HomeMy WebLinkAboutMINUTES - 12192017 -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 19, 2017
9:00 A.M. Convene and announce adjournment to closed session in Room 101.
Closed Session
A. CONFERENCE WITH LABOR NEGOTIATORS
1. Agency Negotiators: David Twa and 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 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))
Contra Costa County Deputy Sheriffs Association, et al., v. Contra Costa County Employees Retirement
Association, et al., California Court of Appeal, First Appellate District, Division 4, Case No. A141913
1.
Contra Costa County Deputy Sheriffs Association, et al., v. Contra Costa County Employees Retirement
Association, et al., Contra Costa County Superior Court Case No. C15-00598
2.
Daniel Lynch v. Contra Costa County, WCAB No. ADJ102174873.
Phillip Wisotsky v. Contra Costa County, WCAB Nos. ADJ8615123, ADJ8615126, ADJ9028973,
ADJ3920434, ADJ1805067, ADJ2352204
4.
9:30 A.M. Call to order and opening ceremonies.
Inspirational Thought- “December is a month of lights, snow and feasts; time to make amends and tie loose ends;
December 19, 2017 Contra Costa County Board of Supervisors Minutes 1
finish off what you started and hope your wishes come true.” -Unknown
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.
PRESENTATIONS (5 Minutes Each)
PRESENTATION of the 2017 Chair of the Board Award. (Supervisor Glover)
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)
Elijah Dominguez, resident of Martinez, spoke on his ongoing case with the County Sheriff's
Department (handout attached);
Jerome Knox, Love-A-Child Ministries, informed everyone of a free celebration, Christmas At the Fair,
at the Antioch Fairgrounds on Saturday, December 23, 2017 from 12 noon to 4 p.m., featuring Santa,
free game booths, clothing, toys and raffles, and cartoon character photo opportunities, for the less
fortunate families of Contra Costa. All are welcome. (Flyer attached).
D.3 HEARING on the appeal of the Notice and Order to Abate a public nuisance on the real property located
at 4049 Camino Vinedo, Martinez. (Assessor's Parcel No. 380-191-011; Owner: H.O. & Gloria J. Royal)
(Jason Crapo, Department of Conservation and Development)
Speaker: Appellant, Doug Royal.
Mr. Royal addressed the Board, and informed them that he has obtained a loan to complete the
reconstruction of the residence, and is hiring a general contractor to do the work. He estimates two
months to begin the reconstruction.
CLOSED the public hearing; DIRECTED Mr. Royal to provide the Code Enforcement Department
with documentation proving a construction loan exists; DIRECTED Code Enforcement to take no
action for 60 days, to allow the general contractor to obtain the necessary permits and begin work;
DIRECTED that if permits are not obtained and repairs begun, Code Enforcement proceed with the
abatement.
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.4 CONSIDER directing the Department of Conservation and Development to prepare an ordinance
amending the County Building Code to require the installation of a roof-mounted solar photovoltaic system
for new residential construction, as recommended by the Ad Hoc Committee on Sustainability. (Jason
Crapo, Department of Conservation and Development) (No fiscal impact)
December 19, 2017 Contra Costa County Board of Supervisors Minutes 2
Speaker: Lisa Vorderbruggen, Building Industry Association.
Following consideration the Board chose to defer action on preparation of an ordinance until the State of California has taken action.
NO ACTION TAKEN.
D.5 HEARING to consider adopting Resolution No. 2017/432, amending the General Plan Land Use
Element Map to redesignate certain publicly owned parcels, and making a related California Environmental
Quality Act finding. (Will Nelson, Department of Conservation and Development) (100% Land
Development Funds)
CLOSED the public hearing; FOUND that the project is exempt from the California Environmental Quality Act (CEQA), pursuant to CEQA
Guidelines Section 15061(b)(3); ADOPTED Board Resolution No. 2017/432, amending the General Plan (County File #GP17-0005) to
redesignate certain publicly-owned parcels to Airport Commercial, Public and Semi-Public, Parks and Recreation, Open Space, Watershed, and
Water land use designations; and DIRECTED the Department of Conservation and Development Director or his designee to file a Notice of
Exemption with the County Clerk.
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.6 HEARING to consider adopting Resolution No. 2017/436 and Ordinance No. 2017-17 to allow
commercial solar energy generating facilities in industrial and commercial zoning districts, and make a
related California Environmental Quality Act finding. (Will Nelson, Department of Conservation and
Development) (100% Land Development Funds)
Speaker: Marissa Mitchell, Intersect Power.
Attachment 1 to Resolution No. 2017/436 The Draft General Plan Text Amendments, Section 8-M,
Renewable Energy Resources Goals, is amended to include the goals for the year 2030:
8-M. To support the State of California’s efforts to fulfill the Renewable Portfolio Standard (RPS), which requires utilities to obtain 33%
of electricity from renewable energy sources by 2020 and 50% by 2030.
CLOSED the public hearing;
FOUND that the project is exempt from the California Environmental Quality Act (CEQA), pursuant to
CEQA Guidelines Section 15061(b)(3);
ADOPTED the revised Board Resolution No. 2017/436, amending the General Plan (County File No.
GP17-0006) to allow commercial/distribution-scale solar energy generating facilities in areas with
certain land use designations after approval of a land use permit;
ADOPTED Ordinance No. 2017-17 to allow commercial/distribution-scale solar energy generating
facilities in Light Industrial, Heavy Industrial, and General Commercial zoning districts after approval
of a land use permit; and
DIRECTED the Department of Conservation and Development Director or his designee to file a Notice
of Exemption with the County Clerk.
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.7 CONSIDER accepting a report from the Department of Conservation and Development and providing
direction to staff on the proposed approach for updating the Contra Costa County General Plan 2005-2020.
(John Kopchik, Maureen Toms, and Will Nelson, Department of Conservation and Development)
ACCEPTED the report from Department of Conservation and Development (DCD) staff on the
proposed approach for updating the Contra Costa County General Plan 2005-2020; CHOSE Option 2
as the approach to update the General Plan; and DIRECTED staff to proceed with a Request for
Proposals to select a consultant to assist with updating the General Plan and preparing the
Environmental Impact Report.
December 19, 2017 Contra Costa County Board of Supervisors Minutes 3
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. 8 CONSIDER reports of Board members.
There were no items reported today.
Closed Session
ADJOURN
ADJOURNED today's meeting in memory of Valentin Alexeeff, former Director of Growth
Management & Economic Development Agency.
Adjourned at 12:35 p.m.
CONSENT ITEMS
Road and Transportation
C. 1 ADOPT Traffic Resolution No. 2017/4464 to prohibit parking at all times on a portion of Alves Lane
(Road No. 5384A), as recommended by the Interim Public Works Director, Bay Point 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. 2 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. 3 ADOPT Resolution No. 2017/438 approving and authorizing the Interim Public Works Director, or
designee, to execute the Maintenance Agreement between Contra Costa County and the Round Hill Estates
North Property Owners Association, Inc., to memorialize the maintenance of two as-built entryway
monuments, as recommended by the Interim Public Works Director, Alamo 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
Special Districts & County Airports
C. 4 APPROVE and AUTHORIZE the Chief Engineer, Flood Control and Water Conservation District, or
December 19, 2017 Contra Costa County Board of Supervisors Minutes 4
C. 4 APPROVE and AUTHORIZE the Chief Engineer, Flood Control and Water Conservation District, or
designee, to execute, on behalf of the Contra Costa Clean Water Program, a contract amendment with EOA,
Inc., to extend the contract term from December 31, 2017 through December 31, 2018, with no change to
payment limit, for continued support with compliance on mandated federal and state stormwater rules
contained in National Pollutant Discharge Elimination System Permits issued by the San Francisco Bay and
Central Valley Regional Water Quality Control Boards, Countywide. (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. 5 APPROVE and AUTHORIZE the Director of Airports, or designee, to EXECUTE, on behalf of the
County, a lease amendment between the County, as lessor, and Pacific States Aviation, Inc. (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. 6 DENY claims filed by Brian Apodaca, Joseph Augustine, Esma Cleave – Cleave Family Trust(2),
CSAA for Frederick W. Good, JG, a minor, Timothy J. Murphy, Vidovation Corporation and John
Woolery. DENY late claim filed by Andy Li.
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. 7 APPROVE and AUTHORIZE the County Counsel, or designee to execute, on behalf of the County and
the Contra Costa County Water Agency, a joint defense agreement with Solano County in connection with
their joint protest filed in the State Water Resources Control Board’s California WaterFix Project
proceeding. (100% Water Agency 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. 8 As the governing body of the Contra Costa County Flood Control and Water Conservation District,
APPROVE and AUTHORIZE the County Counsel’s Office to extend the joint defense and cost-share
agreement between the District and the City of Antioch related to the lawsuit Contra Costa County Flood
Control and Water Conservation District v. Gary A. Eames, et al. (Contra Costa Co. Super. Ct. Case No.
C15-02052), as recommended by the County Counsel. (50% City of Antioch; 50% Contra Costa County
Flood Control District)
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. 9 ACCEPT Board members meeting reports for November 2017.
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. 10
December 19, 2017 Contra Costa County Board of Supervisors Minutes 5
C. 10 INTRODUCE Ordinance Code 2017-24 amending the County Ordinance Code Section 33-5.313 to
exclude from the Merit System the classification of County Compliance and HIPAA Privacy
Officer-Exempt, WAIVE READING and Fix January 9, 2018, for adoption.
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. 11 REAPPOINT Bruce Ohlson to the District V seat on the Countywide Bicycle Advisory Committee, as
recommended by Supervisor Glover.
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 ACCEPT the resignation of Gary Grey, DECLARE a vacancy in the Consumer 60 Years or Older #1
seat on the In-Home Supportive Services Public Authority Advisory Committee, 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
C. 13 REAPPOINT Sharon L. Anderson to be County Counsel of this County, effective December 19, 2017,
for the term prescribed by Government Code section 27641: WAIVE requirements of Government Code
section 24001 for this appointment and find that the best interests of the County are and will be served by
this waiver, as recommended by Supervisor Glover.
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 REAPPOINT Duane Steele to the District 3 seat on the County Planning Commission, as
recommended by Supervisor Burgis.
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. 15 APPROVE the medical staff reappointments, as recommended by the Medical Staff Executive
Committee and the Health 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. 16 REAPPOINT Carlos Agurto to the Structural Pest Management Contractor seat, and APPOINT
Gretchen Logue to the Sustainability Commission representative seat on the Integrated Pest Management
Committee, as recommended by the Health Services Director.
AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor
Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover
C. 17 APPOINT Deborah McGrath to the District V seat on the Family and Children's Trust Committee, as
recommended by Supervisor Glover.
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 19, 2017 Contra Costa County Board of Supervisors Minutes 6
C. 18 APPOINT Dean E. Barbieri to the Member of the Bar seat on the Contra Costa County Public Law
Library Board of Trustees, 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
Appropriation Adjustments
C. 19 Employment and Human Services (0502/0504): APPROVE Appropriation and Revenue Adjustment
No. 5037 authorizing an adjustment to the Child Welfare Services and CalWORKS expenditure budgets as
part of the Department's FY 17/18 budget rebalance. (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. 20 2011 Local Revenue Fund (115300): APPROVE Appropriations and Revenue Adjustment No. 5043
increasing expenditure appropriations and estimated revenue by $593,178 from the State of California
related to continued implementation of AB109 Public Safety Realignment for fiscal year 2017/18. (100%
State AB 109 Public Safety Realignment 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
Intergovernmental Relations
C. 21 Park Dedication Trust Accounts (813600) / Public Works (4500): AUTHORIZE the
Auditor-Controller to transfer $31,307 from the Park Dedication Fund Accounts to the Contra Costa Public
Works Department; APPROVE Appropriation and Revenue Adjustment No. 5038 authorizing new revenue
in the amount of $$31,307 in Public Works Department from Park Dedication Funds and appropriating it
for County activities related to implementing the Urban Tilth Project at 323 Brookside Drive, Richmond.
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. 22 ADOPT Position Adjustment Resolution No. 22197 to transition one Community Health Worker
II-Project (represented) position and its incumbent into the Merit System classification of Community
Health Worker II (represented) in the Health Services Department. (100% Federally Qualified Health Care
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
Leases
C. 23 APPROVE and AUTHORIZE the Interim Public Works Director, or designee, to execute a lease with
3052 Willow Pass Road LLC, for 1,463 square feet of office space at 3024 Willow Pass Road, Suite D,
Concord, for the Health Services Department-Autism, Behavior and Child Development Center (ABCD)
program, for a term of 5 years, with two five-year renewal terms, at an initial annual rent of $35,988 for the
first year with annual increases thereafter. (100% Enterprise 1 Fund)
December 19, 2017 Contra Costa County Board of Supervisors Minutes 7
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. 24 ADOPT Resolution No. 2017/316 approving and authorizing the Sheriff-Coroner, or designee, to
apply for and accept the U.S. Department of Justice, FY 2017 Edward Byrne Memorial Justice Assistance
Grant in an amount not to exceed $171,089 for support of countywide law enforcement programming for
the period October 1, 2017 through September 30, 2020. (100% 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. 25 APPROVE and AUTHORIZE the County Librarian, or designee, to apply for and accept a grant in the
amount of $75,000 from Sunlight Giving Foundation to provide materials and supplies for the early literacy
spaces in twelve of Contra Costa County Libraries for the period December 1, 2017 through November 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. 26 APPROVE and AUTHORIZE the County Librarian, or designee, to apply for and accept a grant in the
amount of $2,250 from California State Library and the California Center for the Book to provide for
author visits for the period December 4, 2017 through June 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. 27 APPROVE and AUTHORIZE the Health Services Director, or designee, to accept a grant award in an
amount not to exceed $1,181,740 from the Department of Health Care Services, Children Medical Services
for the Child Health and Disability Prevention, Health Care Program for Children in Foster Care, and the
Psychotropic Medication Management and Monitoring oversight programs for the period July 1, 2017
through June 30, 2018. (51% 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. 28 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with
Pittsburg Unified School District to pay the County an amount not to exceed $100,000 to provide
school-based mental health intervention services to seriously emotionally disturbed children and youth for
the period November 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. 29 APPROVE and AUTHORIZE the Health Services Director, or designee, to apply for a grant in an
amount not to exceed $150,000 from the California Office of Housing and Community Development and
ADOPT Resolution No. 2017/449, for the County to provide permanent supportive housing for persons who
are homeless and in need of mental health services through the No Place Like Home Program. (No County
match)
December 19, 2017 Contra 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. 30 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract
amendment with University of California, San Francisco to extend the term through March 31, 2018 and
increase the amount payable to County by $38,339 to a new amount payable of $51,119 for the
Comparison of 3 Modes of Genetic Counseling in High-Risk Public Hospital Patients Research Project at
Contra Costa Regional Medical Center and Health Centers. (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. 31 ADOPT Resolution No. 2017/452 approving and authorizing the Sheriff-Coroner, or designee, to enter
into a Memorandum of Understanding with the Counties of Napa, Sonoma, Solano and the City of Santa
Rosa for cost recovery associated with the emergency mutual aid response to the October 2017 California
Wildfires, Federal Emergency Disaster Funds, FEMA -344-DR-CA. (100% 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
APPROVE and AUTHORIZE execution of agreement between the County and the following parties as
noted for the purchase of equipment and/or services:
C. 32 APPROVE and AUTHORIZE the Interim Public Works Director, or designee, to execute a contract
amendment with Francisco & Associates, Inc., effective December 19, 2017, to extend the term from
February 28, 2018 through December 31, 2018, and to increase the payment limit by $50,000 to a new
payment limit of $250,000, to continue providing assessment engineering services to complete existing
projects, Countywide. (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. 33 APPROVE and AUTHORIZE the Purchasing Agent to execute, on behalf of the County Librarian, a
purchase order with Baker & Taylor in an amount not to exceed $351,183 for book rental for the Contra
Costa County Library, for the period January 1 through December 31, 2018. (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. 34 APPROVE and AUTHORIZE the Employment and Human Services Director, or designee, to execute
a contract with Julie Peck, (dba Advocacy and Resolution Services), in an amount not to exceed $150,000
for ombudsman services for the period January 1, 2018 through December 31, 2019. (42% Federal, 48%
State, 10% County)
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 APPROVE and AUTHORIZE the Assessor, or designee, to execute a contract with Tyler
Technologies, Inc., in the amount of $153,154 for maintenance and support of the AES Rapid 2000
computer automated appraisal system for the period of August 1, 2017 through July 31, 2018. (100%
AB589 Property Tax Administration Program 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
December 19, 2017 Contra Costa County Board of Supervisors Minutes 9
C. 36 APPROVE and AUTHORIZE the Sheriff-Coroner, or designee, to execute a contract with Gemalto
Cogent, Inc., in an amount not to exceed $120,000 for the services and maintenance enhancement of a
dedicated on-site support engineer for the period December 19, 2017 through December 18. 2018. (100%
CAL-ID Remote Access Network 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. 37 APPROVE and AUTHORIZE the Director of Risk Management to execute contracts with specified
legal firms for defense of the County in workers' compensation, tort defense, and civil rights claims for the
period January 1 through December 31, 2018, in accordance with a specified fee schedule. (100%
Self-Insurance Internal Service 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. 38 APPROVE and AUTHORIZE the Employment and Human Services Director, or designee, to issue
Request for Proposals in an amount not to exceed $1,060,000 for the operation of the Subsidized
Temporary Experience with Pay for the Under-Employed Program for the period July 1, 2018 through June
30, 2019. (15% State, 85% 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. 39 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with
Ramon Berguer, M.D., in an amount not to exceed $300,000 to provide general surgery services at Contra
Costa Regional Medical Center and Health Centers for the period January 1 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. 40 APPROVE and AUTHORIZE the Sheriff- Coroner, or designee, to execute a contract with West
Advanced Technologies, Inc., in an amount not to exceed $300,000 to provide consulting, design
development, programming services and maintenance and support for the Automated Regional Information
Exchange System for the period January 1, 2018 through June 30, 2019. (100% Urban Area Security
Initiative funds)
Union representative have requested additional time to examine impacts on County employees, this item
is therefore:
RELISTED to a future date uncertain.
C. 41 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with
Pro Transport-1, LLC, in an amount not to exceed $300,000 to provide non-emergency ambulatory
transportation for mental health consumers and conserved patients for the period January 1, 2018 through
December 31, 2019. (100% Mental Health 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. 42 APPROVE and AUTHORIZE the Conservation and Development Director, or designee, to execute a
December 19, 2017 Contra Costa County Board of Supervisors Minutes 10
C. 42 APPROVE and AUTHORIZE the Conservation and Development Director, or designee, to execute a
contract amendment with the City of Richmond to extend the term from December 31, 2017 through June
30, 2018, with no change to the current payment limit of $1,080,055, to facilitate the City’s continued use
of jointly-administered North Richmond Mitigation Fee funding to implement services and programs
authorized in the City/County-approved expenditure plans and co-staff the North Richmond Mitigation
Fund Committee. (100% North Richmond Mitigation 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. 43 APPROVE and AUTHORIZE the County Clerk-Recorder, or designee, to execute a contract including
County indemnification obligations with Iron Mountain Information Management Services, Inc., in an
amount not to exceed $20,000 for remote data backup services for period January 1, 2018 through
December 31, 2020. (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 Health Services Director, or designee, to execute a contract
amendment with Bayside Solutions, Inc., effective September 15, 2017, to increase the payment limit by
$300,000 to a new payment limit of $954,000 to provide additional hours of consulting and recruitment
services for the Health Services Department’s Information Systems Unit, with no change in the term of
January 1 through December 31, 2017. (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. 45 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with the
U.S. Department of Veterans Affairs, Northern California Health Care System, effective December 1, 2017,
to extend the term through March 31, 2018 and increase the payment limit by $160,000 to a new payment
limit of $3,321,000 for continuation of nuclear medicine services to Contra Costa Regional Medical
Center’s Nuclear Medicine Department. (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. 46 APPROVE and AUTHORIZE the Interim Public Works Director, or designee, to execute a contract
amendment with Dillard Trucking, Inc., to extend the term from November 8, 2017 through November 8,
2018, with no change to the payment limit, for the 2016 On-Call Trucking Services Contract for Various
Road and Flood Control Maintenance Work, Countywide. (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. 47 APPROVE and AUTHORIZE the Employment and Human Services Director, or designee, to execute
a contract with Seneca Family of Agencies, a Non-Profit Corporation of California, in an amount not to
exceed $1,076,706 to provide wraparound services to increase foster care placement stability of children,
for the period November 1, 2017 through June 30, 2018. (39% County; 43% State; 18% Federal Funding)
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 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with
December 19, 2017 Contra Costa County Board of Supervisors Minutes 11
C. 48 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with
National Alliance on Mental Illness Contra Costa in an amount not to exceed $299,767 to implement a
family volunteer network program to support families with mentally ill family members for the period
January 1 through June 30, 2018, including a six-month automatic extension through December 31, 2018 in
an amount not to exceed $299,767. (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. 49 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with
Shelter, Inc. of Contra Costa County in an amount not to exceed $252,528 for support services to homeless
county residents in the Supportive Housing Program for the period December 1, 2017 through November
30, 2018. (100% Federal McKinney-Vento Homeless 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. 50 APPROVE and AUTHORIZE the Purchasing Agent or designee to execute, on behalf of the
Department of Information Technology, a purchase order with Integrated Archive Systems in the amount of
$118,726 for the renewal of Cisco Smartnet hardware and software maintenance of Cisco switches and
network infrastructure hardware, for the period November 9, 2017 through November 30, 2018. (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. 51 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with
BeavEx Inc., in an amount not to exceed $260,000 to provide courier services for medical items for Contra
Costa Regional Medical Center and Health Centers for the period December 1, 2017 through November 30,
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. 52 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract
amendment with Community Options for Families and Youth, Incorporated, effective November 1, 2017,
to increase the payment limit by $645,336 to a new payment limit of $3,069,865 to provide additional
school-based therapeutic behavioral services to seriously emotionally disturbed children and adolescents,
with no change in the term of July 1, 2017 through June 30, 2018; and to increase the automatic extension
payment limit by $272,668 to a new payment limit of $1,484,932 through December 31, 2018. (43%
Federal Medi-Cal, 32% County Realignment, 22% Mental Health Services Act, 3% Pittsburg Unified
School District)
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 Health Services Director, or designee, to execute a contract
amendment with Diablo Medical and Sleep Clinic Medical Corporation, effective November 1, 2017, to
increase the payment limit by $105,000 to a new payment limit of $225,000 to provide additional
pulmonary and sleep medicine services, with no change in the term of June 1, 2015 through May 31, 2018.
(100% Contra Costa Health Plan Community Fund III)
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. 54 APPROVE and AUTHORIZE the County Administrator, or designee, to execute a contract
December 19, 2017 Contra Costa County Board of Supervisors Minutes 12
C. 54 APPROVE and AUTHORIZE the County Administrator, or designee, to execute a contract
amendment with Encore Clinical Consultation, Inc., to extend the term from December 31, 2017 through
December 31, 2018 and increase the payment limit by $75,000 to a new payment limit of $325,000 to
provide specialized administrative and consulting services with regard to medical and mental health
programs in the County's detention system. (100% County General Fund, Budgeted)
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 Purchasing Agent to execute, on behalf of the Health Services
Department, a purchase order with R-Computer, Inc., in an amount not to exceed $116,742 for IBM Lotus
Notes licenses and support, and a customer agreement with IBM for the period January 1 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. 56 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with
DJR Healthcare Consulting, Inc., in an amount not to exceed $597,000 to provide consultation and technical
assistance to the Contra Costa Regional Medical Center and Health Centers 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. 57 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract
amendment with Asante Alliance, LLC, effective August 1, 2017, to increase the payment limit by
$750,000 to a new payment limit of $850,000 for qualified consultants, contractors for hire, and/or direct
placement candidates for hard to fill positions in the Health Services Information Technology Unit, with no
change in the term from December 1, 2016 through June 30, 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. 58 APPROVE and AUTHORIZE the Public Defender, or designee, to execute a contract with Catholic
Charities of the Diocese of Oakland (dba Catholic Charities of the East Bay), in an amount not to exceed
$491,843 to provide civil legal deportation defense and community services for Stand Together CoCo, for
the period January 1 through June 30, 2018. (100% State Public Safety 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. 59 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with
Victor Kogler in an amount not to exceed $125,938 to provide consultation, technical assistance and
operational support to the Behavioral Health Services Division/Alcohol and Other Drugs Services for the
period January 1 through December 31, 2018. (10% Federal Prevention Set-Aside, 60% Federal Prevention
Treatment Discretionary/Realignment, 30% County Realignment funds)
Union representative have requested additional time to examine impacts on County employees, this item
is therefore:
RELISTED to a future date uncertain.
C. 60 APPROVE and AUTHORIZE the Purchasing Agent to execute, on behalf of the Health Services
December 19, 2017 Contra Costa County Board of Supervisors Minutes 13
C. 60 APPROVE and AUTHORIZE the Purchasing Agent to execute, on behalf of the Health Services
Department, a purchase order amendment with Stryker Corporation to increase the payment limit by
$870,000 to a new payment limit of $2,420,000 for endoscopic equipment, implants, and supplies for
Contra Costa Regional Medical Center, 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. 61 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with
R.E.A.C.H. Project, effective July 1, 2017, to increase the payment limit by $58,714 to a new payment
limit of $1,160,589 to provide additional drug abuse prevention and treatment services to youth and adults
in East County, with no change in the term of July 1, 2017 through June 30, 2018. (8% Substance Abuse
Prevention and Treatment Block Grant, 43% Drug Medi-Cal Realignment, 43% Federal Drug Medi-Cal,
6% Probation 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
C. 62 APPROVE and AUTHORIZE the Interim Public Works Director, or designee, to execute a contract
amendment with LSA, Associates, Inc., for additional environmental services for the Marsh Creek Road
Bridge Replacement-Environmental Technical Studies Project, with no change to the payment limit or
term, Clayton 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. 63 APPROVE and AUTHORIZE the Purchasing Agent to execute, on behalf of the Health Services
Department, a purchase order amendment with Arthrex, Inc., to increase the payment limit by $90,000 to a
new payment limit of $870,000 for medical instruments, supplies, and implants for Contra Costa Regional
Medical Center, with no change in the term of February 1, 2016 through January 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. 64 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a novation
contract with Anka Behavioral Health, Inc., in an amount not to exceed $4,341,029 to provide community
services, support programs, and residential mental health services to County clients for the period July 1,
2017 through June 30, 2018; including a six-month automatic extension through December 31, 2018 in an
amount not to exceed $2,170,514. (65% Mental Health Realignment, 35% Federal Medi-Cal)
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 Health Services Director, or designee, to execute a contract
containing modified indemnification language with BHC Sierra Vista Hospital, Inc., in an amount not to
exceed $250,000 to provide inpatient psychiatric hospital services to County-referred adults for the period
November 1, 2017 through June 30, 2018. (100% Mental Health 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. 66 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with
December 19, 2017 Contra Costa County Board of Supervisors Minutes 14
C. 66 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with
Elizabeth M. Berryman, M.D., in an amount not to exceed $225,000 to provide primary physician patient
care at the County’s adult and juvenile detention facilities for the period December 1, 2017 through
November 30, 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. 67 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract
amendment with Peyman Keyashian, M.D., effective December 1, 2017, to increase the payment limit by
$46,000 to a new payment limit of $551,000 to provide additional anesthesiology services at Contra Costa
Regional Medical Center and Health Centers, with no change in the term of February 1, 2017 through
January 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. 68 APPROVE and AUTHORIZE the County Administrator, or designee, to execute a contract with Edgar
G. Ibarra (dba Fast Eddie's Auto Service) in an amount not to exceed $75,000 to provide an automotive
repair training program for the incarcerated for the period January 1, 2018 through February 28, 2019, and
a contract with the City of Richmond's Richmond Workforce Development Board in an amount not to
exceed $175,000 to provide an employment training program for the period January 1, 2018 through
December 31, 2019. (100% AB 109 Local Innovation Subaccount)
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 ADOPT Resolution No. 2017/454 approving and authorizing the Interim Public Works Director, or
designee, to execute a contract with CleanStreet, a Californian Corporation, in an amount not to exceed
$1,000,000, to provide routine street sweeping services for curbed streets in unincorporated Contra Costa
County, for the period of December 19, 2017 through December 31, 2020, Countywide. (100% Stormwater
Utility Assessment 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. 70 APPROVE and AUTHORIZE the Interim Public Works Director, or designee, to execute a contract
amendment with C&J Painting to increase the payment limit from $500,000 to a new payment limit of
$3,000,000, for interior and exterior painting services, with no change to the original term of May 1, 2017
through April 30, 2020, 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
Other Actions
C. 71 RECONSTITUTE the County Library Commission in its composition and powers and take related
actions, as recommended by the Library Commission and County Librarian. (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. 72 AUTHORIZE the destruction of County records maintained by the County Counsel's Office that are
over two years old and are no longer necessary or required for County purposes pursuant to Government
Code section 26202, as recommended by the County Counsel.
December 19, 2017 Contra Costa County Board of Supervisors Minutes 15
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 Sheriff-Coroner, or designee, to execute a License Agreement with
the United States of America by the Secretary of the Navy, allowing the County to use a portion of the
former Naval Weapons Station in Concord to conduct public safety training, for the period of December
16, 2017 through December 15, 2018; and APPROVE and AUTHORIZE the Sheriff, or designee, to enter
into Sublicense Agreements with other public agencies allowing those agencies to use the County-licensed
portion of the former Naval Weapons Station in Concord to conduct public safety training for the period
ending December 15, 2018. (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. 74 APPROVE clarification of Board action of October 17, 2017 (Item C.69), which approved and
authorized the Employment and Human Services Director, or designee, to accept supplemental grant
funding from the U.S. Department of Justice, Office of Violence Against Women, for the Domestic
Homicide Prevention Demonstration Initiative, Lethality Assessment Program, to change the term of
October 1, 2017 through September 30, 2018 to October 1, 2017 through September 30, 2019, with no
change in the payment limit of $1,984,787. (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. 75 ADOPT Resolution No. 2017/444 and Resolution No. 2017/450 authorizing operation of the Ygrene
Property Assessed Clean Energy (PACE) financing program in the unincorporated area of the County and
AUTHORIZE the Conservation and Development Director, or designee, to execute an Operating
Agreement with the Golden State Financing Authority and an Indemnification and Insurance Agreement
with Ygrene Energy Fund, LLC. (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. 76 APPROVE clarification of Board action of August 2, 2011 (Item C.41), which authorized the Health
Services Director to execute a contract with Total Renal Care, Inc., for blood treatment services for inmates
and patients at the Martinez Detention Facility, to reflect the correct term of service as January 27, 2012
through January 26, 2018. (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. 77 APPROVE and AUTHORIZE the Interim Public Works Director, or designee, to execute PG&E
interconnection agreements for net energy metering of solar electric generating facilities of 1,000 kW or
less for various County-owned facilities, Countywide. (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. 78 APPROVE Substantial Amendments to the FY 2016/17 and 2017/18 Annual Action Plans to (1)
reprogram $1,927,000 in HOME Investment Partnerships Act funds previously allocated to Veteran's
Square Apartments, Pittsburg to projects that are capable of expending the funds by the federal deadline and
(2) allocate the reprogrammed funds together with approximately $500,000 in program income and $73,000
in FY 2018/19 funds to Twenty One and Twenty Three Nevin Apartments in Richmond ($2 million), and to
Heritage Point Apartments in North Richmond ($500,000), as recommended by the Conservation and
Development Director. (100% Federal funds)
December 19, 2017 Contra Costa County Board of Supervisors Minutes 16
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 DESIGNATE the West County Detention Facility and the future West County Reentry, Treatment, and
Housing Facility as mental health treatment facilities 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, as recommended by the Health Services Director and
Sheriff-Coroner. (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. 80 APPROVE and AUTHORIZE the Auditor-Controller, or designee, to pay $24,115 to Sodexo
America, LLC, for management and oversight of the Food and Nutrition Services Unit at the Contra Costa
Regional Medical Center and Health Centers for the period June 1, 2017 through October 31, 2017. (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 DISCHARGE the Conservation and Development Director and the Interim Public Works Director
from accountability for the collection of Drainage Area fees totaling approximately $72,000 that were not
assessed on certain building permits issued between June 2015 and October 2017 due to a computer system
error, and REFER measures being taken to improve the fee collection process to the Finance Committee.
(100% Area Drainage 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. 82 APPROVE and AUTHORIZE the consolidation of elections for specified jurisdictions on file in the
Contra Costa Elections Division and the Clerk of the Board of Supervisors for a by-mail election on March
6, 2018. (100% Election 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. 83 CONTINUE the emergency action originally taken by the Board of Supervisors on November 16,
1999, and most recently approved by the Board on December 5, 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. 84 ADOPT Resolution No. 2017/451 authorizing the issuance of Multifamily Housing Revenue Bonds in
an amount not to exceed $1,600,000 to provide financing for the costs of construction of Riviera Family
Apartments in Walnut Creek, 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. 85 ADOPT Resolution No. 2017/453 approving the Side Letter between Contra Costa County and the
December 19, 2017 Contra Costa County Board of Supervisors Minutes 17
C. 85 ADOPT Resolution No. 2017/453 approving the Side Letter between Contra Costa County and the
California Nurses Association modifying the Preamble and Section 64 Duration of Agreement of the
Memorandum of Understanding to extend the contract from December 31, 2017 through January 31, 2018,
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. 86 AUTHORIZE the Vice-Chair of the Board of Supervisors to sign a comment letter related to the
Healthcare Services Municipal Services Review (MSR) released by the Contra Costa County Local Agency
Formation Commission on December 2, 2017, as recommended by the County Administrator. (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. 87 APPROVE and AUTHORIZE Arts and Culture Commission of Contra Costa County (AC5), with
direct administrative support and budgetary oversight of the County Administrator, or designee, to host the
20th Annual Arts Recognition Awards event to be held on January 14, 2018, pursuant to Administrative
Bulletin No. 114. (32% State, 68% County; budgeted)
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. 88 ACCEPT the Contra Costa County Library Commission 2017 Annual Report and 2018 Work Plan, as
recommended by the County Librarian. (No fiscal impact)
The Library Commisison has requested additional time to review the report. This matter is RELISTED
to a future date uncertain.
C. 89 ACCEPT the Alcohol and Other Drugs Advisory Board 2017 Annual Report, as recommended by the
Health 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. 90 ACCEPT the Treasurer’s Quarterly Investment Report as of September 30, 2017, as recommended by
the County 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. 91 ACCEPT the November 2017 update to the operations of the Employment and Human Services
Department Community Services Bureau, 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. 92 ACCEPT the 2017 year-end report on the activities of the Internal Operations Committee and
APPROVE disposition of referrals as recommended by the 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. 93 ACCEPT year-end productivity report from the 2017 Public Protection Committee and APPROVE
December 19, 2017 Contra Costa County Board of Supervisors Minutes 18
C. 93 ACCEPT year-end productivity report from the 2017 Public Protection Committee and APPROVE
recommended disposition of referrals, as recommended by the Public Protection 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. 94 ACCEPT the biennial report from the Health Services Department on the HIV Prevention and Needle
Exchange Program, 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. 95 ACCEPT the report from the Employment and Human Services Department regarding the impacts of
technology on client access to public benefits, 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. 96 ACCEPT the report from the Employment and Human Services Department on foster care Continuum
of Care Reform, 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. 97 ACCEPT the 2017 report on the Local Planning and Advisory Council for Early Care and Education
activities and countywide plan for early care and education, 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. 98 ACCEPT the 2017 report from the Employment and Human Services Department on the oversight
and activities of the Community Services Bureau, 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. 99 ACCEPT the annual report from the Employment and Human Services Department on Innovative
Community Partnerships and Whole Family Services, 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 the report from Employment and Human Services Department on Children and Family
Services funding and prevention services, 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.101 ACCEPT the 2017 report from the Employment and Human Services Department on the CalFresh
program, formerly known as Food Stamps and federally known as the Supplemental Nutritional Assistance
Program, as recommended by the Family and Human Services Committee.
December 19, 2017 Contra Costa County Board of Supervisors Minutes 19
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 ACCEPT the report from the Health Services Department addressing mental health service issues and
concerns raised by the the Family and Human Services Committee (F&HS), the Mental Health
Commission, Civil Grand Jury Report No. 1703, and members of the public, as recommended by the F&HS.
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 ACCEPT the 2017 report from the Employment and Human Services Department on youth services,
including an update on the Independent Living Skills Program, 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.104 ACCEPT the annual report from the Health Services Department on the health services provided to
the homeless population in Contra Costa County through the Health Care for the Homeless Program, 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
GENERAL INFORMATION
The Board meets in all its capacities pursuant to Ordinance Code Section 24-2.402, including as the Housing
Authority and the Successor Agency to the Redevelopment Agency. Persons who wish to address the Board should
complete the form provided for that purpose and furnish a copy of any written statement to the Clerk.
Any disclosable public records related to an open session item on a regular meeting agenda and distributed by the
Clerk of the Board to a majority of the members of the Board of Supervisors less than 72 hours prior to that meeting
are available for public inspection at 651 Pine Street, First Floor, Room 106, Martinez, CA 94553, during normal
business hours.
All matters listed under CONSENT ITEMS are considered by the Board to be routine and will be enacted by one
motion. There will be no separate discussion of these items unless requested by a member of the Board or a member
of the public prior to the time the Board votes on the motion to adopt.
Persons who wish to speak on matters set for PUBLIC HEARINGS will be heard when the Chair calls for comments
from those persons who are in support thereof or in opposition thereto. After persons have spoken, the hearing is
closed and the matter is subject to discussion and action by the Board. Comments on matters listed on the agenda or
otherwise within the purview of the Board of Supervisors can be submitted to the office of the Clerk of the Board via
mail: Board of Supervisors, 651 Pine Street Room 106, Martinez, CA 94553; by fax: 925-335-1913.
The County will provide reasonable accommodations for persons with disabilities planning to attend Board meetings
who contact the Clerk of the Board at least 24 hours before the meeting, at (925) 335-1900; TDD (925) 335-1915.
An assistive listening device is available from the Clerk, Room 106.
Copies of recordings of all or portions of a Board meeting may be purchased from the Clerk of the Board. Please
telephone the Office of the Clerk of the Board, (925) 335-1900, to make the necessary arrangements.
Forms are available to anyone desiring to submit an inspirational thought nomination for inclusion on the
Board Agenda. Forms may be obtained at the Office of the County Administrator or Office of the Clerk of the Board,
December 19, 2017 Contra Costa County Board of Supervisors Minutes 20
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 TBD 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 TBD See above
Legislation Committee TBD See above
Public Protection Committee TBD See above
Transportation, Water & Infrastructure Committee TBD See above
PERSONS WHO WISH TO ADDRESS THE BOARD DURING PUBLIC COMMENT OR
WITH RESPECT TO AN ITEM THAT IS ON THE AGENDA, MAY BE LIMITED TO TWO
(2) MINUTES
A LUNCH BREAK MAY BE CALLED AT THE DISCRETION OF THE BOARD CHAIR
AGENDA DEADLINE: Thursday, 12 noon, 12 days before the Tuesday Board meetings.
December 19, 2017 Contra Costa County Board of Supervisors Minutes 21
Glossary of Acronyms, Abbreviations, and other Terms (in alphabetical order):
Contra Costa County has a policy of making limited use of acronyms, abbreviations, and industry-specific language
in its Board of Supervisors meetings and written materials. Following is a list of commonly used language that may
appear in oral presentations and written materials associated with Board meetings:
AB Assembly Bill
ABAG Association of Bay Area Governments
ACA Assembly Constitutional Amendment
ADA Americans with Disabilities Act of 1990
AFSCME American Federation of State County and Municipal Employees
AICP American Institute of Certified Planners
AIDS Acquired Immunodeficiency Syndrome
ALUC Airport Land Use Commission
AOD Alcohol and Other Drugs
ARRA American Recovery & Reinvestment Act of 2009
BAAQMD Bay Area Air Quality Management District
BART Bay Area Rapid Transit District
BayRICS Bay Area Regional Interoperable Communications System
BCDC Bay Conservation & Development Commission
BGO Better Government Ordinance
BOS Board of Supervisors
CALTRANS California Department of Transportation
CalWIN California Works Information Network
CalWORKS California Work Opportunity and Responsibility to Kids
CAER Community Awareness Emergency Response
CAO County Administrative Officer or Office
CCCPFD (ConFire) Contra Costa County Fire Protection District
CCHP Contra Costa Health Plan
CCTA Contra Costa Transportation Authority
CCRMC Contra Costa Regional Medical Center
CCWD Contra Costa Water District
CDBG Community Development Block Grant
CFDA Catalog of Federal Domestic Assistance
CEQA California Environmental Quality Act
CIO Chief Information Officer
COLA Cost of living adjustment
ConFire (CCCFPD) Contra Costa County Fire Protection District
CPA Certified Public Accountant
CPI Consumer Price Index
CSA County Service Area
CSAC California State Association of Counties
CTC California Transportation Commission
dba doing business as
DSRIP Delivery System Reform Incentive Program
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
December 19, 2017 Contra Costa County Board of Supervisors Minutes 22
FEMA Federal Emergency Management Agency
F&HS Family and Human Services Committee
First 5 First Five Children and Families Commission (Proposition 10)
FTE Full Time Equivalent
FY Fiscal Year
GHAD Geologic Hazard Abatement District
GIS Geographic Information System
HCD (State Dept of) Housing & Community Development
HHS (State Dept of ) Health and Human Services
HIPAA Health Insurance Portability and Accountability Act
HIV Human Immunodeficiency Syndrome
HOV High Occupancy Vehicle
HR Human Resources
HUD United States Department of Housing and Urban Development
IHSS In-Home Supportive Services
Inc. Incorporated
IOC Internal Operations Committee
ISO Industrial Safety Ordinance
JPA Joint (exercise of) Powers Authority or Agreement
Lamorinda Lafayette-Moraga-Orinda Area
LAFCo Local Agency Formation Commission
LLC Limited Liability Company
LLP Limited Liability Partnership
Local 1 Public Employees Union Local 1
LVN Licensed Vocational Nurse
MAC Municipal Advisory Council
MBE Minority Business Enterprise
M.D. Medical Doctor
M.F.T. Marriage and Family Therapist
MIS Management Information System
MOE Maintenance of Effort
MOU Memorandum of Understanding
MTC Metropolitan Transportation Commission
NACo National Association of Counties
NEPA National Environmental Policy Act
OB-GYN Obstetrics and Gynecology
O.D. Doctor of Optometry
OES-EOC Office of Emergency Services-Emergency Operations Center
OPEB Other Post Employment Benefits
OSHA Occupational Safety and Health Administration
PARS Public Agencies Retirement Services
PEPRA Public Employees Pension Reform Act
Psy.D. Doctor of Psychology
RDA Redevelopment Agency
RFI Request For Information
RFP Request For Proposal
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)
December 19, 2017 Contra Costa County Board of Supervisors Minutes 23
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 19, 2017 Contra Costa County Board of Supervisors Minutes 24
RECOMMENDATION(S):
1. OPEN the hearing on the appeal of the Notice and Order to Abate a public nuisance on the real property located at
4049 Camino Vinedo, Martinez, CA in Contra Costa County; Assessor's Parcel No. 380-191-011; RECEIVE and
CONSIDER oral and written testimony and other evidence from the County Abatement Officer, the property owner,
and other persons; and CLOSE the hearing.
2. FIND that the facts set forth below are true.
3. AFFIRM the County Abatement Officer's determination in the Notice and Order to Abate by finding that the
substandard building under construction with expired building permits, which is substandard due to inadequate
sanitation, nonconforming wiring, plumbing and mechanical equipment, and faulty weather protection, and which is
presently occupied without a final inspection or certificate of occupancy issued by the building official, on the
above-referenced real property is a public nuisance in violation of Contra Costa County Ordinance Code sections
72-6.202, 74.2002, and 712-4.014; California Health and Safety Code section 17920.3; and California Residential
Code sections R109.1.6 and R110.1.
4. ORDER the property owner to abate the public nuisance by doing all of the following within thirty (30) days of the
mailing of the Board's decision:
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 12/19/2017 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: Jason Crapo,
925-674-7723
I hereby certify that this is 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 19, 2017
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc:
D.3
To:Board of Supervisors
From:John Kopchik, Director, Conservation & Development Department
Date:December 19, 2017
Contra
Costa
County
Subject:Appeal of Abatement Action at 4049 Camino Vinedo, Martinez, CA owner H.O. and Gloria J. Royal
December 19, 2017 Contra Costa County Board of Supervisors Minutes 25
RECOMMENDATION(S): (CONT'D)
a. Vacate the substandard building; and
b. Remove the junk, debris, garbage, rodent harborages, and combustible material from the interior of the
substandard building and premises; and
c. Either obtain the appropriate building permits for the substandard building and an approved final inspection, or
secure the substandard building according to the County standards for securing a vacant structure found in Contra
Costa County Ordinance Code section 720-4.406.
5. DIRECT the County Abatement Officer to remove the junk, debris, garbage, rodent harborages, and
combustible material form the interior of the substandard building and the premises, secure the substandard
building in accordance with Contra Costa County Ordinance Code section 720-4.406 and charge the cost of the
work and all administrative costs to the property owner, if the property owner does not comply with the Board's
order to abate the public nuisance.
6. DIRECT the County Abatement Officer to send the Board's decision by first-class mail to the property owner
and to each party appearing at this hearing, and to file the Board's decision with the Clerk of the Board of
Supervisor.
FISCAL IMPACT:
Staff estimates the cost of clearing the interior of the substandard building and the premises and securing the
substandard building to be approximately $20,000. If the County Abatement Officer performs the work of
abatement and the property owner does not pay, the actual cost of the work and all administrative costs will be
imposed as a lien on the property after notice and a hearing, and may be collected as an assessment against the
property.
BACKGROUND:
The real property located at 4049 Camino Vinedo, Martinez, CA in Contra Costa County; APN
380-191-011 is owned by H.O. & Gloria J. Royal.
1.
The above-referenced property is located in a single-family residential zoning district.2.
Contra Costa County Ordinance Code section 72-6.202 prohibits the erection, construction, enlargement,
alteration, repair, movement, improvement, removal, conversion, or demolition of any building or structure
regulated by Title 7 of the County Ordinance Code, or the performance of any work regulated by Title 7 of
the County Ordinance Code, without the necessary permits from the county building official.
3.
Contra Costa County Ordinance Code section 74-2.002 and California Residential Code sections R109.1.6
and R110.1 prohibit occupancy of a building until a final inspection is made and the building official issues
a certificate of occupancy.
4.
Contra Costa County Ordinance Code section 712-4.014 prohibits violations of State Housing Law
(California Health & Safety Code section 17910 et seq.), and California Health & Safety Code section
17920.3 enumerates conditions that would result in a building being declared substandard, including
inadequate sanitation, nonconforming wiring, plumbing, or mechanical equipment, and faulty weather
protection.
5.
County staff made an initial inspection of the above-referenced property on October 27, 2015. County staff
observed the occupation of a substandard building under construction, including inadequate sanitation,
nonconforming wiring, plumbing, and mechanical equipment, and faulty weather protection, in violation of
Contra Costa County Ordinance Code section 712-4.014 and California Health and Safety Code section
17920.3, subsections (a) 1, 3, 5, 6, and 10, (d), (e), (f), and (g). Inspection of county files related to the
above-referenced property revealed that the building permit issued for construction of the substandard
building (BI423969) had expired, and occupancy had occurred without an approved final inspection or
issuance of a certificate of occupancy in violation of Contra Costa County Ordinance Code sections
72-6.202 and 74.2002, and California Residential Code sections R109.1.6 and R110.1. County staff also
observed an accumulation of junk, debris, garbage, rodent harborages, and combustible materials on the site.
6.
Re-inspections of the property on January 21, 2016, March 11, 2016, May 17, 2016, August 31, 2016,7.
December 19, 2017 Contra Costa County Board of Supervisors Minutes 26
October 19, 2016, April 13, 2017, August 29, 2017, September 1, 2017, and October 24, 2017 showed that
the property continued to be in violation of Contra Costa County Ordinance Code sections 72-6.202,
74.2002, and 712-4.014; California Health & Safety Code section 17920.3, subsections (a) 1, 3, 5, 6, and
10, (d), (e), (f), and (g); and California Residential Code sections R109.1.6 and R110.1. See Attachment A
for the chronology of events and site inspections at the property.
The Notice and Order to Abate was served on the property owner and all persons known to be in possession
of the property by certified mail on August 31, 2017 and posted on the above-referenced property on
September 1, 2017.
8.
The property owner filed an Appeal of Notice and Order to Abate on September 14, 2017. Notice of this
appeal hearing was sent to the property owner by the Clerk of the Board by both certified and regular mail
on December 7, 2017.
9.
CONSEQUENCE OF NEGATIVE ACTION:
If the Board does not approve the recommended actions, unsafe conditions representing a public nuisance will
continue to exist on the subject property.
CLERK'S ADDENDUM
Speaker: Appellant, Doug Royal. Mr. Royal addressed the Board, and informed them that he has obtained a
loan to complete the reconstruction of the residence, and is hiring a general contractor to do the work. He
estimates two months to begin the reconstruction. CLOSED the public hearing; DIRECTED Mr. Royal to
provide the Code Enforcement Department with documentation proving a construction loan exists;
DIRECTED Code Enforcement to take no action for 60 days, to allow the general contractor to obtain the
necessary permits and begin work; DIRECTED that if permits are not obtained and repairs begun, Code
Enforcement proceed with the abatement.
ATTACHMENTS
Appeal of Notice to Abate
Letter of Complaint
Attachment A Chronology of Events
Exhibit A - Photos
December 19, 2017 Contra Costa County Board of Supervisors Minutes 27
December 19, 2017 Contra Costa County Board of Supervisors Minutes 28
December 19, 2017 Contra Costa County Board of Supervisors Minutes 29
December 19, 2017 Contra Costa County Board of Supervisors Minutes 30
November 30, 2017
Attachment A
Chronology of Events for
4049 Camino Vinedo
Owner: H.O. and Gloria J. Royal
Site address: 4049 Camino Vinedo, Martinez, CA 94553
APN: 380-191-011
REF: BIRF15-00930
The follow chronology of events documents the code violations observed by County staff culminating in the
Notice and Order to Abate.
December 8, 2008: Demolition to fire damaged house without required building permits.
August 19, 2009: Building permit BI423969 issued for the repair of fire damaged house and 891 sq. ft. addition.
First approved inspection August 9, 2011.
May 16, 2013: Building permit BI423969 expired.
November 14, 2013: New building permit BIAD13-009765 issued to replace the original expired permit.
September 30, 2014: Building permit BIAD13-009765 expired.
October 27, 2015: Photos taken of site after receiving complaint from Contra Costa County Sheriff’s department.
On November 23, 2015, the current code enforcement case BIRF15-00930 was opened and a Notice to Comply
letter was posted and served for violations including, but not limited to, an occupied substandard structure,
expired building permits and excessive debris on site constituting a residential property nuisance. See photos
dated October 27, 2015 in Exhibit A.
January 21, 2016: Subsequent site visit to follow up on the Notice to Comply. All violations observed on October
27, 2015 still present. No building permits obtained. Substandard structure occupied. See photo dated January
21, 2016 in Exhibit A.
March 11, 2016: Site visit found violations still present with minimal progress towards compliance. No building
permits obtained. Substandard structure occupied. See photos dated March 11, 2016 in Exhibit A.
March 28, 2016: Posted and served the Notice of Intent to Record a Notice of Pending Nuisance Abatement.
May 17, 2016: Follow up site visit. Violations still present. No permits. Substandard structure occupied. See
photo dated May 17, 2016 in Exhibit A.
June 1, 2016: Notice of Pending Nuisance Abatement Proceeding (recorded) posted and served. See photo
dated June 1, 2016 in Exhibit A.
August 31, 2016: Some progress observed towards cleaning the site, but still no building permits or certificate of
occupancy. Substandard structure occupied. See photo dated August 31, 2016 in Exhibit A.
October 19, 2016: Violations still present. No certificate of occupancy. Substandard structure occupied. See
photo dated October 19, 2016 in Exhibit A.
December 5, 2016: Posted and served Notice of Violation.
December 19, 2017 Contra Costa County Board of Supervisors Minutes 31
November 30, 2017
April 13, 2017: Site visit following complaint received. Continuing violation observed on the site.
August 29, 2017: Site inspection showed no progress. Previous violations still observed on site. No active
permits issued. Prepared Notice and Order to Abate.
September 1, 2017: Site visit confirmed with neighbors that structure is occupied. Structure has no power and
expired permits. Unfit for occupancy. Notice and Order to Abate posted and served.
October 24, 2017: No permits obtained. Substandard structure still occupied. Excessive debris on site
representing residential property nuisance. See photos dated October 24, 2017 in Exhibit A.
Attached: Exhibit A – photos
December 19, 2017 Contra Costa County Board of Supervisors Minutes 32
October 27, 2015
Exhibit A -PhotosPhotos
December 19, 2017 Contra Costa County Board of Supervisors Minutes 33
January 21, 2016
Exhibit A -Photos
January 21, 2016
Photos
December 19, 2017 Contra Costa County Board of Supervisors Minutes 34
March 11, 2016
Exhibit A -PhotosPhotos
December 19, 2017 Contra Costa County Board of Supervisors Minutes 35
May 17, 2016
Exhibit A -Photos
May 17, 2016
Photos
December 19, 2017 Contra Costa County Board of Supervisors Minutes 36
June 1, 2016
Exhibit A -Photos
June 1, 2016
Photos
December 19, 2017 Contra Costa County Board of Supervisors Minutes 37
August 31, 2016
Exhibit A -Photos
August 31, 2016
Photos
December 19, 2017 Contra Costa County Board of Supervisors Minutes 38
October 19, 2016
Exhibit A -Photos
October 19, 2016
Photos
December 19, 2017 Contra Costa County Board of Supervisors Minutes 39
October 24, 2017
Exhibit A -Photos
October 24, 2017
Photos
December 19, 2017 Contra Costa County Board of Supervisors Minutes 40
Exhibit A -Photos
December 5, 2017
Photos
December 5, 2017
December 19, 2017 Contra Costa County Board of Supervisors Minutes 41
RECOMMENDATION(S):
DIRECT the Department of Conservation and Development to prepare an ordinance amending the County Building
Code to require the installation of solar photovoltaic systems for new residential construction, as recommended by
the Ad Hoc Committee on Sustainability.
FISCAL IMPACT:
There is a nominal cost related to drafting the ordinance. The requirements of such an ordinance would have upfront
cost and potentially longer term savings implications for new home buyers.
BACKGROUND:
At its meeting on November 13, 2017 the Ad Hoc Committee on Sustainability received a report from staff in the
Department of Conservation and Development (DCD) concerning the Model Solar Ordinance Toolkit recently
released by the Bay Area Regional Collaborative (BARC), Bay Area Air Quality Management District (BAAQMD),
and Bay Area Regional Energy Network (BayREN). The intent of the Model Solar Ordinance Toolkit is to facilitate
the adoption of local ordinances requiring the installation of solar energy systems for new residential construction.
The State of California has established a goal to include requirements in the 2019 California Building Code (CBC)
for new residential construction to
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 12/19/2017 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
Contact: Jason Crapo,
925-674-7722
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board
of Supervisors on the date shown.
ATTESTED: December 19, 2017
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: , Deputy
cc:
D.4
To:Board of Supervisors
From:John Kopchik, Director, Conservation & Development Department
Date:December 19, 2017
Contra
Costa
County
Subject:Ordinance to Require Solar Energy Systems for New Residential Construction
December 19, 2017 Contra Costa County Board of Supervisors Minutes 42
BACKGROUND: (CONT'D)
achieve the standard of Zero Net Energy (ZNE), which refers to the concept that a building generates as much energy
as it consumes over the course of a year.
The California Energy Commission (CEC) is the State agency responsible for developing the building code standards
for ZNE. The CEC developed the Model Solar Ordinance advocated by the regional agencies as an incremental step
to prepare local jurisdictions for the implementation of ZNE. Installation of rooftop solar, or an acceptable
alternative, is expected to be a component of ZNE requirements in the 2019 CBC. The adoption of a local ordinance
amending the California Building Code to require the installation of solar photovoltaic systems on new residential
construction would further the goals of the County's Climate Action Plan and would represent an incremental step
towards the achieving ZNE standards that are anticipated to be included in the 2019 California Building Code.
Adoption of a local ordinance requiring the installation of solar energy systems for new residential construction will
result in additional costs associated with the construction of new housing. The requirements of such an ordinance
would be expected to add several thousands of dollars to the up-front cost of each housing unit and may require
design changes to some proposed housing projects so that solar energy systems can be incorporated into the design.
The California Public Utilities Commission funded a cost effectiveness study that found the initial cost of installing a
solar photovoltaic system for new residential construction is offset by cost savings associated with reduced energy
consumption over the life of the building.
To more fully understand the impacts of the proposed model solar ordinance on residential construction, staff will
solicit comments on the model solar ordinance from the Building Industry Association and include any comments
provided in the staff report accompanying the introduction of the proposed local ordinance.
CONSEQUENCE OF NEGATIVE ACTION:
If the Board does not approve this action, DCD will not prepare and introduce the proposed ordinance.
CLERK'S ADDENDUM
Speaker: Lisa Vorderbruggen, Building Industry Association. Following consideration the Board chose to defer action on
preparation of an ordinance until the State of California has taken action.
NO ACTION TAKEN.
December 19, 2017 Contra Costa County Board of Supervisors Minutes 43
RECOMMENDATION(S):
1. OPEN the public hearing and receive testimony on the General Plan Land Use Element Map Update.
2. CLOSE the public hearing.
3. FIND that the project is exempt from the California Environmental Quality Act (CEQA), pursuant to CEQA
Guidelines Section 15061(b)(3), because it can be seen with certainty that there is no possibility that the project may
have a significant effect on the environment.
4. ADOPT Board Resolution No. 2017/432, amending the General Plan (County File #GP17-0005) to redesignate
certain publicly-owned parcels to Airport Commercial, Public and Semi-Public, Parks and Recreation, Open Space,
Watershed, and Water land use designations.
5. DIRECT the Department of Conservation and Development Director or his designee to file a Notice of Exemption
with the County Clerk.
FISCAL IMPACT:
No impact to the General Fund. Costs incurred processing the proposed GPA are covered by DCD's regular operating
budget (100% Land Development Funds).
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 12/19/2017 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: Will Nelson (925)
674-7791
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on
the date shown.
ATTESTED: December 19, 2017
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc:
D.5
To:Board of Supervisors
From:John Kopchik, Director, Conservation & Development Department
Date:December 19, 2017
Contra
Costa
County
Subject:General Plan Amendment - Land Use Element Map Update
December 19, 2017 Contra Costa County Board of Supervisors Minutes 44
BACKGROUND:
California Government Code Section 65302(a) sets forth the requirement for each general plan to contain a land
use element that designates the general distribution and location of the various land uses (housing, industry, open
space, agriculture, public use, etc.) within a jurisdiction’s planning area. The County General Plan Land Use
Element (LUE) Map satisfies this requirement.
Over the last 10 years many thousands of acres throughout the county have been acquired by public agencies, but
these acquisitions are not reflected on the current LUE Map. The proposed GPA involves changing the land use
designations for these parcels to reflect their public ownership and use. This GPA also includes changes to the
land use designations for numerous parcels throughout the county that already contain public infrastructure. The
proposed revisions involve 284 parcels containing approximately 19,893 acres, and are shown in the series of
maps in Attachment 1.
New Public Agency Land Acquisitions
While numerous public agencies acquired land throughout the county over the last decade, acquisitions by the
East Bay Regional Park District (EBRPD), East Bay Municipal Utility District (EBMUD), Contra Costa Water
District (CCWD), and Transmission Agency of Northern California (TANC) account for 18,516 (93.1%) of the
acres involved in this GPA. These lands were purchased for use as regional parkland, habitat preservation,
watershed protection, and mitigation for environmental impacts associated with other projects. Nearly all of this
acreage is currently designated Agricultural Lands (AL) and would be redesignated to either Parks and Recreation
(PR), Watershed (WS), or Open Space (OS).
Many small land acquisitions were made by various agencies for a variety of purposes including construction of
fire stations, schools, parks, community centers, and flood control infrastructure. The land use designations for
these parcels would be changed to Public and Semi-Public (PS), PR, or OS depending on the use.
Existing Public Agency Land Uses
While reviewing the LUE Map, staff noticed numerous instances where a parcel’s land use designation does not
match the actual public use already established on the site. Examples include, but are not limited to, parcels
containing schools, post offices, fire stations, neighborhood parks, and utility infrastructure. Specific examples
include the Byron Sanitary District's treatment facility, which is located on land designated AL, and John Swett
High School in Crockett, where the wood/metal shop building is partially located on land designated Multiple-Family Residential – Low Density
Multiple-Family Residential – Low Density. Staff proposes changing the land use designations for these properties
to PS, PR, or OS as appropriate, given the established uses. The only exception is at Buchanan Field Airport,
where staff proposes slight modifications to the boundary of the exiting Airport Commercial (ACO) designation to
reflect the true location of the Crowne Plaza (formerly Sheraton) Hotel that has long existed on the airport
property. This change would not impact the airport or surrounding properties.
Waterways
Staff also proposes changing the land use designations for several segments of various creeks and drainages to
OS. Creeks and drainages currently tend to be designated PS; however, this designation suggests the presence of
significant public infrastructure or active use by a public agency. Changing the designations of these waterways to
OS will better reflect their natural or semi-natural state and further improve the accuracy of the LUE Map.
Growth Management Program Review Process for General Plan Amendments
The Growth Management Program (GMP) was approved by Contra Costa County voters through adoption of
Measure C-1988 and Measure J-2004. The GMP is designed to help the County, cities, and Contra Costa
Transportation Authority plan for and accommodate the continued increases in population and jobs that are
expected to occur through the year 2035. Incorporated into the GMP is a 16-step process for reviewing proposed
December 19, 2017 Contra Costa County Board of Supervisors Minutes 45
GPAs. Step 1 requires a determination as to whether a proposed GPA would generate 500 or more net new peak
hour vehicle trips and add 50 or more net new vehicle trips to any Route of Regional Significance. GPAs that do
not generate the specified number of vehicle trips are exempt from the GMP review process.
The proposed GPA involves updating the LUE Map to reflect current conditions. As indicated above,
approximately 93% of the acreage involved in this GPA would be redesignated from AL to either PR, OS, or WS.
While all of these land use designations are classified as non-urban, the PR, OS, and WS designations are less
intensive than AL in terms of allowed density and use. The proposed GPA also includes numerous parcels whose
urban land use designations (e.g., Single-Family Residential, Commercial, Heavy Industry) would be changed to
the less-intensive PR, PS, and OS designations. As the proposed GPA reduces overall land use intensity and
would not increase trip generation, it is exempt from the GMP review process.
County Planning Commission Hearing
The County Planning Commission considered the proposed GPA at a hearing on November 8, 2017. No public
testimony was given and no written comments were received. The Commission voted 7-0 to recommend that the
Board of Supervisors find the project exempt from the requirements of CEQA and adopt the proposed GPA.
CONSEQUENCE OF NEGATIVE ACTION:
If the Board does not adopt the proposed GPA, then existing and planned uses for approximately 19,893 acres
throughout the county will continue to be reflected inaccurately on the LUE Map.
CLERK'S ADDENDUM
CLOSED the public hearing; FOUND that the project is exempt from the California Environmental Quality Act (CEQA),
pursuant to CEQA Guidelines Section 15061(b)(3); ADOPTED Board Resolution No. 2017/432, amending the General Plan
(County File #GP17-0005) to redesignate certain publicly-owned parcels to Airport Commercial, Public and Semi-Public,
Parks and Recreation, Open Space, Watershed, and Water land use designations; and DIRECTED the Department of
Conservation and Development Director or his designee to file a Notice of Exemption with the County Clerk.
AGENDA ATTACHMENTS
Resolution No. 2017/432
Attachment 1 - General Plan Amendment No. GP17-0005
Attachment 2 - Notification Materials
MINUTES ATTACHMENTS
Signed Resolution No. 2017/432
December 19, 2017 Contra Costa County Board of Supervisors Minutes 46
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
and for Special Districts, Agencies and Authorities Governed by the Board
Adopted this Resolution on 12/19/2017 by the following vote:
AYE:
John Gioia
Candace Andersen
Diane Burgis
Karen Mitchoff
Federal D. Glover
NO:
ABSENT:
ABSTAIN:
RECUSE:
Resolution No. 2017/432
IN THE MATTER OF approving a General Plan Amendment for the General Plan Land Use Element Map Update.
WHEREAS, on Tuesday, December 19, 2017, the Board of Supervisors held a public hearing to consider amending the Contra
Costa County General Plan to more accurately depict on the Land Use Element Map land ownership and use by public agencies
(County File No. GP17-0005).
WHEREAS, the proposed General Plan Amendment is part of the third consolidated General Plan Amendment for calendar year
2017.
NOW, THEREFORE, the Contra Costa County Board of Supervisors resolves as follows:
1. The Board finds that adoption of General Plan Amendment GP17-0005 is in the public interest, pursuant to California
Government Code Section 65358(a), as it would substantially improve the accuracy of the General Plan Land Use Element Map.
2. The Board finds that General Plan Amendment GP17-0005 is consistent with the goals and policies contained in the General
Plan, allowing the General Plan to remain internally consistent, and complies with the requirements of the Growth Management
Program administered by the Contra Costa Transportation Authority.
3. The Board hereby adopts General Plan Amendment GP17-0005, amending the Contra Costa County General Plan to
redesignate certain publicly-owned parcels to Airport Commercial, Public and Semi-Public, Parks and Recreation, Open Space,
Watershed, and Water land use designations, as shown on Attachment 1 to the December 19, 2017, Board Order authorizing
approval of this General Plan Amendment.
Contact: Will Nelson (925) 674-7791
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown.
ATTESTED: December 19, 2017
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc:
5
December 19, 2017 Contra Costa County Board of Supervisors Minutes 47
December 19, 2017 Contra Costa County Board of Supervisors Minutes 48
ATTACHMENT 1
GENERAL PLAN AMENDMENT NO. GP17-0005
REVISIONS TO THE GENERAL PLAN LAND USE ELEMENT MAP
December 19, 2017 Contra Costa County Board of Supervisors Minutes 49
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HERCULES
PINOLE
RICHMOND
MARTINEZ
CONCORDPLEASANTHILL
WALNUTCREEKLAFAYETTE
CLAYTON
ANTIOCH
OAKLEY
BRENTWOOD
SANRAMON
DANVILLE
ORINDA
MORAGA
EL
SAN PABLO
ElSobrante
Rodeo
Crockett
Alamo
Knightsen
DiscoveryBay
Byron
BayPoint
Pacheco
Blackhawk
Diablo
PITTSBURG
Canyon
PortCosta
RICHMOND
Clyde
NorthRichmond
Saranap
ContraCostaCentre
MtView
VineHill
TaraHills
MontalvinManor
Bayview
EastRichmond Heights
North Gate
Reliez Valley
Alham-braValley
Rollingwood
ShellRidge
AcalanesRidge
CastleHill
CaminoTassajara
NorrisCanyon
Briones
DoughertyValley
Island
BENICIA
VALLEJO
ALBANY
BERKELEY
OAKLAND
EMERYVILLE
PIEDMONT
SANFRANCISCO
DUBLIN LIVERMORECastroValley
CERRITO
Carq.Strait R.S.
SanPabloBay
SanFranciscoBay
SuisunBay
San Pablo Reservoir BrionesReservoir
Los Vaqueros Reservoir
CliftonCourtForebay
FranksTractSacramento RiverHonkerBay
San Leandro Reservoir
Carquinez
Strait RiverJoaquinSan
Old RiverBigBreak
LafayetteReservoir
AlamedaCounty
SolonoCounty
SacramentoCounty
SanJoaquinCounty
MountDiablo StatePark
BrionesRegionalPark Wildcat Canyon Regional Park
Tilden Regional Park
Keller
Black DiamondMinesRegional Preserve
BrownsIsland
DiabloFoothillsRegionalPark
Las TrampasRegionalWilderness
BishopRanch
Morgan TerritoryRegional Park
Round ValleyRegional Preserve
Marsh CreekState Park
VascoCavesRegionalPark
Byron
JerseyIsland
Redwood Regional Park
CrockettHillsRegionalPreserve
Sibley Volcanic Park
MilitaryOceanTerminalConcord
BuchananField
BradfordIsland
WebbTract
HollandTract
VealeTract
PalmTract
OrwoodTract
ByronTract
ConeyIsland
CampParks
QuimbyIsland
Airport
Canyon
Landfill
ChevronRefinery
PortofRichmond
Contra LomaRegional Park
WinterIsland
CalStateEastBay
LimeRidgeOpenSpace
Shell RidgeOpen Space
St.Mary'sCollege
Shell TesoroGolden Eagle Refinery
Phillips 66Refinery
CaldecottTunnel
Former Concord Naval Weapons Station
San Miguel
Refinery
AgriculturalCore
Vasco
Alamo
Briones
Moraga
Martinez
Knightsen
Clayton
Kirker Pass
San Ramon
Los Vaqueros
Deer Valley
Blackhawk
Morgan Territory
Bethel Island
Bollinger Canyon
Bay Point
Walnut Creek
Rodeo - Crockett
Richmond - El Sobrante
Byron - Discovery Bay
Tassajara Valley
Winter Island
Kensington
Map Created on October 3rd, 2017Contra Costa County Department of Conservation & Development30 Muir Road, Martinez, CA 9455337:59:41.791N 122:07:03.756W
This map or dataset was created by the Contra Costa County Department of Conservationand Development with data from the Contra Costa County GIS Program.The General Plan Land Use Map categories are valid in Unincorporated Contra Costa County only. Please contact the individual cities for their General Plan Land Uses. This map contains copyrighted information and may not be altered. It may be reproduced in its current state if the source is cited. Users of this map agree to read and accept the County of Contra Costa disclaimer of liability for geographic information.0 10 205
Miles Incorporated AreasANTIOCHUnincorporated AreasAlamo
IndexContra Costa County General Plan Land Use Element (GP#17-0005)
General Plan Amendment Designation
to: WS(Watershed)
to: WA(Water)
to: OS(Open Space)
to: PR(Parks and Recreation)
to: PS(Public/Semi-Public)
to: ACO(Airport Commercial)
6 E
S
W
N
Current General Plan Designations for Land Within Contra Costa County
SL (Single Family Residential - Low)
SM (Single Family Residential - Medium)
SH (Single Family Residential - High)
ML (Multiple Family Residential - Low)
MV (Multiple Family Residential - Very High)
MS (Multiple Family Residential - Very High Special)
CC (Congregate Care/Senior Housing)
MO (Mobile Home)
CO (Commercial)
OF (Office)
BP (Business Park)
HI (Heavy Industry)
CR (Commercial Recreation)
ACO (Airport Commercial)
LF (Landfill)
PS (Public/Semi-Public)
PR (Parks and Recreation)
OS (Open Space)
AL (Agricultural Lands)
AC (Agricultural Core)
DR (Delta Recreation)
WA (Water)
MH (Multiple Family Residential - High)
MM (Multiple Family Residential - Medium)
M-4 (Willow Pass Road Mixed Use)
M-5 (Willow Pass Road Commercial Mixed Use)
M-6 (Bay Point Residential Mixed Use)SV (Single Family Residential - Very Low)
AL, OIBA
M-1 (Parker Avenue Mixed Use)
M-2 (Downtown/Waterfront Rodeo Mixed Use)
M-3 (Pleasant Hill BART Mixed Use)
M-8 (Dougherty Valley Village Center Mixed Use)
M-9 (Montalvin Manor Mixed Use)
M-10 (Willow Pass Business Park Mixed Use)
M-11 (Appian Way Mixed Use)
M-12 (Triangle Area Mixed Use)
M-13 (San Pablo Dam Road Mixed Use)
M-15 (Saranap Village Mixed Use)
M-14 (Heritage Point Mixed Use)
(Agricultural Lands & Off Island Bonus Area)
WS (Watershed)
LI (Light Industry)
Incorporated Cities County Boundary
December 19, 2017 Contra Costa County Board of Supervisors Minutes 50
Kensington
Moeser LnAr
l
ing
ton
AveSan P
ab
lo
Av
e
C
a
r
l
s
o
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B
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EL CERRITO
RICHMOND RICHMOND
Kensington
ALBANY
SH PR
OS
WS
PS
CO
PS
PS
CO
BERKELEY
Kensington CSDFire Stationfrom SH to PS
EBMUDfrom SH to PS
AlamedaCounty
Contra Costa County General Plan Land Use Element (GP#17-0005)
General Plan Amendment Designation
to: WS(Watershed)
to: WA(Water)
to: OS(Open Space)
to: PR(Parks and Recreation)
to: PS(Public/Semi-Public)
to: ACO(Airport Commercial)
6 E
S
W
N
Current General Plan Designations for Land Within Contra Costa County
SL (Single Family Residential - Low)
SM (Single Family Residential - Medium)
SH (Single Family Residential - High)
ML (Multiple Family Residential - Low)
MV (Multiple Family Residential - Very High)
MS (Multiple Family Residential - Very High Special)
CC (Congregate Care/Senior Housing)
MO (Mobile Home)
CO (Commercial)
OF (Office)
BP (Business Park)
HI (Heavy Industry)
CR (Commercial Recreation)
ACO (Airport Commercial)
LF (Landfill)
PS (Public/Semi-Public)
PR (Parks and Recreation)
OS (Open Space)
AL (Agricultural Lands)
AC (Agricultural Core)
DR (Delta Recreation)
WA (Water)
MH (Multiple Family Residential - High)
MM (Multiple Family Residential - Medium)
M-4 (Willow Pass Road Mixed Use)
M-5 (Willow Pass Road Commercial Mixed Use)
M-6 (Bay Point Residential Mixed Use)SV (Single Family Residential - Very Low)
AL, OIBA
M-1 (Parker Avenue Mixed Use)
M-2 (Downtown/Waterfront Rodeo Mixed Use)
M-3 (Pleasant Hill BART Mixed Use)
M-8 (Dougherty Valley Village Center Mixed Use)
M-9 (Montalvin Manor Mixed Use)
M-10 (Willow Pass Business Park Mixed Use)
M-11 (Appian Way Mixed Use)
M-12 (Triangle Area Mixed Use)
M-13 (San Pablo Dam Road Mixed Use)
M-15 (Saranap Village Mixed Use)
M-14 (Heritage Point Mixed Use)
(Agricultural Lands & Off Island Bonus Area)
WS (Watershed)
LI (Light Industry)
Incorporated Cities County Boundary
Map Created on October 3rd, 2017Contra Costa County Department of Conservation & Development30 Muir Road, Martinez, CA 9455337:59:41.791N 122:07:03.756W
This map or dataset was created by the Contra Costa County Department of Conservationand Development with data from the Contra Costa County GIS Program.The General Plan Land Use Map categories are valid in Unincorporated Contra Costa County only. Please contact the individual cities for their General Plan Land Uses. This map contains copyrighted information and may not be altered. It may be reproduced in its current state if the source is cited. Users of this map agree to read and accept the County of Contra Costa disclaimer of liability for geographic information.0 0.75 1.50.375
Miles Incorporated AreasANTIOCHUnincorporated AreasAlamoDecember 19, 2017 Contra Costa County Board of Supervisors Minutes 51
Richmond - El Sobrante
RICHMOND
RICHMOND
RICHMOND
SANPABLO
PINOLE
ElSobrante
NorthRichmond
TaraHills
El Sobrante
EastRichmondHeights
Rollingwood
ElSobrante
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P
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b
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A
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Castro StEl Portal Dr Appian WayValley Vi
ew RdSan Pablo Dam R
d Fitzgerald DrPinole Valley RdGarrard Blvd22nd StSan Pablo AveA
p
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n
W
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§¨¦8080
San PabloBay
State Land Commissionfrom PR to OS
USPS Post Officefrom ML to PS
EBMUDfrom OS to PS
EBMUDfrom SL to PS
EBRPDfrom PS to PR
SH
SM
MM ML
MH
M-13
M-12
M-11
SL
OS
PR
WA LI
PS
HI
CO
OF
SH
SH
SH
SH
SH
SH
SH
OS
OS
SL
SH
Contra Costa County General Plan Land Use Element (GP#17-0005)
General Plan Amendment Designation
to: WS(Watershed)
to: WA(Water)
to: OS(Open Space)
to: PR(Parks and Recreation)
to: PS(Public/Semi-Public)
to: ACO(Airport Commercial)
6 E
S
W
N
Current General Plan Designations for Land Within Contra Costa County
SL (Single Family Residential - Low)
SM (Single Family Residential - Medium)
SH (Single Family Residential - High)
ML (Multiple Family Residential - Low)
MV (Multiple Family Residential - Very High)
MS (Multiple Family Residential - Very High Special)
CC (Congregate Care/Senior Housing)
MO (Mobile Home)
CO (Commercial)
OF (Office)
BP (Business Park)
HI (Heavy Industry)
CR (Commercial Recreation)
ACO (Airport Commercial)
LF (Landfill)
PS (Public/Semi-Public)
PR (Parks and Recreation)
OS (Open Space)
AL (Agricultural Lands)
AC (Agricultural Core)
DR (Delta Recreation)
WA (Water)
MH (Multiple Family Residential - High)
MM (Multiple Family Residential - Medium)
M-4 (Willow Pass Road Mixed Use)
M-5 (Willow Pass Road Commercial Mixed Use)
M-6 (Bay Point Residential Mixed Use)SV (Single Family Residential - Very Low)
AL, OIBA
M-1 (Parker Avenue Mixed Use)
M-2 (Downtown/Waterfront Rodeo Mixed Use)
M-3 (Pleasant Hill BART Mixed Use)
M-8 (Dougherty Valley Village Center Mixed Use)
M-9 (Montalvin Manor Mixed Use)
M-10 (Willow Pass Business Park Mixed Use)
M-11 (Appian Way Mixed Use)
M-12 (Triangle Area Mixed Use)
M-13 (San Pablo Dam Road Mixed Use)
M-15 (Saranap Village Mixed Use)
M-14 (Heritage Point Mixed Use)
(Agricultural Lands & Off Island Bonus Area)
WS (Watershed)
LI (Light Industry)
Incorporated Cities County Boundary
Map Created on October 3rd, 2017Contra Costa County Department of Conservation & Development30 Muir Road, Martinez, CA 9455337:59:41.791N 122:07:03.756W
This map or dataset was created by the Contra Costa County Department of Conservationand Development with data from the Contra Costa County GIS Program.The General Plan Land Use Map categories are valid in Unincorporated Contra Costa County only. Please contact the individual cities for their General Plan Land Uses. This map contains copyrighted information and may not be altered. It may be reproduced in its current state if the source is cited. Users of this map agree to read and accept the County of Contra Costa disclaimer of liability for geographic information.0 1 20.5
Miles Incorporated AreasANTIOCHUnincorporated AreasAlamoDecember 19, 2017 Contra Costa County Board of Supervisors Minutes 52
Rodeo - Crockett
HERCULES
Rodeo
Crockett
PortCosta
BENICIACarquin
e
z
S
t
r
a
i
t
San PabloBay
§¨¦8080
ÄÅ44 San Pablo AveCu
m
m
i
n
g
s
S
k
w
y
Wi
l
l
o
w
A
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Cr
o
c
k
e
t
t
B
l
v
d
Parker AvePomona St
San Pablo Ave§¨¦8080
ÄÅ44
Mc
E
w
e
n
R
d
CO
SH
SH
CR
ML MH
MM
M-2
M-1
AL
SL
PR
OS
WA
PS
LI
HI
BP
CO
OF
HI
CR
PS
PS
PS
OS
OS
OS
OS
AL AL
AL
AL
HI
HI
CO
CO
ML
LI CR
LI
PS
PR
PR
SH
WA
PR
PS PS SHSH
SH
SH
SH
ALPS
Flood Controlfrom PS to OS
Flood Controlfrom PS to OS
Cal Transfrom CR to OS
CCWDfrom AL to PS
John Swett School Distfrom ML to PS
USPS Post Officefrom CO to PS
Rodeo HerculesFire Stationfrom SH to PS
Cal Transfrom ML to PS
Rodeo Sanitary Distfrom M-2 to PS
EBRPDfrom AL to PR
EBRPDfrom AL to PR
EBRPDfrom HI to PR
EBRPDfrom AL to PR
State LandCommissionfrom HI to PR
State LandCommissionfrom OS to PR
Cal Transfrom SH to PR
Cal Transfrom CR to PR
SolanoCounty
Contra Costa County General Plan Land Use Element (GP#17-0005)
General Plan Amendment Designation
to: WS(Watershed)
to: WA(Water)
to: OS(Open Space)
to: PR(Parks and Recreation)
to: PS(Public/Semi-Public)
to: ACO(Airport Commercial)
6 E
S
W
N
Current General Plan Designations for Land Within Contra Costa County
SL (Single Family Residential - Low)
SM (Single Family Residential - Medium)
SH (Single Family Residential - High)
ML (Multiple Family Residential - Low)
MV (Multiple Family Residential - Very High)
MS (Multiple Family Residential - Very High Special)
CC (Congregate Care/Senior Housing)
MO (Mobile Home)
CO (Commercial)
OF (Office)
BP (Business Park)
HI (Heavy Industry)
CR (Commercial Recreation)
ACO (Airport Commercial)
LF (Landfill)
PS (Public/Semi-Public)
PR (Parks and Recreation)
OS (Open Space)
AL (Agricultural Lands)
AC (Agricultural Core)
DR (Delta Recreation)
WA (Water)
MH (Multiple Family Residential - High)
MM (Multiple Family Residential - Medium)
M-4 (Willow Pass Road Mixed Use)
M-5 (Willow Pass Road Commercial Mixed Use)
M-6 (Bay Point Residential Mixed Use)SV (Single Family Residential - Very Low)
AL, OIBA
M-1 (Parker Avenue Mixed Use)
M-2 (Downtown/Waterfront Rodeo Mixed Use)
M-3 (Pleasant Hill BART Mixed Use)
M-8 (Dougherty Valley Village Center Mixed Use)
M-9 (Montalvin Manor Mixed Use)
M-10 (Willow Pass Business Park Mixed Use)
M-11 (Appian Way Mixed Use)
M-12 (Triangle Area Mixed Use)
M-13 (San Pablo Dam Road Mixed Use)
M-15 (Saranap Village Mixed Use)
M-14 (Heritage Point Mixed Use)
(Agricultural Lands & Off Island Bonus Area)
WS (Watershed)
LI (Light Industry)
Incorporated Cities County Boundary
Map Created on October 3rd, 2017Contra Costa County Department of Conservation & Development30 Muir Road, Martinez, CA 9455337:59:41.791N 122:07:03.756W
This map or dataset was created by the Contra Costa County Department of Conservationand Development with data from the Contra Costa County GIS Program.The General Plan Land Use Map categories are valid in Unincorporated Contra Costa County only. Please contact the individual cities for their General Plan Land Uses. This map contains copyrighted information and may not be altered. It may be reproduced in its current state if the source is cited. Users of this map agree to read and accept the County of Contra Costa disclaimer of liability for geographic information.0 1 20.5
Miles Incorporated AreasANTIOCHUnincorporated AreasAlamoDecember 19, 2017 Contra Costa County Board of Supervisors Minutes 53
Briones
PINOLE
RICHMOND
HERCULES
MARTINEZ
AlhambraValley
Briones
City of Martinezfrom AL to PS
EBRPDfrom AL to PR
EBRPDfrom AL to PR
ÄÅ44
Alhambra Valley Rd
Bear Creek RdCastro Ranc
h
R
d
Pinole Valle
y
R
d
SH
AL
SV
SL
PR
OS
WS
WA
PS
OS
PR
SV
San PabloReservoir
Contra Costa County General Plan Land Use Element (GP#17-0005)
General Plan Amendment Designation
to: WS(Watershed)
to: WA(Water)
to: OS(Open Space)
to: PR(Parks and Recreation)
to: PS(Public/Semi-Public)
to: ACO(Airport Commercial)
6 E
S
W
N
Current General Plan Designations for Land Within Contra Costa County
SL (Single Family Residential - Low)
SM (Single Family Residential - Medium)
SH (Single Family Residential - High)
ML (Multiple Family Residential - Low)
MV (Multiple Family Residential - Very High)
MS (Multiple Family Residential - Very High Special)
CC (Congregate Care/Senior Housing)
MO (Mobile Home)
CO (Commercial)
OF (Office)
BP (Business Park)
HI (Heavy Industry)
CR (Commercial Recreation)
ACO (Airport Commercial)
LF (Landfill)
PS (Public/Semi-Public)
PR (Parks and Recreation)
OS (Open Space)
AL (Agricultural Lands)
AC (Agricultural Core)
DR (Delta Recreation)
WA (Water)
MH (Multiple Family Residential - High)
MM (Multiple Family Residential - Medium)
M-4 (Willow Pass Road Mixed Use)
M-5 (Willow Pass Road Commercial Mixed Use)
M-6 (Bay Point Residential Mixed Use)SV (Single Family Residential - Very Low)
AL, OIBA
M-1 (Parker Avenue Mixed Use)
M-2 (Downtown/Waterfront Rodeo Mixed Use)
M-3 (Pleasant Hill BART Mixed Use)
M-8 (Dougherty Valley Village Center Mixed Use)
M-9 (Montalvin Manor Mixed Use)
M-10 (Willow Pass Business Park Mixed Use)
M-11 (Appian Way Mixed Use)
M-12 (Triangle Area Mixed Use)
M-13 (San Pablo Dam Road Mixed Use)
M-15 (Saranap Village Mixed Use)
M-14 (Heritage Point Mixed Use)
(Agricultural Lands & Off Island Bonus Area)
WS (Watershed)
LI (Light Industry)
Incorporated Cities County Boundary
Map Created on October 3rd, 2017Contra Costa County Department of Conservation & Development30 Muir Road, Martinez, CA 9455337:59:41.791N 122:07:03.756W
This map or dataset was created by the Contra Costa County Department of Conservationand Development with data from the Contra Costa County GIS Program.The General Plan Land Use Map categories are valid in Unincorporated Contra Costa County only. Please contact the individual cities for their General Plan Land Uses. This map contains copyrighted information and may not be altered. It may be reproduced in its current state if the source is cited. Users of this map agree to read and accept the County of Contra Costa disclaimer of liability for geographic information.0 1 20.5
Miles Incorporated AreasANTIOCHUnincorporated AreasAlamoDecember 19, 2017 Contra Costa County Board of Supervisors Minutes 54
Martinez
County - Hotelfrom PR to ACO
County - Hotelfrom PS to ACO
Flood Controlfrom HI to OS
Flood Controlfrom PS to OS
Flood Controlfrom PS to OS Flood Controlfrom PS to OS
Flood Controlfrom PS to OS
Flood Controlfrom PS to OS
County - Airportfrom PR to PS
CCWDfrom HI to PS
Cal Transfrom CO to PS
Contra Costa Fire Distfrom MM to PS
County - Pacheco Comm Centerfrom LI to PS
Martinez School Distfrom LI to PS
CountyHomeless Shelterfrom CO to PS
County - Golf Coursefrom PS to PR
County - Airportfrom ACO to PS
County - Pacheco Comm Centerfrom CO to PS
§¨¦680
ÄÅ242
ÄÅ44
Pache
c
o
B
l
v
d
Concord AveWillow Pass
R
d
Al
h
a
m
b
r
a
A
v
e
Marina Vista Av
e
ÄÅ44
§¨¦680 PRCont
ra
Cos
ta
B
lvd
PS
MallardReservoir
SH
MO
SM
ACO
ML
MM
MH
AL
SL
PR
OS
PS
WA
LI
HI
CO
OF
BP
OS
OS
OS
CO
CO
CO
SH
SH
SH
SH
SH
LI
LI
PS
PS
PSHI
HI
LI
LILILI
AL
SH
LICO
SH
LI
MARTINEZ
CONCORD
PLEASANTHILL
Pacheco
VineHill
Clyde
MountainView
AlhambraValley
Contra Costa County General Plan Land Use Element (GP#17-0005)
General Plan Amendment Designation
to: WS(Watershed)
to: WA(Water)
to: OS(Open Space)
to: PR(Parks and Recreation)
to: PS(Public/Semi-Public)
to: ACO(Airport Commercial)
6 E
S
W
N
Current General Plan Designations for Land Within Contra Costa County
SL (Single Family Residential - Low)
SM (Single Family Residential - Medium)
SH (Single Family Residential - High)
ML (Multiple Family Residential - Low)
MV (Multiple Family Residential - Very High)
MS (Multiple Family Residential - Very High Special)
CC (Congregate Care/Senior Housing)
MO (Mobile Home)
CO (Commercial)
OF (Office)
BP (Business Park)
HI (Heavy Industry)
CR (Commercial Recreation)
ACO (Airport Commercial)
LF (Landfill)
PS (Public/Semi-Public)
PR (Parks and Recreation)
OS (Open Space)
AL (Agricultural Lands)
AC (Agricultural Core)
DR (Delta Recreation)
WA (Water)
MH (Multiple Family Residential - High)
MM (Multiple Family Residential - Medium)
M-4 (Willow Pass Road Mixed Use)
M-5 (Willow Pass Road Commercial Mixed Use)
M-6 (Bay Point Residential Mixed Use)SV (Single Family Residential - Very Low)
AL, OIBA
M-1 (Parker Avenue Mixed Use)
M-2 (Downtown/Waterfront Rodeo Mixed Use)
M-3 (Pleasant Hill BART Mixed Use)
M-8 (Dougherty Valley Village Center Mixed Use)
M-9 (Montalvin Manor Mixed Use)
M-10 (Willow Pass Business Park Mixed Use)
M-11 (Appian Way Mixed Use)
M-12 (Triangle Area Mixed Use)
M-13 (San Pablo Dam Road Mixed Use)
M-15 (Saranap Village Mixed Use)
M-14 (Heritage Point Mixed Use)
(Agricultural Lands & Off Island Bonus Area)
WS (Watershed)
LI (Light Industry)
Incorporated Cities County Boundary
Map Created on October 3rd, 2017Contra Costa County Department of Conservation & Development30 Muir Road, Martinez, CA 9455337:59:41.791N 122:07:03.756W
This map or dataset was created by the Contra Costa County Department of Conservationand Development with data from the Contra Costa County GIS Program.The General Plan Land Use Map categories are valid in Unincorporated Contra Costa County only. Please contact the individual cities for their General Plan Land Uses. This map contains copyrighted information and may not be altered. It may be reproduced in its current state if the source is cited. Users of this map agree to read and accept the County of Contra Costa disclaimer of liability for geographic information.0 1 20.5
Miles Incorporated AreasANTIOCHUnincorporated AreasAlamoDecember 19, 2017 Contra Costa County Board of Supervisors Minutes 55
Walnut Creek
WALNUTCREEK
LAFAYETTE
PLEASANTHILL
Saranap SanMiguel
NorthGate
ShellRidge
ContraCostaCentre
AcalanesRidge
ReliezValley
§¨¦680
ÄÅ2424 Ygnacio Valley RdMain
S
t
Geary Rd Treat BlvdOlympic Blvd
Pleasant Hill
R
d
Ygnacio Valle
y
R
d
§¨¦680
Walnut Ave
North Gate RdFlood Controlfrom SV to OS
Flood Controlfrom PS to OS
Flood Controlfrom SM to OS
Flood Controlfrom SL to OS
Flood Controlfrom PS to OS
Contra Costa Fire Distfrom SL to PS
CCWDfrom SV to PS
City of Walnut Creekfrom SL to PR
EBRPDfrom SL to PR
SM
SH
MH
MM
ML
M-3
M-15
SL AL
SV
PR
OS
PS
MV
OF
CO
SM
SL
SL
SL
SL
SL
SV
SV
SH
SM
SM
SL
SM
MH
OF
PS
PR
CO
OS OSSV
Contra Costa County General Plan Land Use Element (GP#17-0005)
General Plan Amendment Designation
to: WS(Watershed)
to: WA(Water)
to: OS(Open Space)
to: PR(Parks and Recreation)
to: PS(Public/Semi-Public)
to: ACO(Airport Commercial)
6 E
S
W
N
Current General Plan Designations for Land Within Contra Costa County
SL (Single Family Residential - Low)
SM (Single Family Residential - Medium)
SH (Single Family Residential - High)
ML (Multiple Family Residential - Low)
MV (Multiple Family Residential - Very High)
MS (Multiple Family Residential - Very High Special)
CC (Congregate Care/Senior Housing)
MO (Mobile Home)
CO (Commercial)
OF (Office)
BP (Business Park)
HI (Heavy Industry)
CR (Commercial Recreation)
ACO (Airport Commercial)
LF (Landfill)
PS (Public/Semi-Public)
PR (Parks and Recreation)
OS (Open Space)
AL (Agricultural Lands)
AC (Agricultural Core)
DR (Delta Recreation)
WA (Water)
MH (Multiple Family Residential - High)
MM (Multiple Family Residential - Medium)
M-4 (Willow Pass Road Mixed Use)
M-5 (Willow Pass Road Commercial Mixed Use)
M-6 (Bay Point Residential Mixed Use)SV (Single Family Residential - Very Low)
AL, OIBA
M-1 (Parker Avenue Mixed Use)
M-2 (Downtown/Waterfront Rodeo Mixed Use)
M-3 (Pleasant Hill BART Mixed Use)
M-8 (Dougherty Valley Village Center Mixed Use)
M-9 (Montalvin Manor Mixed Use)
M-10 (Willow Pass Business Park Mixed Use)
M-11 (Appian Way Mixed Use)
M-12 (Triangle Area Mixed Use)
M-13 (San Pablo Dam Road Mixed Use)
M-15 (Saranap Village Mixed Use)
M-14 (Heritage Point Mixed Use)
(Agricultural Lands & Off Island Bonus Area)
WS (Watershed)
LI (Light Industry)
Incorporated Cities County Boundary
Map Created on October 3rd, 2017Contra Costa County Department of Conservation & Development30 Muir Road, Martinez, CA 9455337:59:41.791N 122:07:03.756W
This map or dataset was created by the Contra Costa County Department of Conservationand Development with data from the Contra Costa County GIS Program.The General Plan Land Use Map categories are valid in Unincorporated Contra Costa County only. Please contact the individual cities for their General Plan Land Uses. This map contains copyrighted information and may not be altered. It may be reproduced in its current state if the source is cited. Users of this map agree to read and accept the County of Contra Costa disclaimer of liability for geographic information.0 1 20.5
Miles Incorporated AreasANTIOCHUnincorporated AreasAlamoDecember 19, 2017 Contra Costa County Board of Supervisors Minutes 56
Alamo
SM
SH
ML
MM
SL
AL
SV
PR
OS
PSCO
AL AL
AL
AL
OS
OS
OS
OS
OS
SV
SV
SV
SV
SL
SL
SL
SL
SL
SL
SL
PR
PR
PR
PR
OS
OS
OS SLPS
PS
PS
PS
PS
PS
PS
PSPR PR
DANVILLE
WALNUTCREEK
Alamo
Diablo
Blackhawk
CastleHill
§¨¦680
Diablo RdDan
v
i
l
l
e
B
l
v
d
Livorna Rd
Stone Valley Rd
Blackha
w
k
R
d
§¨¦680
Flood Controlfrom PS to OS
Flood Controlfrom SL to OS
Flood Controlfrom SL to OS
Flood Controlfrom SL to OS
State of Californiafrom SL to OS
Flood Controlfrom SL to OS
Flood Controlfrom SL to OS
Flood Controlfrom SL to OS
Flood Controlfrom CO to OS
Flood Controlfrom SL to OS
EBMUDfrom OS to PS
EBMUDfrom OS to PSEBMUDfrom AL to PS
EBMUDfrom SL to PS
San RamonValley FPDfrom SL to PS
EBMUDfrom SL to PS
EBMUDfrom SL to PS
EBMUDfrom SL to PS
EBRPDfrom AL to PR
County - Parkfrom SL to PR
Contra Costa County General Plan Land Use Element (GP#17-0005)
General Plan Amendment Designation
to: WS(Watershed)
to: WA(Water)
to: OS(Open Space)
to: PR(Parks and Recreation)
to: PS(Public/Semi-Public)
to: ACO(Airport Commercial)
6 E
S
W
N
Current General Plan Designations for Land Within Contra Costa County
SL (Single Family Residential - Low)
SM (Single Family Residential - Medium)
SH (Single Family Residential - High)
ML (Multiple Family Residential - Low)
MV (Multiple Family Residential - Very High)
MS (Multiple Family Residential - Very High Special)
CC (Congregate Care/Senior Housing)
MO (Mobile Home)
CO (Commercial)
OF (Office)
BP (Business Park)
HI (Heavy Industry)
CR (Commercial Recreation)
ACO (Airport Commercial)
LF (Landfill)
PS (Public/Semi-Public)
PR (Parks and Recreation)
OS (Open Space)
AL (Agricultural Lands)
AC (Agricultural Core)
DR (Delta Recreation)
WA (Water)
MH (Multiple Family Residential - High)
MM (Multiple Family Residential - Medium)
M-4 (Willow Pass Road Mixed Use)
M-5 (Willow Pass Road Commercial Mixed Use)
M-6 (Bay Point Residential Mixed Use)SV (Single Family Residential - Very Low)
AL, OIBA
M-1 (Parker Avenue Mixed Use)
M-2 (Downtown/Waterfront Rodeo Mixed Use)
M-3 (Pleasant Hill BART Mixed Use)
M-8 (Dougherty Valley Village Center Mixed Use)
M-9 (Montalvin Manor Mixed Use)
M-10 (Willow Pass Business Park Mixed Use)
M-11 (Appian Way Mixed Use)
M-12 (Triangle Area Mixed Use)
M-13 (San Pablo Dam Road Mixed Use)
M-15 (Saranap Village Mixed Use)
M-14 (Heritage Point Mixed Use)
(Agricultural Lands & Off Island Bonus Area)
WS (Watershed)
LI (Light Industry)
Incorporated Cities County Boundary
Map Created on October 3rd, 2017Contra Costa County Department of Conservation & Development30 Muir Road, Martinez, CA 9455337:59:41.791N 122:07:03.756W
This map or dataset was created by the Contra Costa County Department of Conservationand Development with data from the Contra Costa County GIS Program.The General Plan Land Use Map categories are valid in Unincorporated Contra Costa County only. Please contact the individual cities for their General Plan Land Uses. This map contains copyrighted information and may not be altered. It may be reproduced in its current state if the source is cited. Users of this map agree to read and accept the County of Contra Costa disclaimer of liability for geographic information.0 1 20.5
Miles Incorporated AreasANTIOCHUnincorporated AreasAlamoDecember 19, 2017 Contra Costa County Board of Supervisors Minutes 57
Moraga
MORAGA
ORINDA LAFAYETTE WALNUTCREEK
OAKLAND
Canyon
AlamedaCounty
EBMUDfrom AL to WS
EBMUDfrom AL to WS
EBMUDfrom AL to WS
EBMUDfrom AL to WS
EBRPDfrom AL to PR
EBRPDfrom AL to PREBRPDfrom AL to PR
EBRPDfrom AL to PR
EBRPDfrom AL to PR
EBRPDfrom AL to PR
AL
SL
PR OS
WS
WA
PS
AL
AL
AL
AL
PR
PR
WS
AL
PS Moraga RdMor
a
g
a
W
a
y
Pineh
u
r
s
t
R
d
San LeandroReservoir
Contra Costa County General Plan Land Use Element (GP#17-0005)
General Plan Amendment Designation
to: WS(Watershed)
to: WA(Water)
to: OS(Open Space)
to: PR(Parks and Recreation)
to: PS(Public/Semi-Public)
to: ACO(Airport Commercial)
6 E
S
W
N
Current General Plan Designations for Land Within Contra Costa County
SL (Single Family Residential - Low)
SM (Single Family Residential - Medium)
SH (Single Family Residential - High)
ML (Multiple Family Residential - Low)
MV (Multiple Family Residential - Very High)
MS (Multiple Family Residential - Very High Special)
CC (Congregate Care/Senior Housing)
MO (Mobile Home)
CO (Commercial)
OF (Office)
BP (Business Park)
HI (Heavy Industry)
CR (Commercial Recreation)
ACO (Airport Commercial)
LF (Landfill)
PS (Public/Semi-Public)
PR (Parks and Recreation)
OS (Open Space)
AL (Agricultural Lands)
AC (Agricultural Core)
DR (Delta Recreation)
WA (Water)
MH (Multiple Family Residential - High)
MM (Multiple Family Residential - Medium)
M-4 (Willow Pass Road Mixed Use)
M-5 (Willow Pass Road Commercial Mixed Use)
M-6 (Bay Point Residential Mixed Use)SV (Single Family Residential - Very Low)
AL, OIBA
M-1 (Parker Avenue Mixed Use)
M-2 (Downtown/Waterfront Rodeo Mixed Use)
M-3 (Pleasant Hill BART Mixed Use)
M-8 (Dougherty Valley Village Center Mixed Use)
M-9 (Montalvin Manor Mixed Use)
M-10 (Willow Pass Business Park Mixed Use)
M-11 (Appian Way Mixed Use)
M-12 (Triangle Area Mixed Use)
M-13 (San Pablo Dam Road Mixed Use)
M-15 (Saranap Village Mixed Use)
M-14 (Heritage Point Mixed Use)
(Agricultural Lands & Off Island Bonus Area)
WS (Watershed)
LI (Light Industry)
Incorporated Cities County Boundary
Map Created on October 3rd, 2017Contra Costa County Department of Conservation & Development30 Muir Road, Martinez, CA 9455337:59:41.791N 122:07:03.756W
This map or dataset was created by the Contra Costa County Department of Conservationand Development with data from the Contra Costa County GIS Program.The General Plan Land Use Map categories are valid in Unincorporated Contra Costa County only. Please contact the individual cities for their General Plan Land Uses. This map contains copyrighted information and may not be altered. It may be reproduced in its current state if the source is cited. Users of this map agree to read and accept the County of Contra Costa disclaimer of liability for geographic information.0 1 20.5
Miles Incorporated AreasANTIOCHUnincorporated AreasAlamoDecember 19, 2017 Contra Costa County Board of Supervisors Minutes 58
Bollinger Canyon
DANVILLE
SANRAMON
§¨¦680
San Ramon
Va
l
ley
B
lvd
Sycamore Valley Rd
Crow Canyon
Rd
MH
AL
PRWS
LI
PS
PR
PR
AL
EBRPDfrom AL to PR
EBRPDfrom AL to PR
EBRPDfrom AL to PR
AlamedaCounty
Contra Costa County General Plan Land Use Element (GP#17-0005)
General Plan Amendment Designation
to: WS(Watershed)
to: WA(Water)
to: OS(Open Space)
to: PR(Parks and Recreation)
to: PS(Public/Semi-Public)
to: ACO(Airport Commercial)
6 E
S
W
N
Current General Plan Designations for Land Within Contra Costa County
SL (Single Family Residential - Low)
SM (Single Family Residential - Medium)
SH (Single Family Residential - High)
ML (Multiple Family Residential - Low)
MV (Multiple Family Residential - Very High)
MS (Multiple Family Residential - Very High Special)
CC (Congregate Care/Senior Housing)
MO (Mobile Home)
CO (Commercial)
OF (Office)
BP (Business Park)
HI (Heavy Industry)
CR (Commercial Recreation)
ACO (Airport Commercial)
LF (Landfill)
PS (Public/Semi-Public)
PR (Parks and Recreation)
OS (Open Space)
AL (Agricultural Lands)
AC (Agricultural Core)
DR (Delta Recreation)
WA (Water)
MH (Multiple Family Residential - High)
MM (Multiple Family Residential - Medium)
M-4 (Willow Pass Road Mixed Use)
M-5 (Willow Pass Road Commercial Mixed Use)
M-6 (Bay Point Residential Mixed Use)SV (Single Family Residential - Very Low)
AL, OIBA
M-1 (Parker Avenue Mixed Use)
M-2 (Downtown/Waterfront Rodeo Mixed Use)
M-3 (Pleasant Hill BART Mixed Use)
M-8 (Dougherty Valley Village Center Mixed Use)
M-9 (Montalvin Manor Mixed Use)
M-10 (Willow Pass Business Park Mixed Use)
M-11 (Appian Way Mixed Use)
M-12 (Triangle Area Mixed Use)
M-13 (San Pablo Dam Road Mixed Use)
M-15 (Saranap Village Mixed Use)
M-14 (Heritage Point Mixed Use)
(Agricultural Lands & Off Island Bonus Area)
WS (Watershed)
LI (Light Industry)
Incorporated Cities County Boundary
Map Created on October 3rd, 2017Contra Costa County Department of Conservation & Development30 Muir Road, Martinez, CA 9455337:59:41.791N 122:07:03.756W
This map or dataset was created by the Contra Costa County Department of Conservationand Development with data from the Contra Costa County GIS Program.The General Plan Land Use Map categories are valid in Unincorporated Contra Costa County only. Please contact the individual cities for their General Plan Land Uses. This map contains copyrighted information and may not be altered. It may be reproduced in its current state if the source is cited. Users of this map agree to read and accept the County of Contra Costa disclaimer of liability for geographic information.0 1 20.5
Miles Incorporated AreasANTIOCHUnincorporated AreasAlamoDecember 19, 2017 Contra Costa County Board of Supervisors Minutes 59
Blackhawk
Camino Tassajara Crow Canyon RdBlackhawk RdDougher
ty
RdCamino
Tassa
jara
DANVILLE
SANRAMON
Blackhawk
CaminoTassajara
SM
SH
ML
MMMH
AL
SL
OS
PR
PS
CO
OF
OS
OS
OS
PR
PR
PR
PR
PR
PR
PR
PRSL
SL
SL
SL
SL
SH
SHPS
PS
PS
PS
MH
ML
SM
Geologic Hazard Distfrom SH to OS
GHADfrom SH to OS
EBMUDfrom OS to PS
EBMUDfrom SL to PS
EBMUDfrom SL to PS
EBMUDfrom SL to PS
San Ramon Valley Fire Distfrom SL to PS
Contra Costa County General Plan Land Use Element (GP#17-0005)
General Plan Amendment Designation
to: WS(Watershed)
to: WA(Water)
to: OS(Open Space)
to: PR(Parks and Recreation)
to: PS(Public/Semi-Public)
to: ACO(Airport Commercial)
6 E
S
W
N
Current General Plan Designations for Land Within Contra Costa County
SL (Single Family Residential - Low)
SM (Single Family Residential - Medium)
SH (Single Family Residential - High)
ML (Multiple Family Residential - Low)
MV (Multiple Family Residential - Very High)
MS (Multiple Family Residential - Very High Special)
CC (Congregate Care/Senior Housing)
MO (Mobile Home)
CO (Commercial)
OF (Office)
BP (Business Park)
HI (Heavy Industry)
CR (Commercial Recreation)
ACO (Airport Commercial)
LF (Landfill)
PS (Public/Semi-Public)
PR (Parks and Recreation)
OS (Open Space)
AL (Agricultural Lands)
AC (Agricultural Core)
DR (Delta Recreation)
WA (Water)
MH (Multiple Family Residential - High)
MM (Multiple Family Residential - Medium)
M-4 (Willow Pass Road Mixed Use)
M-5 (Willow Pass Road Commercial Mixed Use)
M-6 (Bay Point Residential Mixed Use)SV (Single Family Residential - Very Low)
AL, OIBA
M-1 (Parker Avenue Mixed Use)
M-2 (Downtown/Waterfront Rodeo Mixed Use)
M-3 (Pleasant Hill BART Mixed Use)
M-8 (Dougherty Valley Village Center Mixed Use)
M-9 (Montalvin Manor Mixed Use)
M-10 (Willow Pass Business Park Mixed Use)
M-11 (Appian Way Mixed Use)
M-12 (Triangle Area Mixed Use)
M-13 (San Pablo Dam Road Mixed Use)
M-15 (Saranap Village Mixed Use)
M-14 (Heritage Point Mixed Use)
(Agricultural Lands & Off Island Bonus Area)
WS (Watershed)
LI (Light Industry)
Incorporated Cities County Boundary
Map Created on October 3rd, 2017Contra Costa County Department of Conservation & Development30 Muir Road, Martinez, CA 9455337:59:41.791N 122:07:03.756W
This map or dataset was created by the Contra Costa County Department of Conservationand Development with data from the Contra Costa County GIS Program.The General Plan Land Use Map categories are valid in Unincorporated Contra Costa County only. Please contact the individual cities for their General Plan Land Uses. This map contains copyrighted information and may not be altered. It may be reproduced in its current state if the source is cited. Users of this map agree to read and accept the County of Contra Costa disclaimer of liability for geographic information.0 1 20.5
Miles Incorporated AreasANTIOCHUnincorporated AreasAlamoDecember 19, 2017 Contra Costa County Board of Supervisors Minutes 60
San Ramon
SH
SM
ML
M-8
AL
SL
PR
OS
PS
SANRAMONNorrisCanyon
DoughertyValley
OS
AL
AL
PS
PS
SH
§¨¦680
Bollinger Canyon Rd
S
a
n
R
am
o
n
V
a
l
l
e
y
B
l
v
d
Dougherty
Rd
Crow Canyon Rd
AlamedaCounty
AlamedaCounty
Geologic Hazard Distfrom PS to OS
EBMUDfrom SL to PS
EBMUDfrom OS to PS
EBRPDfrom AL to PR
Contra Costa County General Plan Land Use Element (GP#17-0005)
General Plan Amendment Designation
to: WS(Watershed)
to: WA(Water)
to: OS(Open Space)
to: PR(Parks and Recreation)
to: PS(Public/Semi-Public)
to: ACO(Airport Commercial)
6 E
S
W
N
Current General Plan Designations for Land Within Contra Costa County
SL (Single Family Residential - Low)
SM (Single Family Residential - Medium)
SH (Single Family Residential - High)
ML (Multiple Family Residential - Low)
MV (Multiple Family Residential - Very High)
MS (Multiple Family Residential - Very High Special)
CC (Congregate Care/Senior Housing)
MO (Mobile Home)
CO (Commercial)
OF (Office)
BP (Business Park)
HI (Heavy Industry)
CR (Commercial Recreation)
ACO (Airport Commercial)
LF (Landfill)
PS (Public/Semi-Public)
PR (Parks and Recreation)
OS (Open Space)
AL (Agricultural Lands)
AC (Agricultural Core)
DR (Delta Recreation)
WA (Water)
MH (Multiple Family Residential - High)
MM (Multiple Family Residential - Medium)
M-4 (Willow Pass Road Mixed Use)
M-5 (Willow Pass Road Commercial Mixed Use)
M-6 (Bay Point Residential Mixed Use)SV (Single Family Residential - Very Low)
AL, OIBA
M-1 (Parker Avenue Mixed Use)
M-2 (Downtown/Waterfront Rodeo Mixed Use)
M-3 (Pleasant Hill BART Mixed Use)
M-8 (Dougherty Valley Village Center Mixed Use)
M-9 (Montalvin Manor Mixed Use)
M-10 (Willow Pass Business Park Mixed Use)
M-11 (Appian Way Mixed Use)
M-12 (Triangle Area Mixed Use)
M-13 (San Pablo Dam Road Mixed Use)
M-15 (Saranap Village Mixed Use)
M-14 (Heritage Point Mixed Use)
(Agricultural Lands & Off Island Bonus Area)
WS (Watershed)
LI (Light Industry)
Incorporated Cities County Boundary
Map Created on October 3rd, 2017Contra Costa County Department of Conservation & Development30 Muir Road, Martinez, CA 9455337:59:41.791N 122:07:03.756W
This map or dataset was created by the Contra Costa County Department of Conservationand Development with data from the Contra Costa County GIS Program.The General Plan Land Use Map categories are valid in Unincorporated Contra Costa County only. Please contact the individual cities for their General Plan Land Uses. This map contains copyrighted information and may not be altered. It may be reproduced in its current state if the source is cited. Users of this map agree to read and accept the County of Contra Costa disclaimer of liability for geographic information.0 1 20.5
Miles Incorporated AreasANTIOCHUnincorporated AreasAlamoDecember 19, 2017 Contra Costa County Board of Supervisors Minutes 61
Bay Point
Ambrose Park Distfrom ML to PR
Ambrose Park Distfrom SH to PR
County - Trail Corridorfrom PS to PR
County - Trail Corridorfrom M-6 to PR
ÄÅ44
Leland Rd
Willow Pass Rd
Bailey RdEvora Rd Port Chicago HwyBailey RdPacifica Ave
ÄÅ44PITTSBURG
BayPoint
SH
SM
CR
MM
ML
MH
M-4M-5
M-6
AL SL
OS
PR
PS
LI
WA
HI
CO
PS
PS
PS
PS
PS
MM
MM
MM
MM
MM
MM
MM
ML ML
MLCOCOCO
CO
CO
CO
SH SH
SH
SH
SHSH
SH
SHOS
OS
PR
PR
PR
PR
PR
PR
PR
M-6
M-4
ML
HI
Contra Costa County General Plan Land Use Element (GP#17-0005)
General Plan Amendment Designation
to: WS(Watershed)
to: WA(Water)
to: OS(Open Space)
to: PR(Parks and Recreation)
to: PS(Public/Semi-Public)
to: ACO(Airport Commercial)
6 E
S
W
N
Current General Plan Designations for Land Within Contra Costa County
SL (Single Family Residential - Low)
SM (Single Family Residential - Medium)
SH (Single Family Residential - High)
ML (Multiple Family Residential - Low)
MV (Multiple Family Residential - Very High)
MS (Multiple Family Residential - Very High Special)
CC (Congregate Care/Senior Housing)
MO (Mobile Home)
CO (Commercial)
OF (Office)
BP (Business Park)
HI (Heavy Industry)
CR (Commercial Recreation)
ACO (Airport Commercial)
LF (Landfill)
PS (Public/Semi-Public)
PR (Parks and Recreation)
OS (Open Space)
AL (Agricultural Lands)
AC (Agricultural Core)
DR (Delta Recreation)
WA (Water)
MH (Multiple Family Residential - High)
MM (Multiple Family Residential - Medium)
M-4 (Willow Pass Road Mixed Use)
M-5 (Willow Pass Road Commercial Mixed Use)
M-6 (Bay Point Residential Mixed Use)SV (Single Family Residential - Very Low)
AL, OIBA
M-1 (Parker Avenue Mixed Use)
M-2 (Downtown/Waterfront Rodeo Mixed Use)
M-3 (Pleasant Hill BART Mixed Use)
M-8 (Dougherty Valley Village Center Mixed Use)
M-9 (Montalvin Manor Mixed Use)
M-10 (Willow Pass Business Park Mixed Use)
M-11 (Appian Way Mixed Use)
M-12 (Triangle Area Mixed Use)
M-13 (San Pablo Dam Road Mixed Use)
M-15 (Saranap Village Mixed Use)
M-14 (Heritage Point Mixed Use)
(Agricultural Lands & Off Island Bonus Area)
WS (Watershed)
LI (Light Industry)
Incorporated Cities County Boundary
Map Created on October 3rd, 2017Contra Costa County Department of Conservation & Development30 Muir Road, Martinez, CA 9455337:59:41.791N 122:07:03.756W
This map or dataset was created by the Contra Costa County Department of Conservationand Development with data from the Contra Costa County GIS Program.The General Plan Land Use Map categories are valid in Unincorporated Contra Costa County only. Please contact the individual cities for their General Plan Land Uses. This map contains copyrighted information and may not be altered. It may be reproduced in its current state if the source is cited. Users of this map agree to read and accept the County of Contra Costa disclaimer of liability for geographic information.0 0.75 1.50.375
Miles Incorporated AreasANTIOCHUnincorporated AreasAlamoDecember 19, 2017 Contra Costa County Board of Supervisors Minutes 62
Kirker Pass
SH
AL
PR
OS
LI
LF
OSAL
AL
PITTSBURG
ANTIOCHCONCORD
CLAYTON
PITTS PITTS
Kirker Pass
R
dBailey RdRailroad AveJames Donlon
B
l
v
dSomersville RdKirker Pass RdÄÅ44
EBRPDfrom AL to PR
EBRPDfrom AL to PR
EBRPDfrom AL to PR
EBRPDfrom AL to PR
Contra Costa County General Plan Land Use Element (GP#17-0005)
General Plan Amendment Designation
to: WS(Watershed)
to: WA(Water)
to: OS(Open Space)
to: PR(Parks and Recreation)
to: PS(Public/Semi-Public)
to: ACO(Airport Commercial)
6 E
S
W
N
Current General Plan Designations for Land Within Contra Costa County
SL (Single Family Residential - Low)
SM (Single Family Residential - Medium)
SH (Single Family Residential - High)
ML (Multiple Family Residential - Low)
MV (Multiple Family Residential - Very High)
MS (Multiple Family Residential - Very High Special)
CC (Congregate Care/Senior Housing)
MO (Mobile Home)
CO (Commercial)
OF (Office)
BP (Business Park)
HI (Heavy Industry)
CR (Commercial Recreation)
ACO (Airport Commercial)
LF (Landfill)
PS (Public/Semi-Public)
PR (Parks and Recreation)
OS (Open Space)
AL (Agricultural Lands)
AC (Agricultural Core)
DR (Delta Recreation)
WA (Water)
MH (Multiple Family Residential - High)
MM (Multiple Family Residential - Medium)
M-4 (Willow Pass Road Mixed Use)
M-5 (Willow Pass Road Commercial Mixed Use)
M-6 (Bay Point Residential Mixed Use)SV (Single Family Residential - Very Low)
AL, OIBA
M-1 (Parker Avenue Mixed Use)
M-2 (Downtown/Waterfront Rodeo Mixed Use)
M-3 (Pleasant Hill BART Mixed Use)
M-8 (Dougherty Valley Village Center Mixed Use)
M-9 (Montalvin Manor Mixed Use)
M-10 (Willow Pass Business Park Mixed Use)
M-11 (Appian Way Mixed Use)
M-12 (Triangle Area Mixed Use)
M-13 (San Pablo Dam Road Mixed Use)
M-15 (Saranap Village Mixed Use)
M-14 (Heritage Point Mixed Use)
(Agricultural Lands & Off Island Bonus Area)
WS (Watershed)
LI (Light Industry)
Incorporated Cities County Boundary
Map Created on October 3rd, 2017Contra Costa County Department of Conservation & Development30 Muir Road, Martinez, CA 9455337:59:41.791N 122:07:03.756W
This map or dataset was created by the Contra Costa County Department of Conservationand Development with data from the Contra Costa County GIS Program.The General Plan Land Use Map categories are valid in Unincorporated Contra Costa County only. Please contact the individual cities for their General Plan Land Uses. This map contains copyrighted information and may not be altered. It may be reproduced in its current state if the source is cited. Users of this map agree to read and accept the County of Contra Costa disclaimer of liability for geographic information.0 1 20.5
Miles Incorporated AreasANTIOCHUnincorporated AreasAlamoDecember 19, 2017 Contra Costa County Board of Supervisors Minutes 63
Clayton
EBRPDfrom AL to PR
EBRPDfrom OS to PRMarsh
C
r
e
e
k
R
d
Clayton Rd
CLAYTON
AL
SV
PR
OS
PS
AL
AL
AL
ALPR
SV
PR
PR
PR
Contra Costa County General Plan Land Use Element (GP#17-0005)
General Plan Amendment Designation
to: WS(Watershed)
to: WA(Water)
to: OS(Open Space)
to: PR(Parks and Recreation)
to: PS(Public/Semi-Public)
to: ACO(Airport Commercial)
6 E
S
W
N
Current General Plan Designations for Land Within Contra Costa County
SL (Single Family Residential - Low)
SM (Single Family Residential - Medium)
SH (Single Family Residential - High)
ML (Multiple Family Residential - Low)
MV (Multiple Family Residential - Very High)
MS (Multiple Family Residential - Very High Special)
CC (Congregate Care/Senior Housing)
MO (Mobile Home)
CO (Commercial)
OF (Office)
BP (Business Park)
HI (Heavy Industry)
CR (Commercial Recreation)
ACO (Airport Commercial)
LF (Landfill)
PS (Public/Semi-Public)
PR (Parks and Recreation)
OS (Open Space)
AL (Agricultural Lands)
AC (Agricultural Core)
DR (Delta Recreation)
WA (Water)
MH (Multiple Family Residential - High)
MM (Multiple Family Residential - Medium)
M-4 (Willow Pass Road Mixed Use)
M-5 (Willow Pass Road Commercial Mixed Use)
M-6 (Bay Point Residential Mixed Use)SV (Single Family Residential - Very Low)
AL, OIBA
M-1 (Parker Avenue Mixed Use)
M-2 (Downtown/Waterfront Rodeo Mixed Use)
M-3 (Pleasant Hill BART Mixed Use)
M-8 (Dougherty Valley Village Center Mixed Use)
M-9 (Montalvin Manor Mixed Use)
M-10 (Willow Pass Business Park Mixed Use)
M-11 (Appian Way Mixed Use)
M-12 (Triangle Area Mixed Use)
M-13 (San Pablo Dam Road Mixed Use)
M-15 (Saranap Village Mixed Use)
M-14 (Heritage Point Mixed Use)
(Agricultural Lands & Off Island Bonus Area)
WS (Watershed)
LI (Light Industry)
Incorporated Cities County Boundary
Map Created on October 3rd, 2017Contra Costa County Department of Conservation & Development30 Muir Road, Martinez, CA 9455337:59:41.791N 122:07:03.756W
This map or dataset was created by the Contra Costa County Department of Conservationand Development with data from the Contra Costa County GIS Program.The General Plan Land Use Map categories are valid in Unincorporated Contra Costa County only. Please contact the individual cities for their General Plan Land Uses. This map contains copyrighted information and may not be altered. It may be reproduced in its current state if the source is cited. Users of this map agree to read and accept the County of Contra Costa disclaimer of liability for geographic information.0 1 20.5
Miles Incorporated AreasANTIOCHUnincorporated AreasAlamoDecember 19, 2017 Contra Costa County Board of Supervisors Minutes 64
Morgan Territory
Ma
r
s
h
C
r
e
e
k
R
d
Morgan Territory RdOS
PR PR
ALAL
SV
PR
OS
PS
EBRPDfrom AL to PR
EBRPDfrom AL to PR
EBRPDfrom OS to PR
EBRPDfrom AL to PR
East Contra CostaHabitat Conservancyfrom AL to PR
State Parksfrom OS to PR
Contra Costa County General Plan Land Use Element (GP#17-0005)
General Plan Amendment Designation
to: WS(Watershed)
to: WA(Water)
to: OS(Open Space)
to: PR(Parks and Recreation)
to: PS(Public/Semi-Public)
to: ACO(Airport Commercial)
6 E
S
W
N
Current General Plan Designations for Land Within Contra Costa County
SL (Single Family Residential - Low)
SM (Single Family Residential - Medium)
SH (Single Family Residential - High)
ML (Multiple Family Residential - Low)
MV (Multiple Family Residential - Very High)
MS (Multiple Family Residential - Very High Special)
CC (Congregate Care/Senior Housing)
MO (Mobile Home)
CO (Commercial)
OF (Office)
BP (Business Park)
HI (Heavy Industry)
CR (Commercial Recreation)
ACO (Airport Commercial)
LF (Landfill)
PS (Public/Semi-Public)
PR (Parks and Recreation)
OS (Open Space)
AL (Agricultural Lands)
AC (Agricultural Core)
DR (Delta Recreation)
WA (Water)
MH (Multiple Family Residential - High)
MM (Multiple Family Residential - Medium)
M-4 (Willow Pass Road Mixed Use)
M-5 (Willow Pass Road Commercial Mixed Use)
M-6 (Bay Point Residential Mixed Use)SV (Single Family Residential - Very Low)
AL, OIBA
M-1 (Parker Avenue Mixed Use)
M-2 (Downtown/Waterfront Rodeo Mixed Use)
M-3 (Pleasant Hill BART Mixed Use)
M-8 (Dougherty Valley Village Center Mixed Use)
M-9 (Montalvin Manor Mixed Use)
M-10 (Willow Pass Business Park Mixed Use)
M-11 (Appian Way Mixed Use)
M-12 (Triangle Area Mixed Use)
M-13 (San Pablo Dam Road Mixed Use)
M-15 (Saranap Village Mixed Use)
M-14 (Heritage Point Mixed Use)
(Agricultural Lands & Off Island Bonus Area)
WS (Watershed)
LI (Light Industry)
Incorporated Cities County Boundary
Map Created on October 3rd, 2017Contra Costa County Department of Conservation & Development30 Muir Road, Martinez, CA 9455337:59:41.791N 122:07:03.756W
This map or dataset was created by the Contra Costa County Department of Conservationand Development with data from the Contra Costa County GIS Program.The General Plan Land Use Map categories are valid in Unincorporated Contra Costa County only. Please contact the individual cities for their General Plan Land Uses. This map contains copyrighted information and may not be altered. It may be reproduced in its current state if the source is cited. Users of this map agree to read and accept the County of Contra Costa disclaimer of liability for geographic information.0 1 20.5
Miles Incorporated AreasANTIOCHUnincorporated AreasAlamoDecember 19, 2017 Contra Costa County Board of Supervisors Minutes 65
Los Vaqueros
AL
PR
WS
WA
M
o
r
g
a
n
T
e
r
r
i
t
o
r
y
R
d
Highland Rd
CCWDfrom AL to WS
CCWDfrom AL to OS
CCWDfrom AL to OS
CCWDfrom AL to OS
San Ramon ValleyFire Distfrom AL to PS
EBRPDfrom AL to PR Los VaquerosReservoir
Contra Costa County General Plan Land Use Element (GP#17-0005)
General Plan Amendment Designation
to: WS(Watershed)
to: WA(Water)
to: OS(Open Space)
to: PR(Parks and Recreation)
to: PS(Public/Semi-Public)
to: ACO(Airport Commercial)
6 E
S
W
N
Current General Plan Designations for Land Within Contra Costa County
SL (Single Family Residential - Low)
SM (Single Family Residential - Medium)
SH (Single Family Residential - High)
ML (Multiple Family Residential - Low)
MV (Multiple Family Residential - Very High)
MS (Multiple Family Residential - Very High Special)
CC (Congregate Care/Senior Housing)
MO (Mobile Home)
CO (Commercial)
OF (Office)
BP (Business Park)
HI (Heavy Industry)
CR (Commercial Recreation)
ACO (Airport Commercial)
LF (Landfill)
PS (Public/Semi-Public)
PR (Parks and Recreation)
OS (Open Space)
AL (Agricultural Lands)
AC (Agricultural Core)
DR (Delta Recreation)
WA (Water)
MH (Multiple Family Residential - High)
MM (Multiple Family Residential - Medium)
M-4 (Willow Pass Road Mixed Use)
M-5 (Willow Pass Road Commercial Mixed Use)
M-6 (Bay Point Residential Mixed Use)SV (Single Family Residential - Very Low)
AL, OIBA
M-1 (Parker Avenue Mixed Use)
M-2 (Downtown/Waterfront Rodeo Mixed Use)
M-3 (Pleasant Hill BART Mixed Use)
M-8 (Dougherty Valley Village Center Mixed Use)
M-9 (Montalvin Manor Mixed Use)
M-10 (Willow Pass Business Park Mixed Use)
M-11 (Appian Way Mixed Use)
M-12 (Triangle Area Mixed Use)
M-13 (San Pablo Dam Road Mixed Use)
M-15 (Saranap Village Mixed Use)
M-14 (Heritage Point Mixed Use)
(Agricultural Lands & Off Island Bonus Area)
WS (Watershed)
LI (Light Industry)
Incorporated Cities County Boundary
Map Created on October 3rd, 2017Contra Costa County Department of Conservation & Development30 Muir Road, Martinez, CA 9455337:59:41.791N 122:07:03.756W
This map or dataset was created by the Contra Costa County Department of Conservationand Development with data from the Contra Costa County GIS Program.The General Plan Land Use Map categories are valid in Unincorporated Contra Costa County only. Please contact the individual cities for their General Plan Land Uses. This map contains copyrighted information and may not be altered. It may be reproduced in its current state if the source is cited. Users of this map agree to read and accept the County of Contra Costa disclaimer of liability for geographic information.0 1 20.5
Miles Incorporated AreasANTIOCHUnincorporated AreasAlamoDecember 19, 2017 Contra Costa County Board of Supervisors Minutes 66
Tassajara Valley
Highlan
d
R
d
Collier Canyon RdCamino Tassajara WindemerePkwy
AL
AlamedaCounty
EBRPDfrom AL to PR
Contra Costa County General Plan Land Use Element (GP#17-0005)
General Plan Amendment Designation
to: WS(Watershed)
to: WA(Water)
to: OS(Open Space)
to: PR(Parks and Recreation)
to: PS(Public/Semi-Public)
to: ACO(Airport Commercial)
6 E
S
W
N
Current General Plan Designations for Land Within Contra Costa County
SL (Single Family Residential - Low)
SM (Single Family Residential - Medium)
SH (Single Family Residential - High)
ML (Multiple Family Residential - Low)
MV (Multiple Family Residential - Very High)
MS (Multiple Family Residential - Very High Special)
CC (Congregate Care/Senior Housing)
MO (Mobile Home)
CO (Commercial)
OF (Office)
BP (Business Park)
HI (Heavy Industry)
CR (Commercial Recreation)
ACO (Airport Commercial)
LF (Landfill)
PS (Public/Semi-Public)
PR (Parks and Recreation)
OS (Open Space)
AL (Agricultural Lands)
AC (Agricultural Core)
DR (Delta Recreation)
WA (Water)
MH (Multiple Family Residential - High)
MM (Multiple Family Residential - Medium)
M-4 (Willow Pass Road Mixed Use)
M-5 (Willow Pass Road Commercial Mixed Use)
M-6 (Bay Point Residential Mixed Use)SV (Single Family Residential - Very Low)
AL, OIBA
M-1 (Parker Avenue Mixed Use)
M-2 (Downtown/Waterfront Rodeo Mixed Use)
M-3 (Pleasant Hill BART Mixed Use)
M-8 (Dougherty Valley Village Center Mixed Use)
M-9 (Montalvin Manor Mixed Use)
M-10 (Willow Pass Business Park Mixed Use)
M-11 (Appian Way Mixed Use)
M-12 (Triangle Area Mixed Use)
M-13 (San Pablo Dam Road Mixed Use)
M-15 (Saranap Village Mixed Use)
M-14 (Heritage Point Mixed Use)
(Agricultural Lands & Off Island Bonus Area)
WS (Watershed)
LI (Light Industry)
Incorporated Cities County Boundary
Map Created on October 3rd, 2017Contra Costa County Department of Conservation & Development30 Muir Road, Martinez, CA 9455337:59:41.791N 122:07:03.756W
This map or dataset was created by the Contra Costa County Department of Conservationand Development with data from the Contra Costa County GIS Program.The General Plan Land Use Map categories are valid in Unincorporated Contra Costa County only. Please contact the individual cities for their General Plan Land Uses. This map contains copyrighted information and may not be altered. It may be reproduced in its current state if the source is cited. Users of this map agree to read and accept the County of Contra Costa disclaimer of liability for geographic information.0 1 20.5
Miles Incorporated AreasANTIOCHUnincorporated AreasAlamoDecember 19, 2017 Contra Costa County Board of Supervisors Minutes 67
Deer Valley
ÄÅ44
Deer Valley RdBalfour Rd
ANTIOCH
BRENTWOOD
AL PR
PS
PR
AL
AL
AL
AL
CCWDfrom AL to OS
CCWDfrom AL to OS
EBRPDfrom AL to PR
EBRPDfrom AL to PR
Contra Costa County General Plan Land Use Element (GP#17-0005)
General Plan Amendment Designation
to: WS(Watershed)
to: WA(Water)
to: OS(Open Space)
to: PR(Parks and Recreation)
to: PS(Public/Semi-Public)
to: ACO(Airport Commercial)
6 E
S
W
N
Current General Plan Designations for Land Within Contra Costa County
SL (Single Family Residential - Low)
SM (Single Family Residential - Medium)
SH (Single Family Residential - High)
ML (Multiple Family Residential - Low)
MV (Multiple Family Residential - Very High)
MS (Multiple Family Residential - Very High Special)
CC (Congregate Care/Senior Housing)
MO (Mobile Home)
CO (Commercial)
OF (Office)
BP (Business Park)
HI (Heavy Industry)
CR (Commercial Recreation)
ACO (Airport Commercial)
LF (Landfill)
PS (Public/Semi-Public)
PR (Parks and Recreation)
OS (Open Space)
AL (Agricultural Lands)
AC (Agricultural Core)
DR (Delta Recreation)
WA (Water)
MH (Multiple Family Residential - High)
MM (Multiple Family Residential - Medium)
M-4 (Willow Pass Road Mixed Use)
M-5 (Willow Pass Road Commercial Mixed Use)
M-6 (Bay Point Residential Mixed Use)SV (Single Family Residential - Very Low)
AL, OIBA
M-1 (Parker Avenue Mixed Use)
M-2 (Downtown/Waterfront Rodeo Mixed Use)
M-3 (Pleasant Hill BART Mixed Use)
M-8 (Dougherty Valley Village Center Mixed Use)
M-9 (Montalvin Manor Mixed Use)
M-10 (Willow Pass Business Park Mixed Use)
M-11 (Appian Way Mixed Use)
M-12 (Triangle Area Mixed Use)
M-13 (San Pablo Dam Road Mixed Use)
M-15 (Saranap Village Mixed Use)
M-14 (Heritage Point Mixed Use)
(Agricultural Lands & Off Island Bonus Area)
WS (Watershed)
LI (Light Industry)
Incorporated Cities County Boundary
Map Created on October 3rd, 2017Contra Costa County Department of Conservation & Development30 Muir Road, Martinez, CA 9455337:59:41.791N 122:07:03.756W
This map or dataset was created by the Contra Costa County Department of Conservationand Development with data from the Contra Costa County GIS Program.The General Plan Land Use Map categories are valid in Unincorporated Contra Costa County only. Please contact the individual cities for their General Plan Land Uses. This map contains copyrighted information and may not be altered. It may be reproduced in its current state if the source is cited. Users of this map agree to read and accept the County of Contra Costa disclaimer of liability for geographic information.0 1 20.5
Miles Incorporated AreasANTIOCHUnincorporated AreasAlamoDecember 19, 2017 Contra Costa County Board of Supervisors Minutes 68
Vasco
CCWDfrom WS to OS
CCWDfrom AL to OS
EBRPDfrom AL to PR
EBRPDfrom AL to PR
EBRPDfrom AL to PR
EBRPDfrom PS to PR Vasco RdB
y
r
o
n
H
w
y
Vasco Rd
Italian Slough
CliftonCourtForebay
Los VaquerosReservoir
AL
PR
OS
DRWS
PS
WA
AL
AL
AL
AL
PSPS
WA
ByronTract
ByronAirport
AlamedaCounty
Contra Costa County General Plan Land Use Element (GP#17-0005)
General Plan Amendment Designation
to: WS(Watershed)
to: WA(Water)
to: OS(Open Space)
to: PR(Parks and Recreation)
to: PS(Public/Semi-Public)
to: ACO(Airport Commercial)
6 E
S
W
N
Current General Plan Designations for Land Within Contra Costa County
SL (Single Family Residential - Low)
SM (Single Family Residential - Medium)
SH (Single Family Residential - High)
ML (Multiple Family Residential - Low)
MV (Multiple Family Residential - Very High)
MS (Multiple Family Residential - Very High Special)
CC (Congregate Care/Senior Housing)
MO (Mobile Home)
CO (Commercial)
OF (Office)
BP (Business Park)
HI (Heavy Industry)
CR (Commercial Recreation)
ACO (Airport Commercial)
LF (Landfill)
PS (Public/Semi-Public)
PR (Parks and Recreation)
OS (Open Space)
AL (Agricultural Lands)
AC (Agricultural Core)
DR (Delta Recreation)
WA (Water)
MH (Multiple Family Residential - High)
MM (Multiple Family Residential - Medium)
M-4 (Willow Pass Road Mixed Use)
M-5 (Willow Pass Road Commercial Mixed Use)
M-6 (Bay Point Residential Mixed Use)SV (Single Family Residential - Very Low)
AL, OIBA
M-1 (Parker Avenue Mixed Use)
M-2 (Downtown/Waterfront Rodeo Mixed Use)
M-3 (Pleasant Hill BART Mixed Use)
M-8 (Dougherty Valley Village Center Mixed Use)
M-9 (Montalvin Manor Mixed Use)
M-10 (Willow Pass Business Park Mixed Use)
M-11 (Appian Way Mixed Use)
M-12 (Triangle Area Mixed Use)
M-13 (San Pablo Dam Road Mixed Use)
M-15 (Saranap Village Mixed Use)
M-14 (Heritage Point Mixed Use)
(Agricultural Lands & Off Island Bonus Area)
WS (Watershed)
LI (Light Industry)
Incorporated Cities County Boundary
Map Created on October 3rd, 2017Contra Costa County Department of Conservation & Development30 Muir Road, Martinez, CA 9455337:59:41.791N 122:07:03.756W
This map or dataset was created by the Contra Costa County Department of Conservationand Development with data from the Contra Costa County GIS Program.The General Plan Land Use Map categories are valid in Unincorporated Contra Costa County only. Please contact the individual cities for their General Plan Land Uses. This map contains copyrighted information and may not be altered. It may be reproduced in its current state if the source is cited. Users of this map agree to read and accept the County of Contra Costa disclaimer of liability for geographic information.0 1 20.5
Miles Incorporated AreasANTIOCHUnincorporated AreasAlamoDecember 19, 2017 Contra Costa County Board of Supervisors Minutes 69
Byron - Discovery Bay
Byron Sanitary Distfrom AL to PS
CCWDfrom AL to PS
CCWDfrom AL to PS
Discovery Bay CSDfrom CR to PS
USPS Post Officefrom OF to PS
USPS Post Officefrom CO to PS
Discovery Bay CSDfrom SM to PS
Discovery Bay CSDfrom SH to PS
Discovery Bay CSDfrom SM to PS
ÄÅ44
V
a
s
c
o
R
d
Marsh Creek Rd
B
y
r
o
n
H
w
y
Camino Diablo Bixler RdBrentwood Blvd
Sellers AveWalnut BlvdByron HwyCa
m
i
n
o
D
i
a
b
l
o
ÄÅ44
ÄÅ44
ByronTractByron
DiscoveryBay SM
SH
CR
MLAL
SV
AC
DR
OS PR
PS
WS
WA
LI
CO
OF
AL
AC
AL
SH
SH
SM
ML
COCO
CO
OSPS
CR
SM
PS
ML MLCRPS
LI
PS
MLPR
SH
OS
ML
ML
CO
MM
PS
SM
PR
PR
PR
SM
SH
AL
Contra Costa County General Plan Land Use Element (GP#17-0005)
General Plan Amendment Designation
to: WS(Watershed)
to: WA(Water)
to: OS(Open Space)
to: PR(Parks and Recreation)
to: PS(Public/Semi-Public)
to: ACO(Airport Commercial)
6 E
S
W
N
Current General Plan Designations for Land Within Contra Costa County
SL (Single Family Residential - Low)
SM (Single Family Residential - Medium)
SH (Single Family Residential - High)
ML (Multiple Family Residential - Low)
MV (Multiple Family Residential - Very High)
MS (Multiple Family Residential - Very High Special)
CC (Congregate Care/Senior Housing)
MO (Mobile Home)
CO (Commercial)
OF (Office)
BP (Business Park)
HI (Heavy Industry)
CR (Commercial Recreation)
ACO (Airport Commercial)
LF (Landfill)
PS (Public/Semi-Public)
PR (Parks and Recreation)
OS (Open Space)
AL (Agricultural Lands)
AC (Agricultural Core)
DR (Delta Recreation)
WA (Water)
MH (Multiple Family Residential - High)
MM (Multiple Family Residential - Medium)
M-4 (Willow Pass Road Mixed Use)
M-5 (Willow Pass Road Commercial Mixed Use)
M-6 (Bay Point Residential Mixed Use)SV (Single Family Residential - Very Low)
AL, OIBA
M-1 (Parker Avenue Mixed Use)
M-2 (Downtown/Waterfront Rodeo Mixed Use)
M-3 (Pleasant Hill BART Mixed Use)
M-8 (Dougherty Valley Village Center Mixed Use)
M-9 (Montalvin Manor Mixed Use)
M-10 (Willow Pass Business Park Mixed Use)
M-11 (Appian Way Mixed Use)
M-12 (Triangle Area Mixed Use)
M-13 (San Pablo Dam Road Mixed Use)
M-15 (Saranap Village Mixed Use)
M-14 (Heritage Point Mixed Use)
(Agricultural Lands & Off Island Bonus Area)
WS (Watershed)
LI (Light Industry)
Incorporated Cities County Boundary
Map Created on October 3rd, 2017Contra Costa County Department of Conservation & Development30 Muir Road, Martinez, CA 9455337:59:41.791N 122:07:03.756W
This map or dataset was created by the Contra Costa County Department of Conservationand Development with data from the Contra Costa County GIS Program.The General Plan Land Use Map categories are valid in Unincorporated Contra Costa County only. Please contact the individual cities for their General Plan Land Uses. This map contains copyrighted information and may not be altered. It may be reproduced in its current state if the source is cited. Users of this map agree to read and accept the County of Contra Costa disclaimer of liability for geographic information.0 1 20.5
Miles Incorporated AreasANTIOCHUnincorporated AreasAlamoDecember 19, 2017 Contra Costa County Board of Supervisors Minutes 70
Knightsen
SH SM
AL
AC
DR
PR
OS
PS
WA
LI
CO
DR
DR
AL
WA
PR
SH
SM
PR
OS
OS
OS
OS
DR WA
AL
DR
DR
SM
PalmTract
OrwoodTract
VealeTract
OAKLEY
BRENTWOOD
Knightsen
DiscoveryBay
Old
R
i
v
e
r
Old River
Indian Slough
Dredgers Cut
Rock Slough
Sellers AveByron HwyDelta Rd
Balfour Rd
Sunset Rd
Bixler RdEden Plains RdChestnut St
PS
DR
AC
AL
AL
Transmission AgencyNorthern Californiafrom PS to OS
Flood Controlfrom PS to OS
Knightsen School Distfrom AL to PS
EBRPDfrom AL to PR
EBRPDfrom DR to PR
East Contra Costa Fire Distfrom SH to PS
SanJoaquinCounty
Contra Costa County General Plan Land Use Element (GP#17-0005)
General Plan Amendment Designation
to: WS(Watershed)
to: WA(Water)
to: OS(Open Space)
to: PR(Parks and Recreation)
to: PS(Public/Semi-Public)
to: ACO(Airport Commercial)
6 E
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Current General Plan Designations for Land Within Contra Costa County
SL (Single Family Residential - Low)
SM (Single Family Residential - Medium)
SH (Single Family Residential - High)
ML (Multiple Family Residential - Low)
MV (Multiple Family Residential - Very High)
MS (Multiple Family Residential - Very High Special)
CC (Congregate Care/Senior Housing)
MO (Mobile Home)
CO (Commercial)
OF (Office)
BP (Business Park)
HI (Heavy Industry)
CR (Commercial Recreation)
ACO (Airport Commercial)
LF (Landfill)
PS (Public/Semi-Public)
PR (Parks and Recreation)
OS (Open Space)
AL (Agricultural Lands)
AC (Agricultural Core)
DR (Delta Recreation)
WA (Water)
MH (Multiple Family Residential - High)
MM (Multiple Family Residential - Medium)
M-4 (Willow Pass Road Mixed Use)
M-5 (Willow Pass Road Commercial Mixed Use)
M-6 (Bay Point Residential Mixed Use)SV (Single Family Residential - Very Low)
AL, OIBA
M-1 (Parker Avenue Mixed Use)
M-2 (Downtown/Waterfront Rodeo Mixed Use)
M-3 (Pleasant Hill BART Mixed Use)
M-8 (Dougherty Valley Village Center Mixed Use)
M-9 (Montalvin Manor Mixed Use)
M-10 (Willow Pass Business Park Mixed Use)
M-11 (Appian Way Mixed Use)
M-12 (Triangle Area Mixed Use)
M-13 (San Pablo Dam Road Mixed Use)
M-15 (Saranap Village Mixed Use)
M-14 (Heritage Point Mixed Use)
(Agricultural Lands & Off Island Bonus Area)
WS (Watershed)
LI (Light Industry)
Incorporated Cities County Boundary
Map Created on October 3rd, 2017Contra Costa County Department of Conservation & Development30 Muir Road, Martinez, CA 9455337:59:41.791N 122:07:03.756W
This map or dataset was created by the Contra Costa County Department of Conservationand Development with data from the Contra Costa County GIS Program.The General Plan Land Use Map categories are valid in Unincorporated Contra Costa County only. Please contact the individual cities for their General Plan Land Uses. This map contains copyrighted information and may not be altered. It may be reproduced in its current state if the source is cited. Users of this map agree to read and accept the County of Contra Costa disclaimer of liability for geographic information.0 1 20.5
Miles Incorporated AreasANTIOCHUnincorporated AreasAlamoDecember 19, 2017 Contra Costa County Board of Supervisors Minutes 71
Bethel Island
Waterfrom SL to WA
Waterfrom SH to WACA Dept Water Resourcesfrom DR to OS CA DWRfrom DR to OS
CA DWRfrom DR to OS
Ironhouse Sanitary Distfrom DR to PS
USPS Post Officefrom CO to PS
Bethel IslandMuni Imp Distfrom CO to PS
East Contra Costa Fire Distfrom CO to PS
Bethel Is. Muni Imp Distfrom CO to PR
CA DWRfrom DR to OS
Sac.County
San Joaquin RiverDutch Slough
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DeltaCoves
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BethelIsland
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CR
SH
MO
ML
AL
SL
PR
DR
OS WA
PS
CO
PR
CR
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SL
OSPS
CO
OS
OS
DR
PR
PR
WA
AL
ALOS
OSOS
OS
MO
MO
SH
SH
SH
SH
ML
SL
Contra Costa County General Plan Land Use Element (GP#17-0005)
General Plan Amendment Designation
to: WS(Watershed)
to: WA(Water)
to: OS(Open Space)
to: PR(Parks and Recreation)
to: PS(Public/Semi-Public)
to: ACO(Airport Commercial)
6 E
S
W
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Current General Plan Designations for Land Within Contra Costa County
SL (Single Family Residential - Low)
SM (Single Family Residential - Medium)
SH (Single Family Residential - High)
ML (Multiple Family Residential - Low)
MV (Multiple Family Residential - Very High)
MS (Multiple Family Residential - Very High Special)
CC (Congregate Care/Senior Housing)
MO (Mobile Home)
CO (Commercial)
OF (Office)
BP (Business Park)
HI (Heavy Industry)
CR (Commercial Recreation)
ACO (Airport Commercial)
LF (Landfill)
PS (Public/Semi-Public)
PR (Parks and Recreation)
OS (Open Space)
AL (Agricultural Lands)
AC (Agricultural Core)
DR (Delta Recreation)
WA (Water)
MH (Multiple Family Residential - High)
MM (Multiple Family Residential - Medium)
M-4 (Willow Pass Road Mixed Use)
M-5 (Willow Pass Road Commercial Mixed Use)
M-6 (Bay Point Residential Mixed Use)SV (Single Family Residential - Very Low)
AL, OIBA
M-1 (Parker Avenue Mixed Use)
M-2 (Downtown/Waterfront Rodeo Mixed Use)
M-3 (Pleasant Hill BART Mixed Use)
M-8 (Dougherty Valley Village Center Mixed Use)
M-9 (Montalvin Manor Mixed Use)
M-10 (Willow Pass Business Park Mixed Use)
M-11 (Appian Way Mixed Use)
M-12 (Triangle Area Mixed Use)
M-13 (San Pablo Dam Road Mixed Use)
M-15 (Saranap Village Mixed Use)
M-14 (Heritage Point Mixed Use)
(Agricultural Lands & Off Island Bonus Area)
WS (Watershed)
LI (Light Industry)
Incorporated Cities County Boundary
Map Created on October 3rd, 2017Contra Costa County Department of Conservation & Development30 Muir Road, Martinez, CA 9455337:59:41.791N 122:07:03.756W
This map or dataset was created by the Contra Costa County Department of Conservationand Development with data from the Contra Costa County GIS Program.The General Plan Land Use Map categories are valid in Unincorporated Contra Costa County only. Please contact the individual cities for their General Plan Land Uses. This map contains copyrighted information and may not be altered. It may be reproduced in its current state if the source is cited. Users of this map agree to read and accept the County of Contra Costa disclaimer of liability for geographic information.0 1 20.5
Miles Incorporated AreasANTIOCHUnincorporated AreasAlamoDecember 19, 2017 Contra Costa County Board of Supervisors Minutes 72
Map Created on October 3rd, 2017Contra Costa County Department of Conservation & Development30 Muir Road, Martinez, CA 9455337:59:41.791N 122:07:03.756W
This map or dataset was created by the Contra Costa County Department of Conservationand Development with data from the Contra Costa County GIS Program.The General Plan Land Use Map categories are valid in Unincorporated Contra Costa County only. Please contact the individual cities for their General Plan Land Uses. This map contains copyrighted information and may not be altered. It may be reproduced in its current state if the source is cited. Users of this map agree to read and accept the County of Contra Costa disclaimer of liability for geographic information.
Winter Island
CA Dept Water Resourcesfrom AL to OS
SacramentoCounty
SolanoCounty
ALWA
BrownsIsland
WinterIsland
PITTSBURG
10th St
Sacramento River
San Joaquin River
New York Slough
Mi
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o
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SuisunBay
ShermanLake
BroadSlough
0 1 20.5
Miles Incorporated AreasANTIOCHUnincorporated AreasAlamo
Contra Costa County General Plan Land Use Element (GP#17-0005)
General Plan Amendment Designation
to: WS(Watershed)
to: WA(Water)
to: OS(Open Space)
to: PR(Parks and Recreation)
to: PS(Public/Semi-Public)
to: ACO(Airport Commercial)
6 E
S
W
N
Current General Plan Designations for Land Within Contra Costa County
SL (Single Family Residential - Low)
SM (Single Family Residential - Medium)
SH (Single Family Residential - High)
ML (Multiple Family Residential - Low)
MV (Multiple Family Residential - Very High)
MS (Multiple Family Residential - Very High Special)
CC (Congregate Care/Senior Housing)
MO (Mobile Home)
CO (Commercial)
OF (Office)
BP (Business Park)
HI (Heavy Industry)
CR (Commercial Recreation)
ACO (Airport Commercial)
LF (Landfill)
PS (Public/Semi-Public)
PR (Parks and Recreation)
OS (Open Space)
AL (Agricultural Lands)
AC (Agricultural Core)
DR (Delta Recreation)
WA (Water)
MH (Multiple Family Residential - High)
MM (Multiple Family Residential - Medium)
M-4 (Willow Pass Road Mixed Use)
M-5 (Willow Pass Road Commercial Mixed Use)
M-6 (Bay Point Residential Mixed Use)SV (Single Family Residential - Very Low)
AL, OIBA
M-1 (Parker Avenue Mixed Use)
M-2 (Downtown/Waterfront Rodeo Mixed Use)
M-3 (Pleasant Hill BART Mixed Use)
M-8 (Dougherty Valley Village Center Mixed Use)
M-9 (Montalvin Manor Mixed Use)
M-10 (Willow Pass Business Park Mixed Use)
M-11 (Appian Way Mixed Use)
M-12 (Triangle Area Mixed Use)
M-13 (San Pablo Dam Road Mixed Use)
M-15 (Saranap Village Mixed Use)
M-14 (Heritage Point Mixed Use)
(Agricultural Lands & Off Island Bonus Area)
WS (Watershed)
LI (Light Industry)
Incorporated Cities County Boundary
December 19, 2017 Contra Costa County Board of Supervisors Minutes 73
Map Created on ?????ber ?th, 2017Contra Costa County Department of Conservation & Development30 Muir Road, Martinez, CA 9455337:59:41.791N 122:07:03.756W
This map or dataset was created by the Contra Costa County Department of Conservationand Development with data from the Contra Costa County GIS Program.The General Plan Land Use Map categories are valid in Unincorporated Contra Costa County only. Please contact the individual cities for their General Plan Land Uses. This map contains copyrighted information and may not be altered. It may be reproduced in its current state if the source is cited. Users of this map agree to read and accept the County of Contra Costa disclaimer of liability for geographic information.
Prepared by the Department of Conservation and Development
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Bethel
HERCULESPINOLE
RICHMOND
MARTINEZ
CONCORD
PLEASANTHILL
WALNUTCREEKLAFAYETTE
CLAYTON
ANTIOCH
OAKLEY
BRENTWOOD
SANRAMON
DANVILLE
ORINDA
MORAGA
ELCERRITO
SAN PABLO
Kensington
El Sobrante
Rodeo
Crockett
Alamo
Knightsen
DiscoveryBay
Byron
BayPoint
Pacheco
Blackhawk
Diablo
PITTSBURG
Canyon
PortCosta
RICHMOND
Clyde
NorthRichmond
Saranap
ContraCostaCentre
MtView
VineHill
TaraHills
MontalvinManor
Bayview
EastRichmond Heights
North Gate
Reliez Valley
AlhambraValley
Rollingwood
ShellRidgeAcalanesRidge
CastleHill
CaminoTassajara
NorrisCanyon
Briones
DoughertyValley
Island
BENICIA
VALLEJO
ALBANY
BERKELEY
OAKLAND
EMERYVILLE
PIEDMONT
SANFRANCISCO
DUBLIN LIVERMORECastroValley
MorganTerritory
SanPabloBay
SanFranciscoBay
SuisunBay
San Pablo Reservoir
BrionesReservoir
Los Vaqueros Reservoir
CliftonCourtForebay
FranksTractSacramento RiverHonkerBay
San Leandro Reservoir
Carquinez
Strait RiverJoaquinSan
Old RiverBigBreak
LafayetteReservoir
AlamedaCounty
SolonoCounty
SacramentoCounty
SanJoaquinCounty
Mount Diablo State Park
BrionesRegionalPark Wildcat Canyon Regional Park
Tilden Regional Park
CarquinezStrait R.S.
(Future Regional Park)
Keller
Black Diamond MinesRegional Preserve
BrownsIsland
DiabloFoothillsRegionalPark
Las TrampasRegionalWilderness
BishopRanch
Morgan TerritoryRegional Park
Round ValleyRegional Preserve
Marsh CreekState Park
VascoCavesRegionalPark
Byron
JerseyIsland
Redwood Regional Park
CrockettHillsRegionalPreserve
Sibley Volcanic Park
MilitaryOceanTerminalConcord
BuchananField
BradfordIsland
WebbTract
HollandTract
VealeTract
PalmTract
OrwoodTract
ByronTract
ConeyIsland
CampParks
QuimbyIsland
Airport
Canyon
Landfill
ChevronRefinery
PortofRichmond
Contra LomaRegional Park
WinterIsland
CalStateEastBayLimeRidgeOpenSpace
Shell RidgeOpen Space
St.Mary'sCollege
Shell
TesoroGolden Eagle Refinery
Phillips 66Refinery
Point Pinole R.S.
CaldecottTunnel
Former Concord Naval Weapons Station
San Miguel
Refinery
AgriculturalCore
0 3 6 91.5
Miles
6 E
S
W
N
Map includes all amendments through _____ 2017. For higher detail and the most current designationsplease refer to the county's Maps & GIS website:http://www.contracosta.ca.gov/1818/Maps-GISfor an interactive map and GIS data downloads.
Incorporated AreasANTIOCH
Unincorporated AreasAlamo
Urban Limit LineGeneral Plan Designations for Land Within Contra Costa County
SL (Single Family Residential - Low)
SM (Single Family Residential - Medium)
SH (Single Family Residential - High)
ML (Multiple Family Residential - Low)
MV (Multiple Family Residential - Very High)
MS (Multiple Family Residential - Very High Special)
CC (Congregate Care/Senior Housing)
MO (Mobile Home)
CO (Commercial)
OF (Office)
BP (Business Park)
LI (Light Industry)
HI (Heavy Industry)
CR (Commercial Recreation)
ACO (Airport Commercial)
LF (Landfill)
PS (Public/Semi-Public)
PR (Parks and Recreation)
OS (Open Space)
AL (Agricultural Lands)
AC (Agricultural Core)
DR (Delta Recreation)
WA (Water)
WS (Watershed)
MH (Multiple Family Residential - High)
MM (Multiple Family Residential - Medium)
Incorporated Cities
M-4 (Willow Pass Road Mixed Use)
M-5 (Willow Pass Road Commercial Mixed Use)
M-6 (Bay Point Residential Mixed Use)SV (Single Family Residential - Very Low)
M-1 (Parker Avenue Mixed Use)
M-2 (Downtown/Waterfront Rodeo Mixed Use)
M-3 (Pleasant Hill BART Mixed Use)
AL, OIBA (Agricultural Lands & Off Island Bonus Area)
M-8 (Dougherty Valley Village Center Mixed Use)
M-9 (Montalvin Manor Mixed Use)
M-10 (Willow Pass Business Park Mixed Use)
M-11 (Appian Way Mixed Use)
M-12 (Triangle Area Mixed Use)
M-13 (San Pablo Dam Road Mixed Use)
M-14 (Heritage Point Mixed Use)
M-15 (Saranap Village Mixed Use)
CONTRA COSTA COUNTY General Plan Land Use Element
December 19, 2017 Contra Costa County Board of Supervisors Minutes 74
ATTACHMENT 2
NOTIFICATION MATERIALS
December 19, 2017 Contra Costa County Board of Supervisors Minutes 75
December 19, 2017 Contra Costa County Board of Supervisors Minutes 76
CCT #6074595; Dec. 9, 2017
NoTiCe of PubliC HeariNg
Notice is hereby given that on Tuesday, December 19, 2017, at 9:30 a.m. in the
County Administration Building, 651 Pine Street, (Corner of Pine and Escobar
Streets), Martinez, California, the Contra Costa County Board of Supervisors will
hold a public hearing to consider the following planning matter:
AMENDMENT TO THE CONTRA COSTA COUNTY GENERAL PLAN (County File
#GP17-0005):ThisprojectisaCounty-initiatedamendmenttothe2005-2020Contra
Costa County General Plan Land Use Element Map that involves changing the land
use designations for approximately 19,900 acres owned by various public agencies
to reflect current or anticipated public uses. The majority of the acreage would be
redesignated from agricultural use to either parks/recreation, watershed, or open
space use. The subject parcels are shown on the attached map. More-detailed
maps may be obtained from the Department of Conservation and Development.
If you challenge the project in court, you may be limited to raising only those issues
you or someone else raised at the public hearing described in this notice, or in
written correspondence delivered to the County at, or prior to, the public hearing.
Prior to the hearing, the Department of Conservation and Development staff will
be available on Tuesday, December 19, 2017, at 9:00 a.m. in the Administration
Building, 651 Pine Street, Room 108, Martinez, to meet with any interested parties
in order to (1) answer questions; (2) review the hearing procedures used by the
Board; (3) clarify the issues being considered by the Board. If you wish to attend
this meeting with staff, please call Will Nelson at 925-674-7791, Community
Development Division, by 3:00 p.m. on Monday, December 18, 2017, to confirm
your participation.
Date: 12-04-2017
June McHuen, Deputy Clerk, Clerk of the Board of Supervisors
December 19, 2017 Contra Costa County Board of Supervisors Minutes 77
December 19, 2017 Contra Costa County Board of Supervisors Minutes 78
December 19, 2017 Contra Costa County Board of Supervisors Minutes 79
December 19, 2017Contra Costa County Board of Supervisors Minutes80
December 19, 2017Contra Costa County Board of Supervisors Minutes81
RECOMMENDATION(S):
1. OPEN the public hearing and receive testimony on the Commercial Solar Energy General Plan and Ordinance
Code (Zoning Text) Amendments.
2. CLOSE the public hearing.
3. FIND that the project is exempt from the California Environmental Quality Act (CEQA), pursuant to CEQA
Guidelines Section 15061(b)(3), because it can be seen with certainty that there is no possibility that the project may
have a significant effect on the environment.
4. ADOPT Board Resolution No. 2017/436, amending the General Plan (County File No. GP17-0006) to allow
commercial/distribution-scale solar energy generating facilities in areas with certain land use designations after
approval of a land use permit.
5. ADOPT Ordinance No. 2017-17 to allow commercial/distribution-scale solar energy generating facilities in Light
Industrial, Heavy Industrial, and General Commercial zoning districts after approval of a land use permit.
6. DIRECT the Department of Conservation and Development Director or his designee to file a Notice of Exemption
with the County Clerk.
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 12/19/2017 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: Will Nelson
(925)674-7791
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on
the date shown.
ATTESTED: December 19, 2017
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc:
D.6
To:Board of Supervisors
From:John Kopchik, Director, Conservation & Development Department
Date:December 19, 2017
Contra
Costa
County
Subject:General Plan and Zoning Text Amendments for Commercial Solar Energy Projects
December 19, 2017 Contra Costa County Board of Supervisors Minutes 82
FISCAL IMPACT:
No impact to the General Fund. Costs incurred processing the proposed amendments are covered by the regular
operating budget of the Department of Conservation and Development (DCD) (100% Land Development Funds).
BACKGROUND:
The proposed project consists of a County-initiated General Plan Amendment (GPA) to update the Land Use and
Conservation Elements of the Contra Costa County General Plan 2005-2020 and Ordinance Code Amendment
(aka Zoning Text Amendment [ZTA]) to revise County Ordinance Code Chapters 84-54 and 84-58, to allow
commercial/ distribution-scale solar energy generating facilities with approval of a land use permit (LUP) in the
General Commercial, Light Industrial, and Heavy Industrial zoning districts.
Environmental Review
The proposed project consists of amendments to the County General Plan and Ordinance Code. Such amendments
qualify as projects under CEQA and are therefore subject to environmental review. Staff determined that the
proposed project would not have a significant impact on the environment for the following reasons:
a. In no way would the proposed General Plan and Ordinance Code Amendments grant an entitlement or
approval or a development project with the potential to cause significant environmental impacts;
b. Development projects that may be pursued following adoption of the proposed General Plan and
Ordinance Code Amendments would be subject to their own project-level CEQA review;
c. The proposed General Plan and Ordinance Code Amendments would not increase existing or planned
densities, alter existing development patterns, or allow development to occur in areas where it is currently
prohibited;
d. The proposed General Plan and Ordinance Code Amendments would not affect the physical environment
in any reasonably foreseeable way.
Pursuant to CEQA Guidelines Section 15061(b)(3), the proposed project is exempt from CEQA because it can be
seen with certainty that it would not have a significant effect on the environment.
Discussion
Pursuant to California Government Code Section 65850.5 and guidance provided in the California Solar
Permitting Guidebook published by the Governor’s Office of Planning and Research, DCD staff routinely
approves solar energy projects where the energy produced will be utilized on-site. Most of these projects have
been residential rooftop solar arrays, but some have been located on commercial properties, including a
one-megawatt project at the G3 sand quarry outside Byron.
The County continually receives inquiries from developers of commercial/distribution-scale solar energy facilities
regarding the possibility of constructing such facilities in the unincorporated area. However, neither the General
Plan nor zoning ordinance contains provisions for permitting “commercial” solar energy projects, where the
energy produced will be sold to an off-site purchaser or consumer.
Increasing production of renewable energy within the county is a goal of the County's Climate Action Plan. In
February, 2017 DCD applied to the Strategic Growth Council to receive a grant to study the county's potential for
generating renewable energy from wind, solar, biomass, and biogas resources. The County was awarded a grant
for approximately $49,000 in April 2017. The study will include an opportunities and constraints analysis for
expanding renewable energy generation. This will include an evaluation of underutilized land that may lend itself
to development of renewable energy and an analysis to determine where such development would impact
agriculture, sensitive habitats, job-rich land uses, aesthetically-sensitive areas, transportation, and other land uses.
Based on the results of the opportunities/constraints analysis, the County's consultant will suggest revisions to
current land use policies and regulations to facilitate development of renewable energy resources. DCD expects to
December 19, 2017 Contra Costa County Board of Supervisors Minutes 83
complete the study in the first half of 2018 and then seek Board direction to prepare comprehensive amendments
to the General Plan and zoning code related to renewable energy. These amendments could be pursued in phases,
enabling consideration by the County Planning Commission and Board of Supervisors of initial amendments in
2018.
On June 6, 2017, the Board of Supervisors adopted Ordinance No. 2017-13, implementing community choice
aggregation[1] in the unincorporated area of the county by joining the Marin Energy Authority (also known as
Marin Clean Energy [MCE]).
Joining MCE did not obligate the County to increase renewable energy production within its jurisdiction.
However, an appealing aspect of MCE is it offers customers an energy choice that relies increasingly on
renewable, particularly local renewable, energy sources. The County is in a position to support MCE by
facilitating development of locally-produced renewable energy.
As an interim measure until the aforementioned comprehensive renewable energy amendments are brought before
the Planning Commission and Board of Supervisors, staff has prepared draft amendments to the text of the
General Plan and Ordinance Code that would allow commercial solar energy generating facilities in the General
Commercial, Light Industrial, and Heavy Industrial zoning districts after issuance of a LUP and affirm the
County’s support for the State’s efforts to fulfill the Renewable Portfolio Standard [2] (see Attachments 1 and 2,
respectively). The proposed amendments do not allow for development of commercial solar energy projects in
agricultural areas. Development of these projects in agricultural and rural areas is proposed to be addressed
following completion of the renewable energy study.
This project would affect the areas shown on the map in Attachment 3. The project is limited to commercial and
industrial areas because these areas already tend to be disturbed, often have high electrical demand, tend to be less
environmentally sensitive, and in the case of industry, sometimes include buffer zones that lend themselves to
development of solar energy generating facilities. By requiring LUPs, the County would retain its ability to
modify or deny projects that might be incompatible with neighboring uses or conflict with long-term economic
development goals for commercial and industrial areas.
Staff notes that the Land Use Element’s description of the Heavy Industry land use designation and Ordinance
Code Chapter 84-62 – Heavy Industrial District both refer back to and incorporate their Light Industry/Light
Industrial counterparts. For this reason, solar energy projects may be permitted in light and heavy industrial areas
by amending only the Light Industry and Light Industrial portions of the General Plan and Ordinance Code,
respectively.
Growth Management Program Review Process for General Plan Amendments
The Growth Management Program (GMP) was approved by Contra Costa County voters through adoption of
Measure C-1988 and Measure J-2004. The GMP is designed to help the County, cities, and Contra Costa
Transportation Authority plan for and accommodate the continued increases in population and jobs that are
expected to occur through the year 2035. Incorporated into the GMP is a 16-step process for reviewing proposed
GPAs. Step 1 requires a determination as to whether a proposed GPA would generate 500 or more net new peak
hour vehicle trips and add 50 or more net new vehicle trips to any Route of Regional Significance. GPAs that do
not generate the specified number of vehicle trips are exempt from the GMP review process.
The proposed GPA involves revising the text of the Land Use and Conservation Elements to state that commercial
solar energy generating facilities are allowed in the Commercial, Light Industry, and Heavy Industry land use
designations after issuance of a LUP. Such facilities are low-intensity land uses that employ few people and do
not increase trip generation significantly. As the proposed GPA would not generate the requisite number of
vehicle trips, it is exempt from the GMP review process.
[1] Community choice aggregation allows cities and counties to group individual customers’ purchasing power within a defined jurisdiction to buy energy.
Community choice aggregators are legally defined as electric service providers.
[2] The State’s Renewable Portfolio Standard requires California utilities to obtain at least 33 percent of their electricity from renewable sources by 2020.
December 19, 2017 Contra Costa County Board of Supervisors Minutes 84
County Planning Commission Hearing
The County Planning Commission considered the proposed project at a hearing on November 8, 2017. No public
testimony was given. One letter supporting the project was received prior to the hearing (Attachment 4). The
Commission voted 7-0 to recommend that the Board of Supervisors find the project exempt from the requirements
of CEQA and adopt the proposed amendments.
CONSEQUENCE OF NEGATIVE ACTION:
If the Board decides not to adopt the proposed General Plan and Ordinance Code Amendments, then commercial
solar energy generating facilities will continue to be disallowed in industrial and commercial areas.
CHILDREN'S IMPACT STATEMENT:
N/A
CLERK'S ADDENDUM
Speaker: Marissa Mitchell, Intersect Power. Attachment 1 to Resolution No. 2017/436 The Draft General Plan
Text Amendments , Section 8-M, Renewable Energy Resources Goals, is amended to include the goals for the
year 2030:
8-M. To support the State of California’s efforts to fulfill the Renewable Portfolio Standard (RPS), which requires
utilities to obtain 33% of electricity from renewable energy sources by 2020 and 50% by 2030.
CLOSED the public hearing; FOUND that the project is exempt from the California Environmental Quality
Act (CEQA), pursuant to CEQA Guidelines Section 15061(b)(3); ADOPTED the revised Board Resolution No.
2017/436, amending the General Plan (County File No. GP17-0006) to allow commercial/distribution-scale
solar energy generating facilities in areas with certain land use designations after approval of a land use
permit; ADOPTED Ordinance No. 2017-17 to allow commercial/distribution-scale solar energy generating
facilities in Light Industrial, Heavy Industrial, and General Commercial zoning districts after approval of a
land use permit; and DIRECTED the Department of Conservation and Development Director or his designee
to file a Notice of Exemption with the County Clerk.
AGENDA ATTACHMENTS
Resolution No. 2017/436
Attachment 1 - General Plan Amendment No. GP17-0006
Attachment 2 - Zoning Text Amendment No. ZT17-0004
Attachment 3 - Map of Areas with Commercial, Light Industry, and Heavy Industry General Plan
Land Use Designations
Attachment 4 - Public Comments
Attachment 5 - Notification Materials
MINUTES ATTACHMENTS
Signed Resolution No. 2017_436
Revised Attachment 1
Signed Ordinance 2017-17 Zoning Text Amendment
December 19, 2017 Contra Costa County Board of Supervisors Minutes 85
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
and for Special Districts, Agencies and Authorities Governed by the Board
Adopted this Resolution on 12/19/2017 by the following vote:
AYE:
John Gioia
Candace Andersen
Diane Burgis
Karen Mitchoff
Federal D. Glover
NO:
ABSENT:
ABSTAIN:
RECUSE:
Resolution No. 2017/436
IN THE MATTER OF approving a General Plan Amendment for the Commercial Solar Energy Amendments Project.
WHEREAS, on Tuesday, December 19, 2017, the Board of Supervisors held a public hearing to consider amending the Contra
Costa County General Plan to allow commercial/distribution-scale solar energy generating facilities in areas designated Light
Industry, Heavy Industry, and Commercial (County File No. GP17-0006).
WHEREAS, the proposed General Plan Amendment is part of the third consolidated General Plan Amendment for calendar year
2017.
NOW, THERFORE, the Contra Costa County Board of Supervisors resolves as follows:
1. The Board finds that adoption of General Plan Amendment GP17-0006 is in the public interest, pursuant to California
Government Code Section 65358(a), as it would allow the County to approve commercial/distribution-scale solar energy
generating facilities in certain zoning districts where they are currently disallowed, thereby increasing renewable energy
production and supporting fulfillment of the State's Renewable Portfolio Standard.
2. The Board finds that adoption of General Plan Amendment GP17-0006 is consistent with the existing goals and policies
contained in the General Plan, allowing the General Plan to remain internally consistent, and complies with the requirements of
the Growth Management Program administered by the Contra Costa Transportation Authority.
3. The Board hereby adopts General Plan Amendment GP17-0006, amending the Land Use and Conservation Elements of the
Contra Costa County General Plan to allow commercial/distribution-scale solar energy generating facilities in areas with Light
Industry, Heavy Industry, and Commercial land use designations, as set forth in Attachment 1 to the December 19, 2017, Board
Order authorizing approval of this General Plan Amendment.
Contact: Will Nelson (925)674-7791
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown.
ATTESTED: December 19, 2017
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc:
5
December 19, 2017 Contra Costa County Board of Supervisors Minutes 86
December 19, 2017 Contra Costa County Board of Supervisors Minutes 87
ATTACHMENT 1
General Plan Amendment No. 17-0006
Revisions to the Text of the Land Use and Conservation Elements
December 19, 2017 Contra Costa County Board of Supervisors Minutes 88
DRAFT GENERAL PLAN TEXT AMENDMENTS
RELATED TO COMMERCIAL SOLAR ENERGY GENERATING FACILITES
Proposed text changes are shown in red underline (insertions) and strikeout (deletions).
Land Use Element Section 3.7, Land Use Designations
Commercial/Office/Industrial Uses
a. Commercial (CO)
This designation allows for a broad range of commercial uses typically found in smaller scale
neighborhood, community and thoroughfare commercial districts, including retail and personal
service facilities, limited office and financial uses. Commercial/distribution-scale solar energy
generating facilities are allowed in areas zoned C – General Commercial District after issuance of a
land use permit. The following standards shall apply to uses in this designation:
(1) Maximum site coverage: 40 percent
(2) Maximum building height: 35 feet
(3) Maximum floor area ratio: 1.0
(4) Average employees per gross acre: 160 employees
i. Light Industry (LI)
This designation allows light industrial activities such as processing, packaging, machinery repair,
fabricating, distribution, warehousing and storage, research and development, and similar uses
which emit only limited amounts of smoke, noise, light, or pollutants. Commercial/distribution-scale
solar energy generating facilities are allowed after issuance of a land use permit. The following
standards apply:
(1) Maximum site coverage: 50 percent
(2) Maximum building height: 50 feet
(3) Maximum floor area ratio: 0.67
(4) Average employees per gross acre: 60 employees
Conservation Element Section 8.8, Renewable Energy Resources
Renewable Energy Resources Goals
8-M. To support the State of California’s efforts to fulfill the Renewable Portfolio Standard (RPS),
which requires utilities to obtain 33% of electricity from renewable energy sources by 2020. To
ensure the continued viability of mineral extraction operations which are important to the County's
economy.
Goal 8-M will be relocated from the “Mineral Resources Goals” subsection. The deleted original
text of Goal 8-M will become Goal 8-N and all subsequent goals will be renumbered to now
conclude at Goal 8-AE.
Renewable Energy Resources Policies
8-52. Commercial/distribution-scale solar energy generating facilities may be established in areas
designated Commercial, Light Industry, or Heavy Industry on the Land Use Element Map, after
issuance of a land use permit. Energy recovery projects, e.g. methane recovery from sewage
(biomass), shall be encouraged, subject to adequate environmental protection.
The deleted original text of Policy 8-52 will become Policy 8-53 and all subsequent policies will be
renumbered to now conclude at Policy 8-112.
December 19, 2017 Contra Costa County Board of Supervisors Minutes 89
ATTACHMENT 1
As Revised 12‐19‐2017
General Plan Amendment No. 17‐0006
Revisions to the Text of the Land Use and Conservation Elements
December 19, 2017 Contra Costa County Board of Supervisors Minutes 90
DRAFT GENERAL PLAN TEXT AMENDMENTS
RELATED TO COMMERCIAL SOLAR ENERGY GENERATING FACILITES
Proposed text changes are shown in red underline (insertions) and strikeout (deletions).
Land Use Element Section 3.7, Land Use Designations
Commercial/Office/Industrial Uses
a. Commercial (CO)
This designation allows for a broad range of commercial uses typically found in smaller scale
neighborhood, community and thoroughfare commercial districts, including retail and personal
service facilities, limited office and financial uses. Commercial/distribution-scale solar energy
generating facilities are allowed in areas zoned C – General Commercial District after issuance of a
land use permit. The following standards shall apply to uses in this designation:
(1) Maximum site coverage: 40 percent
(2) Maximum building height:35 feet
(3) Maximum floor area ratio:1.0
(4) Average employees per gross acre:160 employees
i. Light Industry (LI)
This designation allows light industrial activities such as processing, packaging, machinery repair,
fabricating, distribution, warehousing and storage, research and development, and similar uses
which emit only limited amounts of smoke, noise, light, or pollutants. Commercial/distribution-scale
solar energy generating facilities are allowed after issuance of a land use permit. The following
standards apply:
(1) Maximum site coverage: 50 percent
(2) Maximum building height:50 feet
(3) Maximum floor area ratio:0.67
(4) Average employees per gross acre:60 employees
Conservation Element Section 8.8, Renewable Energy Resources
Renewable Energy Resources Goals
8-M. To support the State of California’s efforts to fulfill the Renewable Portfolio Standard (RPS),
which requires utilities to obtain 33% of electricity from renewable energy sources by 2020, and
50% by 2030. To ensure the continued viability of mineral extraction operations which are
important to the County's economy.
Goal 8-M will be relocated from the “Mineral Resources Goals” subsection. The deleted original
text of Goal 8-M will become Goal 8-N and all subsequent goals will be renumbered to now
conclude at Goal 8-AE.
Renewable Energy Resources Policies
8-52. Commercial/distribution-scale solar energy generating facilities may be established in areas
designated Commercial, Light Industry, or Heavy Industry on the Land Use Element Map, after
issuance of a land use permit. Energy recovery projects, e.g. methane recovery from sewage
(biomass), shall be encouraged, subject to adequate environmental protection.
The deleted original text of Policy 8-52 will become Policy 8-53 and all subsequent policies will be
renumbered to now conclude at Policy 8-112.
December 19, 2017 Contra Costa County Board of Supervisors Minutes 91
ATTACHMENT 2
Zoning Text Amendment No. ZT17-0004
Revisions to Ordinance Code Chapters 84-54 and 84-58
December 19, 2017 Contra Costa County Board of Supervisors Minutes 92
ORDINANCE NO. 2017-17
COMMERCIAL SOLAR ENERGY GENERATION FACILITIES
The Contra Costa County Board of Supervisors ordains as follows (omitting the parenthetical
footnotes from the official text of the enacted or amended provisions of the County Ordinance
Code):
SECTION I. SUMMARY. This ordinance amends the County Ordinance Code to allow the
establishment of commercial solar energy generation facilities in the general commercial (C), light
industrial (L-I), and heavy industrial (H-I) districts.
SECTION II. Section 84-54.404 of the County Ordinance Code is amended to read:
84-54.404 Uses–Requiring land use permit. The following uses may be allowed in a C district on
the issuance of a land use permit:
(1) Transit-mix plants;
(2) Motels;
(3) Hotels;
(4) Structures having three or more residential apartment units. Minimum off-street
parking requirements for apartment units shall be as required in Section 84-24.1202;
(5) Nonaccessory signs;
(6) Accessory signs having more than eighty square feet in area, or more than twenty-five
feet in height, or that are rotating, flashing, or animated;
(7) Solar energy generation facilities established for the purpose of generating electricity
for sale to a public or private utility or an off-site consumer;
(8) If a road, having a right-of-way width of fifty-five feet or less, forms the common
boundary between a district of this classification and a district of any residential
classification, no access to property in the district of this classification adjacent to the
common boundary is permitted to or from the road until a land use permit is obtained.
The permit shall be determined by the effects of traffic upon the road occasioned by
use within the district, the characteristics of the adjacent areas, traffic problems,
pedestrian traffic, and other considerations found pertinent to the particular area
concerned. (Ords. 2017-17 § 2, 67-39 § 3, 1967: Ord. 67-27 § 1, 1697: Ords. 2011,
1984, 1781, 1569: prior code § 8161(b): Ords. 1046, 382).
ORDINANCE NO. 2017-17
1
December 19, 2017 Contra Costa County Board of Supervisors Minutes 93
SECTION III. Section 84-58.404 of the County Ordinance Code is amended to read:
84-58.404 Uses–Requiring land use permit. The following uses may be allowed in an L-I district
on the issuance of a land use permit:
(1) All of the uses permitted in the following districts: single-family residential districts,
multiple family residential districts, retail business districts, neighborhood business
districts, general commercial districts, agricultural districts, and forestry recreation
districts.
(2) Solar energy generation facilities established for the purpose of generating electricity
for sale to a public or private utility or an off-site consumer. (Ords. 2017-17 § 3, 67-
39 § 4, 1967: prior code § 8163(a): Ords. 1046, 1006, 382).
SECTION IV. EFFECTIVE DATE. This ordinance becomes effective 30 days after passage, and
within 15 days after passage shall be published once with the names of supervisors voting for or
against it in the Contra Costa Times, a newspaper published in this County.
PASSED on ___________________________, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: DAVID J. TWA, _____________________________
Clerk of the Board of Supervisors Board Chair
and County Administrator
By: ______________________[SEAL]
Deputy
KCK:
H:\Client Matters\2017\DCD\Ordinance No. 2017-17 Commercial Solar Energy Generation Facilities.wpd
ORDINANCE NO. 2017-17
2
December 19, 2017 Contra Costa County Board of Supervisors Minutes 94
December 19, 2017 Contra Costa County Board of Supervisors Minutes 95
December 19, 2017 Contra Costa County Board of Supervisors Minutes 96
ATTACHMENT 3
Areas with Commercial, Light Industry, and Heavy Industry
General Plan Land Use Designations
December 19, 2017 Contra Costa County Board of Supervisors Minutes 97
Map Created on October 18th, 2017Contra Costa County Department of Conservation & Development30 Muir Road, Martinez, CA 9455337:59:41.791N 122:07:03.756W
This map or dataset was created by the Contra Costa County Department of Conservationand Development with data from the Contra Costa County GIS Program.The General Plan Land Use Map categories are valid in Unincorporated Contra Costa County only. Please contact the individual cities for their General Plan Land Uses. This map contains copyrighted information and may not be altered. It may be reproduced in its current state if the source is cited. Users of this map agree to read and accept the County of Contra Costa disclaimer of liability for geographic information.
Prepared by the Department of Conservation and Development
CONTRA COSTA COUNTY CO/LI/HI General Plan Land Use Designations
SANLEANDRO
ALAMEDA
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§¨¦80
§¨¦680
}þ160
§¨¦580§¨¦580
}þ13
}þ24
§¨¦80
§¨¦680
}þ4
}þ4
§¨¦680
}þ4
}þ4
}þ4
567J4
§¨¦80
§¨¦580
§¨¦80
§¨¦680
}þ242
}þ160
}þ24
}þ4
§¨¦880
§¨¦980
BethelIsland
HERCULESPINOLE
RICHMOND
MARTINEZ
CONCORD
PLEASANTHILL
WALNUTCREEKLAFAYETTE
CLAYTON
ANTIOCH
OAKLEY
BRENTWOOD
SANRAMON
DANVILLE
ORINDA
MORAGA
ELCERRITO
SAN PABLO
Kensington
El Sobrante
Rodeo
Crockett
Alamo
Knightsen
DiscoveryBay
Byron
Bay Point
Pacheco
Blackhawk
Diablo
PITTSBURG
Canyon
PortCosta
RICHMOND
Clyde
NorthRichmond
Saranap
ContraCostaCentre
MtView VineHill
TaraHills
MontalvinManor
Bayview
EastRichmond Heights
North Gate
Reliez Valley
AlhambraValley
Rollingwood
ShellRidgeAcalanesRidge
CastleHill
CaminoTassajara
NorrisCanyon
Briones
DoughertyValley
BENICIA
VALLEJO
ALBANY
BERKELEY
OAKLAND
EMERYVILLE
PIEDMONT
SANFRANCISCO
DUBLIN LIVERMORECastroValley
SanPabloBay
SanFranciscoBay
SuisunBay
San Pablo Reservoir
BrionesReservoir
Los Vaqueros Reservoir
CliftonCourtForebay
FranksTractSacramento RiverHonkerBay
San Leandro Reservoir
Carquinez
Strait RiverJoaquinSan
Old RiverBigBreak
LafayetteReservoir
AlamedaCounty
SolonoCounty
SacramentoCounty
SanJoaquinCounty
Mount Diablo State Park
BrionesRegionalPark Wildcat Canyon Regional Park
Tilden Regional Park
CarquinezStrait R.S.
(Future Regional Park)
Keller
Black Diamond MinesRegional Preserve
BrownsIsland
DiabloFoothillsRegionalPark
Las TrampasRegionalWilderness
BishopRanch
Morgan TerritoryRegional Park
Round ValleyRegional Preserve
Marsh CreekState Park
VascoCavesRegionalPark
Byron
JerseyIsland
Redwood Regional Park
CrockettHillsRegionalPreserve
Sibley Volcanic Park
MilitaryOceanTerminalConcord
BuchananField
BradfordIsland
WebbTract
HollandTract
VealeTract
PalmTract
OrwoodTract
ByronTract
ConeyIsland
CampParks
QuimbyIsland
Airport
Canyon
Landfill
ChevronRefinery
PortofRichmond
Contra LomaRegional Park
WinterIsland
CalStateEastBayLimeRidgeOpenSpace
Shell RidgeOpen Space
St.Mary'sCollege
Shell
TesoroGolden Eagle Refinery
Phillips 66Refinery
Point Pinole R.S.
CaldecottTunnel
Former Concord Naval Weapons Station
San Miguel
Refinery
AgriculturalCore
0 3 6 91.5
Miles
6 E
S
W
N
Map includes all amendments through June 2017. For higher detail and the most current designationsplease refer to the county's Maps & GIS website:http://www.contracosta.ca.gov/1818/Maps-GISfor an interactive map and GIS data downloads.
Incorporated AreasANTIOCH
Unincorporated AreasAlamo
General Plan Designations for Land Within Contra Costa County
Urban Limit Line
Incorporated Cities
HI (Heavy Industry)
LI (Light Industry)
CO (Commercial)
December 19, 2017 Contra Costa County Board of Supervisors Minutes 98
ATTACHMENT 4
Public Comments
December 19, 2017 Contra Costa County Board of Supervisors Minutes 99
1
Nov. 7th, 2017
Contra Costa County Planning Commission
30 Muir Road
Martinez, CA 94553
Dear Planning Commissioners,
I enthusiastically support the adoption of general plan and zoning amendments regarding solar
generation facilities (agenda items 4b and 5a, at your Nov. 8th meeting). These actions will
support the Contra Costa County Climate Action Plan (2015), by providing opportunities to build
solar generation facilities that will lower green house gas emissions associated with electric
power generation.
The recent action of the County Board to join a community choice energy (CCE) joint power
authority has further reinforced the need to adopt general plan and zoning amendments for solar
generation facilities, because there will now be a feed-in tariff opportunity that will incentivize
local solar production facilities with favorable rates paid to generators.
During the public process for CCE, there was a great deal of community and Board of
Supervisor support for the development of local solar projects in underutilized industrial sites.
These general plan and zoning amendments are an important step to enable beneficial renewable
energy facilities in our county. Please vote to support these amendments with a favorable
recommendation to the County Board of Supervisors.
Sincerely,
Howdy Goudey
635 Elm St.
El Cerrito, CA 94530
December 19, 2017 Contra Costa County Board of Supervisors Minutes 100
ATTACHMENT 5
Notification Materials
December 19, 2017 Contra Costa County Board of Supervisors Minutes 101
December 19, 2017 Contra Costa County Board of Supervisors Minutes 102
CCT #6074630; Dec. 9, 2017
NOTICE OF A PUBLIC HEARING
Notice is hereby given that on Tuesday, December 19, 2017 at 9:30 a.m. in the
County Administration Building, 651 Pine Street, (Corner of Pine and Escobar
Streets), Martinez, California, the Contra Costa County Board of Supervisors will
hold a public hearing to consider the following planning matter:
AMENDMENT TO THE CONTRA COSTA COUNTY GENERAL PLAN (County File
#GP17-0006): This project is a County-initiated amendment to the text of the Land
Use and Conservation Elements of the 2005-2020 Contra Costa County General
Plan to allow commercial/distribution-scale solar energy generating facilities in
areas designated on the Land Use Element Map as Commercial, Light Industry, or
Heavy Industry, after approval of a land use permit. The subject areas are shown on
the attached map.
If you challenge the project in court, you may be limited to raising only those issues
you or someone else raised at the public hearing described in this notice, or in
written correspondence delivered to the County at, or prior to, the public hearing.
Prior to the hearing, the Department of Conservation and Development staff will
be available on Tuesday, December 19, 2017, at 9:00 a.m. in the Administration
Building, 651 Pine Street, Room 105, Martinez, to meet with any interested parties
in order to (1) answer questions; (2) review the hearing procedures used by the
Board; (3) clarify the issues being considered by the Board. If you wish to attend
this meeting with staff, please call Will Nelson at 925-674-7791, Community
Development Division, by 3:00 p.m. on Monday, December 18, 2017, to confirm
your participation.
Date: 12-04-2017
June McHuen, Deputy Clerk, Clerk of the Board of Supervisors
December 19, 2017 Contra Costa County Board of Supervisors Minutes 103
December 19, 2017 Contra Costa County Board of Supervisors Minutes 104
CCT #6074645; Dec. 9, 2017
NOTICE OF A PUBLIC HEARING
Notice is hereby given that on Tuesday, December 19, 2017 at 9:30 a.m. in the
County Administration Building, 651 Pine Street, (Corner of Pine and Escobar
Streets), Martinez, California, the Contra Costa County Board of Supervisors will
hold a public hearing to consider the following planning matter:
AMENDMENT TO THE CONTRA COSTA COUNTY ZONING ORDINANCE (County
File #ZT17-0006): This project is a County-initiated amendment to the Contra
Costa County Ordinance Code to allow commercial/distribution-scale solar energy
generating facilities in areas zoned Commercial, Light Industrial, or Heavy Industrial
after approval of a land use permit. The subject areas are shown on the map.
If you challenge the project in court, you may be limited to raising only those issues
you or someone else raised at the public hearing described in this notice, or in
written correspondence delivered to the County at, or prior to, the public hearing.
Prior to the hearing, the Department of Conservation and Development staff will
be available on Tuesday, December 19, 2017, at 8:30 a.m. in the Administration
Building, 651 Pine Street, Room 105, Martinez, to meet with any interested parties
in order to (1) answer questions; (2) review the hearing procedures used by the
Board; (3) clarify the issues being considered by the Board. If you wish to attend
this meeting with staff, please call Will Nelson at 925-674-7791, Community
Development Division, by 3:00 p.m. on Monday, December 18, 2017, to confirm
your participation.
Date: 12-06-2017
June McHuen, Deputy Clerk, Clerk of the Board of Supervisors
December 19, 2017 Contra Costa County Board of Supervisors Minutes 105
December 19, 2017 Contra Costa County Board of Supervisors Minutes 106
December 19, 2017 Contra Costa County Board of Supervisors Minutes 107
December 19, 2017Contra Costa County Board of Supervisors Minutes108
December 19, 2017Contra Costa County Board of Supervisors Minutes109
RECOMMENDATION(S):
1. ACCEPT the report from Department of Conservation and Development (DCD) staff on the proposed approach for
updating the Contra Costa County General Plan 2005-2020.
2. ACCEPT public comments.
3. PROVIDE comments and direction on the proposed approach to DCD staff.
FISCAL IMPACT:
The fiscal impact depends on the scope of the General Plan update. In each case, the cost would be spread over a
three-year period.Option 1 is estimated to be in the $1.5 to $2 million range. The cost of Option 1 may be covered
within the DCD operating budget over the next three years. The Land Development Fund could cover a significant
portion of the cost, though the more expensive options would require move funding from other sources. Staff would
seek grant funding to help fund a portion of the work for, particularly for Options 2 or 3, and the department would
also work with the County Administrator to request an allocation of general funds as part of upcoming
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 12/19/2017 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: Will Nelson, (925)
674-7791
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on
the date shown.
ATTESTED: December 19, 2017
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc:
D.7
To:Board of Supervisors
From:John Kopchik, Director, Conservation & Development Department
Date:December 19, 2017
Contra
Costa
County
Subject:Proposed Options for County General Plan Update
December 19, 2017 Contra Costa County Board of Supervisors Minutes 110
FISCAL IMPACT: (CONT'D)
Budget deliberations, to pay a portion of the costs. An update of the Zoning Ordinance is estimated to cost up to $1.5
million. No funding source has been identified for this work, but doing it concurrently with the General Plan update
would result in savings related to environmental review. These cost estimates are the result of preliminary
conversations DCD staff has had with two different general plan/environmental consultants.
BACKGROUND:
Input Requested from Board of Supervisors
The following report provides the Board of Supervisors with information on the process for updating the County
General Plan, which is set to expire in December 2020. The scope of work for this project includes numerous
variables, described in more detail below, that will significantly affect the cost and timeline for completion. As such,
staff hopes to receive the following from this initial report to the Board:
Guidance to inform recruitment of a consultant. This project will require the services of a consultant who
specializes in writing and updating general plans, managing the public outreach and participation aspect of the
process, and completing the required environmental analysis pursuant to the California Environmental Quality
Act (CEQA). Retaining a consultant will be the first major step in the process. To recruit a qualified consultant,
it is necessary for staff to understand the Board's wishes related to the project's scope of work. Staff notes that
the consultants' proposals themselves will inform the scope of work.
Guidance to assist DCD in budget planning for FY 2018/2019 and beyond. As explained herein, staff
anticipates the cost for updating the General Plan will range from approximately $1.5 million to $7 million
depending on the scope of work chosen by the Board.
DCD envisions the General Plan update as a three-year process during which staff will frequently return to the Board
to provide progress reports and seek additional direction. DCD anticipates the first progress report will occur in early
2018 to further discuss project cost, timeline, options for public participation, and consultant selection.
Brief History of the County General Plan
State law requires each city and county in California to prepare and maintain a general plan. A jurisdiction's general
plan serves as its "constitution" for decisions concerning land use planning and expresses a community's long-term
vision for its future development. All decisions on planning matters (rezonings, subdivisions, use permits, etc.) must
be consistent with the adopted general plan.
Preparation of the County General Plan involved an extensive process of public participation and outreach. In early
1986, the County Board of Supervisors established a “General Plan Congress” to advise County staff on revising the
County General Plan [1]. The 67-member General Plan Congress represented a broad range of interests in the
County, including the City Councils from each of the (then) 18 cities in the County, County service districts,
environmental groups, landowners, developers, and public interest groups including the League of Women Voters,
and Citizens for a Better Contra Costa. With assistance from the General Plan Congress, County staff prepared a
draft General Plan in November 1988. After recommending additional changes to that draft, the Congress voted to
pass the draft General Plan on to the County Planning Commission and disband.
In March 1989, the County made a draft of the General Plan available for public review. Between March 1989 and
August 1990, the County Board of Supervisors held numerous public hearings and received extensive written
comments on the March 1989 draft. In response to public comments received, the County then prepared a revised and
updated draft of the General Plan, which was made available for additional public comment and review in October
1990. Between October and December 1990, the County Planning Commission and Board of Supervisors held
additional public hearings on the October 1990 draft. As a result of those comments and passage in November 1990
of Measure C, the 65/35 Contra Costa County Land Preservation Plan, the County again revised the document. The
Board of Supervisors adopted the final document, Contra Costa County General Plan 1990-2005, in January 1991.
In 1996 and again in 2005 the Board of Supervisors adopted a “reconsolidated” General Plan (the 2005
December 19, 2017 Contra Costa County Board of Supervisors Minutes 111
reconsolidation also extended the term of the General Plan from 2010 through 2020). Reconsolidating the General
Plan included the following:
Fully incorporating all previously adopted General Plan Amendments.1.
Updating demographic data and statistics.2.
Deleting descriptive or explanatory text that had become obsolete or outdated.3.
Deleting policies and implementation measures applicable to lands incorporated through 2004. 4.
Deleting outdated references to completed projects.5.
Updating the Land Use Element to reflect lands use plans and planning decisions made by the cities.6.
Updating the Land Use Element Map to reflect land acquisitions by public agencies (e.g., regional parklands)
and significant land areas that had been deed restricted for open space purposes.
7.
Replacing original maps with higher-quality maps prepared using the County's Geographic Information System
(GIS) mapping capabilities.
8.
Correcting errors and omissions in the document's text.9.
The 2005 reconsolidation occurred at what will ultimately be the midpoint of the General Plan's 30-year term. Since
the reconsolidation, the General Plan has been revised through individual amendments affecting relatively small
portions of the document. The only exception to this has been State-mandated updates to the Housing Element, which
most recently occurred in 2014.
State of California General Plan Guidelines
To assist local governments in preparing general plans and facilitate public participation in that process, the
Governor’s Office of Planning and Research (OPR) publishes the General Plan Guidelines (GPG). While the GPG
document is advisory, it closely adheres to statute and case law. From time to time OPR updates the GPG, with the
most recent update released in August 2017. Any substantial update of the General Plan should be generally
consistent with the current version of the GPG.
Transportation and Circulation Element Update
The approach to transportation planning has fundamentally shifted over the past 15+/- years and is likely to continue
shifting, thus necessitating a substantial effort to revise the General Plan Transportation and Circulation Element
(TCE). These fundamental shifts include:
Context Sensitive Planning (2000): An approach to transportation decision-making that takes the surrounding
land uses into consideration.
Complete Streets (2005/2008): Something of a refinement of Context Sensitive Planning, “complete streets” is
an approach to transportation decision-making that requires streets to be planned, designed, constructed, and
operated to accommodate all users (pedestrians, drivers, cyclists, public transportation users, wheelchair users,
etc). Passage of the 2008 California Complete Streets Act established complete streets practices in statute.
Greenhouse Gas-Related Initiatives (2006): The Global Warming Solutions Act (Assembly Bill [AB] 32) and
subsequent Sustainable Communities Act of 2008 (Senate Bill [SB] 375) resulted in the further emphasis of,
among many other things, the importance of active transportation modes.
SB 743 (2013): This bill has a number of significant impacts, three of which are relevant to the General Plan
update and discussed below (final guidance from the State is substantially delayed and has not yet been
adopted):
1. Removal of “level of service” (LOS) metrics from CEQA analysis. This change has created a substantial
amount of dialog and controversy. LOS is a congestion-based approach to managing traffic that has been in use
for decades. In summary, the approach is to prioritize transportation investments that mitigate congestion by
expanding roadway capacity. This approach has many flaws that are widely acknowledged. The replacement
metric was administratively determined to be Vehicle Miles Traveled (VMT). The impact of this particular
change on transportation decision-making cannot be overstated.
Local jurisdictions are free to continue using LOS in their own local policies. If and how the County chooses
to continue using LOS will be considered in this general plan update.
December 19, 2017 Contra Costa County Board of Supervisors Minutes 112
2. Removal of parking impacts in certain settings, as a significant impact in CEQA review: The legislation
included the following language, “…parking impacts of a residential, mixed-use residential, or employment
center project on an infill site within a transit priority area shall not be considered significant impacts on the
environment.”
3. Traffic safety: The substantial attention given to the LOS and parking changes listed above may have
resulted in the safety language in SB 743 not receiving much attention. Despite this lack of attention, this
change could have a significant impact on project review. Historically, traffic safety has not been a part of
CEQA review, SB 743 is likely to change that. The preliminary (again, finalization has been delayed) SB 743
guidance includes the following:
“(3) Local Safety. In addition to a project’s effect on vehicle miles traveled, a lead agency may also
consider localized effects of project-related transportation on safety. Examples of objective factors that
may be relevant may include: (A) Increase exposure of bicyclists and pedestrians in vehicle conflict
areas (i.e., remove pedestrian and bicycle facilities, increase roadway crossing times or distances, etc.).
(B) Contribute to queuing on freeway off-ramps where queues extend onto the mainline. (C) Contribute
to speed differentials of greater than 15 miles per hour between adjacent travel lanes. (D) Increase
motor vehicle speeds. (E) Increase distance between pedestrian or bicycle crossings.
Subsequent to the passage of SB 743, OPR released the 2017 General Plan Guidelines. The Guidelines added an
entirely new section (Appendix B: SB 743 Safety Technical Advisory: Analyzing Safety Impacts Related to
Transportation) which reflects the safety language in SB 743 and the draft SB 743 guidance:
In the past, transportation safety has focused on streamlining automobile flow and accommodating
driver error, sometimes confounding motor vehicle mobility and speed with transportation system safety.
An updated and more holistic approach has developed over the past decade, however. This updated
approach focuses on three overlapping strategies:
Reduce speed and increase driver attention
Protect Vulnerable road users
Reduce overall VMT and sprawl
Other Changes
In addition to the issues discussed above, the following will be addressed in the Transportation and Circulation
Element update:
Impacts of sea level rise on transportation investments and existing infrastructure.
Accommodation of Connected Vehicles & Automated Vehicles (CV/AV): This rapidly evolving field may
require specific policy accommodation.
Transportation Network Companies (TNCs [Lyft, Uber, etc.]): The impacts of these rapidly evolving services
are starting to emerge including unintended consequences (increased congestion in some areas) and heightened
interest in curb management policies due to inexperienced commercial drivers not adhering to traffic laws
when picking up or dropping off passengers.
Unsafe speeds: The evolution of transportation planning described above is likely to continue. The next phase
of this evolution may be to address unsafe speeds. The National Transportation Safety Board (NTSB) recently
released a study, “Reducing Speeding-Related Crashes” which has received a substantial amount of attention.
This study, combined with 1) the new safety elements in the updated OPR General Plan Guidelines, 2) safety
elements of SB 743, and 3) ongoing interest in the public health field, may foreshadow the next phase in
transportation planning.
The Caltrans California Traffic Control Device Committee received a proposal at their November 2, 2017,
meeting to review the Manual of Uniform Traffic Control Devices relative to the Engineering and Traffic Study
procedures. This proposal was brought forward, in part, due to the NTSB report which includes the
recommendation to “remove the guidance that speed limits in speed zones should be within 5 mph of the 85th
percentile speed”. Similar to the LOS discussion above, it is likely that the County will have to consider how to
respond to this change in longstanding policy in the near future.
Evolution of public transit: The pressure from TNCs (and eventually CV/AV technology) is likely to result
December 19, 2017 Contra Costa County Board of Supervisors Minutes 113
substantial changes in how public transit is administered and operated. While the County has no direct role in
the provision of public transit, the service is addressed in the General Plan.
SB 1000 (2016): Land use: general plans: safety and environmental justice: This legislation further expands on
the complete streets concept:
(2) (A) Commencing January 1, 2011, upon any substantive revision of the circulation element, the legislative
body shall modify the circulation element to plan for a balanced, multimodal transportation network that meets
the needs of all users of streets, roads, and highways for safe and convenient travel in a manner that is suitable
to the rural, suburban, or urban context of the general plan.
Growth Management Element Update
Passage of the Measure J transportation sales tax in 2004 extended and revised policies originally established by
passage of Measure C-1988. In response, the Contra Costa Transportation Authority (CCTA) revised the Growth
Management Program Implementation Guide to incorporate the Measure J changes. CCTA member jurisdictions
were then requested to update their growth management elements (GMEs) to reflect the new policies in Measure J.
In consultation with CCTA, the County chose not to update its GME in favor of a more efficient approach of using a
Measure C-to-Measure J “correspondence table” that illustrate's how the existing GME is consistent with the
requirements of Measure J. This decision was made citing: 1) the existing Measure C-compliant GME was consistent
with the new Measure J policies, and 2) considering that existing policies were sufficient, the simpler approach would
be a more efficient use of the County’s limited resources. The correspondence table was added to the General Plan in
2016.
However, as the County is undertaking a more comprehensive update to the General Plan that will likely require
substantial revisions to the GME, it would now be appropriate to more precisely reflect CCTA's preferred GME
language. Furthermore, and possibly most significantly, the GME contains LOS policies and standards no longer
required under Measure J or CEQA. As discussed earlier, with this General Plan update, the County will be
considering if and how to continue using LOS.
Proposed Options for Updating the County General Plan
By the time the General Plan is set to expire in December 2020, 30 years will have elapsed since its original adoption.
For the most part the document's goals and policies reflect the planning philosophy of the late 1980s and early 1990s,
which encouraged low-density, sprawl-type development. However, as explained above, the approach to land use and
transportation planning in California is changing rapidly, primarily because of the State's focus on reducing
greenhouse gas emissions. The emphasis now is on infill, densification (especially in proximity to transit stops),
mixed uses, greater reliance on public transportation, and alternatives to single-occupancy vehicles. The objective of
this General Plan update should be to produce a document that is accurate and philosophically current. DCD staff
proposes following three basic options for updating the General Plan.
Option 1: Comprehensive Clean-up
Option 1 involves a basic work program similar to the 1996 and 2005 reconsolidations described above. This option
focuses on bringing the General Plan up to date. Option 1 would include the nine items described in the
reconsolidation discussion above, for the period from 2005-2020, along with the following additional suggested
tasks:
Revising the document as necessary to achieve consistency with the recently updated General Plan Guidelines.1.
Rewriting the Transportation and Circulation Element as discussed above.2.
Rewriting the Growth Management Element as discussed above.3.
Addressing environmental justice as required by SB 1000.4.
Incorporating relevant information related to Plan Bay Area and other regional initiatives, such as the Bay
Conservation and Development Commission's Adapting to Rising Tides Program.
5.
Incorporating the Delta Protection Commission's updated Land Use and Resource Management Plan for the
Primary Zone of the Delta.
6.
December 19, 2017 Contra Costa County Board of Supervisors Minutes 114
Incorporating the County's Community Climate Action Plan adopted in December 2015.7.
Incorporating the County's updated Local Hazard Mitigation Plan , on track for adoption in 2018.8.
Option 1 is best characterized as a comprehensive General Plan clean-up. This option includes items that are either
required by statute or local initiative, or simply necessary to bring the document up to date. The narrative text, data,
statistics, and maps would be revised and made current. Policy changes would generally be limited to those necessary
for the General Plan to be consistent with adopted statutes, the updated GPG, and updated regional plans. The
General Plan's format, appearance, and organization would essentially remain unchanged. Under this option the
General Plan would be factually current, but still somewhat stale philosophically. Staff estimates the cost associated
with Option 1, including environmental review, to be approximately in the $1.5 million to $2 million range.
Option 2: Major Overhaul and Incorporating Additional Topics
Option 2, the staff recommended option, builds on the work program described for Option 1. This option includes all
items described under Option 1 plus the following suggested tasks:
Addressing additional topic areas such as economic development, community health, sustainability, or other
topics as the Board sees fit. These topics could either be addressed in new General Plan elements or integrated
into the existing elements. Certain topics may lend themselves to one approach over the other.
1.
Adjusting the Urban Limit Line (ULL) to exclude properties acquired by certain public agencies or where
development restrictions limit the land to open space or conservation uses. Examples include lands purchased
by East Bay Regional Park District and Contra Costa Water District, and private lands under agricultural
conservation easements. Such contractions of the ULL are allowed pursuant to Measure L-2006.
2.
Updating the Land Use Element to facilitate development of denser, mixed-use neighborhoods and
communities where appropriate, and address a number of deficiencies that unnecessarily complicate the
development process.
3.
In cooperation with Municipal Advisory Councils (MACs) and local community organizations, creating
community profiles and vision statements for various unincorporated communities and planning areas. These
statements would succinctly describe the character and long-term vision for these areas, providing guidance for
project applicants and decision-makers.
4.
Revising the document's organization and numbering convention to simplify integration of future amendments
and improve overall usability.
5.
The five items listed under Option 2 are staff suggestions and "voluntary" in that they are not statutorily required.
This list may be augmented as the Board desires. However, including these items in the final work program would be
good planning practice and yield an up-to-date General Plan addressing a broader range of contemporary planning
issues. The document would also have a more modern appearance and be more user-friendly. Staff estimates the cost
associated with Option 2, including environmental review, to be approximately in the $2 million to $4 million range.
The main cost variable is which, and how many, additional topic areas would be addressed under this option.
Option 3: New County General Plan
Option 3 entails preparation of an entirely new General Plan; however, staff views this option as potentially
unnecessary. Independent of the legislation discussed above, county residents have approved four local initiatives
(Measure C-1988, Measure C-1990, Measure J-2004, and Measure L-2006) that form the foundation of land use and
transportation planning policy in Contra Costa County. Measure C-1988 established a one-half cent sales tax to fund
transportation projects and programs, and instituted the Growth Management Program (GMP), which links planning
for growth and development to transportation. Measure C-1990 created the original County ULL and the 65/35 Land
Preservation Standard, which limits urban development to no more than 65 percent of the land in the county.
Measure J-2004 extended the half-cent transportation sales tax through 2034 and amended the GMP to, among other
things, require all 19 cities and towns to adopt either the County’s ULL or their own. Measure L-2006 extended the
term of the County ULL through 2026. Together these initiatives created a strong countywide planning framework
that focuses development pressure toward existing communities, coordinates land use and transportation policy, and
preserves almost two-thirds of the land in the county for non-urban uses. The General Plan, despite being outdated in
many respects, remains consistent with these voter-approved initiatives. Furthermore, the General Plan cannot deviate
from the requirements of these initiatives, meaning a new document would necessarily be similar to the existing
December 19, 2017 Contra Costa County Board of Supervisors Minutes 115
document in terms of its foundational principles and policies.
Staff estimates the cost associated with Option 3, including environmental review, to be up to $7,000,000. In staff's
opinion, updating the County Zoning Code would be a more effective use of the County's limited resources.
Updating the County Zoning Code
The County Zoning Code (County Ordinance Code Title 8) is the primary tool for implementing the General Plan,
and by law, must be consistent with the General Plan.
The County Zoning Code was originally adopted in 1947, when the county population was slightly under 300,000,
heavy industry was still prevalent in West County and along the waterfront, the suburbs of Central County were just
beginning to develop, and agriculture was by far the dominant land use in East County. The original version of the
Zoning Code reflected these conditions, particularly in its permissiveness of certain heavy industrial and agricultural
uses, such as refineries, explosives plants, and stockyards. However, while Contra Costa subsequently transformed
into a largely suburban county with over 1,100,000 residents, the Zoning Code never underwent a comprehensive
review and update to address this reality. Instead it has been updated piecemeal to comply with State legislation and
address local issues as they've arisen. This approach has resulted in a compendium of somewhat outdated regulations
that are complicated and difficult to administer, and fail to adequately address many contemporary planning issues.
The Zoning Code's cumbersome processes are also a potential hindrance to economic development. In staff's opinion,
addressing the Zoning Code's deficiencies would be an effective complement to the effort to update the General Plan.
DCD staff estimates that an adequate update of the Zoning Code would cost up to $1.5 million. Staff anticipates
completing most of the work in-house, though a consultant's assistance may be necessary for certain technical aspects
and completion of the CEQA review.
Environmental Review
The General Plan update will be subject to review under CEQA. DCD staff has determined that an environmental
impact report (EIR) will be the appropriate level of review, regardless of which option the Board chooses. EIRs are
comprehensive documents addressing a broad range of environmental subject areas. Preparation of a complete and
legally-adequate EIR requires numerous technical studies assessing potential environmental impacts related to air
quality, biology, greenhouse gas emissions, noise, traffic, utilities, and a host of other topics. The EIR process also
includes significant opportunity for public involvement, particularly in the form of submitting comments on the
adequacy of the draft EIR document. Substantial cost will be incurred responding to these comments, which is a
requirement of CEQA. Staff anticipates that completing the CEQA process will account for approximately 50 percent
or more of the total cost for updating the General Plan.
Public Outreach and Participation
Updating the General Plan necessarily involves significant public outreach and participation in addition to the public
agency consultation that is required by statute. The nature and extent of this public outreach will depend greatly on
the work program ultimately chosen by the Board. Public outreach will involve community meetings and workshops,
public hearings, utilization of social media, and any other methods as directed by the Board. Staff notes that this work
significantly impacts the budget (the cost estimates above assume an ambitious public outreach effort proportional to
each proposed option).
Timeline
As noted above, the General Plan is set to expire in December 2020, leaving three years to complete the update. Staff
will be able to provide a project timeline once the Board decides on the details of the work program. However, the
first step in the process, which DCD hopes to complete by the end of April 2018, will be to select a consultant to
assist with updating the General Plan and preparing the EIR.
Conclusion
December 19, 2017 Contra Costa County Board of Supervisors Minutes 116
Staff is requesting direction from the Board on the approach for updating the County General Plan. Given the time
constraint, estimated cost, and necessity of also updating the County Zoning Code, it is staff's opinion that the work
program described for Option 2 represents the most efficient use of County resources.
[1] At the time the General Plan Congress was convened, the General Plan was not a single document. Instead it
consisted of a number of separately bound plans for various areas and communities throughout the county.
CONSEQUENCE OF NEGATIVE ACTION:
There is no immediate consequence. The purpose of this report is to provide an update to the Board of Supervisors
and seek direction.
CLERK'S ADDENDUM
ACCEPTED the report from Department of Conservation and Development (DCD) staff on the proposed
approach for updating the Contra Costa County General Plan 2005-2020; CHOSE Option 2 as the approach to
update the General Plan; and DIRECTED staff to proceed with a Request for Proposals to select a consultant to
assist with updating the General Plan and preparing the Environmental Impact Report.
December 19, 2017 Contra Costa County Board of Supervisors Minutes 117
RECOMMENDATION(S):
ADOPT Traffic Resolution No. 2017/4464 to prohibit parking at all times on the east side of Alves Lane (Road No.
5384A), beginning at a point 28 feet north of the centerline of Winterbrook Drive (Road No. 5385BY) and
continuing northerly for 50 feet, and thence beginning at a point 28 feet south of the centerline of Winterbrook Drive
(Road No.5385BY) and continuing southerly for 60 feet, as recommended by the Interim Public Works Director, Bay
Point area.
FISCAL IMPACT:
No fiscal impact.
BACKGROUND:
The Public Works Traffic Engineering Section received multiple safety complaints from Winterbrook Drive residents
about limited sightlines for motorists entering Alves Lane from Winterbrook Drive. An investigation was conducted
in November 2017. The investigation included measuring sightlines and a check of collision data. Sightlines were
found to be limited, particularly due to the location of Winterbrook Drive on the inside curve of Alves Lane. This,
along with data showing a higher than expected collision rate in the vicinity of the intersection resulted in a
conclusion that prohibiting parking on the north and southeast corners of the intersection would improve sightlines
and traffic safety.
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 12/19/2017 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: Monish Sen, (925)
313-2187
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on
the date shown.
ATTESTED: December 19, 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 19, 2017
Contra
Costa
County
Subject:Adopt Traffic Resolution to prohibit parking on a portion of Alves Lane (Road No. 5384A), Bay Point area. (District
V)
December 19, 2017 Contra Costa County Board of Supervisors Minutes 118
CONSEQUENCE OF NEGATIVE ACTION:
Parking will remain unrestricted.
AGENDA ATTACHMENTS
Traffic Resolution
MINUTES ATTACHMENTS
Signed: Traffic Resolution No. 4464
December 19, 2017 Contra Costa County Board of Supervisors Minutes 119
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Traffic Resolution on December 19, 2017 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN: RESOLUTION NO. 2017/4464
Supervisorial District V
TRAFFIC RESOLUTION NO. 2017/4464
SUBJECT: Prohibit parking at all times on a portion of Alves Lane (Road No. 5384A),
Bay Point area. (District V)
The Contra Costa County Board of Supervisors RESOLVES that:
Based on the recommendations by the County Public Works Department’s Transportation
Engineering Division and pursuant to County Ordinance Code Sections 46-2.002 – 46-2.012, the
following traffic regulation is established:
Pursuant to Section 22507 and 21458 of the California Vehicle Code, parking is
hereby declared to be prohibited at all times on the east side of Alves Lane (Road
No. 5384A), beginning at a point 28 feet north of the centerline of Winterbrook
Drive (Road No. 5385BY) and continuing northerly for 50 feet, and thence
beginning at a point 28 feet south of the centerline of Winterbrook Drive (Road
No.5385BY) and continuing southerly for 60 feet, Bay Point area.
MO:dw
Orig. Dept.: Public Works (Traffic)
Contact: Monish Sen (925-313-2187)
c: California Highway Patrol
Sheriff’s Department
G:\transeng\BOARD ORDERS\2017\ALVES LANE\TR Alves Ln no parking
I hereby certify that this is a true and correct copy of an
action taken and entered on the minutes of the Board of
Supervisors on the date shown.
ATTESTED:
DAVID TWA, Clerk of the Board of Supervisors and
County Administrator
By ,
Deputy
December 19, 2017 Contra Costa County Board of Supervisors Minutes 120
December 19, 2017 Contra Costa County Board of Supervisors Minutes 121
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: 12/19/2017 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 19, 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 19, 2017
Contra
Costa
County
Subject:CONTINUE the emergency action for the Morgan Territory Road Slide Repair project, Clayton area.
December 19, 2017 Contra Costa County Board of Supervisors Minutes 122
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 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 was repaved on December 1, 2017, in accordance with the signed License
Agreement. The County utilized the existing contract with Granite Rock Company to repave Leon Drive. The
existing bridge on Leon Drive will be inspected to determine whether any damage occurred to it during its use by the
County as a temporary detour and public access in accordance with the signed License Agreement. The emergency
action will be continued until the a determination is made on the condition of the Leon Drive Bridge and final
inspection of improvements to Leon Drive are completed in accordance with the License Agreement.
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 19, 2017 Contra Costa County Board of Supervisors Minutes 123
RECOMMENDATION(S):
ADOPT Resolution No. 2017/438 approving and authorizing the Interim Public Works Director, or designee, to
execute the Maintenance Agreement between Contra Costa County and the Round Hill Estates North Property
Owners Association, Inc., a California corporation, to memorialize the maintenance of two as-built entryway
monuments, as recommended by the Interim Public Works Director, Alamo area.
FISCAL IMPACT:
No fiscal impact. Round Hill Estates North Property Owners Association, Inc., will assume the obligation and cost of
maintaining the monuments adjacent to Biltmore Drive.
BACKGROUND:
Two as-built entryway monuments were originally constructed in the early 1980s together with the development of
Round Hill Estates North. Round Hill Estates North Property Owners Association submitted an application for a
building permit for the monuments in 2015 and it was decided to memorialize the maintenance of the structures by
requiring a maintenance agreement with Contra Costa County, which should have been done when they were
originally constructed. Both monuments were built adjacent to the edge of Biltmore
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 12/19/2017 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: Ken Dahl, (925) 313-2351
I hereby certify that this is 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 19, 2017
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Stacey M. Boyd, Deputy
cc: J. LaRocque, Ken Dahl, RHEN HOA c/o Hudson Management Co., Wendel, Rosen, Black & Dean LLP
C. 3
To:Board of Supervisors
From:Brian M. Balbas, Interim Public Works Director/Chief Engineer
Date:December 19, 2017
Contra
Costa
County
Subject:Approve the Maintenance Agreement between Round Hill Estates North Property Owners Association, Inc., and
Contra Costa County
December 19, 2017 Contra Costa County Board of Supervisors Minutes 124
BACKGROUND: (CONT'D)
Drive roadway because they are decorative elements to highlight the entrance to the community, and are intended
to be highly visible to motorists. The Department of Conservation and Development issued a variance
(VR15-1054) to also clarify the existing and future limits of the entry monument. Execution of this maintenance
agreement is a condition of approval of this variance.
CONSEQUENCE OF NEGATIVE ACTION:
The Agreement will not be approved and the monuments adjacent to Biltmore Drive will not be maintained and
the County will not be indemnified.
AGENDA ATTACHMENTS
Resolution No. 2017/438
Maintenance Agreement
MINUTES ATTACHMENTS
Signed: Resolution No. 2017/438
December 19, 2017 Contra Costa County Board of Supervisors Minutes 125
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
and for Special Districts, Agencies and Authorities Governed by the Board
Adopted this Resolution on 12/19/2017 by the following vote:
AYE:
John Gioia
Candace Andersen
Diane Burgis
Karen Mitchoff
Federal D. Glover
NO:
ABSENT:
ABSTAIN:
RECUSE:
Resolution No. 2017/438
IN THE MATTER OF: The Maintenance Agreement between Contra Costa County and the Round Hill Estates North Property
Owners Association, Inc., a California corporation, Alamo area. (District II)
WHEREAS: the Interim Public Works Director has recommended that he be authorized to execute the Maintenance Agreement
between Contra Costa County and the Round Hill Estates North Property Owners Association, Inc., a California corporation.
This agreement would ensure the maintenance of the monuments adjacent to Biltmore Drive which is located in the Alamo area.
NOW, THEREFORE, BE IT RESOLVED that the recommendation of the Interim Public Works Director is APPROVED.
Contact: Ken Dahl, (925) 313-2351
I hereby certify that this is 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 19, 2017
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Stacey M. Boyd, Deputy
cc: J. LaRocque, Ken Dahl, RHEN HOA c/o Hudson Management Co., Wendel, Rosen, Black & Dean LLP
5
December 19, 2017 Contra Costa County Board of Supervisors Minutes 126
December 19, 2017 Contra Costa County Board of Supervisors Minutes 127
December 19, 2017 Contra Costa County Board of Supervisors Minutes 128
December 19, 2017 Contra Costa County Board of Supervisors Minutes 129
December 19, 2017 Contra Costa County Board of Supervisors Minutes 130
December 19, 2017 Contra Costa County Board of Supervisors Minutes 131
RECOMMENDATION(S):
APPROVE and AUTHORIZE the Chief Engineer, Flood Control and Water Conservation District, or designee, to
execute, on behalf of the Contra Costa Clean Water Program, a contract amendment with EOA, Inc., to extend the
contract termination date from December 31, 2017 to December 31, 2018, with no change to the payment limit, for
continued support with compliance with mandated federal and state stormwater rules contained in National Pollutant
Discharge Elimination System Permits issued by the San Francisco Bay and Central Valley Regional Water Quality
Control Boards, Countywide. Project No. 6X7620.
FISCAL IMPACT:
No fiscal impact.
BACKGROUND:
The Contra Costa Clean Water Program (the “CCCWP”) consists of Contra Costa County, its 19 incorporated
cities/towns, and the Contra Costa County Flood Control and Water Conservation District (hereinafter 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 stormwater discharges under the National Pollutant Discharge Elimination System (“NPDES”) Permit
Program. The United States Environmental
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 12/19/2017 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: Crystal O'dell
925.313-2194
I hereby certify that this is 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 19, 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 19, 2017
Contra
Costa
County
Subject:Approve a Contract Amendment with EOA, Inc., for Additional Trash Plan Assistance, Countywide.
December 19, 2017 Contra Costa County Board of Supervisors Minutes 132
BACKGROUND: (CONT'D)
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 (the “MS4s”) they own and
operate. Through the CCCWP, Permittees conduct many of the mandated activities collectively (referred to as
“Group Activities”), 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.
The Management Committee has directed that certain requirements of the Municipal NPDES Permits, such as
development and implementation of Long-Term Trash Load Reduction Plans, be planned and coordinated as a Group
Activity. EOA, Inc., has been providing necessary technical services to help Permittees comply with the Trash Load
Reduction requirements in the Permits. To ensure compliance with the requirements, Permittees require additional
assistance from EOA, Inc.
CCCWP staff, on behalf of the Permittees, respectfully request approval of this contract amendment with EOA, Inc.,
for the remainder of the contract term through December 31, 2018.
CONSEQUENCE OF NEGATIVE ACTION:
If the contract amendment with EOA, Inc., is not approved, the CCCWP Permittees may not be able to fulfill the
permit mandates, and could be found in non-compliance with the NPDES permits issued by the Water Boards. Fines
totaling $10,000 per day and $10 per gallon of stormwater discharge could potentially be imposed.
December 19, 2017 Contra Costa County Board of Supervisors Minutes 133
RECOMMENDATION(S):
APPROVE and AUTHORIZE the Director of Airports, or designee, to EXECUTE, on behalf of the County, a
lease amendment between the County, as lessor, and Pacific States Aviation, Inc., as tenant. Pacheco Area (District
IV).
FISCAL IMPACT:
There is no negative impact on the General Fund. The proposed amendment will increase the size of the premises,
which will increase monthly rent paid to the Airport Enterprise Fund by $4,932. The proposed amendment will also
increase the property, sales and possessory interest tax revenues paid to the General Fund under this lease.
BACKGROUND:
The existing lease between the County and Pacific States Aviation, Inc. (PSA) dates back to February 28, 2006. The
address of the currently leased premises is 51 John Glenn
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 12/19/2017 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 19, 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:Keith Freitas, Airports Director
Date:December 19, 2017
Contra
Costa
County
Subject:APPROVE AND AUTHORIZE SECOND AMENDMENT TO AMENDED AND RESTATED LEASE WITH
PACIFIC STATES AVIATION, INC.
December 19, 2017 Contra Costa County Board of Supervisors Minutes 134
BACKGROUND: (CONT'D)
Drive, which is located at Buchanan Field Airport (Site 1). Site 1 consists of approximately 5.9 acres. Under the
lease, PSA provides a full-service fixed-base operation at the site.
Under the proposed amendment, the leased premises will be expanded to include approximately 3.58 acres of
additional space located at Buchanan Field at 101 John Glenn Drive (Site 2). Site 2, which is adjacent to Site 1,
has an approximately 50-year old building with three hangar bays and office space. PSA currently rents the
majority of the office space at Site 2 for its flight training academy. The rest of the office space and one of the
hangars are rented by the County to five different tenants under license agreements. Two of the three hangar bays
(one with adjoining office space) are vacant.
The County has owned and managed Site 2 since October 2014, when the former tenant’s lease ended. In June
2017, PSA wrote to the County asking that the County consider a long-term lease of Site 2 to PSA. In response,
Airport staff conducted a competitive solicitation process for the long-term use of Site 2 and received two
complete proposals. On October 24, 2017, the Board authorized staff to negotiate a lease with the one of the two
parties that submitted a proposal in priority ranked order. PSA was the top-ranked party in the solicitation process.
This lease amendment will provide PSA with additional office, hangar, and ramp space. The added space will
enable Pacific States Aviation, Inc. to expand its flight school, other general aviation, and aviation-related
services. All services provided are consistent with the Airport Master Plan for Buchanan Field Airport.
The existing license agreements between the County and the other tenants of Site 2 will be terminated. It is
anticipated that those tenants will remain at their current locations, under sublease agreements with PSA.
CONSEQUENCE OF NEGATIVE ACTION:
Delay in approving the lease amendment will preclude the expansion of general aviation aircraft facilities and
services plus it will negatively impact the Airport Enterprise Fund and County General Fund.
ATTACHMENTS
Amendment
December 19, 2017 Contra Costa County Board of Supervisors Minutes 135
December 19, 2017 Contra Costa County Board of Supervisors Minutes 136
December 19, 2017 Contra Costa County Board of Supervisors Minutes 137
December 19, 2017 Contra Costa County Board of Supervisors Minutes 138
December 19, 2017 Contra Costa County Board of Supervisors Minutes 139
December 19, 2017 Contra Costa County Board of Supervisors Minutes 140
December 19, 2017 Contra Costa County Board of Supervisors Minutes 141
December 19, 2017 Contra Costa County Board of Supervisors Minutes 142
December 19, 2017 Contra Costa County Board of Supervisors Minutes 143
December 19, 2017 Contra Costa County Board of Supervisors Minutes 144
December 19, 2017 Contra Costa County Board of Supervisors Minutes 145
December 19, 2017 Contra Costa County Board of Supervisors Minutes 146
December 19, 2017 Contra Costa County Board of Supervisors Minutes 147
December 19, 2017 Contra Costa County Board of Supervisors Minutes 148
December 19, 2017 Contra Costa County Board of Supervisors Minutes 149
December 19, 2017 Contra Costa County Board of Supervisors Minutes 150
December 19, 2017 Contra Costa County Board of Supervisors Minutes 151
December 19, 2017 Contra Costa County Board of Supervisors Minutes 152
December 19, 2017 Contra Costa County Board of Supervisors Minutes 153
December 19, 2017 Contra Costa County Board of Supervisors Minutes 154
December 19, 2017 Contra Costa County Board of Supervisors Minutes 155
December 19, 2017 Contra Costa County Board of Supervisors Minutes 156
December 19, 2017 Contra Costa County Board of Supervisors Minutes 157
December 19, 2017 Contra Costa County Board of Supervisors Minutes 158
December 19, 2017 Contra Costa County Board of Supervisors Minutes 159
December 19, 2017 Contra Costa County Board of Supervisors Minutes 160
December 19, 2017 Contra Costa County Board of Supervisors Minutes 161
December 19, 2017 Contra Costa County Board of Supervisors Minutes 162
December 19, 2017 Contra Costa County Board of Supervisors Minutes 163
December 19, 2017 Contra Costa County Board of Supervisors Minutes 164
December 19, 2017 Contra Costa County Board of Supervisors Minutes 165
December 19, 2017 Contra Costa County Board of Supervisors Minutes 166
RECOMMENDATION(S):
DENY claims filed by Brian Apodaca, Joseph Augustine, Esma Cleave – Cleave Family Trust(2), CSAA for
Frederick W. Good, Jose De Jesus Munoz Gallo, Timothy J. Murphy, Vidovation Corporation and John Woolery.
DENY late claim filed by Andy Li.
FISCAL IMPACT:
No fiscal impact.
BACKGROUND:
Brian Apodaca: Personal injury claim for a trip and fall in an amount to exceed $100,000.
Joseph Augustine: Personal injury claim for bus accident in an amount to exceed $25,000.
Esma Cleave –Cleave Family Trust: Property claim for damage to property in an amount greater than $10,000.
CSAA for Frederick W. Good: Property claim for damage to vehicle in the amount of $1,311.98
J.G., a minor: Personal injury claim for incident at a school in an amount to exceed $10,000.
Timothy Murphy: Property claim for damage to vehicle in the amount of $350.
Vidovation Corporation: Property claim for damage to electronic equipment in the amount of $6,961.81
John
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 12/19/2017 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 19, 2017
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Stephanie Mello, Deputy
cc:
C. 6
To:Board of Supervisors
From:David Twa, County Administrator
Date:December 19, 2017
Contra
Costa
County
Subject:Claims
December 19, 2017 Contra Costa County Board of Supervisors Minutes 167
BACKGROUND: (CONT'D)
Woolery: Personal injury claim for negligence in County facility in the amount of $250,000.
Andy Li: Request that Board of Supervisors accept a late claim.
December 19, 2017 Contra Costa County Board of Supervisors Minutes 168
RECOMMENDATION(S):
APPROVE and AUTHORIZE the County Counsel, or designee, to execute, on behalf of the County and the Contra
Costa County Water Agency, a joint defense agreement with Solano County, in connection with their shared protest
filed in the State Water Resources Control Board’s California WaterFix Project proceeding.
FISCAL IMPACT:
The agreement provides that each of the parties will pay for one half of the cost of the shared expert’s work on behalf
of both parties. The parties will be responsible for paying their own attorneys’ fees and costs. (100% Water Agency
Funds)
BACKGROUND:
This board order seeks authorization for the County Counsel, or designee, to execute an agreement to protect the
privileged nature of communications and attorney work product
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 12/19/2017 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: Stephen M. Siptroth,
(925) 335-1817
I hereby certify that this is 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 19, 2017
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Stephanie Mello, Deputy
cc: County Counsel
C. 7
To:Board of Supervisors
From:Sharon L. Anderson, County Counsel
Date:December 19, 2017
Contra
Costa
County
Subject:Joint Defense Agreement Re: WaterFix Project State Wat. Res. Control Bd. Proceeding
December 19, 2017 Contra Costa County Board of Supervisors Minutes 169
BACKGROUND: (CONT'D)
while the County and Contra Costa County Water Agency cooperate with Solano County in the WaterFix project
water rights proceeding before the State Water Resources Control Board.
The Contra Costa parties and Solano County filed protests against the Department of Water Resources’ and Bureau
of Reclamation’s joint water rights change petition related to the California WaterFix project. The Contra Costa
parties and Solano County have shared interests in the proceeding, and the parties protested the WaterFix water rights
change petition on similar grounds. Part 2 of the State Board proceeding begins in January 2018. In Part 2 of the
proceeding, the parties will present their joint case-in-chief in opposition to the change petition. The parties will be
relying on the same expert witness, who will present expert testimony on behalf of the Contra Costa parties and
Solano County.
The joint defense agreement will be executed on behalf of the two counties and the water agency. The agreement
authorizes the parties to share privileged communications and documents to advance their common interests in the
proceeding. The agreement also confirms that the costs for the expert’s work on behalf of both parties will be split
evenly between the two parties. Costs for work the expert performs exclusively for the benefit of one party will be
paid by that party. Both parties have separately contracted with the expert for his services.
CONSEQUENCE OF NEGATIVE ACTION:
There would be no agreement regarding the sharing of privileged documents and communications in this proceeding.
December 19, 2017 Contra Costa County Board of Supervisors Minutes 170
RECOMMENDATION(S):
As the governing body of the Contra Costa County Flood Control and Water Conservation District, AUTHORIZE the
County Counsel, or designee, to extend the joint defense and cost share agreement between the District and the City
of Antioch related to the lawsuit Contra Costa County Flood Control and Water Conservation District v. Gary A.
Eames, et al. (Contra Costa Co. Super. Ct. Case No. C15-02052), as deemed necessary by the Chief Engineer, or
designee, to facilitate the litigation, and to execute the agreement on the District’s behalf.
FISCAL IMPACT:
The District’s appraiser charges $200 per hour for appraisal services and $300 per hour for giving deposition and
court testimony. The City will reimburse the District for one half of the appraiser’s fees incurred in the litigation.
BACKGROUND:
The Contra Costa County Flood Control and Water Conservation District and the City of Antioch are currently
parties to a joint defense agreement pertaining to an eminent domain action captioned
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 12/19/2017 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: Stephen M. Siptroth, Deputy
County Counsel, 335-1817
I hereby certify that this is 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 19, 2017
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Stephanie Mello, Deputy
cc:
C. 8
To:Board of Supervisors
From:Sharon L. Anderson, County Counsel
Date:December 19, 2017
Contra
Costa
County
Subject:Approve amendment to joint defense confidentiality agreement related to Contra Costa County Flood Control and
Water Conservation District v. Eames
December 19, 2017 Contra Costa County Board of Supervisors Minutes 171
BACKGROUND: (CONT'D)
Contra Costa County Flood Control and Water Conservation District v. Gary A. Eames, et al. (Contra Costa Co.
Super. Ct. Case No. C15-02052). The District and the City are named defendants in a cross-complaint for inverse
condemnation filed by the defendants in that litigation. The joint defense agreement allows the District and the City to
share privileged information that pertains to their joint defense of the cross-complaint without waiving any applicable
privileges. The joint defense agreement also provides that the District and the City will designate the same expert
appraiser to opine on valuation, and the agencies agreed that each would pay one-half of the appraiser’s charges for
services performed between May 1, 2017, and October 31, 2017. That cost-share period ended shortly before trial
was set to begin on November 5, 2017.
Trial has been continued to June 11, 2018, and that trial date may be subject to change in the future. The appraiser
may continue to perform services on behalf of the District and the City until the litigation ends. The District and the
City desire to continue their cost-share arrangement for the appraiser’s work. The joint defense agreement will be
amended to extend the cost-share period based on this new trial date, and the Chief Engineer, or designee, may agree
to additional extensions of the cost-share period.
District staff and the County Counsel’s Office recommend that the Board of Supervisors approve extensions of the
cost-share provision in the joint defense agreement.
CONSEQUENCE OF NEGATIVE ACTION:
If the Board of Supervisors does not approve the amendment to the joint defense confidentiality agreement, the
cost-share agreement for the appraiser’s work will not be extended beyond October 31, 2017, and the City will need
to contract directly with the appraiser for any appraiser services it requires.
December 19, 2017 Contra Costa County Board of Supervisors Minutes 172
RECOMMENDATION(S):
ACCEPT Board members meeting reports for November 2017.
FISCAL IMPACT:
No fiscal impact.
BACKGROUND:
Government Code section 53232.3(d) requires that members of legislative bodies report on meetings attended for
which there has been expense reimbursement (mileage, meals, lodging ex cetera). The attached reports were
submitted by the Board of Supervisors members in satisfaction of this requirement. District V has nothing to report.
CONSEQUENCE OF NEGATIVE ACTION:
The Board of Supervisors will not be in compliance with Government Code 53232.3(d).
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 12/19/2017 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 19, 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:David Twa, County Administrator
Date:December 19, 2017
Contra
Costa
County
Subject:ACCEPT Board members meeting reports for November 2017
December 19, 2017 Contra Costa County Board of Supervisors Minutes 173
ATTACHMENTS
District II November 2017 Report
District III November 2017
Report
District I November 2017 Report
District IV November 2017
Report
December 19, 2017 Contra Costa County Board of Supervisors Minutes 174
Supervisor Candace Andersen – Monthly Meeting Report November 2017
Date Meeting Location
1 Headstart Meeting Concord
1 Mental Health San Ramon
2 San Ramon Leadership San Ramon
2 Lafayette Rotary Lafayette
2 Mayors’ Conf Moraga
6 CCCTA Concord
7 Board of Supervisors Martinez
8 CCCERA Concord
8 LAFCO Martinez
8 Racial Justice Forum Danville
9 EBLC Philanthropy Awards Danville
9 Industrial Assoc Luncheon Pleasant Hill
11 Veterans Ceremonies Moraga/WC
13 Family & Human Services Martinez
14 Board of Supervisors Martinez
15 CCTA Walnut Creek
14 - 16 CCCERA Conference San Francisco
16 ABAG Oakland
17 Lafayette Community Event Lafayette
21 CCCERA Pleasant Hill
27 - 30 CSAC Conference Sacramento
December 19, 2017 Contra Costa County Board of Supervisors Minutes 175
Date Meeting Name Location
1-Nov
Site Tour with LAFCO Executive Director, Lou Ann
Texeira Brentwood
1-Nov Constituent Meeting Brentwood
1-Nov Constituent Meeting Brentwood
1-Nov
CSB Annual Board of Supervisors and Policy
Council Joint Training Concord
2-Nov
Meeting with Bay Conservation and Development
Commission Martinez
2-Nov Meeting with Federal Lobbyiest, Paul Schlesinger Martinez
2-Nov
Meeting with Department of Conservation and
Development Martinez
2-Nov Constituent Meeting Brentwood
3-Nov Alameda-Contra Costa Medical Association Event Berkeley
4-Nov John Muir Health 4th Annual Gala Concord
6-Nov
Meeting with Contra Costa County Historical
Society Martinez
6-Nov Meeting with Public Defenders' Association Martinez
6-Nov Somersville Towne Center Tour Antioch
7-Nov Board of Supervisors Meeting Martinez
7-Nov
Transportation, Water & Infrastructure Committee
Meeting Martinez
8-Nov Meeting with East Bay Regional Park District Martinez
8-Nov Meeting with County Administrator, David Twa Martinez
8-Nov Meeting with DC Solar Freedom Martinez
8-Nov LAFCO Meeting Martinez
9-Nov
Phone Meeting with East Contra Costa Fire
Protection District Board Member, Bob Kenny Brentwood
9-Nov
Phone Meeting with Delta Protection Commission
Exexcutive Director, Erik Vink Brentwood
9-Nov
Phone Meeting with East Contra Costa Fire
Protection District Board Member, Cheryl Morgan Brentwood
9-Nov Internal Operations Committee Martinez
15-Nov
Meeting with Department of Conservation and
Development Brentwood
17-Nov Phone Meeting with Delta Counties Coalition Brentwood
18-Nov Brentwood's 35th Annual Holiday Parade Brentwood
19-Nov East Contra Costa County Historical Society Event Bethel Island
Supervi s or Di ane Burgi s - November 2017 AB1234 Report
( Gover nment Code Sect i on 53232. 3( d) r equi r es t hat member s l egi s l at i ve
bodi es r epor t on meet i ngs at t ended f or whi ch t her e has been expens e
r ei mbur s ement ( mi l eage, meal s , l odgi ng, et c) .
December 19, 2017 Contra Costa County Board of Supervisors Minutes 176
21-Nov Racial Justice Task Force Community Forum Antioch
22-Nov Meeting with Brentwood City Manager, Gus Vina Brentwood
28-Nov CSAC Conference Sacramento
29-Nov CSAC Conference Sacramento
30-Nov CSAC Conference Sacramento
30-Nov Delta Caucus Hearing Sacramento
30-Nov
CCBSA Reception for Association Honorees and
Installation of 2018 Officers Sacramento
* Reimbursement may come from an agency other than Contra Costa County
December 19, 2017 Contra Costa County Board of Supervisors Minutes 177
Purpose
Business Meeting
Business Meeting
Business Meeting
Business Meeting
Business Meeting
Business Meeting
Business Meeting
Business Meeting
Community Outreach
Community Outreach
Business Meeting
Business Meeting
Business Meeting
Business Meeting
Business Meeting
Business Meeting
Business Meeting
Business Meeting
Business Meeting
Business Meeting
Business Meeting
Business Meeting
Business Meeting
Business Meeting
Business Meeting
Community Outreach
Community Outreach
Supervi s or Di ane Burgi s - November 2017 AB1234 Report
( Gover nment Code Sect i on 53232. 3( d) r equi r es t hat member s l egi s l at i ve
bodi es r epor t on meet i ngs at t ended f or whi ch t her e has been expens e
r ei mbur s ement ( mi l eage, meal s , l odgi ng, et c) .
December 19, 2017 Contra Costa County Board of Supervisors Minutes 178
Community Outreach
Business Meeting
Business Meeting
Business Meeting
Business Meeting
Business Meeting
Community Outreach
* Reimbursement may come from an agency other than Contra Costa County
December 19, 2017 Contra Costa County Board of Supervisors Minutes 179
Supervisor John Gioia
November – 2017 Monthly Meeting Statement
Government Code section 53232.3(d) requires that members of legislative bodies
report on meetings attended for which there has been expense reimbursement
(mileage, meals, lodging, etc.).
1. Meeting Date: November 3, 2017
Meeting: San Francisco Restoration Authority & Wetlands Tour
Location: San Francisco, CA
2. Meeting Date: November 29 & 30th 2017
Meeting: CSAC Annual Meeting
Location: Sacramento, CA
Supervisor Gioia sought reimbursement from the County for meetings that he
attended in his capacity as a County Supervisor during the month of November,
2017.
December 19, 2017 Contra Costa County Board of Supervisors Minutes 180
Supervisor Karen Mitchoff
November 2017
DATE MEETING NAME LOCATION PURPOSE
11/1/17 BAAQMD Board Meeting San FranciscoDecisions on agenda items
11/3/17 ABAG Legislation Committee Meeting San FranciscoDecisions on agenda items
11/7/17 Board of Supervisors Meeting Martinez Decisions on agenda items
11/8/17 ABAG Meeting San FranciscoDecisions on agenda items
11/9/17 TRANSPAC Meeting Pleasant Hill Decisions on agenda items
11/9/17 Mtg w/Grand Jury Martinez Community Outreach
11/11/17 Walnut Creek Veteran's Day Ceremony Walnut Creek Community Outreach
11/14/17 Board of Supervisors Meeting Martinez Decisions on agenda items
11/15/17 BAAQMD Board Meeting San FranciscoDecisions on agenda items
11/15/17 CCTA Authority Board Meeting Walnut Creek Decisions on agenda items
11/16/17 ABAG Meetings San FranciscoDecisions on agenda items
11/21/17 Winter Preparedness Press Conference Martinez Community Outreach
11/27/17 DCC In-Person Meeting Sacramento Water Advocacy
11/28/17 CSAC Conference Sacramento Annual Conference
December 19, 2017 Contra Costa County Board of Supervisors Minutes 181
RECOMMENDATION(S):
INTRODUCE Ordinance Code 2017-24 amending the County Ordinance Code Section 33-5.313 to exclude from the
Merit System the classification of County Compliance and HIPAA Privacy Officer-Exempt, WAIVE Reading and Fix
January 9, 2018, for adoption.
FISCAL IMPACT:
There is no fiscal impact with this action.
BACKGROUND:
The Health Services Department is requesting to exclude from the Merit System the classification of County
Compliance and HIPAA Privacy Officer-Exempt. The County Compliance and HIPAA Privacy Officer-Exempt is
given a high-level authority and critical nature of the classification, and its senior policy setting role not just for the
Health Services Department but for other county departments such as County Counsel, Auditor-Controller, Human
Resources, Public Works, and Risk Management which are affected by the Health Information Portability and
Accountability Act. Per the Board Order approved by the Board of Supervisors in April of 2003, the HIPAA Privacy
Officer is responsible for overseeing a HIPAA compliance
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 12/19/2017 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: Dorette McCollumn,
(925) 957-5240
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the
Board of Supervisors on the date shown.
ATTESTED: December 19, 2017
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Stephanie Mello, Deputy
cc:
C. 10
To:Board of Supervisors
From:William Walker, M.D., Health Services Director
Date:December 19, 2017
Contra
Costa
County
Subject:Introduce Ordinance Code 2017-24 Amending the County Ordinance Code
December 19, 2017 Contra Costa County Board of Supervisors Minutes 182
BACKGROUND: (CONT'D)
program to ensure processes are implemented to maintain compliance with Federal and State laws related to the
privacy, security, confidentiality, and protection of information resources and health care information. This single
position classification is charged with developing and administering a county-wide training program and serves as
an independent body to review and evaluate all compliance issues. It also serves as the internal resource to receive
and direct concerns to appropriate stakeholders for investigation and resolution of privacy matters.
CONSEQUENCE OF NEGATIVE ACTION:
This classification will not be exempt from the County Merit System, which is needed to ensure the County's
HIPAA standards and practices are in compliance with federal and state laws.
ATTACHMENTS
Ordinance Code 2017-24
December 19, 2017 Contra Costa County Board of Supervisors Minutes 183
December 19, 2017 Contra Costa County Board of Supervisors Minutes 184
December 19, 2017 Contra Costa County Board of Supervisors Minutes 185
December 19, 2017 Contra Costa County Board of Supervisors Minutes 186
December 19, 2017 Contra Costa County Board of Supervisors Minutes 187
RECOMMENDATION(S):
RE-APPOINT the following individual to the District V seat on the Countywide Bicycle Advisory Committee to a
term ending December 31, 2020, as recommended by Supervisor Federal D. Glover:
Bruce "Ole" Ohlson
FISCAL IMPACT:
None.
BACKGROUND:
The duties of the Countywide Bicycle Advisory Committee are to provide input to the County and the cities of the
County on bicycle projects for Transportation Development Act (TDA) funds to construct bicycle/pedestrian projects
and also provide advice to cities and the County on bicycle planning matters. The Countywide Bicycle Advisory
Committee meets once a year to advise the County and the cities on which projects should be a priority for
application of Transportation Development Act Funds.
CONSEQUENCE OF NEGATIVE ACTION:
The position would remain vacant.
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 12/19/2017 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: Vincent Manuel (925)
335-8200
I hereby certify that this is 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 19, 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:Federal D. Glover, District V Supervisor
Date:December 19, 2017
Contra
Costa
County
Subject:RE-APPOINT Bruce "Ole" Ohlson to the Countywide Bicycle Advisory Committee
December 19, 2017 Contra Costa County Board of Supervisors Minutes 188
RECOMMENDATION(S):
ACCEPT the resignation of Gary Grey, DECLARE a vacancy in the Consumer 60 Years or Older Seat 1 on the
In-Home Supportive Services Public Authority Advisory Committee, 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:
The Board established the In-Home Supportive Services (IHSS) Public Authority Advisory Committee in March
1998. Its purpose is to serve in an advisory capacity to the IHSS Public Authority Governing Board, Contra Costa
County Board of Supervisors, IHSS Public Authority staff and administration of In-Home Supportive Services.
Mr. Gray resigned from the Consumer 60 Years or Older Seat 1 on the In-Home Supportive Services Public
Authority Advisory Committee on November 21, 2017. He was appointed to the seat on March 25, 2014 with an
expiration date of March 6, 2018.
CONSEQUENCE OF NEGATIVE ACTION:
The In-Home Supportive Services Public Authority Advisory Committee will be unable to fill the seat vacated by
Mr. Gray.
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 12/19/2017 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 19, 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:Kathy Gallagher, Employment & Human Services Director
Date:December 19, 2017
Contra
Costa
County
Subject:Resignation from In-Home Supportive Services Public Authority Committee
December 19, 2017 Contra Costa County Board of Supervisors Minutes 189
RECOMMENDATION(S):
RE-APPOINT Sharon L. Anderson to be County Counsel of this County, effective December 19, 2017, for the term
prescribed by Government Code section 27641: WAIVE requirements of Government Code section 24001 for this
appointment and find that the best interests of the County are and will be served by this waiver.
FISCAL IMPACT:
This reappointment has no fiscal impact.
BACKGROUND:
Sharon L. Anderson was appointed as Contra Costa County Counsel on December 19, 2009. This action reappoints
Ms. Anderson to a third term and waives the requirement of county residency for the appointment of this county
officer, as authorized by Government Code section 27641.1
CONSEQUENCE OF NEGATIVE ACTION:
There will not be a formal reappointment to this position.
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 12/19/2017 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
925-335-1815
I hereby certify that this is 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 19, 2017
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Stacey M. Boyd, Deputy
cc: Wanda McAdoo
C. 13
To:Board of Supervisors
From:Federal D. Glover, District V Supervisor
Date:December 19, 2017
Contra
Costa
County
Subject:County Counsel Reappointment
December 19, 2017 Contra Costa County Board of Supervisors Minutes 190
RECOMMENDATION(S):
REAPPOINT the following individual to the District 3 seat on the County Planning Commission with a term expiring
June 30, 2021, as recommended by Supervisor Diane Burgis.
Duane Steele
Discovery Bay, CA 94505
FISCAL IMPACT:
None.
BACKGROUND:
The term for this seat expired June 30, 2017. Applications were accepted and the recommendation to reappoint
Duane Steele was then determined.
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 12/19/2017 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: Lea Castleberry, (925)
252-4500
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors
on the date shown.
ATTESTED: December 19, 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:Diane Burgis, District III Supervisor
Date:December 19, 2017
Contra
Costa
County
Subject:REAPPOINTMENT TO COUNTY PLANNING COMMISSION
December 19, 2017 Contra Costa County Board of Supervisors Minutes 191
RECOMMENDATION(S):
Approve the medical staff reappointments, as recommended by the Medical Staff Executive Committee, at their
October 4, 2017 meeting, and by the Health Services Director.
FISCAL IMPACT:
Not applicable.
BACKGROUND:
The Joint Commission on Accreditation of Healthcare Organizations has requested that evidence of Board of
Supervisors' approval for each Medical Staff member will be placed in his or her Credentials File. The above
recommendations for appointment/reappointment were reviewed by the Credentials Committee and approved by the
Medical Executive Committee.
CONSEQUENCE OF NEGATIVE ACTION:
If this action is not approved, the Contra Costa Regional Medical and Health Centers' medical staff would not be
appropriately credentialed and in compliance with the Joint Commission on Accreditation of Healthcare
Organizations.
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 12/19/2017 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 19, 2017
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Stacey M. Boyd, Deputy
cc: Tami Sloan, Marcy Wilhelm, Tasha Scott
C. 15
To:Board of Supervisors
From:William Walker, M.D., Health Services Director
Date:December 19, 2017
Contra
Costa
County
Subject:Medical Staff Appointments and Reappointments – October 4, 2017
December 19, 2017 Contra Costa County Board of Supervisors Minutes 192
ATTACHMENTS
Attachment
December 19, 2017 Contra Costa County Board of Supervisors Minutes 193
MEC Recommendations – MONTH Definitions: A=Active
C=Courtesy Aff=Affliate P/A= Provisional Active P/C= Provisional Courtesy Page 1
A. Biennial Reappointments
David Marinoff A
David Pepper A
Lisa Rodelo A
Maulik Shah C
Jeffrey Stern C
Priyanka Tulshian A
Peter Ureste A
Christina Wong A
Danny Wu C
B. Biennial Reappointment for Teleradiologist (VRAD)
Justin Boe, MD vRad
Adam Hecht, MD vRad
Neil Staib, MD vRad
December 19, 2017 Contra Costa County Board of Supervisors Minutes 194
RECOMMENDATION(S):
REAPPOINT the following individual to the Integrated Pest Management (IPM) Committee:
Carlos Agurto, Pestec IPM Provider, resident of Antioch 94531, to the Structural Pest Management Contractor seat
with a term expiring December 31, 2019.
APPOINT the following individual to the IPM Committee:
Gretchen Logue, resident of Pleasanton 94588 (Unincorporated Contra Costa County, Tassajara Valley), to the
Sustainability Commission seat with a term expiring December 31, 2019.
FISCAL IMPACT:
Not applicable.
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 12/19/2017 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: Randy Sawyer,
925-335-3210
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors
on the date shown.
ATTESTED: December 19, 2017
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Stacey M. Boyd, Deputy
cc: Tanya Dirlik, Tasha Scott, Marcy Wilhelm
C. 16
To:Board of Supervisors
From:William Walker, M.D., Health Services Director
Date:December 19, 2017
Contra
Costa
County
Subject:Appointments to the Integrated Pest Management Committee
December 19, 2017 Contra Costa County Board of Supervisors Minutes 195
BACKGROUND:
Carlos Agurto’s term on the IPM Advisory Committee ends on December 31, 2017 and the IPM Advisory
Committee is recommending to reappoint him in his current seat of Structural Pest Management Contractor.
On March 7, 2017, the Board redesignated the Public and Environmental Health Advisory Board seat on the IPM
Committee to a seat for a representative from the newly formed Sustainability Commission. At the Sustainability
Commission’s October 23, 2017 meeting, Gretchen Logue, alternate member of the Sustainability Commission, was
nominated for the seat on the IPM Advisory Committee.
Current IPM Advisory Committee Membership (per the Committee’s bylaws):
Four (4) ex-officio,
non-voting
members:
Agricultural Commissioner, or designee
Public Works Facilities Maintenance Manager, or
designee
Public Works Deputy Director, or designee
Current Structural Pest Management contractor with the
Public Works Facilities Maintenance Division
Eight (8) voting
members:
Two (2) ex-officio members:
Health Services Department representative
County/Unincorporated County Storm Water
Program representative
Six (6) public members:
Sustainability Commission representative
County Fish and Wildlife Committee representative
Three (3) Type 2, "At Large Appointments"
One (1) Type 3, "At Large Appointment," for an
environmental organization with either 501(c)(3) or
501(c)(4) status
One (1) Type 3, "At Large Appointment" for a
Public Member - Alternate
December 19, 2017 Contra Costa County Board of Supervisors Minutes 196
RECOMMENDATION(S):
Appoint the following individual to the District V seat on the Family and Children's Trust Committee for a term to
expire on September 30, 2019 as recommended by Supervisor Federal D. Glover.
Deborah McGrath
FISCAL IMPACT:
None.
BACKGROUND:
The Family and Children’s Trust Committee (FACT) was established in 1985 by the Contra Costa County Board of
Supervisors to make funding recommendations on the allocation of specific funds for the prevention and treatment of
child abuse and neglect and supportive services for families and children. Funding for FACT supported projects
derived from federal and state program legislation, and donations to the County’s Family and Children’s Trust Fund.
CONSEQUENCE OF NEGATIVE ACTION:
The position would remain vacant.
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 12/19/2017 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: Vincent Manuel (925)
335-8200
I hereby certify that this is 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 19, 2017
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Stacey M. Boyd, Deputy
cc:
C. 17
To:Board of Supervisors
From:Federal D. Glover, District V Supervisor
Date:December 19, 2017
Contra
Costa
County
Subject:APPOINT Deborah McGrath to the District V Seat for the Family and Children's Trust Committee
December 19, 2017 Contra Costa County Board of Supervisors Minutes 197
RECOMMENDATION(S):
APPOINT Dean E. Barbieri to the Member of the Bar seat on the Contra Costa County Public Law Library Board of
Trustees to a one year term commencing January 1, 2018 and ending on December 31, 2018.
BACKGROUND:
The Public Law Library Board of Trustees was established by State law and County Ordinance to maintain a law
library in Martinez and a branch library in Richmond. The Board of Trustees is the governing body for the Law
Library with the authority to determine personnel, fiscal, and administrative policies to fulfill the legal information
needs of the community. The Internal Operations Committee annually reviews the appointment to the Member of the
Bar seat, which term expires each December 31.
Nolan Armstrong, the incumbent, has been nominated to fill a different Law Library Board seat that is recommended
by the Chair of the Board of Supervisors.
Staff opened a recruitment for the Member of the Bar seat (see attached media release) and received two applications,
from Richard Frankel and Dean E. Barbieri. The Internal Operations Committee interviewed both highly qualified
candidates and recommends the appointment of Dean E. Barbieri. Applications, letters of interest, resumes, and
letters of recommendation that were provided by both candidates are attached hereto for reference.
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 12/19/2017 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 19, 2017
, County Administrator and Clerk of the Board of Supervisors
By: Stacey M. Boyd, Deputy
cc: IOC Staff, Law Library, Dean E. Barbieri
C. 18
To:Board of Supervisors
From:INTERNAL OPERATIONS COMMITTEE
Date:December 19, 2017
Contra
Costa
County
Subject:APPOINTMENT TO THE CONTRA COSTA COUNTY PUBLIC LAW LIBRARY BOARD OF TRUSTEES
December 19, 2017 Contra Costa County Board of Supervisors Minutes 198
ATTACHMENTS
Law Library Recruitment Media Release
Candidate Application_Richard Frankel_Law Library Bd of Trustees
Candidate Application_Dean Barbieri_Law Library Bd of Trustees
Letter of Recommendation_Dean Barbieri
December 19, 2017 Contra Costa County Board of Supervisors Minutes 199
Contra Costa County
County Administrator’s Office • 651 Pine Street • Martinez, CA 94553 • www.co.contra-costa.ca.us
Media Release
FOR IMMEDIATE RELEASE Contact: Julie DiMaggio Enea
Wednesday, October 18, 2017 Phone: (925) 335-1077
Email: julie.enea@cao.cccounty.us
WOULD YOU LIKE TO SERVE ON THE
CONTRA COSTA COUNTY PUBLIC LAW LIBRARY
BOARD OF TRUSTEES ?
The Contra Costa County Board of Supervisors is seeking applicants for the Public Law
Library Board of Trustees. The Board of Trustees was established pursuant to State law
and County Ordinance to maintain a law library in Martinez and a branch library in
Richmond. The Board of Trustees is the governing body for the Law Library with the
authority to determine personnel, fiscal, and administrative policies to fulfill the legal
information needs of the community. County residents who are members of the State
Bar and have an interest in public policy and library administration are encouraged to
apply for this non-paid volunteer opportunity. The County Board of Supervisors will
appoint to fill one vacancy for a one-year term ending on December 31, 2018. The
Board of Trustees normally meets on the last Thursday of the month at 12:15 p.m. in
Martinez.
Application forms can be obtained from the Clerk of the Board of Supervisors by calling
(925) 335-1900 or by visiting the County webpage at www.co.contra-costa.ca.us.
Applications should be returned to the Clerk of the Board of Supervisors, Room 106,
County Administration Building, 651 Pine Street, Martinez, CA 94553 no later than
Monday, November 20, 2017 by 5 p.m. Applicants should plan to be available for public
interviews in Martinez on Monday, December 11, 2017. More information about the
Contra Costa Public Law Library can be obtained by calling Carey Rowan at (925) 646-
2783 or visiting the Law Library website at http://www.cccpllib.org.
# # # #
December 19, 2017 Contra Costa County Board of Supervisors Minutes 200
Submit Date: Nov 08, 2017
Seat Name (if applicable)
First Name Middle Initial Last Name
Email Address
Home Address Suite or Apt
City State Postal Code
Primary Phone
Employer Job Title Occupation
Contra Costa County Boards & Commissions
Application Form
Profile
Which Boards would you like to apply for?
Public Law Library Board of Trustees (BOS appointee): Submitted
This application is used for all boards and commissions
Do you, or a business in which you have a financial interest, have a contract with Contra
Costa Co.?
Yes No
Is a member of your family (or step-family) employed by Contra Costa Co.?
Yes No
Education History
Richard A Frankel
Walnut Creek CA 94598
self attorney
Richard A Frankel Page 1 of 6
December 19, 2017 Contra Costa County Board of Supervisors Minutes 201
If "Other" was Selected Give Highest Grade or
Educational Level Achieved
Name of College Attended
Course of Study / Major
Units Completed
Degree Type
Date Degree Awarded
Name of College Attended
Course of Study / Major
Units Completed
Select the highest level of education you have received:
Other
College/ University A
Type of Units Completed
Semester
Degree Awarded?
Yes No
College/ University B
J.D.
School of Law, JFK University
J.D.
120
J.D.
1982
UC - Davis
Pol Sci
180
Richard A Frankel Page 2 of 6
December 19, 2017 Contra Costa County Board of Supervisors Minutes 202
Degree Type
Date Degree Awarded
Name of College Attended
Course of Study / Major
Units Completed
Degree Type
Date Degree Awarded
Course Studied
Type of Units Completed
Quarter
Degree Awarded?
Yes No
College/ University C
Type of Units Completed
None Selected
Degree Awarded?
Yes No
Other schools / training completed:
BA
1972
Richard A Frankel Page 3 of 6
December 19, 2017 Contra Costa County Board of Supervisors Minutes 203
Hours Completed
Dates (Month, Day, Year) From - To
Hours per Week Worked?
Position Title
Dates (Month, Day, Year) From - To
Hours per Week Worked?
Certificate Awarded?
Yes No
Work History
Please provide information on your last three positions, including your current one if you are
working.
1st (Most Recent)
Volunteer Work?
Yes No
Employer's Name and Address
Self employed , Walnut Creek, CA
Duties Performed
Advice and counsel regarding business and employment law.
2nd
May 2015 - 12/31/17
30
attorney
January 2012 - present
20
Richard A Frankel Page 4 of 6
December 19, 2017 Contra Costa County Board of Supervisors Minutes 204
Position Title
Dates (Month, Day, Year) From - To
Hours per Week Worked?
Position Title
Volunteer Work?
Yes No
Employer's Name and Address
Spiraledge, Inc. 1919 Bascom Avenue, #200 Campbell, CA 95008
Duties Performed
general oversight for legal issues
3rd
Volunteer Work?
Yes No
Employer's Name and Address
Duties Performed
Final Questions
general counsel
Richard A Frankel Page 5 of 6
December 19, 2017 Contra Costa County Board of Supervisors Minutes 205
If "Other" was selected please explain
How did you learn about this vacancy?
Other
. Do you have a Familial or Financial Relationship with a member of the Board of
Supervisors?
Yes No
If Yes, please identify the nature of the relationship:
Do you have any financial relationships with the County such as grants, contracts, or other
economic relations?
Yes No
If Yes, please identify the nature of the relationship:
My wife is retired from Contra Costa County (risk management).
CCCBA email
Richard A Frankel Page 6 of 6
December 19, 2017 Contra Costa County Board of Supervisors Minutes 206
December 19, 2017 Contra Costa County Board of Supervisors Minutes 207
December 19, 2017 Contra Costa County Board of Supervisors Minutes 208
December 19, 2017 Contra Costa County Board of Supervisors Minutes 209
December 19, 2017 Contra Costa County Board of Supervisors Minutes 210
Supervisor Candace Andersen and Supervisor Diane Burgis
Internal Operations Committee
Contra Costa County Board of Supervisors
651 Pine Street
Marti nez, CA 94553
November 30, 2017
Dear Supervisor Andersen and Supervisor Burg is:
It gives me great pleasure to recommend Dean Barbieri for
appointment to fill the upcoming vacant seat on the Contra Costa
County Public Law Library's Board of Trustees. I have known Mr.
Barbieri for approximately two years and am keenly aware of his
contributions to the field of law, legal education, and pub lic service .
I first met Dean Barbieri when we discussed the possibility of my
teaching a seminar in advanced evidence at JFK Law School Since that
time, I have taught that course and courses in the philosophy of
punishment and in statutory interpretation. These courses were
designed to meet the needs of law students who were, for the most
part, working full time. Accordingly, these courses were offered on
weekends. The Dean 's encouragement in providing these courses is
part of his commitment to accommodating the restrictive schedules of
many of JFK's students and his desire to provide broad access to
diverse courses.
It is his work with law libraries that perhaps most qualifies him to sit
on the county law library board. In recent years a new normal has
emerged for law libraries in California. County law libraries have all
been forced to make difficult decisions in the face of ongoing budget
cuts, and our library is no exception.
10 2 0 Wa r d S tree t , 1st F l oo r • Ma r t i n ez, C ali fo rni a 9 4 553 -1360
Ph o n e: (925) 6 4 6-2783 • Fax: (925 ) 646 -243 8 • www.ccc p lli b .or g
December 19, 2017 Contra Costa County Board of Supervisors Minutes 211
Now more than ever, proper leadership is critical for the survi val of
these valuable institutions and their ongoing service to the people of
Contra Costa County. Members of the Board of Trustees constantly
grapple with the challenge of working within the confines of very real
budget constraints, yet ensuring that the people we are pledged to
serve have the resources they need to access justice.
Dean Barbieri can bring to the seat an excellent knowledge of
oversight of a law library. He has served as the Dean of JFK University
College of Law since 2010, and this assignment includes governance of
the university law library. His expertise in this area will help the board
move the law library in the proper di r ection . He will help the board
and law library staff meet its primary goal : service to the public by
providing legal materials to all who need them .
Please do not hesitate to contact me if you have any questions.
Judge of the Superior Court
County of Contra Costa
Trustee
Contra Costa County Public Law Library
2
December 19, 2017 Contra Costa County Board of Supervisors Minutes 212
RECOMMENDATION(S):
APPROVE Appropriation and Revenue Adjustment No.5037 authorizing an adjustment to Child Welfare Services
(Org 0502) and CalWORKS (Org 0504) expenditure budgets as part of the Department's FY 17/18 Budget
Rebalance.
FISCAL IMPACT:
This action will adjust the expenditure budgets to more accurately reflect budgetary requirements for Child Welfare
Services and CalWORKS assistance costs for FY 17/18. The net effect is an increase to Child Welfare expenditures
of $211,065 and a decrease to CalWORKS expenditures of $211,065. There are no revenue adjustments needed and
there is no additional net county cost.
BACKGROUND:
The Employment and Human Services Department, as part of the FY 17/18 budget rebalancing, has identified the
need for corrections to the FY 17/18 budget to more properly align the expenditure expectations for FY 17/18.
CONSEQUENCE OF NEGATIVE ACTION:
Appropriations will not be properly allocated.
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 12/19/2017 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 19, 2017
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Stacey M. Boyd, Deputy
cc:
C. 19
To:Board of Supervisors
From:Kathy Gallagher, Employment & Human Services Director
Date:December 19, 2017
Contra
Costa
County
Subject:EHSD Appropriation Adjustment
December 19, 2017 Contra Costa County Board of Supervisors Minutes 213
AGENDA ATTACHMENTS
TC24 & TC27 No. 5037
MINUTES ATTACHMENTS
Signed: Appropriation Adjustment No.
5037
December 19, 2017 Contra Costa County Board of Supervisors Minutes 214
December 19, 2017Contra Costa County Board of Supervisors Minutes215
December 19, 2017 Contra Costa County Board of Supervisors Minutes 216
RECOMMENDATION(S):
APPROVE Appropriations and Revenue Adjustment No. 5043 increasing expenditure appropriations and estimated
revenue by $593,178 from the State of California related to continued implementation of AB109 Public Safety
Realignment for fiscal year 2017/18.
FISCAL IMPACT:
No additional fiscal impact. This action recognizes revenue allocations from the State of California at the FY 2017/18
budget level approved by the Community Corrections Executive Committee and the Board of Supervisors for AB
109 Public Safety Realignment. The expenditure appropriations were approved by the Board of Supervisors in May
2017 as part of the FY 2017/18 County Budget process. Today's action is necessary to update appropriations and
revenue formally within the County budget.
BACKGROUND:
In 2011, the California Legislature passed and the Governor signed into law the Public Safety Realignment Act
(Assembly Bill 109), which transfers responsibility for supervising specific low-level inmates and parolees from the
California Department of Corrections and Rehabilitation (CDCR) to counties. Assembly Bill 109 (AB 109) took
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 12/19/2017 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: Timothy Ewell,
925-335-1036
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors
on the date shown.
ATTESTED: December 19, 2017
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Stacey M. Boyd, Deputy
cc:
C. 20
To:Board of Supervisors
From:David Twa, County Administrator
Date:December 19, 2017
Contra
Costa
County
Subject:FY 2017/18 AB109 PUBLIC SAFETY REALIGNMENT BUDGET
December 19, 2017 Contra Costa County Board of Supervisors Minutes 217
BACKGROUND: (CONT'D)
>
effect on October 1, 2011 and realigns three major areas of the criminal justice system. On a prospective basis, the
legislation:
Transfers the location of incarceration for lower-level offenders (specified non-violent, non-serious,
non-sex offenders) from state prison to local county jail and provides for an expanded role for post-release
supervision for these offenders;
Transfers responsibility for post-release supervision of lower-level offenders (those released from prison
after having served a sentence for a non-violent, non-serious, and non-sex offense) from the state to the
county level by creating a new category of supervision called Post-Release Community Supervision (PRCS);
Transfers the housing responsibility for parole and PRCS revocations to local jail custody
AB 109 also tasked the local Community Corrections Partnership (CCP) with recommending to the County Board
of Supervisors a plan for implementing criminal justice realignment. The Board of Supervisors adopted the
Contra Costa County Realignment Plan on October 4, 2011 (Agenda Item No. D.5), as recommended by the
Executive Committee of the CCP. The Executive Committee of the CCP is composed of the County Probation
Officer (Chair), Sheriff-Coroner, a Chief of Police (represented by the Richmond Police Chief), District Attorney,
Public Defender, Presiding Judge of the Superior Court or designee (represented by the Court Director of Business
Planning, Information and Programs), and County Behavioral Health Director.
For fiscal year 2017/18, the Board of Supervisors approved a budget of $25,920,149, which is composed of
$25,420,149 in various ongoing AB 109 implementation efforts and programming, $2,215,167 in one-time
funding carried forward from FY 2013/14 and 2014/15. Ongoing expenditures are primarily made up of salary
and benefit costs for permanent employees and service contract expenditures while one-time expenditures include
capital acquisition and/or fixed asset costs.
For fiscal year 2017/18, Contra Costa County anticipates the receipt of $21,848,832 from the community
corrections allocation of AB 109 Public Safety Realignment revenue.
The CCP-Executive Committee approved the 2017/18 AB 109 Public Safety Realignment budget at the January
13, 2017 regular meeting and submitted to the Public Protection Committee for review and approval. On February
6, 2017, the Public Protection Committee accepted the CCP-Executive Committee's recommendations with an
increase to the "Jail to Community" allocation in the Sheriff's Office budget by $8,000, from $200,000 to
$208,000 (equivalent of 4%).
On May 9, 2017, the Board of Supervisors formally approved the 2017/18 County Budget, including the AB 109
budget as recommended by the Public Protection Committee. Today's action adjusts revenue and expenditure
appropriations based on funding from the State and the Approved AB 109 budget and keeps the 2017/18 County
budget balanced.
CONSEQUENCE OF NEGATIVE ACTION:
Appropriations currently in the FY 2017/18 County budget will not accurately reflect allocations of the AB 109
Public Safety Realignment Program.
AGENDA ATTACHMENTS
TC24/27_5043
MINUTES ATTACHMENTS
Signed: Appropriation Adjustment No. 5043
December 19, 2017 Contra Costa County Board of Supervisors Minutes 218
December 19, 2017 Contra Costa County Board of Supervisors Minutes 219
December 19, 2017 Contra Costa County Board of Supervisors Minutes 220
December 19, 2017 Contra Costa County Board of Supervisors Minutes 221
December 19, 2017 Contra Costa County Board of Supervisors Minutes 222
December 19, 2017 Contra Costa County Board of Supervisors Minutes 223
December 19, 2017 Contra Costa County Board of Supervisors Minutes 224
December 19, 2017 Contra Costa County Board of Supervisors Minutes 225
December 19, 2017 Contra Costa County Board of Supervisors Minutes 226
RECOMMENDATION(S):
1. AUTHORIZE the Auditor-Controller to transfer $31,307 from the Park Dedication Trust Accounts (8136 1003
03015 and 8136 1003 3029) listed to the Contra Costa County Public Works Department to finance County activities
related to implementing the Urban Tilth Project at 323 Brookside Drive, in Richmond.
2. APPROVE Appropriation and Revenue Adjustment No. 5038 authorizing new revenue in the amount of $31,307
from Park Dedication Funds and appropriating it to the Public Works Department to finance County activities related
to implementing the Urban Tilth Project at 323 Brookside Drive, in Richmond.
FISCAL IMPACT:
No impact to the General Fund. 100% Park Dedication Trust in the amount of $31,307: accounts 8136 1003 03015
($2,734) and 8136 1003 3029 ($28,573).
BACKGROUND:
On March 12, 2013, the Board of Supervisors authorized $225,000 of Park Dedication funds to be used to purchase
323 Brookside Drive in North Richmond from the Contra Costa County Flood Control and Water Conservation
District as the first step in transforming the property into an Urban Farm. The parcel was part of a larger property
purchased by the District's San Pablo Creek flood protection project in the 1980's. The three-acre remainder parcel at
323 Brookside Drive was surplus property and no longer needed for flood protection purposes.
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 12/19/2017 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: Kristine Solseng (925)
674-7809
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors
on the date shown.
ATTESTED: December 19, 2017
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Stacey M. Boyd, Deputy
cc:
C. 21
To:Board of Supervisors
From:John Kopchik, Director, Conservation & Development Department
Date:December 19, 2017
Contra
Costa
County
Subject:Park Dedication Funds for the Urban Tilth Park Project
December 19, 2017 Contra Costa County Board of Supervisors Minutes 227
BACKGROUND: (CONT'D)
Public Works staff costs associated with the purchase of the property from the Flood Control District were
included as part of the purchase arrangement. However, staff costs associated with Urban Tilth’s project including
preparation of lease documents, environmental clearance and site preparation were not funded through the
purchase. Urban Tilth pays the County $500 yearly to lease the property and this will cover the ongoing
management of the lease, but does not cover the costs expended to implement the lease which total $27,851.90.
Public Works has requested Park Dedication Funds to cover these costs. The Department of Conservation and
Development staff has identified two Park Dedication sub-accounts to be used for this purpose. There is a
combined amount of $31,307.41 in the two accounts that can be allocated to Public Works for costs associated
with implementation of the lease. The remaining balance of $3455.51 will be reserved and potentially used for
future staff costs necessary to assist Urban Tilth with further development of the property for park purposes.
The proposed Park Dedication Accounts identified for this project are: 8136 1003 03015 and 8136 1003 3029.
It is policy of the County to utilize Park Dedication funds to meet local park needs. This action is consistent with
that policy.
CONSEQUENCE OF NEGATIVE ACTION:
Public Works will have to find an alternate source of funding for management of the Urban Tilth lease.
AGENDA ATTACHMENTS
TC24/27_5038
MINUTES ATTACHMENTS
Signed: Appropriation Adjustment No. 5038
December 19, 2017 Contra Costa County Board of Supervisors Minutes 228
December 19, 2017 Contra Costa County Board of Supervisors Minutes 229
December 19, 2017 Contra Costa County Board of Supervisors Minutes 230
December 19, 2017 Contra Costa County Board of Supervisors Minutes 231
December 19, 2017 Contra Costa County Board of Supervisors Minutes 232
RECOMMENDATION(S):
ADOPT Position Adjustment Resolution No. 22197 to transition one (1) full-time Community Health Worker
II-Project (VKV1) (represented) position #13506 at salary plan and grade TC5-1043 ($3,348-$4,070) to one (1)
full-time Community Health Worker II (VKVB) (represented) at salary plan and grade TC5-1043 ($3,348-$4,070)
and its incumbent into the Merit System as a permanent full-time position in the Health Services Department.
FISCAL IMPACT:
Upon approval, this action will not incur any additional cost for the Department, since the project class receives the
same benefits as the merit class. The position is budgeted and the associated costs are completely offset by secured
Federally Qualified Health Care revenue.
BACKGROUND:
The Health Services Department is requesting to transition the Community Health Worker II-Project position and its
incumbent into the merit system. The Community Health Worker II-Project position is assigned to a School Based
Health Clinic and is expected to continue to receive funding indefinitely. The incumbent was hired from an eligible
list for the project position and has served in the position since 2009.
CONSEQUENCE OF NEGATIVE ACTION:
If this action is not approved, the position and incumbent will not transition into the merit system.
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 12/19/2017 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: Arlene Lozada, (925)
957-5240
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors
on the date shown.
ATTESTED: December 19, 2017
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc: Arlene Lozado
C. 22
To:Board of Supervisors
From:William Walker, M.D., Health Services Director
Date:December 19, 2017
Contra
Costa
County
Subject:Transition one (1) Project position and its incumbent into the Merit System in the Health Services Department
December 19, 2017 Contra Costa County Board of Supervisors Minutes 233
ATTACHMENTS
P300 #22197 - Transition Comm Health Worker II-Project to
Merit
December 19, 2017 Contra Costa County Board of Supervisors Minutes 234
POSITION ADJUSTMENT REQUEST
NO. 22197
DATE 11/14/2017
Department No./
Department Health Services Budget Unit No. 0450 Org No. 6418 Agency No. A18
Action Requested: Transition one (1) Community Health Worker II-Project (VKV1) position and its incumbent into the Merit
System classification of Community Health Worker II (VKVB) at salary plan and grade TC5-1043 ($3,348-$4,070) in the
Health Services Department. (Represented)
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 $0.00 Net County Cost $0.00
Total this FY $0.00 N.C.C. this FY $0.00
SOURCE OF FUNDING TO OFFSET ADJUSTMENT Cost neutral
Department must initiate necessary adjustment and submit to CAO.
Use additional sheet for further explanations or comments.
Arlene J. Lozada
______________________________________
(for) Department Head
REVIEWED BY CAO AND RELEASED TO HUMAN RESOURCES DEPARTMENT
Susan Smith 11/29/2017
___________________________________ ________________
Deputy County Administrator Date
HUMAN RESOURCES DEPARTMENT RECOMMENDATIONS DATE 12//7/2017
Transition one (1) Community Health Worker II-Project (VKV1) position #13506, and its incumbent, at salary plan and grade
TC5-1043 ($3,348-$4,070) to one (1) Community Health Worker II (VKVB) at salary plan and grade TC5-1043 ($3,348-
$4,070) into the Merit System as a permanent full-time position i
Amend Resolution 71/17 establishing positions and resolutions allocating classes to the Basic / Exempt salary schedule.
Effective: Day following Board Action.
(Date) Marta Goc 12/7/2017
___________________________________ ________________
(for) Director of Human Resources Date
COUNTY ADMINISTRATOR RECOMMENDATION: DATE 12/12/17
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 19, 2017 Contra Costa County Board of Supervisors Minutes 235
REQUEST FOR PROJECT POSITIONS
Department Date 12/12/2017 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 19, 2017 Contra Costa County Board of Supervisors Minutes 236
RECOMMENDATION(S):
APPROVE the Interim Public Works Director, or designee, to execute a lease with 3052 Willow Pass Road LLC, for
a term of 5 years for 1,463 square feet of rentable office space at 3024 Willow Pass Road, Suite D, Concord, for the
Health Services Department - Autism, Behavior and Child Development Center (ABCD) program, at an initial annual
rent of $35,988 for the first year with annual increases thereafter, with two five-year renewal terms, 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:
100% Enterprise 1 Fund
BACKGROUND:
The space that the Health Services Department - ABCD program occupies must be licensed under Contra Costa
Regional Medical Center (CCRMC) to see patients associated with outpatient service clinics. This lease will allow
ABCD Program to consolidate their operations from CCRMC to one location at the Concord Health Center. The
County is responsible for the cost of tenant improvements in the premises.
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 12/19/2017 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: Julin Perez, (925)
313-2010
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on
the date shown.
ATTESTED: December 19, 2017
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Stephanie Mello, Deputy
cc:
C. 23
To:Board of Supervisors
From:Brian M. Balbas, Interim Public Works Director/Chief Engineer
Date:December 19, 2017
Contra
Costa
County
Subject:Execute a Lease for office space at 3024 Willow Pass Road, Suite D, Concord, for the Health Services Department,
ABCD program.
December 19, 2017 Contra Costa County Board of Supervisors Minutes 237
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 of the ABCD Program and the County will incur additional expenses
in finding a new location.
ATTACHMENTS
Exhibit C
Exhibit C #2
Lease #2
Lease
December 19, 2017 Contra Costa County Board of Supervisors Minutes 238
December 19, 2017 Contra Costa County Board of Supervisors Minutes 239
December 19, 2017 Contra Costa County Board of Supervisors Minutes 240
December 19, 2017 Contra Costa County Board of Supervisors Minutes 241
December 19, 2017 Contra Costa County Board of Supervisors Minutes 242
December 19, 2017 Contra Costa County Board of Supervisors Minutes 243
December 19, 2017 Contra Costa County Board of Supervisors Minutes 244
December 19, 2017 Contra Costa County Board of Supervisors Minutes 245
December 19, 2017 Contra Costa County Board of Supervisors Minutes 246
December 19, 2017 Contra Costa County Board of Supervisors Minutes 247
December 19, 2017 Contra Costa County Board of Supervisors Minutes 248
December 19, 2017 Contra Costa County Board of Supervisors Minutes 249
December 19, 2017 Contra Costa County Board of Supervisors Minutes 250
December 19, 2017 Contra Costa County Board of Supervisors Minutes 251
December 19, 2017 Contra Costa County Board of Supervisors Minutes 252
December 19, 2017 Contra Costa County Board of Supervisors Minutes 253
December 19, 2017 Contra Costa County Board of Supervisors Minutes 254
December 19, 2017 Contra Costa County Board of Supervisors Minutes 255
December 19, 2017 Contra Costa County Board of Supervisors Minutes 256
December 19, 2017 Contra Costa County Board of Supervisors Minutes 257
December 19, 2017 Contra Costa County Board of Supervisors Minutes 258
December 19, 2017 Contra Costa County Board of Supervisors Minutes 259
December 19, 2017 Contra Costa County Board of Supervisors Minutes 260
December 19, 2017 Contra Costa County Board of Supervisors Minutes 261
December 19, 2017 Contra Costa County Board of Supervisors Minutes 262
December 19, 2017 Contra Costa County Board of Supervisors Minutes 263
December 19, 2017 Contra Costa County Board of Supervisors Minutes 264
December 19, 2017 Contra Costa County Board of Supervisors Minutes 265
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December 19, 2017 Contra Costa County Board of Supervisors Minutes 270
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December 19, 2017 Contra Costa County Board of Supervisors Minutes 273
December 19, 2017 Contra Costa County Board of Supervisors Minutes 274
December 19, 2017 Contra Costa County Board of Supervisors Minutes 275
December 19, 2017 Contra Costa County Board of Supervisors Minutes 276
December 19, 2017 Contra Costa County Board of Supervisors Minutes 277
December 19, 2017 Contra Costa County Board of Supervisors Minutes 278
December 19, 2017 Contra Costa County Board of Supervisors Minutes 279
December 19, 2017 Contra Costa County Board of Supervisors Minutes 280
RECOMMENDATION(S):
ADOPT Resolution No. 2017/316 authorizing the Sheriff-Coroner, or designee, to apply for and accept the U.S.
Department of Justice, FY 2017 Edward Byrne Memorial Justice Assistance Grant (JAG) in an amount not to exceed
$171,089 for support of countywide law enforcement programming for the period October 1, 2017 through
September 30, 2020.
FISCAL IMPACT:
$171,089, 100% Federal; No County match required. County portion is $32,383 to the Sheriff-Coroner. County will
also receive 5% of city allocations for serving as the fiscal agent for the County. (CFDA 16.738)
BACKGROUND:
The Edward Byrne Memorial Justice Assistance Grant (JAG) Program is the primary provider of federal criminal
justice funding to state and local jurisdictions. The JAG FY2017 Grant is a formula grant with emphasis on assisting
local efforts to prevent or reduce crime and violence. The eligible jurisdictions within Contra Costa County have a
scheduled allocation totaling $171,089 with $32,383 allocated to the County. The $32,383 county allocation will be
to the Office of the Sheriff. Established to streamline justice funding and grant administration, the JAG Program
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 12/19/2017 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: Mary Jane Robb, (925)
335-1557
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of
Supervisors on the date shown.
ATTESTED: December 19, 2017
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc:
C. 24
To:Board of Supervisors
From:David O. Livingston, Sheriff-Coroner
Date:December 19, 2017
Contra
Costa
County
Subject:Apply for and Accept a 2017 Justice Assistance Grant
December 19, 2017 Contra Costa County Board of Supervisors Minutes 281
BACKGROUND: (CONT'D)
allows states, tribes, and local governments to support a broad range of activities to prevent and control crime
based on their own local needs and conditions. The Bureau of Justice Statistics (BJS) calculates a minimum base
allocation for each state. Once the state funding is calculated, 60 percent of the allocation is awarded to the state
and 40 percent to eligible units of local government. Local governments are awarded amounts based on their
share of the total violent crime reported within the state. Based on a formula allocation, Contra Costa County has
been designated as a disparate jurisdiction because a city within the county is scheduled to receive 150% more
than the county, while the county bears more than 50% of the costs associated with the prosecution and
incarceration of that city's Part 1 violent crime. Jurisdictions certified as disparate must identify a fiscal agent that
will submit a joint application for the total eligible allocation. The Office of the Sheriff has been designated as the
fiscal agent for this grant and will manage and oversee the distribution of the funds for all participating agencies
within the county. As Fiscal Agent, the Office of the Sheriff will receive 5% ($6,935.30) of the pass through of the
grant allocation (5% from each jurisdictions' allocation) to cover management and administration of the grant, to
include personnel and operational costs directly related to grant management.
CONSEQUENCE OF NEGATIVE ACTION:
The Sheriff's Office will be unable to apply for and accept the grant from the U.S. Department of Justice.
CHILDREN'S IMPACT STATEMENT:
No impact.
AGENDA ATTACHMENTS
Resolution No. 2017/316
MINUTES ATTACHMENTS
Signed Resolution No. 2017/316
December 19, 2017 Contra Costa County Board of Supervisors Minutes 282
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
and for Special Districts, Agencies and Authorities Governed by the Board
Adopted this Resolution on 12/19/2017 by the following vote:
AYE:
John Gioia
Candace Andersen
Diane Burgis
Karen Mitchoff
Federal D. Glover
NO:
ABSENT:
ABSTAIN:
RECUSE:
Resolution No. 2017/316
IN THE MATTER OF: Applying for and Accepting the U.S. Department of Justice 2017 Edward Bryne Memorial Justice
Assistance Grant(JAG).
WHEREAS, the County of Contra Costa is seeking funds available through the U.S. Department of Justice;
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Contra Costa County:
1. 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 Federal financial assistance provided by the U.S. Department of Justice related to the 2017 Edward Byrne
Memorial Justice Assistance Grant.
Contact: Mary Jane Robb, (925) 335-1557
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown.
ATTESTED: December 19, 2017
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc:
5
December 19, 2017 Contra Costa County Board of Supervisors Minutes 283
December 19, 2017 Contra Costa County Board of Supervisors Minutes 284
RECOMMENDATION(S):
APPROVE and AUTHORIZE the County Librarian, or designee, to apply for and accept a grant in the amount of
$75,000 from Sunlight Giving Foundation to provide materials and supplies for the early literacy spaces in twelve of
Contra Costa County Libraries for the period December 1, 2017 through November 30, 2018.
FISCAL IMPACT:
No Library Fund match.
BACKGROUND:
Sunlight Giving supports organizations that create and maintain safe spaces for children and families, and has a
particular interest in ensuring that safe places are offered in all neighborhoods and communities. Their mission is to
sustain healthy families and strong communities. Sunlight Giving supports local and national organizations that
provide basic services to low-income families with children ages 0-5 in vulnerable communities throughout the
United States. This is the second time Contra Costa County Library has received funds from Sunlight Giving.
CONSEQUENCE OF NEGATIVE ACTION:
The early literacy spaces in twelve libraries will not receive new materials and supplies to better serve children aged
0-5.
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 12/19/2017 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: Walt Beveridge (925)
608-7730
I hereby certify that this is 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 19, 2017
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc:
C. 25
To:Board of Supervisors
From:Melinda Cervantes, County Librarian
Date:December 19, 2017
Contra
Costa
County
Subject:Grant in the amount of $75,000 from Sunlight Giving Foundation
December 19, 2017 Contra Costa County Board of Supervisors Minutes 285
CHILDREN'S IMPACT STATEMENT:
These grant funds will create warm and inviting spaces for the many thousands of children aged 0-5 that visit the
Antioch, Bay Point, Concord, Crockett, El Cerrito, El Sobrante, Martinez, Pittsburg, Pinole, Prewett (in Antioch),
Rodeo and San Pablo Libraries.
December 19, 2017 Contra Costa County Board of Supervisors Minutes 286
RECOMMENDATION(S):
APPROVE and AUTHORIZE the County Librarian, or designee, to apply for and accept a grant in the amount of
$2,250 from California State Library and the California Center for the Book to provide for author visits for the period
December 4, 2017 through June 2018.
FISCAL IMPACT:
No Library Fund match.
BACKGROUND:
Though some of our Contra Costa County Libraries have received Book-to-Action grants in the past, this is the first
time for the Bay Point/Pittsburg communities to do so.
The Book-to-Action grant is based on civic engagement, developing a community service project using a book as the
focal point. Maybe Something Beautiful: How Art Transformed a Neighborhood, a picture book illustrated by
award-winning Mexican American illustrator and muralist Rafael López, was inspired by his transformation of his
San Diego neighborhood. He continues to bring his vibrant murals to communities around the country and on May
12, 2018 will be bringing his joyful art to Bay Point. On that day, in honor of El Día de los Niños/El Día de los
Libros, we will celebrate with stories, music, dance, food and gallons of brightly colored paint. Children, their
families and community members will become the painters creating this unique community artwork. Each child who
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 12/19/2017 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: W. Beveridge
925-608-7730
I hereby certify that this is 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 19, 2017
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc:
C. 26
To:Board of Supervisors
From:Melinda Cervantes, County Librarian
Date:December 19, 2017
Contra
Costa
County
Subject:Grant in the Amount of $2,250 from CA State Library
December 19, 2017 Contra Costa County Board of Supervisors Minutes 287
BACKGROUND: (CONT'D)
>
participates will receive an autographed copy of Maybe Something Beautiful to take home as a remembrance of their
contribution to beautifying the Bay Point community. To further encourage literacy and participation in the
community mural project, the library will create a StoryWalk® at each of the four elementary schools in Bay Point
and will host a number of events throughout the month of April at the Bay Point and Pittsburg Libraries in support of
this community project.
Funds from the Book-to-Action grant will be used to help fund Rafael’s design and travel expenses.
CONSEQUENCE OF NEGATIVE ACTION:
Though we do have corporate sponsorship to support a large portion of this project, the Book-to-Action funds will
enable us to provide a richer and more encompassing project for the Bay Point and Pittsburg communities.
CHILDREN'S IMPACT STATEMENT:
The “Maybe Something Beautiful” Book-to-Action grant supports the “Children Ready for and Succeeding in
School” and “Communities that are Safe and Provide a High Quality of Life for Children and Families” outcomes.
By bringing this Community Mural project to the elementary schools in Bay Point, we are encouraging family
participation and emphasizing the role of books in developing their children’s literacy and sense of community.
December 19, 2017 Contra Costa County Board of Supervisors Minutes 288
RECOMMENDATION(S):
Approve and authorize the Health Services Director, or his designee, to accept, on behalf of the County, Grant Award
#29-338-23, from the Department of Health Care Services, Children Medical Services, in an amount payable to the
County not to exceed $1,181,740 for the Child Health and Disability Prevention (CHDP), the Health Care Program
for Children in Foster Care (HCPCFC) and Psychotropic Medication Management and Monitoring oversight
(PMM&O) activities for the period from July 1, 2017 through June 30, 2018.
FISCAL IMPACT:
Approval of this grant award will result in $1,181,740 of funding from the California Department of Health Care
Services for the CHDP, HCPCFC and PMM&O programs. A match of $604,084 in County General Funds is
required.
BACKGROUND:
The CHDP Program carries out State mandates regarding early and periodic screening, diagnosis and treatment and
case coordination of health and dental services for children on Medi-Cal or within the 200% poverty level. These
services are federally required and consistent with approved standards of medical practice. The CHDP program is
responsible for provider certifications, network and resource development, training, outreach, care coordination,
follow-up and communications with medical and dental providers.
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 12/19/2017 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: Dan Peddycord,
925-313-6712
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors
on the date shown.
ATTESTED: December 19, 2017
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc: D Morgan, M Wilhelm
C. 27
To:Board of Supervisors
From:William Walker, M.D., Health Services Director
Date:December 19, 2017
Contra
Costa
County
Subject:Grant Award #29-338-23 from the Department of Health Care Services, Children Medical Services
December 19, 2017 Contra Costa County Board of Supervisors Minutes 289
BACKGROUND: (CONT'D)
The CHDP program works closely with community providers, other health-related agencies, Managed Care, County
Departments including Employment and Human Services, Probation, and Community Services as well as other
Health Services Divisions to provide a wide variety of health-related consultation services.
The goal of the Program is to provide access to Contra Costa County low-income children for periodic wellness care,
provide further diagnosis and treatment for medical and dental problems found, assist with enrollment into a
comprehensive plan, provide case coordination, follow-up, and liaison to various resources, and provide case
management and payment for care for children ages 0-21. The HCPCFC program carries out federal and state
mandates for children in foster care and the juvenile justice system. PMM&O provides administrative public health
nursing oversight of psychotropic medications for children in foster care and the juvenile justice system.
Approval of Grant Award #29-338-23 is necessary for the continuation of this long standing state and federal funding
that supports these ongoing Public Health Programs (CHDP, HCPCFC and PMM&O) through June 30, 2018.
CONSEQUENCE OF NEGATIVE ACTION:
If this contract is not approved, the County will not receive funding to support the CHDP, HCPCFC and the PMM&O
programs to comply with state and federal requirements.
December 19, 2017 Contra Costa County Board of Supervisors Minutes 290
RECOMMENDATION(S):
Approve and authorize the Health Services Director, or his designee, to execute, on behalf of the County, Interagency
Agreement #28-337-1 with Pittsburg Unified School District, a government agency, to pay County an amount not to
exceed $100,000, to provide school-based mental health intervention services for Seriously Emotionally Disturbed
(SED) children and youth for the period from November 1, 2017 through June 30, 2018.
FISCAL IMPACT:
Approval of this interagency agreement will result in a total payment to the County not to exceed $100,000. (No
County match)
BACKGROUND:
This agreement will allow Pittsburg Unified School District to provide funding for County to provide professional
school-based mental health intervention services to County-designated severely emotionally disturbed Special
Education students who are participants in Pittsburg Unified School District Elementary, Middle and High Schools
Counseling Enriched Classrooms (CEC).
Under Interagency Agreement #28–337-1, the agency will pay the County for the provision of outpatient day
treatment and mental health services, through June 30, 2018.
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 12/19/2017 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 19, 2017
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc: L Walker , M Wilhelm
C. 28
To:Board of Supervisors
From:William Walker, M.D., Health Services Director
Date:December 19, 2017
Contra
Costa
County
Subject:Interagency Agreement #28-337-1 with Pittsburg Unified School District
December 19, 2017 Contra Costa County Board of Supervisors Minutes 291
CONSEQUENCE OF NEGATIVE ACTION:
County is required to provide certain mental health services to special education students under the Federal
Individuals with Disabilities Education Act (IDEA). If this agreement is not approved, the agency will not pay
County for providing services to students within the school district.
CHILDREN'S IMPACT STATEMENT:
This program supports the following Board of Supervisors’ community outcomes: “Children Ready For and
Succeeding in School”; “Families that are Safe, Stable, and Nurturing”; and “Communities that are Safe and Provide
a High Quality of Life for Children and Families”. Expected program outcomes include an increase in positive social
and emotional development as measured by the Child and Adolescent Functional Assessment Scale.
December 19, 2017 Contra Costa County Board of Supervisors Minutes 292
RECOMMENDATION(S):
Approve and authorize the Health Services Director, or designee, to submit on behalf of the County, Application
#29-813 and execute grant documents and amendments and Resolution #2017/449 to the California Office of Housing
and Community Development, in an amount payable to County not to exceed $150,000, for the No Place Like Home
(NPLH) Program.
FISCAL IMPACT:
Approval of this agreement will result in an amount not to exceed $150,000 of funding from the California Office of
Housing and Community Development for the NPLH Program.
BACKGROUND:
The purpose of the NPLH Program is to acquire, design, construct, rehabilitate, and preserve permanent supportive
housing for persons who are experiencing homelessness, chronic homelessness or who are at risk of chronic
homelessness, and who are in need of mental health services.
Approval of submission of Application #29-813 will allow the County to apply for funding for the NPLH Program
for homeless persons in Contra Costa County.
CONSEQUENCE OF NEGATIVE ACTION:
If this application is not approved, the County will not be able to better assist its homeless population with permanent
supportive housing for persons in need of mental health services.
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 12/19/2017 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: Lavonna Martin,
925-313-7704
I hereby certify that this is 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 19, 2017
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc:
C. 29
To:Board of Supervisors
From:William Walker, M.D., Health Services Director
Date:December 19, 2017
Contra
Costa
County
Subject:Grant Application #29-813 with the State of California Housing and Community Development
December 19, 2017 Contra Costa County Board of Supervisors Minutes 293
AGENDA ATTACHMENTS
Resolution No. 2017/300
MINUTES ATTACHMENTS
Signed Resolution No.
2017/449
December 19, 2017 Contra Costa County Board of Supervisors Minutes 294
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
and for Special Districts, Agencies and Authorities Governed by the Board
Adopted this Resolution on 12/19/2017 by the following vote:
AYE:
John Gioia
Candace Andersen
Diane Burgis
Karen Mitchoff
Federal D. Glover
NO:
ABSENT:
ABSTAIN:
RECUSE:
Resolution No. 2017/449
In The Matter Of: Authorizing application for and receipt of, No Place Like Home program technical assistance grant funds.
WHEREAS, the State of California, Department of Housing and Community Development (Department) has issued a Notice of
Funding Availability dated April 10, 2017 (NOFA), for its No Place Like Home (NPLH) Program Technical Assistance Grants;
and
WHEREAS, the County of Contra Costa desires to submit a project application for the NPLH Program and will submit a 2017
Technical Assistance Grant Application as described in the NPLH Program Technical Assistance Grants NOFA and NPLH
Program Technical Assistance Grant Guidelines released by the Department for the NPLH Program; and
WHEREAS, the Department is authorized to provide up to $6.2 million from the Mental Health Services Act Fund for technical
assistance and application preparation assistance to Counties (as described in Welfare and Institutions Code §5849.10) related to
the NPLH Program.
Now, Therefore, Be It Resolved:
SECTION 1. The County is hereby authorized and directed to apply for and submit to the Department the 2017 NPLH Program
Technical Assistance Grant Application released April 10, 2017 in the amount of $150,000.00
SECTION 2. In connection with the NPLH Program Technical Assistance Grant, if the application is approved by the
Department, the County is authorized to enter into, execute, and deliver a State of California Standard Agreement (Standard
Agreement) for the amount of $150,000.00, and any and all other documents required or deemed necessary or appropriate to
evidence and secure the NPLH Program Technical Assistance Grant, the County’s obligations related thereto, and all
amendments thereto (collectively, the “NPLH Technical Assistance Grant Documents”).
SECTION 3. The County shall be subject to the terms and conditions as specified in the Standard Agreement, the NPLH
Program Technical Assistance Guidelines, the NPLH statute (Welfare and Institutions Code §5849.1 et. Seq.), and any
applicable NPLH Program guidelines published by the Department. Funds are to be used for allowable project expenditures and
specifically identified in the Standard Agreement.
The application in full is incorporated as part of the Standard Agreement. Any and all activities funded, information provided,
and timelines represented in the application will be enforceable through the executed Standard Agreement. The County hereby
agrees to use the funds for eligible uses in the manner presented in the application as approved by the Department and in
accordance with the NPLH Program Technical Assistance Grant NOFA, the NPLH Program Technical Assistance Guidelines,
and 2017 NPLH Program Technical Assistance Grant Application.
SECTION 4. The Health Services Director or designee is authorized and directed to execute the County of Contra Costa NPLH
Program Technical Assistance Grant Application, the NPLH Program Technical Assistance Grant Documents, and any
amendments thereto, on behalf of the County as required by the Department for receipt of the NPLH Program Technical
Assistance Grant.
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown.
5
December 19, 2017 Contra Costa County Board of Supervisors Minutes 295
Contact: Lavonna Martin, 925-313-7704
I hereby certify that this is 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 19, 2017
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc:
December 19, 2017 Contra Costa County Board of Supervisors Minutes 296
December 19, 2017 Contra Costa County Board of Supervisors Minutes 297
RECOMMENDATION(S):
Approve and authorize the Health Services Director, or his designee, to execute, on behalf of the County,
Amendment Agreement #29-684-1 with the University of California, San Francisco (UCSF), an educational
institution, to add $38,339 to a new total payable to the County of $51,119 for the Comparison of 3 Modes of Genetic
Counseling in High-Risk Public Hospital Patients Research Project at Contra Costa Regional Medical Center
(CCRMC) and Health Centers and extend the termination date to March 31, 2018.
FISCAL IMPACT:
Approval of this agreement will result in $38,339 in additional funds from UCSF for the Comparison of 3 Modes of
Genetic Counseling in High-Risk Public Hospital Patients Research Project. No County funds required.
BACKGROUND:
On February 7, 2017, the Board of Supervisors approved Agreement #29-684 with UCSF to work in collaboration for
the Comparison of 3 Modes of Genetic Counseling in High-Risk Public Hospital Patients Research Project at
CCRMC, for the period from January 1, 2017 through March 31, 2017.
Approval of Amendment Agreement #29-684-1 will allow the County to continue collaborating with UCSF on the
Research Project at CCRMC, through March 31, 2018.
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 12/19/2017 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 19, 2017
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc: Tasha Scott, Marcy Wilhelm
C. 30
To:Board of Supervisors
From:William Walker, M.D., Health Services Director
Date:December 19, 2017
Contra
Costa
County
Subject:Amendment Agreement #29-684-1 with the University of California, San Francisco
December 19, 2017 Contra Costa County Board of Supervisors Minutes 298
CONSEQUENCE OF NEGATIVE ACTION:
If the County does not approve this amendment from UCSF, patients will not receive the Comparison of 3 Modes of
Genetic Counseling in High-Risk Public Hospital Patients Research Project program in Contra Costa County.
December 19, 2017 Contra Costa County Board of Supervisors Minutes 299
RECOMMENDATION(S):
ADOPT Resolution No. 2017/452 approving and authorizing the Sheriff-Coroner, or designee, to enter into a
Memorandum of Understanding (MOU) with the Counties of Napa, Sonoma, Solano and the City of Santa Rosa for
cost recovery associated with the emergency mutual aid response to the October 2017 California Wildfires, Federal
Emergency Disaster Funds, FEMA -344-DR-CA.
FISCAL IMPACT:
Cost Recovery.
BACKGROUND:
On October 10, 2107, President Donald J. Trump declared a major disaster making federal funds available for the
October 2017 California Wildfires. Contra Costa County Office of the Sheriff provided law enforcement mutual aid
to the neighboring counties of Napa, Sonoma, Solano and The City of Santa Rosa. Federal Funds are now available
for reimbursement of actual costs associated with providing mutual aid services. In order for the Office of the Sheriff
to participate in the cost recovery program, FEMA requires all affected counties to enter into a Memorandum of
Understanding with those entities that provided mutual aid during the disaster. Approval of the MOU will enable the
Office of the Sheriff to participate in the cost recovery program.
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 12/19/2017 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: Mary Jane Robb (925)
335-1557
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors
on the date shown.
ATTESTED: December 19, 2017
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc:
C. 31
To:Board of Supervisors
From:David O. Livingston, Sheriff-Coroner
Date:December 19, 2017
Contra
Costa
County
Subject:California Wildfires Cost Recovery
December 19, 2017 Contra Costa County Board of Supervisors Minutes 300
CONSEQUENCE OF NEGATIVE ACTION:
The Office of the Sheriff will be unable to apply for reimbursement of costs associated with the mutual aid
response.
CHILDREN'S IMPACT STATEMENT:
None.
AGENDA ATTACHMENTS
Resolution No. 2017/452
MINUTES ATTACHMENTS
Signed Resolution No. 2017/452
December 19, 2017 Contra Costa County Board of Supervisors Minutes 301
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
and for Special Districts, Agencies and Authorities Governed by the Board
Adopted this Resolution on 12/19/2017 by the following vote:
AYE:
John Gioia
Candace Andersen
Diane Burgis
Karen Mitchoff
Federal D. Glover
NO:
ABSENT:
ABSTAIN:
RECUSE:
Resolution No. 2017/452
In The Matter Of: Entering into a Memorandum of Understanding (MOU) with the Counties of Napa, Sonoma, Solano and the
City of Santa Rosa for cost recovery associated with the emergency mutual aid response to the October 2017 California
Wildfires, Federal Emergency Disaster Funds, FEMA -344-DR-CA.
Whereas, the County of Contra Costa will be seeking cost recovery with the Counties of Napa, Sonoma, Solano and the City of
Santa Rosa associated with the emergency mutual aid response due to the October 2017 California Wildfires.
Now, Therefore, Be It Resolved that the Board of Supervisors: Authorizes the Sheriff-Coroner, Undersheriff or the Sheriff's
Chief of Management Services, to request for and on behalf of the County of Contra Costa, a public entity established under the
laws of the State of California, any action necessary for the purpose of obtaining cost recovery associated with the emergency
mutual aid response to the October 2017 California Wildfires, Federal Emergency Disaster Funds, FEMA -344-DR-CA.
Contact: Mary Jane Robb (925) 335-1557
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown.
ATTESTED: December 19, 2017
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc:
5
December 19, 2017 Contra Costa County Board of Supervisors Minutes 302
December 19, 2017 Contra Costa County Board of Supervisors Minutes 303
RECOMMENDATION(S):
APPROVE and AUTHORIZE the Interim Public Works Director, or designee, to execute amendment to the
Consulting Services Agreement with Francisco & Associates, Inc., effective December 19, 2017, to extend the
contract termination date from February 28, 2018 to December 31, 2018, and to increase the payment limit by
$50,000 to a new payment limit of $250,000, to continue providing assessment engineering services to complete
existing projects, Countywide.
FISCAL IMPACT:
100% Special Revenue Funds.
BACKGROUND:
On December 9, 2014, the Board of Supervisors approved a contract with Francisco & Associates, Inc., to provide
on-call assessment engineering services. Special Districts staff recommends extending the contract termination date
from February 28, 2018, to December 31, 2018, and increasing the payment limit by $50,000 to a new payment limit
of $250,000. This work is time sensitive and amending the contract termination date and payment limit will allow the
Consultant
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 12/19/2017 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: Rochelle Johnson, (925)
313-2299
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the
Board of Supervisors on the date shown.
ATTESTED: December 19, 2017
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc: C. Roner, Special District, Rochelle Johnson, Special District
C. 32
To:Board of Supervisors
From:Brian M. Balbas, Interim Public Works Director/Chief Engineer
Date:December 19, 2017
Contra
Costa
County
Subject:Contract amendment with Francisco & Associates, Inc., for on-call engineering assessment services.
December 19, 2017 Contra Costa County Board of Supervisors Minutes 304
BACKGROUND: (CONT'D)
to complete the scope of work to develop assessments and related reports for various special districts per schedule.
This work is anticipated to end in late 2018.
CONSEQUENCE OF NEGATIVE ACTION:
Without Board approval, the Consultant will not be able to complete projects that are scheduled to end beyond the
current contract term.
December 19, 2017 Contra Costa County Board of Supervisors Minutes 305
RECOMMENDATION(S):
APPROVE and AUTHORIZE the Purchasing Agent to execute, on behalf of the County Librarian, a purchase order
with Baker & Taylor in an amount not to exceed $351,183 for book rental for the Contra Costa County Library, for
the period January 1, 2018 through December 31, 2018.
FISCAL IMPACT:
100% Library Fund.
BACKGROUND:
Contra Costa County Library builds and maintains library collections for the County’s residents. In order to meet the
high demand of current materials, the library is sometimes forced to purchase additional copies to supplement the
long demand list. When popularity wanes, the library is faced with the challenge and expense of storing the excess
titles. The Baker & Taylor book rental program provides libraries with an efficient and economical method for
maintaining an inventory of the most current, high demand, hardcover titles. Renting library materials will allow the
library access to additional copies of popular titles for overall patron satisfaction without a negative storage impact.
The rented materials will have the same level of processing and branding that library patrons have learned to
recognize as Contra Costa County Library materials.
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 12/19/2017 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: Gail McPartland,
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 19, 2017
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc:
C. 33
To:Board of Supervisors
From:Melinda Cervantes, County Librarian
Date:December 19, 2017
Contra
Costa
County
Subject:Baker & Taylor Purchase Order for Book Rentals
December 19, 2017 Contra Costa County Board of Supervisors Minutes 306
CONSEQUENCE OF NEGATIVE ACTION:
If the Purchase Order is not approved, the Contra Costa County Library will not efficiently and economically meet
the high patron demand of current materials.
December 19, 2017 Contra Costa County Board of Supervisors Minutes 307
RECOMMENDATION(S):
APPROVE and AUTHORIZE the Employment and Human Services Director, or designee, to execute a contract with
Julie Peck dba Advocacy and Resolution Services in an amount not to exceed $150,000 for ombudsman services for
the period January 1, 2018 through December 31, 2019.
FISCAL IMPACT:
This action will result in expenditures over the course of two years of up to $150,000. The expenditures will be
covered by 42% Federal, 48% State and 10% County general funds.
BACKGROUND:
Inquiries and issues can, and do, arise between various parties in relation to Employment and Human Services
Department (EHSD) programs. Common issues include communication, respect, accessing public benefits and other
available resources. In addressing and helping to resolve issues and inquiries, the ombudsman acts as an impartial
intermediary between EHSD and other parties. The ombudsman gathers information from all parties to the issue and
works to resolve those issues using various mediation skills. The main purpose of the ombudsman is to promote and
maintain good working relationships between all involved parties.
Mediation services rendered by the ombudsman will provide conflict resolution between employees, as well as
between supervisors and employees. In addition, the ombudsman will serve as a mentor to supervisors and managers
as deemed necessary by the EHSD Personnel Department. Mediation and mentoring services will be used as
preventative measures in EHSD to assist with organizational development and staffing issues.
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 12/19/2017 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 19, 2017
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc:
C. 34
To:Board of Supervisors
From:Kathy Gallagher, Employment & Human Services Director
Date:December 19, 2017
Contra
Costa
County
Subject:Ombudsman Services Contract
December 19, 2017 Contra Costa County Board of Supervisors Minutes 308
CONSEQUENCE OF NEGATIVE ACTION:
Countywide ombudsman services and mediation services would be curtailed.
December 19, 2017 Contra Costa County Board of Supervisors Minutes 309
RECOMMENDATION(S):
APPROVE and AUTHORIZE the Assessor, or designee, to execute a Maintenance and Support Agreement with
Tyler Technologies, Inc., in the amount of $153,154 for the maintenance and support of the AES Rapid 2000
computer automated appraisal system for the period of August 1, 2017 through July 31, 2018.
FISCAL IMPACT:
AB589 Property Tax Administration Program funds, in the amount of $153,154 will be used to maintain the system.
BACKGROUND:
The AES Rapid 2000 system has been operational in the Assessor's Office since 1999. The system currently contains
five (5) basic modules including residential property appraisal, appeal processing, public services tracking,
Geographic Information System (GIS), and mass appraisal. The AES system has enabled appraisers to have on-line
access to comparable sales data, property characteristics, and GIS parcel data, which is used to analyze and determine
residential property appraisals for enrollment of the Assessment Roll. In its current state, the AES system has become
a mission critical application for the appraisal staff, providing tools and services that extend beyond the capabilities
of the County's Land Information System (LIS).
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 12/19/2017 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: Danielle Gomez (925)
313-7508
I hereby certify that this is 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 19, 2017
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc:
C. 35
To:Board of Supervisors
From:Gus Kramer, Assessor
Date:December 19, 2017
Contra
Costa
County
Subject:AES Automated Appraisal System Maintenance & Support
December 19, 2017 Contra Costa County Board of Supervisors Minutes 310
CONSEQUENCE OF NEGATIVE ACTION:
If the Agreement is not approved, the Assessor's Office will no longer have the ability to maintain and support the
AES Rapid 2000 computer system, which has become a mission critical application for the appraisal staff who value
property for tax assessment purposes.
December 19, 2017 Contra Costa County Board of Supervisors Minutes 311
RECOMMENDATION(S):
APPROVE and AUTHORIZE THE Sheriff-Coroner, or designee, to execute a Contract with Gemalto Cogent, Inc.,
in an amount not to exceed, $120,000.00 for the services and maintenance enhancement of a dedicated on-site
support engineer for the term of December 19, 2017 through December 18. 2018.
FISCAL IMPACT:
No County Cost. $120,000.00 from CAL ID Funds.
BACKGROUND:
The California Identification System (Cal-ID) is the automated system maintained by the California Department of
Justice (DOJ) for retaining fingerprint files and identifying latent fingerprints. Cal-ID monies are collected from the
fees from each vehicle registered, two dollars for non-commercial vehicles and four dollars from commercial
vehicles, and are used to fund programs that enhance the capacity of the state and local law enforcement to provide
automated mobile, fixed Livescan fingerprint capture stations and Cogent Automated Biometric Identification
System (CABIS), formerly known as Cogent Automated Fingerprint Identification System (CAFIS), that allow
identification of individuals involved in motor vehicle crimes. The California Department of Justice
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 12/19/2017 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 19, 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:David O. Livingston, Sheriff-Coroner
Date:December 19, 2017
Contra
Costa
County
Subject:Gemalto Cogent Inc.
December 19, 2017 Contra Costa County Board of Supervisors Minutes 312
BACKGROUND: (CONT'D)
has established the Remote Access Network (RAN), which is a uniform statewide network of equipment and
procedures allowing local law enforcement agencies direct access to the Cal-ID System. The Contra Costa County
local RAN board determines the placement of RAN equipment within the County, and coordinates the acceptance,
delivery, and installation of RAN equipment. Acting as the local RAN board, mobile fingerprint identification
hardware has been distributed to local law enforcement agencies within the County pursuant to the criteria specified
in the Penal Code. Under the proposed contract, a dedicated support engineer will provide to Contra Costa County
Sheriff’s Office and its client agencies high availability of support for the Cogent Automated Fingerprint
Identification System (CAFIS), the mugshot server, Latent Gateway, WebID, 31 Livescans, and the 350 Mobile ID
devices throughout the county. A dedicated support engineer will provide continuity to the support needs, develop
more personalized technical support relationships with users, perform proactive maintenance to reduce technical
problems and downtimes minimizing disruption to the daily business for the law enforcement officer.
CONSEQUENCE OF NEGATIVE ACTION:
If the Office of the Sheriff is not allowed to contract with Gemalto Cogent for the dedicated support engineer, Contra
Costa County Sheriff’s Office and its client agencies will experience support engineers that are not familiar with the
configurations and components of our systems which slows the support response. In addition, Contra Costa County
and its agencies vie for support time with the Gemalto Cogent support engineers with many other counties and police
departments throughout Northern California. Delayed support response can translate into the inability to identify
unknown subjects on the street with Mobile ID or the inability to capture fingerprints at booking facilities with a
Livescan for mandated reporting to the California Department of Justice and the Federal Bureau of Investigations.
The delay to fix failures of the aforementioned systems could lead to the release of subjects on the street or from
booking facilities because they have not been identified and may be wanted for a more serious offense under another
name. In addition, the lack of ability to identify an arrested subject may detain an individual that is not the person
sought in a warrant or an investigation.
CHILDREN'S IMPACT STATEMENT:
N/A
December 19, 2017 Contra Costa County Board of Supervisors Minutes 313
RECOMMENDATION(S):
APPROVE and AUTHORIZE the County Director of Risk Management to execute contracts with selected legal firms
for defense of the County in workers' compensation, medical malpractice, and civil rights claims for a period of one
year effective January 1, 2018 through December 31, 2018 in accordance with a specified fee schedule for the
following: Bold, Pilsner, Maddow, Nelson & Judson; Craddick, Candland & Conti; D'Andre Peterson, Bobas &
Rosenburg; Edrington, Schirmer, & Murphy; Hanna, Brophy, MacLean, McAleer & Jensen; McClellan & Corren;
McNamara, Ney,Beatty, Slattery, Borges & Ambacher; Mullen & Filppi; and Thomas, Lyding, Cartier & Gaus.
FISCAL IMPACT:
Legal costs are funded through the Workers' Compensation, Liability and Medical Malpractice Internal Service Funds.
BACKGROUND:
Legal firms are selected for their experience and expertise in particular
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 12/19/2017 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 19, 2017
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc:
C. 37
To:Board of Supervisors
From:Sharon Offord Hymes, Risk Manager
Date:December 19, 2017
Contra
Costa
County
Subject:Risk Management Legal Defense Contracts
December 19, 2017 Contra Costa County Board of Supervisors Minutes 314
BACKGROUND: (CONT'D)
areas of legal defense. Risk Management assigns cases to various firms. The following legal firms selected for
defense of claims agree to a one-year contract from January 1, 2018 to December 31, 2018: Bold, Pilsner, Maddow,
Nelson & Judson; Craddick, Candland, & Conti; D'Andre, Peterson, Bobas & Rosenberg; Edrington, Schirmer &
Murphy; Hanna, Brophy, MacLean, McAleer & Jensen; McClellan & Corren; McNamara, Ney, Beatty, Slattery,
Borges & Ambacher; Mullen & Filippi; and Thomas, Lyding, Cartier & Gaus.
CONSEQUENCE OF NEGATIVE ACTION:
The County will not have the benefit of the aforementioned firms' legal expertise.
December 19, 2017 Contra Costa County Board of Supervisors Minutes 315
RECOMMENDATION(S):
APPROVE and AUTHORIZE the Employment and Human Services Director, or designee, to issue Request for
Proposals #1161 in an amount not to exceed $1,060,000 for the operation of the Subsidized Temporary Experience
with Pay for the Under-Employed Program (STEP-UP) for the period July 1, 2018 through June 30, 2019.
FISCAL IMPACT:
The STEP-UP program will be 100% funded by California Work Opportunity and Responsibility for Kids
(CalWORKs), which is comprised of 15% State funds and 85% Federal funds. Total funding available for the
program's operation during the 12-month period is $1,060,000.
$700,000 CalWORKs Single Allocation; $360,000 CalWORKs Expanded Subsidized Employment Allocation
BACKGROUND:
The Employment and Human Services Department (EHSD) Request for Proposals (RFP) #1161 is to provide for the
operation of a paid and unpaid work experience program for Contra Costa County's California Work Opportunity and
Responsibility for Kids (CalWORKs) Welfare-to-Work (WTW) Program participants. The objective of the program,
known as STEP-UP, is to expand and diversify work experience slots as well as the service delivery approaches for
serving hard-to-employ CalWORKs WTW participants, including limited and non-English speaking participants and
CalWORKs WTW participants with limited work history. The program will secure the availability of additional
resources by placing participants into either a paid or unpaid work experience slot for a maximum of 180
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 12/19/2017 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 19, 2017
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc:
C. 38
To:Board of Supervisors
From:Kathy Gallagher, Employment & Human Services Director
Date:December 19, 2017
Contra
Costa
County
Subject:Issuance of Request for Proposals #1161 for Subsidized Temporary Experience with Pay for Under-Employed
Program (STEP-UP)
December 19, 2017 Contra Costa County Board of Supervisors Minutes 316
BACKGROUND: (CONT'D)
days or 6 months. The goal of the program (when coupled with other necessary WTW activities and services) is to
immediately engage the participants by providing exposure to work and basic job skills, ultimately leading to their
successful, long-term job placement.
The selected STEP-UP operator(s) will be primarily responsible for developing and maintaining short-term paid and
unpaid work experience positions with participating agencies (non-profit and for-profit organizations), and to
immediately place and monitor those referred clients into the work experience positions. As the Employer of Record,
the selected operator(s) responsibilities will also include managing the payroll system and disbursing payroll checks.
This program approach has proven very successful in other counties for re-engaging harder to serve clients and for
increasing the federally-required Work Participation Rate (WPR).
CONSEQUENCE OF NEGATIVE ACTION:
Without the Request for Proposals, a proven successful program model for CalWORKs WTW clients would not be
implemented, thereby adversely impacting the department's ability to provide effective WTW activity necessary to
meet the federally required Work Participation Ratio.
CHILDREN'S IMPACT STATEMENT:
The STEP-UP Program supports two (2) of the community outcomes established in the Children's Report Card; 3)
Families that are Economically Self Sufficient, and 4) "Families that are Safe, Stable and Nurturing, by ensuring high
quality services and access to resources that support, protect and empower individuals and families by better enabling
welfare recipients to enter the workforce and move to self sufficiency and economic independence.
December 19, 2017 Contra Costa County Board of Supervisors Minutes 317
RECOMMENDATION(S):
Approve and authorize the Health Services Director, or his designee, to execute, on behalf of the County, Contract
#26-971-22 with Ramon Berguer, M.D., an individual, in an amount not to exceed $300,000, for the provision of
general surgery services at Contra Costa Regional Medical Center (CCRMC) and Health Centers, for the period from
January 1, 2018 through December 31, 2018.
FISCAL IMPACT:
This contract is funded 100% by Hospital Enterprise Fund I. (Rate increase)
BACKGROUND:
On February 3, 2015, the Board of Supervisors approved Contract #26-971-21 with Ramon Berguer, M.D., to
provide general surgery services including consultation, training, on-call, medical and/or surgical procedures at
CCRMC and Health Centers, for the period from January 1, 2015 through December 31, 2017.
Approval of Contract #26-971-22 will allow the contractor to continue to provide general surgery services at CCRMC
and Health Centers, through December 31, 2018.
CONSEQUENCE OF NEGATIVE ACTION:
If this contract is not approved, patients requiring general surgery services at CCRMC and Health Centers will not
have access to the contractor’s services.
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 12/19/2017 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 19, 2017
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc: K Cyr, M Wilhelm
C. 39
To:Board of Supervisors
From:William Walker, M.D., Health Services Director
Date:December 19, 2017
Contra
Costa
County
Subject:Contract #26-971-22 with Ramon Berguer, M.D.
December 19, 2017 Contra Costa County Board of Supervisors Minutes 318
RECOMMENDATION(S):
APPROVE and AUTHORIZE the Sheriff- Coroner, or designee, to execute a contract with West Advanced
Technologies, Inc. in an amount not to exceed $300,000 to provide consulting, design development, programming
services, and maintenance and support for the Automated Regional Information Exchange System (AIRES) for the
period Jan 1, 2018 through June 30, 2019.
FISCAL IMPACT:
Urban Areas Security Initiative (UASI) Grant Funding of up to $250,000; remaining $50,000 ARIES Funding.
BACKGROUND:
The Automated Regional Information Exchange System (ARIES) is a software application owned by Contra Costa
County, and used by County and other law enforcement agencies to manage arrest and parolee data collected from
law enforcement agencies. ARIES manages arrest and parole data provided by local law enforcement agencies that is
stored on a County server. The purpose of this Contract is for Contractor to provide consulting, design development,
programming services, maintenance and support services to the Sheriff’s Office, including without limitation, the
Enterprise Data Warehouse Optimization, Agency Data mapping and Integration and Module Enhancement and
Development projects. There are currently more than 9,000 users from over 93 different agencies participating in the
system.
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 12/19/2017 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
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 19, 2017
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: , Deputy
cc:
C. 40
To:Board of Supervisors
From:David O. Livingston, Sheriff-Coroner
Date:December 19, 2017
Contra
Costa
County
Subject:West Advanced Technologies, Inc.
December 19, 2017 Contra Costa County Board of Supervisors Minutes 319
CONSEQUENCE OF NEGATIVE ACTION:
ARIES continues to improve the way it does business everyday by providing reliable and functional application to
law enforcement agencies. If this contract is not approved, ARIES will not be able to continue to improve, upgrade
and implement a sophisticated data sharing system for more than 9,000 users.
CHILDREN'S IMPACT STATEMENT:
No impact.
CLERK'S ADDENDUM
Union representative have requested additional time to examine impacts on County employees, this item is
therefore: RELISTED to a future date uncertain.
December 19, 2017 Contra Costa County Board of Supervisors Minutes 320
RECOMMENDATION(S):
Approve and authorize the Health Services Director, or his designee, to execute, on behalf of the County, Contract
#74-555 with Pro Transport-1, LLC, a limited liability company, in an amount not to exceed $300,000, to provide
non-emergency ambulatory transportation services for mental health consumers and conserved patients for
mandatory court hearings, county appointments and residential facilities for the period from January 1, 2018 through
December 31, 2019.
FISCAL IMPACT:
This contract is funded 100% by Mental Health Realignment.
BACKGROUND:
The contractor provides non-emergency ambulatory transportation services for mental health consumers and
conserved patients placed by the County in California state hospitals for court appointments, mandatory county
appointments and permanent residential placement, twenty-four hours a day, seven days a week, including all
holidays.
Under Contract #74-555, the contractor will provide non-emergency ambulatory transportation services through
December 31, 2019.
CONSEQUENCE OF NEGATIVE ACTION:
If this contract is not approved, County patients will not receive transportation services from this contractor.
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 12/19/2017 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 19, 2017
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc: L Walker , M Wilhelm
C. 41
To:Board of Supervisors
From:William Walker, M.D., Health Services Director
Date:December 19, 2017
Contra
Costa
County
Subject:Contract #74-555 with Pro Transport-1, LLC
December 19, 2017 Contra Costa County Board of Supervisors Minutes 321
RECOMMENDATION(S):
APPROVE and AUTHORIZE the Conservation and Development Director, or designee, to execute an amendment to
the Interagency Agreement with the City of Richmond extending the term from December 31, 2017 through June 30,
2018, with no change to the current payment limit of $1,080,055, to facilitate City’s use of jointly-administered North
Richmond Mitigation Fee (NRMF) funding to implement services and programs authorized in the
City/County-approved expenditure plans and co-staff the NRMF Committee.
FISCAL IMPACT:
There is no impact to the General Fund. Interagency Agreement costs will be funded with North Richmond
Mitigation Fee revenue, which is solely received by the County but jointly administered by the City of Richmond and
Contra Costa County in accordance with the Memorandum of Understanding between the City and County.
BACKGROUND:
The North Richmond Waste and Recovery Mitigation Fee (NRMF) was established by the City of Richmond and
Contra Costa County in 2004. NRMF funding is subject to the joint-control of the City and County. This Mitigation
Fee was originally identified as a mitigation measure in an Environmental Impact Report as a means of addressing
the impacts of illegal dumping as a result of expanding the Bulk Material Processing Center in North Richmond . The
requirement to collect this Mitigation Fee is a Condition of Approval in the Use Permits issued by the City and
County, which allowed Republic Services to expand their waste processing operations at the Bulk Material
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 12/19/2017 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: Demian Hardman, (925)
674-7826
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the
Board of Supervisors on the date shown.
ATTESTED: December 19, 2017
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc:
C. 42
To:Board of Supervisors
From:John Kopchik, Director, Conservation & Development Department
Date:December 19, 2017
Contra
Costa
County
Subject:Amend Interagency Agreement between the City of Richmond & Contra Costa County for Joint Administration of
North Richmond Mitigation Fee funding
December 19, 2017 Contra Costa County Board of Supervisors Minutes 322
BACKGROUND: (CONT'D)
Processing Center located at the closed West Contra Costa Sanitary Landfill site in North Richmond. Since 2006 this
Mitigation Fee has been collected on a per ton basis and paid directly to the County monthly.
The City and County entered into a Memorandum of Understanding (MOU) in 2004 agreeing to establish a
City/County Committee (known as the North Richmond Waste & Recovery Mitigation Fee Joint Expenditure
Planning Committee) to prepare recommended spending plans subject to final City/County approvals for the purpose
of jointly administering this funding. These recommended spending plans are known as Expenditure Plans, which
must be approved by both the City Council and Board of Supervisors. The Expenditure Plan for the 2017/2018 fiscal
year was approved by the County on June 20, 2017 and City on July 11, 2017, as recommended by the NRMF
Committee in May. An Amended 2017/2018 Expenditure Plan was subsequently approved by both the City Council
and Board of Supervisors on September 26, 2017 to make time sensitive changes to the Expenditure Plan that were
necessary to ensure certain funded strategies would continue to operate uninterrupted.
The first Interagency Agreement between the City and County initially went into effect on January 16, 2007 and was
amended four times. A new Interagency Agreement with a contract limit of $1,080,055 took effect on June 30, 2015
which was estimated to be adequate to allow the County to share the proportion of NRMF revenue needed to cover
the City’s costs associated with the City's share of Expenditure Plan implementation and Committee co-staffing for
the period through June 30, 2017. The agreement was subsequently amended to extend the term for a six month
period through December 31, 2017. Due to the changes made in to the current amended 2017/2018 Expenditure Plan
approved by both the City and County, there is still an adequate amount of funding remaining under this Agreement
to warrant an amendment that will extend the term for an additional six month period through June 30, 2018.
CONSEQUENCE OF NEGATIVE ACTION:
The County would not be able to reimburse the City of Richmond for their share of costs incurred for jointly
administering the implementation of NRMF funded services and programs authorized under the City/County
approved Expenditure Plans which would be inconsistent with the terms of the MOU between the City and County.
December 19, 2017 Contra Costa County Board of Supervisors Minutes 323
RECOMMENDATION(S):
APPROVE and AUTHORIZE the County Clerk-Recorder, or designee, to execute a contract including County
indemnification obligations.with Iron Mountain Information Management Services, Inc., in an amount not to exceed
$20,000 for remote data backup services for the term of three years beginning January 1, 2018 through December 31,
2020.
FISCAL IMPACT:
Funds have already been appropriated in the FY 2017-18 budget for this service. Board approval is required due to
indemnification provisions in the contract.
BACKGROUND:
The Elections Division currently uses Iron Mountain for off site storage of backup tapes. The new service provides
for scheduled secure electronic transmission for data backup and recovery in a cloud hosted solution. The contract
obligates the County to indemnify Iron Mountain for third party claims arising out of any data that may infringe on
third party rights.
CONSEQUENCE OF NEGATIVE ACTION:
If not approved, the Elections Division will continue to weekly store backups on magnetic tapes which are kept
off-site. If a cybersecurity event were to occur, the Elections Division may be vulnerable to greater data loss due to
the reduced frequency of backups.
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 12/19/2017 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 Konopasek,
925-335-7808
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors
on the date shown.
ATTESTED: December 19, 2017
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc:
C. 43
To:Board of Supervisors
From:Joseph E. Canciamilla, Clerk-Recorder
Date:December 19, 2017
Contra
Costa
County
Subject:Contract for Remote Data Backup Services
December 19, 2017 Contra Costa County Board of Supervisors Minutes 324
RECOMMENDATION(S):
Approve and authorize the Health Services Director, or his designee, to execute, on behalf of the County, Contract
Amendment Agreement #23-613-2 with Bayside Solutions, Inc., a corporation, effective September 15, 2017, to
amend Contract #23-613 (as amended by Amendment Agreement #23-613-1), to increase the payment limit by
$300,000, from $654,000 to a new payment limit of $954,000, with no change in the original term of January 1, 2017
through December 31, 2017.
FISCAL IMPACT:
This amendment is funded 100% by Hospital Enterprise Fund I. (No rate increase)
BACKGROUND:
In January 2017, the County Administrator approved and the Purchasing Services Manager executed Contract
#23-613 (as amended by Amendment Agreement #23-613-1), with Bayside Solutions, Inc., for the provision of
qualified consultants, contract-to-hire and/or direct placement candidates for hard to fill positions in the Health
Services Department’s Information Systems Unit, for the period from January 1, 2017 through December 31, 2017.
Approval of Contract Amendment Agreement #23-613-2 will allow the contractor to provide additional hours of
consulting and recruitment services for hard to fill positions in the Information Systems Unit through December 31,
2017.
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 12/19/2017 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 Runt,
925-335-8700
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on
the date shown.
ATTESTED: December 19, 2017
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc: K Cyr, M Wilhelm
C. 44
To:Board of Supervisors
From:William Walker, M.D., Health Services Director
Date:December 19, 2017
Contra
Costa
County
Subject:Amendment #23-613-2 with Bayside Solutions, Inc.
December 19, 2017 Contra Costa County Board of Supervisors Minutes 325
CONSEQUENCE OF NEGATIVE ACTION:
If this amendment is not approved, the Information Systems Unit will not have access to the contractor’s services.
December 19, 2017 Contra Costa County Board of Supervisors Minutes 326
RECOMMENDATION(S):
Approve and authorize the Health Services Director, or his designee, to execute on behalf of the County,
Amendment/Extension Agreement #26-346-20, with the U.S. Department of Veterans Affairs, Northern California
Health Care System (VANCHCS), effective December 1, 2017, to amend Sharing Agreement #26-346-14 (as
amended by Amendment Agreements #26-346-15 through #26-346-19) to increase the payment limit by $160,000
from $3,161,000 to a new total of $3,321,000 and extend the termination date from December 31, 2017 to March 31,
2018.
FISCAL IMPACT:
This amendment agreement is funded 100% by Hospital Enterprise Fund I. The services provided for the County's
patients under this contract are billable to patients and third party payers.
BACKGROUND:
For many years, the County and VANCHCS have maintained a mutual sharing agreement, which has made available
to the County specialized medical services not otherwise available due to lack of resources, equipment, and
personnel. These services included specialized laboratory testing, radiology services, nuclear medicine studies,
computerized tomography (CT) scans, magnetic resonance imaging (MRI), dermatology, gastroenterology, urology,
audiology and speech, and ophthalmology services. The County provides Emergency Room treatment and inpatient
care, including certain ancillary services, for VANCHCS referred patients.
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 12/19/2017 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 19, 2017
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc: K Cyr, M Wilhelm
C. 45
To:Board of Supervisors
From:William Walker, M.D., Health Services Director
Date:December 19, 2017
Contra
Costa
County
Subject:Amendment/Extension Agreement #26-346-20 with the U.S. Department of Veterans Affairs
December 19, 2017 Contra Costa County Board of Supervisors Minutes 327
BACKGROUND: (CONT'D)
On March 19, 2013, the Board of Supervisors approved Sharing Agreement #26-346-14 (as amended by Amendment
Agreements #26-346-15 through #26-346-19) with VANCHCS (under the auspices of the VANCHCS Nuclear
Regulatory Commission License) to provide a full range of Nuclear Medicine Services to County's patients at the
VANCHCS Outpatient Clinic in Martinez and/or the Contra Costa Regional Medical Center's Nuclear Medicine
Department, through December 31, 2017. This agreement includes mutual indemnification to hold harmless both
parties for any claims arising out of the performance of this agreement.
Approval of Amendment/Extension Agreement #26-346-20 will allow the contractor to continue providing nuclear
medicine services to Contra Costa Regional Medical Center’s Nuclear Medicine Department through March 31, 2018.
CONSEQUENCE OF NEGATIVE ACTION:
If this amendment/extension is not approved, County's patients will not receive specialized nuclear medicine services.
December 19, 2017 Contra Costa County Board of Supervisors Minutes 328
RECOMMENDATION(S):
APPROVE and AUTHORIZE the Interim Public Works Director, or designee, to execute a contract amendment with
Dillard Trucking, Inc., to extend the contract term from November 8, 2017, to November 8, 2018, with no change to
the payment limit of $300,000, for the 2016 On-Call Trucking Services Contract for Various Road and Flood Control
Maintenance Work, Countywide.
FISCAL IMPACT:
This contract is paid through 100% Local Road and Flood Control Funds. There is no cost to the action to amend the
contract.
BACKGROUND:
On November 8, 2016, the County awarded one on-call contract to Dillard Trucking, Inc., for trucking services
consisting of trucks and operators to support road and flood control maintenance repair work, for a total allotted
amount of $300,000, with a completion time of 1 year from the effective date of November 8, 2016, with the option
of two one-year extensions. This contract amendment is to extend the contract completion date to November 8, 2018.
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 12/19/2017 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 19, 2017
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc:
C. 46
To:Board of Supervisors
From:Brian M. Balbas, Interim Public Works Director/Chief Engineer
Date:December 19, 2017
Contra
Costa
County
Subject:Execute a Contract Amendment for 2016 the On-Call Trucking Contract for Various Road and Flood Control
Maintenance Work, Countywide.
December 19, 2017 Contra Costa County Board of Supervisors Minutes 329
CONSEQUENCE OF NEGATIVE ACTION:
The Public Works Department may be unable to complete routine road and flood control maintenance work in a
timely manner.
ATTACHMENTS
Dillard Trucking CCO #1
December 19, 2017 Contra Costa County Board of Supervisors Minutes 330
December 19, 2017 Contra Costa County Board of Supervisors Minutes 331
RECOMMENDATION(S):
APPROVE and AUTHORIZE the Employment and Human Services Director, or designee, to execute a contract with
Seneca Family of Agencies, a Non-Profit Corporation of California, in an amount not to exceed $1,076,706, to
provide wraparound services that increase foster care placement stability of children, for the period November 1,
2017 through June 30, 2018.
FISCAL IMPACT:
The cost of the contract will be covered by 39% County General Fund, 43% State, and 18% Federal funds. The State
funds are comprised of Foster Parent Recruitment Retention Services capped allocation, Children and Family Teams
capped allocation, and 2011 Realignment, and the Federal funds are Title IV-E Foster Care. The County General
Funds are included in the FY 17/18 budget.
[CFDA 93.658]
BACKGROUND:
Seneca Family of Agencies provides Wraparound Services, a community-based intervention program that provides
children with service alternatives to group home care through expanded family-based services. They focus on
children living with their family or a guardian. These services are structured to build on the strengths of each child
and family and are tailored to address their unique and changing needs. Funding also provides the caregivers with 24
hours, 7 days a week non-emergency advice and consultation via telephone.
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 12/19/2017 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
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 19, 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:Kathy Gallagher, Employment & Human Services Director
Date:December 19, 2017
Contra
Costa
County
Subject:Contract with Seneca Family of Agencies for Wraparound Program Services to Children
December 19, 2017 Contra Costa County Board of Supervisors Minutes 332
BACKGROUND: (CONT'D)
This contract will provide for continuation of existing services while a new request for proposal and resulting
contracts are in process.
CONSEQUENCE OF NEGATIVE ACTION:
If the contract is not approved, at-risk youth in restrictive group home settings will have less opportunities to
transition into family-based services.
CHILDREN'S IMPACT STATEMENT:
This contract supports four of the five 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 placing at risk youth into family-based or less restrictive service settings.
December 19, 2017 Contra Costa County Board of Supervisors Minutes 333
RECOMMENDATION(S):
Approve and authorize the Health Services Director, or his designee, to execute, on behalf of the County, Contract
#74-554 with NAMI Contra Costa, a non-profit company, in an amount not to exceed $299,767, to implement a
Family Volunteer Network Program to support families who have loved ones with mental illness for the period from
January 1, 2018 through June 30, 2018, which includes a six-month automatic extension through December 31,
2018, in an amount not to exceed $299,767.
FISCAL IMPACT:
This contract is funded 100% by the Mental Health Services Act.
BACKGROUND:
Contractor will develop and implement a Family Volunteer Network Program to support families in Contra Costa
County who have loved ones with severe and persistent mental illness. This program will address the unique needs of
the participants in developing coping strategies and handling challenges posed by mental illness within their families.
Under Contract #74-554, the contractor will provide support services to families through June 30, 2018.
CONSEQUENCE OF NEGATIVE ACTION:
If this contract is not approved, families will not receive the support they need to manage loved ones with mental
illness.
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 12/19/2017 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 19, 2017
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc: L Walker , M Wilhelm
C. 48
To:Board of Supervisors
From:William Walker, M.D., Health Services Director
Date:December 19, 2017
Contra
Costa
County
Subject:Contract #74-554 with NAMI Contra Costa
December 19, 2017 Contra Costa County Board of Supervisors Minutes 334
RECOMMENDATION(S):
Approve and authorize the Health Services Director, or his designee, to execute, on behalf of the County, Contract
#25–046–18 with Shelter, Inc. of Contra Costa County, a non-profit corporation, in an amount not to exceed
$252,528, to provide support services for County residents in the Supportive Housing Program, for the period from
December 1, 2017 through November 30, 2018.
FISCAL IMPACT:
This contract is funded 100% by Federal McKinney-Vento Homeless funds. (No rate increase)
BACKGROUND:
This contract meets the social needs of County’s population by providing support services to County residents who
are homeless with a diagnosis of mental illness or a dual-diagnosis of mental illness and substance abuse.
On December 20, 2016, the Board of Supervisors approved Contract #25-046-17 with Shelter, Inc., of Contra Costa
County, for the provision of support services for County residents in the Supportive Housing Program, for the period
from December 1, 2016 through November 30, 2017.
Approval Contract #25-046-18, will allow the contractor to continue to provide support services to County residents
who are homeless and have a diagnosis of mental illness or dual-diagnosis of mental illness and substance abuse,
through November 30, 2018.
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 12/19/2017 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 19, 2017
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc: L WALKER , M Wilhelm
C. 49
To:Board of Supervisors
From:William Walker, M.D., Health Services Director
Date:December 19, 2017
Contra
Costa
County
Subject:Contract #25-046-18 with Shelter, Inc. of Contra Costa County
December 19, 2017 Contra Costa County Board of Supervisors Minutes 335
CONSEQUENCE OF NEGATIVE ACTION:
If this contract is not approved, County’s residents who are homeless with a disability and are receiving services in
the Support Housing Program will not receive services from this contractor.
December 19, 2017 Contra Costa County Board of Supervisors Minutes 336
RECOMMENDATION(S):
APPROVE and AUTHORIZE the Purchasing Agent or designee to execute, on behalf of the Department of
Information Technology, a purchase order with Integrated Archive Systems in the amount of $118,726 for the
renewal of Cisco Smartnet hardware and software maintenance of Cisco switches and network infrastructure
hardware, for the period November 9, 2017 through November 30, 2018.
FISCAL IMPACT:
100% User Fees, with costs charged to the receiving departments through DoIT's billing process.
BACKGROUND:
DOIT deploys Cisco computer network products throughout the county wide area network. These products provide
reliable high-speed networks connecting all of our County departments to the central computer applications, email,
and internet access. The requested purchase order will renew the Cisco annual maintenance services, which are
essential for ongoing performance and reliability of the countywide area network by providing product software
patches/updates and replacement of defective components.
CONSEQUENCE OF NEGATIVE ACTION:
Cisco Smartnet helps reduce risk and downtime while increasing operational efficiency and security of the county
wide area network. Failure to renew this purchase order would put the County's communications and technical
infrastructure at risk.
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 12/19/2017 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 19, 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:David Twa, County Administrator
Date:December 19, 2017
Contra
Costa
County
Subject:Cisco Smartnet Hardware and Software Maintenance Renewal
December 19, 2017 Contra Costa County Board of Supervisors Minutes 337
RECOMMENDATION(S):
Approve and authorize the Health Services Director, or his designee, to execute, on behalf of the County, Contract
#76-573-1 with BeavEx Incorporated, a corporation, in an amount not to exceed $260,000, for the provision of
courier services for Contra Costa Regional Medical Center and Contra Costa Health Centers (CCRMC), for the
period from December 1, 2017 through November 30, 2018.
FISCAL IMPACT:
This contract is funded 100% by Hospital Enterprise Fund I.
BACKGROUND:
On January 10, 2017, the Board of Supervisors approved Contract #76-573, with BeavEx Incorporated, a
corporation, for the provision of courier services for CCRMC and Health Centers, for the period from December 1,
2016 through November 30, 2017. The contractor was responsible for the pick-up, transport, tracking and delivery of
laboratory specimens, pharmacy medications and other items for CCRMC and Health Centers.
Approval of Contract #76-573-1 will allow the contractor to continue providing courier services through November
30, 2018.
CONSEQUENCE OF NEGATIVE ACTION:
If this contract is not approved, CCRMC will not receive necessary courier services for its laboratory specimens,
pharmacy medications and other items. Resulting in CCRMC needing to solicit and engage an alternative vendor.
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 12/19/2017 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 19, 2017
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc: A Floyd , M Wilhelm
C. 51
To:Board of Supervisors
From:William Walker, M.D., Health Services Director
Date:December 19, 2017
Contra
Costa
County
Subject:Contract #76-573-1 with BeavEx Incorporated
December 19, 2017 Contra Costa County Board of Supervisors Minutes 338
RECOMMENDATION(S):
Approve and authorize the Health Services Director, or his designee, to execute, on behalf of the County, Contract
Amendment Agreement #74-315-14 with Community Options for Families and Youth, Incorporated, a non-profit
corporation, effective November 1, 2017, to amend Novation Contract #74-315-13, to increase the payment limit by
$645,336 from $2,424,529 to a new payment limit of $3,069,865, with no change in the original term of July 1, 2017
through June 30, 2018, and to increase the automatic extension payment limit by $272,668 from $1,212,264 to a new
payment limit of $1,484,932 through December 31, 2018.
FISCAL IMPACT:
This amendment is funded 43% by Federal Medi-Cal, 32% by County Realignment, 22% by Mental Health Services
Act, and 3% by Pittsburg Unified School District Grant. (No rate increase)
BACKGROUND:
On June 13, 2017, the Board of Supervisors approved Novation Contract #74–315–13 with Community Options for
Families and Youth, Incorporated for the period from July 1, 2017 through June 30, 2018, which included a
six-month automatic extension through December 31, 2018, for the provision of Therapeutic Behavioral Services
(TBS) and Multisystemic Behavioral Therapy for Seriously Emotionally Disturbed (SED) children and adolescents.
Approval of Contract Amendment Agreement #74-315-14 will allow the contractor to provide additional school
based services through June 30, 2018.
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 12/19/2017 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 19, 2017
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc: L Walker , M Wilhelm
C. 52
To:Board of Supervisors
From:William Walker, M.D., Health Services Director
Date:December 19, 2017
Contra
Costa
County
Subject:Amendment #74-315-14 with Community Options for Families and Youth, Incorporated
December 19, 2017 Contra Costa County Board of Supervisors Minutes 339
CONSEQUENCE OF NEGATIVE ACTION:
If this amendment is not approved, SED children and adolescents will not have access to the contractor’s additional
mental health services.
CHILDREN'S IMPACT STATEMENT:
This TBS program supports the following Board of Supervisors’ community outcomes: “Children Ready For and
Succeeding in School”; “Families that are Safe, Stable, and Nurturing”; and “Communities that are Safe and Provide
a High Quality of Life for Children and Families”. Expected program outcomes include an increase in positive social
and emotional development as measured by the Child and Adolescent Functional Assessment Scale.
December 19, 2017 Contra Costa County Board of Supervisors Minutes 340
RECOMMENDATION(S):
Approve and authorize the Health Services Director, or his designee, to execute, on behalf of the County, Contract
Amendment Agreement #27-976-2 with Diablo Medical and Sleep Clinic Medical Corporation, a corporation,
effective November 1, 2017, to amend Contract #27-976, to increase the payment limit by $105,000, from $120,000
to a new payment limit of $225,000, to provide additional pulmonary and sleep medicine services to Contra Costa
Health Plan members with no change in the original term of June 1, 2015 through May 31, 2018.
FISCAL IMPACT:
This amendment is funded 100% by Contra Costa health Plan Enterprise Fund III. (Rate increase)
BACKGROUND:
On August 18, 2015, the Board of Supervisors approved Contract #27-976 with Diablo Medical and Sleep Clinic
Medical Corporation for the provision of pulmonary and sleep medicine services for Contra Costa Health Plan
members, for the period from June 1, 2015 through May 31, 2018.
Approval of Contract Amendment Agreement #27-976-2 will allow the contractor to provide additional pulmonary
and sleep medicine services through May 31, 2018.
CONSEQUENCE OF NEGATIVE ACTION:
If this amendment 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: 12/19/2017 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 19, 2017
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc: A Floyd, M Wilhelm
C. 53
To:Board of Supervisors
From:William Walker, M.D., Health Services Director
Date:December 19, 2017
Contra
Costa
County
Subject:Amendment #27-976-2 with Diablo Medical and Sleep Clinic Medical Corporation
December 19, 2017 Contra Costa County Board of Supervisors Minutes 341
RECOMMENDATION(S):
APPROVE and AUTHORIZE the County Administrator or designee to execute a contract amendment with Encore
Clinical Consultation, Inc., to extend the term from December 31, 2017 through December 31, 2018 and increase the
payment limit by $75,000 to a new payment limit of $325,000 to provide specialized administrative and consulting
services with regard to medical and mental health programs in the County's detention system.
FISCAL IMPACT:
100% County General Fund, budgeted - County Administrator.
BACKGROUND:
Mentally ill people constitute a significant proportion of jails’ populations. Jails face multiple fiscal demands and
other complex problems related to their care. Jails require the support of, and partnerships with, mental health
agencies to provide the services, training and trained personnel essential to best serve and manage the mentally ill
who are in jails. Collaboration between mental health agencies and jails not only supports the appropriate treatment
of mentally ill people in custody, it also helps remove those who do not belong in jail, facilitates transition for those
being released from jail and reduces relapse and recidivism of those who are released.
The Board of Supervisors authorized a contract with Encore Clinical Consultation, Inc., for the period January 1
through December 31, 2017 to provide professional consultation and technical assistance to the County Administrator
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 12/19/2017 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 19, 2017
, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc:
C. 54
To:Board of Supervisors
From:David Twa, County Administrator
Date:December 19, 2017
Contra
Costa
County
Subject:SPECIALIZED SERVICES CONTRACT WITH ENCORE CLINICAL CONSULTATION, INC.
December 19, 2017 Contra Costa County Board of Supervisors Minutes 342
BACKGROUND: (CONT'D)
regarding medical and mental health services provided within the County's jail facilities. The County Administrator
recommends that the contract be extended to permit the contractor to continue to provide professional consulting
services as the County develops and refines programs, policies and procedures to optimize medical and mental health
services provided within the County's jail facilities. The County Administrator may terminate this contract upon three
days' notice to the Contractor, or cancel the contract immediately by written mutual consent.
CONSEQUENCE OF NEGATIVE ACTION:
If this action is not approved, the County Administrator will not secure the specialized professional services needed
to improve medical and mental health services provided within the County's jail facilities, and the County, jail staff
and jail population may be negatively impacted.
December 19, 2017 Contra Costa County Board of Supervisors Minutes 343
RECOMMENDATION(S):
Approve and authorize the Purchasing Agent, on behalf of the Health Services Department, to execute (1) a Purchase
Order with R-Computer, Inc. for an amount not to exceed $116,742 for IBM Lotus Notes Licenses and Support, and
(2) IBM Customer Agreement for the period from January 1, 2018 through December 31, 2018.
FISCAL IMPACT:
100% funding is included in the Hospital Enterprise Fund I budget.
BACKGROUND:
The Health Services Department has used IBM Lotus Notes for over 15 years for email communications. This is an
annual renewal of the IBM Lotus Notes email user licenses and support. R-Computer, Inc. is the local IBM reseller
of Lotus Notes licenses and application support.
CONSEQUENCE OF NEGATIVE ACTION:
If this purchase order is not approved, the email system will not be covered under maintenance which will terminate
support from IBM. The Health Services Department would not be able to provide proper troubleshooting, upgrades,
and assistance for its users.
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 12/19/2017 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 Runt,
925-335-8700
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on
the date shown.
ATTESTED: December 19, 2017
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc: Tasha Scott, Marcy Wilhelm, Allyson Eggert
C. 55
To:Board of Supervisors
From:William Walker, M.D., Health Services Director
Date:December 19, 2017
Contra
Costa
County
Subject:Purchase Order with R-Computer, Inc. for IBM Lotus Notes Licenses and Support
December 19, 2017 Contra Costa County Board of Supervisors Minutes 344
RECOMMENDATION(S):
Approve and authorize the Health Services Director, or his designee, to execute on behalf of the County, Contract
#23-441-5 with DJR Healthcare Consulting, Inc., a corporation, in an amount not to exceed $597,000, to provide
consultation and technical assistance to the Contra Costa Regional Medical Center (CCRMC) and Health Centers, 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 November 17, 2015, the Board of Supervisors approved Contract #23-441-4 with the DJR Healthcare Consulting,
Inc. to provide professional management and oversight of the Department’s IT Unit including, but not limited to,
providing a qualified Chief Information Officer who will provide day to day on-site management, act as the technical
expert with regard to all Health Services Department IT Systems, lead the IT Steering Committee, develop formal
written strategic plans, policies and procedures, create processes for identifying system user needs and translate
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 12/19/2017 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 19, 2017
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc: Tasha Scott, Marcy Wilhelm
C. 56
To:Board of Supervisors
From:William Walker, M.D., Health Services Director
Date:December 19, 2017
Contra
Costa
County
Subject:Contract #23-441-5 with DJR Healthcare Consulting, Inc.
December 19, 2017 Contra Costa County Board of Supervisors Minutes 345
BACKGROUND: (CONT'D)
them into system enhancements, work in collaboration with Department staff, physicians, providers and clients of IT
systems, for the period from January 1, 2016 through December 31, 2017.
Approval of Contract #23-441-5 will allow the Contractor to provide consultation and technical assistance to the
CCRMC and Health Centers as requested by the CCRMC Chief Executive Officer or the Health Services Chief
Executive Officer, through December 31, 2019.
CONSEQUENCE OF NEGATIVE ACTION:
If this contract is not approved, the Department would not have appropriate consultation and technical assistance to
plan, organize direct and evaluate operations at CCRMC and Health Centers.
December 19, 2017 Contra Costa County Board of Supervisors Minutes 346
RECOMMENDATION(S):
Approve and authorize the Health Services Director, or his designee, to execute, on behalf of the County, Contract
Amendment Agreement #23-532-4 with Asante Alliance, LLC, a limited liability company, effective August 1, 2017,
to amend Contract #23-532-3, to increase the payment limit by $750,000, from $100,000 to a new payment limit of
$850,000, with no change in the original term of December 1, 2016 through June 30, 2018.
FISCAL IMPACT:
This amendment is funded 100% by Hospital Enterprise Fund I. (No rate increase)
BACKGROUND:
In December 2016, the County Administrator approved and the Purchasing Services Manager executed Contract
#23-532-3 with Asante Alliance, LLC for the provision of qualified consultants, contract-to-hire and/or direct
placement candidates for hard to fill positions in the Health Services Department's Information Technology Unit for
the period from December 1, 2016 through June 30, 2018.
Approval of Contract Amendment Agreement #23-532-4 will allow the contractor to provide additional qualified
consultants, contract-to-hire and/or direct placement candidates for hard to fill positions in the Health Services
Department's Information Technology Unit through June 30, 2018.
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 12/19/2017 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 Runt,
925-335-8700
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on
the date shown.
ATTESTED: December 19, 2017
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc: K Cyr, M Wilhelm
C. 57
To:Board of Supervisors
From:William Walker, M.D., Health Services Director
Date:December 19, 2017
Contra
Costa
County
Subject:Amendment #23-532-4 with Asante Alliance, LLC
December 19, 2017 Contra Costa County Board of Supervisors Minutes 347
CONSEQUENCE OF NEGATIVE ACTION:
If this amendment is not approved, the contractor will not provide candidates for direct hire to the Information
Technology Unit.
December 19, 2017 Contra Costa County Board of Supervisors Minutes 348
RECOMMENDATION(S):
APPROVE AND AUTHORIZE the Public Defender, or designee, to execute, on behalf of the County, a contract
with Catholic Charities of the Diocese of Oakland DBA Catholic Charities of the East Bay, in an amount not to
exceed $491,843 to provide Civil Legal Deportation-Defense and Community Services for Stand Together CoCo, for
the period from January 1, 2018 through June 30, 2018.
FISCAL IMPACT:
The cost of this contract is funded 100% with AB 109 Public Safety Realignment revenue.
BACKGROUND:
On May 9, 2017, as part of the action to adopt the FY 2017/18 Recommended Budget, the Board of Supervisor
referred to the Finance Committee for review and consideration a proposal for funding an immigrants rights program
in Contra Costa County. The item was heard for the first time by the Finance Committee on June 26, 2017. On
August 16, 2017, the Finance Committee received and reviewed a formal proposal for the project and voted to
recommend the project for funding and implementation. On September 19, 2017, the Board of Supervisors
unanimously voted to establish the project, Stand Together CoCo, and to approve $500,000 in County funds to
underwrite the project from January 1-June 30, 2018, with options to provide $500,000 in County funds annually for
two additional one-year terms (FY 18/19 and FY 19/20), subject to both renewed private funding and satisfactory
program performance. On October 27, 2017, the Contra Costa County Office of the Public Defender issued
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 12/19/2017 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: Jessica Shepard,
510-412-4931
I hereby certify that this is 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 19, 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:Robin Lipetzky, Public Defender
Date:December 19, 2017
Contra
Costa
County
Subject:Stand Together CoCo Contract
December 19, 2017 Contra Costa County Board of Supervisors Minutes 349
BACKGROUND: (CONT'D)
a Request for Proposals with a maximum award of $491,843 to solicit qualified entities interested in providing
necessary services. Proposals were due November 28, 2017. On December 5, 2017, the Office of the Public
Defender convened a Review Panel to evaluate proposals. At the conclusion of its work, the Review Panel
unanimously voted to recommend that the Board of Supervisors award a contract to Catholic Charities of the East
Bay, subject to final approval as to form by County Counsel. The Review Panel’s recommendation is the matter
presented to the Board of Supervisors for your consideration.
CONSEQUENCE OF NEGATIVE ACTION:
If the contract is not approved, a new process would have to be undertaken in order to implement Stand Together
CoCo as approved and directed by the Board of Supervisors. This would delay the project’s implementation,
during which time immigrant rights and protections in Contra Costa would remain at current status quo.
ATTACHMENTS
RFP 1710-260 Proprosal Summary
RFP 1710-260 Award Recommendation
December 19, 2017 Contra Costa County Board of Supervisors Minutes 350
RFP #1710-260 Stand Together CoCo
Attachment A: Summary of Proposed Services
In response to Contra Costa County’s Request for Proposals #1710-260, Catholic Charities of the
Diocese of Oakland, DBA Catholic Charities of the East Bay, proposes to serve as Lead Agency
in a multi-agency partnership to provide an integrated array of civil legal deportation-defense
and immigrant-related community services serving immigrant people throughout Contra Costa
County.
Catholic Charities’ proposal includes, as funded partners, a wide array of community-based
organizations with proven expertise in the issues and activities required by Stand Together
CoCo. In addition to Catholic Charities, the funded partners include Bay Area Community
Resources, Centro Legal de la Raza, International Institute of the Bay Area, Jewish Family and
Community Services, Monument Impact, and Oakland Community Organizations.
Together, and under the administrative supervision of the Office of the Public Defender, this
multi-agency partnership will provide a seamless array of community education and outreach,
rapid response, and deportation-defense legal services to provide no-cost, culturally competent,
community-based support for individuals and families drawn into, or at risk of involvement in,
the federal deportation system.
Consistent with the Stand Together Project Design approved by the Board of Supervisors in
September 2017, the proposed partnership will provide services county-wide, not only providing
services in densely populated areas with high immigrant populations, but also providing
outreach, education, and direct services to the more rural and under-resourced geographic areas
of the county.
The partnership will provide a staffed, 24-hour hotline, leadership development and
advancement opportunities, community-based workshops and trainings, legal consultations and
representation, in-reach to immigrants detained in the county jails, and education and outreach to
schools, faith-based organizations, and community gatherings.
Stand Together CoCo complies with the provisions of Senate Bill 54 and is consistent with
federal law, including 8 U.S.C. Section 1373.
If the Review Panel’s recommendation is approved by the Board of Supervisors, and consistent
with its prior direction to staff, the initial award will be structured for a six-month term (Jan-June
2018) in the amount of $491,843, with options to renew for two additional one-year terms,
subject to both renewed public/private funding and satisfactory performance.
December 19, 2017 Contra Costa County Board of Supervisors Minutes 351
PUBLIC DEFENDER
Contra Costa County
Robin Lipetzky
Public Defender
CENTRAUEAST OFFICE
Supervising Attorneys
Elizabeth Harrigan
Jonathan Laba
Karen Moghtader
December 6, 2017
Request for Proposals #1710-260,
Civil Legal Deportation-Defense and Community Services for Stand Together CoCo:
Review Panel Contract Award Recommendations
On October 27, 2017, the Contra Costa County Office of the Public Defender released Request for Proposals #1710-260
on behalf of the Board of Supervisors to solicit applications to provide Civil Legal Deportation-Defense and Community
Services for Stand Together CoCo. Responses were due November 28, 2017,
Consistent with the County's competitive bidding process, the Office of the Public Defender convened a Review Panel
comprising the following (in alphabetical order):
•Donte Blue, Deputy Director, Contra Costa County Office of Reentry and Justice
•Ana Herrera, Managing Attorney of Deportation Defense and Legal Advocacy, Dolores Street Community
Services
•Robert Lane, Member, Contra Costa Immigrant Rights Alliance
•Ali Saidi, Deputy Public Defender, Contra Costa County Office of the Public Defender
•Bob Uyeki, Executive Director, Y&H Soda Foundation
•Rebecca Brown, President, Further The Work, as the panel's non-voting facilitator
Upon completion of its work, the Review Panel recommends to the Board of Supervisors the following contract award:
RFP #1710-260 Civil Legal Deportation-Defense and Community Services for Stand Together CoCo:
Catholic Charities of the East Bay: $491,843for fiscal year 2017/2018 (January-June 2018)
The Board of Supervisors is expected to make final recommendations on contract awards at its_meeting on December
19, 2017.
The Office of the Public Defender recognizes and appreciates the service of the Review Panel members and thanks all
responders for interest in contracting with Contra Costa County.
cc:Board of Supervisors
David Twa, County Administrator
Jachyn Davis, County Counsel
800 Ferry Street, Martinez, California 94553-1626 • (925)335-8000 • Fax (925) 335-8010
e-mail; defencler@pd.cccounty.us • www.contracostapublicdefender.us
RFP #1710-260 Stand Together CoCo
Attachment B: Review Panel Recommendations
December 19, 2017 Contra Costa County Board of Supervisors Minutes 352
RECOMMENDATION(S):
Approve and authorize the Health Services Director, or his designee, to execute, on behalf of the County, Contract
#24-942-21 with Victor Kogler, an individual, in an amount not to exceed $125,938, to provide consultation, technical
assistance and operational support to the Behavioral Health Services Division/Alcohol and Other Drugs Services
(AODS) with regard to the Division’s System of Care, for the period from January 1, 2018 through December 31,
2018.
FISCAL IMPACT:
This contract is funded 10% by Federal Prevention Set-Aside, 60% by Federal Substance Abuse Prevention
Treatment Discretionary/Realignment, and 30% by County Realignment Funds. (No rate increase)
BACKGROUND:
On February 7, 2017, the Board of Supervisors approved Contract #24-942-20 with Victor Kogler for the provision
of consultation and technical assistance to the Department with regard to the System of Care including, but not
limited to, reviewing and making recommendations with regard to client services and levels of care, collecting and
analyzing data for the client satisfaction surveys and providing written recommendations to the Behavioral Health
Services/AODS Director, for the period from January 1, 2017 through December 31, 2017.
Approval of Contract #24-942-21 will allow the contractor to continue providing services through December 31,
2018.
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 12/19/2017 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
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 19, 2017
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: , Deputy
cc: E Suisala, M Wilhelm
C. 59
To:Board of Supervisors
From:William Walker, M.D., Health Services Director
Date:December 19, 2017
Contra
Costa
County
Subject:Contract #24-942-21 with Victor Kogler
December 19, 2017 Contra Costa County Board of Supervisors Minutes 353
CONSEQUENCE OF NEGATIVE ACTION:
If this contract is not approved, Behavioral Health Services Division/AODS will not receive consultation, technical
assistance and operational support to the Division’s System of Care from this contractor.
CLERK'S ADDENDUM
Union representative have requested additional time to examine impacts on County employees, this item is
therefore: RELISTED to a future date uncertain.
December 19, 2017 Contra Costa County Board of Supervisors Minutes 354
RECOMMENDATION(S):
Approve and authorize the Purchasing Agent, on behalf of the Health Services Department, to execute an amendment
to Purchase Order # F02839 with Stryker Corporation to add $870,000 to a new total not to exceed $2,420,000 for the
purchase of endoscopic equipment, implants and supplies for Contra Costa Regional Medical Center (CCRMC) with
no change in the original term of January 1, 2016 through
December 31, 2018.
FISCAL IMPACT:
100% budgeted in Hospital Enterprise Fund I.
BACKGROUND:
CCRMC has seen a great increase in orthopedic surgeries which has required them to buy large quantities of
equipment implants and supplies from this vendor. The recent survey by the California Department of Health and
Human Services Centers for Medicare and Medicaid Services also required CCRMC to replace old and deteriorating
instruments, furniture, and infection control supplies. CCRMC has been using this vendor for more than ten years.
CONSEQUENCE OF NEGATIVE ACTION:
If this purchase order amendment is not approved, CCRMC will not be able to meet the surgical needs of its patients.
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 12/19/2017 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 19, 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. 60
To:Board of Supervisors
From:William Walker, M.D., Health Services Director
Date:December 19, 2017
Contra
Costa
County
Subject:PURCHASE ORDER AMENDMENT WITH STRYKER CORPORATION
December 19, 2017 Contra Costa County Board of Supervisors Minutes 355
RECOMMENDATION(S):
Approve and authorize the Health Services Director, or his designee, to execute, on behalf of the County, Contract
Amendment Agreement #24-243-60 with R.E.A.C.H. Project, a non-profit corporation, effective July 1, 2017, to
amend Contract #24-243-59, to increase the payment limit by $58,714, from $1,101,875 to a new payment limit of
$1,160,589, to provide additional drug abuse prevention and treatment services to youth and adults in East County,
with no change in the original term of July 1, 2017 through June 30, 2018.
FISCAL IMPACT:
This contract is funded 8% by Substance Abuse Prevention and Treatment Block Grants, 43% by Drug Medi-Cal
Realignment, 43% by Federal Drug Medi-Cal, and 6% by the Probation Department. (No rate increase)
BACKGROUND:
On July 18, 2017, the Board of Supervisors approved Contract #24-243-59 with R.E.A.C.H. Project, for the period
from July 1, 2017 through June 30, 2018, for the provision of drug abuse prevention and treatment services at
Contractor’s facilities throughout East County.
Approval of Contract Amendment Agreement #24-243-60 will allow the contractor to provide additional drug abuse
prevention and treatment services to include both Drug Medi-Cal and SAPT Block Grant funded programs, through
June 30, 2018.
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 12/19/2017 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 19, 2017
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc: E Suisala, M Wilhelm
C. 61
To:Board of Supervisors
From:William Walker, M.D., Health Services Director
Date:December 19, 2017
Contra
Costa
County
Subject:Amendment #24-243-60 with R.E.A.C.H. Project
December 19, 2017 Contra Costa County Board of Supervisors Minutes 356
CONSEQUENCE OF NEGATIVE ACTION:
If this amendment is not approved, individuals will not receive additional alcohol and drug prevention and treatment
services they need to maintain sobriety and reduce risk factors.
CHILDREN'S IMPACT STATEMENT:
This prevention and treatment program supports the following Board of Supervisors’ community outcomes:
“Children Ready For and Succeeding in School”; “Families that are Safe, Stable, and Nurturing”; and “Communities
that are Safe and Provide a High Quality of Life for Children and Families”. Expected program outcomes include
addicted youth being provided an opportunity to prevent or recover from the effects of alcohol or other drug use,
become self-sufficient, and return to their families as productive individuals.
December 19, 2017 Contra Costa County Board of Supervisors Minutes 357
RECOMMENDATION(S):
APPROVE and AUTHORIZE the Interim Public Works Director, or designee, to execute a contract amendment with
LSA, Associates, Inc., for additional specialized assessments in preparation for construction and to comply with
environmental regulations for the Marsh Creek Road Bridge (#28C-0141) Replacement-Environmental Technical
Studies Project, with no change to the payment limit or term, Clayton area. Project No.
0662-6R4079/BRLO-5928(107).
FISCAL IMPACT:
89% Federal Highway Bridge Program Funds and 11% Local Road Funds fund the contract. The amendment will
have no fiscal impact.
BACKGROUND:
Contra Costa County Public Works Department intends to replace the existing Marsh Creek Road Bridge
(#28C-0141) 2 miles east of Morgan Territory Road, located in the Clayton area. The Marsh Creek Road Bridge
Replacement Project (Project) consists of widening and realigning the sections of Marsh Creek Road leading up to
the bridge and constructing a new bridge. The
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 12/19/2017 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: Trina Torres 925.
313-2176
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on
the date shown.
ATTESTED: December 19, 2017
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc:
C. 62
To:Board of Supervisors
From:Brian M. Balbas, Interim Public Works Director/Chief Engineer
Date:December 19, 2017
Contra
Costa
County
Subject:Approve and Authorize a Contract Amendment with LSA Associates, Inc., for additional scope of services, Clayton
area.
December 19, 2017 Contra Costa County Board of Supervisors Minutes 358
BACKGROUND: (CONT'D)
Project is federally funded, which requires special environmental analysis, assessments, technical studies, and
associated reports to ensure environmental compliance in accordance with the standards and protocols pursuant to the
following environmental laws and regulations: Federal Highway Administration (FHWA), California Department of
Transportation Local Assistance (Caltrans), United States Army Corps of Engineers (USACE), National
Environmental Policy Act (NEPA), the California Environmental Quality Act (CEQA), the Clean Water Act, the
Porter-Cologne Water Quality Act, and the State and Federal Endangered Species Acts. All studies must meet
Caltrans requirements, as well as state and federal requirements. The Project is located within the East Contra Costa
County Habitat Conservation Plan/Natural Community Conservation Plan (HCP/NCCP) area, which also requires
specialized assessments and surveys pursuant to the HCP/NCCP Plan. Due to the County’s need for additional
environmental services in preparation for construction to comply with environmental regulations, portions of the
Contract Service Plan need to be amended to include additional scope of services.
CONSEQUENCE OF NEGATIVE ACTION:
Without Board approval, completion of the Project could be delayed due to non-compliance of environmental
regulations.
December 19, 2017 Contra Costa County Board of Supervisors Minutes 359
RECOMMENDATION(S):
Approve and authorize the Purchasing Agent, on behalf of the Health Services Department, to execute an amendment
to Purchase Order #F02756 with Arthrex, Inc. to add $90,000 to a new total not to exceed $870,000 for the purchase
of all medical instruments, supplies, and implants for Contra Costa Regional Medical Center (CCRMC) with no
change in the original term of February 1, 2016 through January 31, 2018.
FISCAL IMPACT:
100% budgeted in Hospital Enterprise Fund I.
BACKGROUND:
CCRMC has increased its use of this vendor’s products as the hospital’s patient load has risen. The recent survey by
the California Department of Health and Human Services Centers for Medicare and Medicaid Services also required
CCRMC to purchase new instruments, replace 80% of its stainless steel furniture, purchase new mattresses to replace
those that were torn, as well as supplies needed to comply with infection control prevention regulations. CCRMC has
used this vendor to buy supplies, instruments, and implants for more than ten years.
CONSEQUENCE OF NEGATIVE ACTION:
If this purchase order amendment is not approved, CCRMC will be unable to meet the needs of its surgical patients.
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 12/19/2017 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, 925-370-5100
I hereby certify that this is 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 19, 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. 63
To:Board of Supervisors
From:William Walker, M.D., Health Services Director
Date:December 19, 2017
Contra
Costa
County
Subject:AMENDMENT TO PURCHASE ORDER WITH ARTHREX, INC.
December 19, 2017 Contra Costa County Board of Supervisors Minutes 360
RECOMMENDATION(S):
Approve and authorize the Health Services Director, or his designee, to execute, on behalf of the County, Novation
Contract #24-751-86 with Anka Behavioral Health, Incorporated, a non-profit corporation, in an amount not to
exceed $4,341,029, to provide community services, support programs and residential mental health services to
County clients for the period from July 1, 2017 through June 30, 2018, which includes a six-month automatic
extension through December 31, 2018, in an amount not to exceed $2,170,514.
FISCAL IMPACT:
This contract is funded 65% by Mental Health Realignment and 35% by Federal Medi-Cal. (Rate increase)
BACKGROUND:
This contract meets the social needs of County’s population by providing a continuum of services to residents
transitioning from crisis residential care to transitional residential care and keeps these clients out of higher levels of
care, including state hospitals.
On October 18, 2016, the Board of Supervisors approved Contract #24-751-84, (as amended by Contract
Amendment Agreement #24-751-85) with Anka Behavioral Health, Incorporated for the provision of community
services, support programs and residential mental health services including, but not limited to: vocational,
community living, socialization, and Medi-Cal rehabilitative programs to County clients, for the period from July 1,
2016 through June 30, 2017, which included a six-month automatic extension through December 31, 2017.
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 12/19/2017 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 19, 2017
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc: E Suisala, M Wilhelm
C. 64
To:Board of Supervisors
From:William Walker, M.D., Health Services Director
Date:December 19, 2017
Contra
Costa
County
Subject:Novation Contract #24-751-86 with Anka Behavioral Health, Incorporated
December 19, 2017 Contra Costa County Board of Supervisors Minutes 361
BACKGROUND: (CONT'D)
Approval of Novation Contract #24-751-86 replaces the automatic extension under the prior contract and allows the
contractor to continue providing services through June 30, 2018.
CONSEQUENCE OF NEGATIVE ACTION:
If this contract is not approved, clients will not receive mental health services provided by this contractor.
December 19, 2017 Contra Costa County Board of Supervisors Minutes 362
RECOMMENDATION(S):
Approve and authorize the Health Services Director, or his designee, to execute, on behalf of the County, Contract
#24–794–9(8) with BHC Sierra Vista Hospital, Inc., a corporation, in an amount not to exceed $250,000, to provide
inpatient psychiatric hospital services for the period from November 1, 2017 through June 30, 2018.
FISCAL IMPACT:
This contract is funded 100% by Mental Health Realignment. (Rate increase)
BACKGROUND:
On September 9, 2014, the Board of Supervisors approved Contract #24–794–9(6) with BHC Sierra Vista Hospital,
Inc., for its Sierra Vista Hospital, for the period from July 1, 2014 through June 30, 2015 for the provision of
inpatient psychiatric hospital services to County-referred adults.
Approval of Contract #24-794-9(8) will allow the contractor to provide inpatient psychiatric hospital services to
County-referred adults through June 30, 2018. This contract includes mutual indemnification to hold harmless both
parties for any claims arising out of the performance of this contract as part of their standard for approval of the
contract with the County.
CONSEQUENCE OF NEGATIVE ACTION:
If this contract is not approved, County’s mental health clients will not receive needed inpatient psychiatric services
from contractor’s facility.
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 12/19/2017 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 19, 2017
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc: E Suisala, M Wilhelm
C. 65
To:Board of Supervisors
From:William Walker, M.D., Health Services Director
Date:December 19, 2017
Contra
Costa
County
Subject:Contract #24–794–9 (8) with BHC Sierra Vista Hospital, Inc.
December 19, 2017 Contra Costa County Board of Supervisors Minutes 363
CHILDREN'S IMPACT STATEMENT:
This program supports the following Board of Supervisors’ community outcome: “Communities that are Safe and
Provide a High Quality of Life for Children and Families”. Expected program outcomes include a decrease in the
need for inpatient care and placement at a lower level of care.
December 19, 2017 Contra Costa County Board of Supervisors Minutes 364
RECOMMENDATION(S):
Approve and authorize the Health Services Director, or his designee, to execute, on behalf of the County, Contract
#76-602 with Elizabeth M. Berryman M.D., an individual, in an amount not to exceed $225,000, to provide primary
physician patient care at the County’s Adult and Juvenile Detention facilities for the period December 1, 2017
through November 30, 2018.
FISCAL IMPACT:
This contract is funded 100% by Hospital Enterprise Fund I.
BACKGROUND:
Under Contract #76-602, the contractor will provide primary physician patient care for patients at the County’s adult
and juvenile detention facilities including clinical coverage, consultation, training, medical and/or surgical
procedures, and on-call coverage for the period from December 1, 2017 through November 30, 2018.
CONSEQUENCE OF NEGATIVE ACTION:
If this contract is not approved, patients requiring primary physician patient care at County’s adult and juvenile
detention facilities will not have access to the contractor’s services.
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 12/19/2017 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 19, 2017
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc: K Cyr, M Wilhelm
C. 66
To:Board of Supervisors
From:William Walker, M.D., Health Services Director
Date:December 19, 2017
Contra
Costa
County
Subject:Contract #76-602 with Elizabeth M. Berryman, M.D.
December 19, 2017 Contra Costa County Board of Supervisors Minutes 365
RECOMMENDATION(S):
Approve and authorize the Health Services Director, or his designee, to execute, on behalf of the County, Contract
Amendment Agreement #26-788-6 with Peyman Keyashian, M.D., an individual, effective December 1, 2017, to
amend Contract #26-788-4, to increase the payment limit by $46,000, from $505,000, to a new payment limit of
$551,000, for the provision of anesthesiology services at Contra Costa Regional Medical Center (CCRMC) and
Health Centers with no change in the original term of February 1, 2017 through January 31, 2018.
FISCAL IMPACT:
This amendment 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 training, medical procedures, and
on-call coverage for the General and Obstetrics Units, for the period from February 1, 2017 through January 31, 2018.
Approval of Contract Amendment Agreement #26-788-6 will allow the contractor to provide additional
anesthesiology care at CCRMC and Health Centers through January 31, 2018.
CONSEQUENCE OF NEGATIVE ACTION:
If this amendment is not approved, patients requiring anesthesiology services at CCRMC and Health Centers will not
have access to the contractor’s services.
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 12/19/2017 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.,
925-370-5475
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of
Supervisors on the date shown.
ATTESTED: December 19, 2017
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc: K Cyr, M Wilhelm
C. 67
To:Board of Supervisors
From:William Walker, M.D., Health Services Director
Date:December 19, 2017
Contra
Costa
County
Subject:Amendment #26-788-6 with Peyman Keyashian, M.D.
December 19, 2017 Contra Costa County Board of Supervisors Minutes 366
RECOMMENDATION(S):
APPROVE and AUTHORIZE the County Administrator, or designee, to execute a contract with Edgar G. Ibarra, dba
Fast Eddie's Auto Service, in an amount not to exceed $75,000 to provide an automotive repair training program for
the incarcerated of Contra Costa County for the period January 1, 2018 through February 28, 2019, and a contract
with the City of Richmond's Richmond Workforce Development Board in an amount not to exceed $175,000 to
provide an employment training program for the period January 1, 2018 through December 31, 2019, subject to
approval as to form by County Counsel.
FISCAL IMPACT:
If approved by the Board of Supervisors, $250,000 of the Public Safety Realignment Local Innovation Subaccount
funding, with a current balance of $305,000, would be awarded to these contractors.
BACKGROUND:
With the passage of SB 1020 in 2012, and beginning with fiscal year 2015-16, the County was required to create a
Public Safety Realignment "Local Innovation Subaccount" which is, according to the California State Association of
Counties' (CSAC) documentation, "intended to promote local innovation and county decision making." The
subaccount is funded by taking a ten percent share of four specified Public Safety Realignment-related growth
accounts: (1) The Trial Court Security Growth Special Account; (2) The Community Corrections Growth Special
Account; (3) The District Attorney and Public Defender Growth Special Account; and (4) the Juvenile Justice
Growth Special Account.
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 12/19/2017 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: L. DeLaney,
925-335-1097
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on
the date shown.
ATTESTED: December 19, 2017
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc: Robert Campbell, Auditor-Controller
C. 68
To:Board of Supervisors
From:PUBLIC PROTECTION COMMITTEE
Date:December 19, 2017
Contra
Costa
County
Subject:Public Safety Realignment Local Innovation Subaccount Contract Awards
December 19, 2017 Contra Costa County Board of Supervisors Minutes 367
BACKGROUND: (CONT'D)
CSAC advises that revenue deposited in this “Local Innovation Fund” must be used to support local needs, and the law establishing the Local
Innovation Subaccount provides the Board of Supervisors with the authority to fund any activity that is otherwise allowable for any of the
underlying accounts that fund the subaccount .
Because each year’s Public Safety Realignment growth revenue is distributed to the County in the subsequent fiscal year, in fiscal year 2016-17
the County’s first deposit of $119,186 was made into the Local Innovation Subaccount from the requisite 2015-16 growth allocations. In this
current fiscal year (FY 17-18), the County expects $186,607 to be deposited in the Local Innovation Subaccount based on the FY 2016-17
growth allocation projections, bringing the total amount of funding in the Local Innovation Subaccount to $305,793.
Award Recommendation Process
In September 2016, the Quality Assurance Committee (QAC) of the Community Corrections Partnership (CCP) initially discussed the
development of recommendations for the use of Local Innovation revenue. This matter was then forwarded to the CCP's Community Advisory
Board (CAB) for their input. The matter was further considered by the QAC in November 2016 as the CAB continued to formulate its input on
the recommendations. In June 2017 the CAB recommended that this revenue be used to fund a capacity building project. The CAB
recommended a project where a cohort of AB 109-funded community based service providers would be guided through a self-assessment of
their needs related to organizational development. The cohort would then be provided individualized, tailored assistance to help participating
agencies build capacity in the critical areas identified through the self-assessment process.
The ORJ received CAB’s input, developed additional considerations, and returned to the QAC in September 2017 for direction to the ORJ to
conduct a Request for Proposals (RFP) process for the provision of up to $250,000, allocated between a capacity building project as
recommended by the CAB and an innovative reentry program to compliment the array of reentry services currently offered in the County. On
October 4, 2017, the ORJ published RFP #1709-252 for “Local Innovation Fund Projects.” The RFP offered up to $75,000 for a “Capacity
Building Project” to be implemented between January 1, 2018 and December 31, 2018, and for up to $175,000 for an “Innovative Reentry
Program” to be provided during the period of January 1, 2018 through December 31, 2019. A Bidder’s Conference was conducted by ORJ
Deputy Director Blue on October 17, 2017 and streamed on-line as a webinar.
Final responses to the RFP were due November 8, 2017, and Review Panels were convened the week of November 12, 2017 to review the
submitted responses and provide the Board of Supervisors with contract award recommendations. Award recommendations from the Review
Panels were issued on November 17, 2017. At its special December 7, 2017 meeting, the Public Protection Committee accepted the contract
award recommendations and directed staff to utilize the balance of Local Innovation Subaccount funds for a Capacity Building project.
Review Panel Scoring Process and Award Recommendations
Upon receipt of RFP responses, which numbered 5 for the Innovative Reentry Program and 1 for the Capacity Building Services Project, the
ORJ conducted a technical compliance review of each proposal; all submitted proposals were provided, confidentially, to the appropriate
Review Panel for review.
Review Panel Composition for the Capacity Building Project:
Rebecca Brown, Further the Work
Patrice Guillory, HealthRIGHT 360
Mariana Moore, Richmond Community Foundation
Jenny Robbins, Contra Costa Health, Housing, and Homeless Services
Review Panel Composition for the Innovative Reentry Program:
William Edwards, Reentry Specialist, Rubicon Programs, Inc.
Lesha Roth, Assistant Chief of Probation
Jody Sicheneder, Sheriff’s Office, Inmate Welfare Fund programs
Harry Thurston, Member, Community Advisory Board to CCP
Jessie Warner, Oakland Unite Program Planner, City of Oakland
Each Review Panel scored the response(s) submitted using a consensus scoring process, facilitated by the Director of the ORJ and the Deputy
Director of the ORJ, that produced a single final consensus score for each proposal. Review Panel members each provided signed Statements of
Impartiality.
The consensus score for the one Capacity Building Project proposal was 51.5 points out of 100. Based on this score, the Review Panel
recommends that the County not award a contract for these services at this time. Staff recommends that another solicitation process be
undertaken in the near future to secure Capacity Building services for the community-based reentry services providers, utilizing the balance of
funds in the Local Innovation Subaccount and any necessary additional Local Innovation Subaccount revenue that may be available in FY 17-18
or thereafter.
There were five proposals submitted to the Innovative Reentry Program Review Panel for scoring. After an initial review of all proposals, four
agencies who submitted the highest scoring proposals were invited to an interview with the Review Panel. Each of the agencies accepted the
invitation, and once these interviews were completed, the Review Panel finalized the scores as follows:
December 19, 2017 Contra Costa County Board of Supervisors Minutes 368
Scoring was
based on a Rating Sheet comprised of a maximum115 points. Based upon these results, the Review Panel recommends awarding a $75,000
contract to Edgar G. Ibarra, doing business as Fast Eddie’s Auto Repair Service, and a contract for $175,000 over two calendar years to the
Richmond Workforce Development Board.
Program Summaries
Fast Eddie's Auto Tech Training Program
The proposed vocational training program in auto repair services is a 90-day Automotive Service Technician correspondence program,
developed to provide vocational training opportunities for incarcerated males and females in Contra Costa County. The in-custody component
would be followed by a 4-week hands-on training program at Fast Eddie's Auto Service. Participants will be expected to complete one module of
the curriculum each week for 12 weeks prior to release from custody. Upon completion, participants will receive a "work-ready" certificate for a
Lube Technician, Brake Technician, and Service Writer and be referred to the Job Developer for employment placement services. Courses will
be offered on a quarterly basis via correspondence with onsite study sessions that include one-on-one or small group support, depending on the
facility access and participant needs. The program aims to provide services to up to 40 incarcerated individuals. This vocational training model,
which blends an in-custody and out-of-custody service approach, has not previously been offered in Contra Costa County.
Richmond Workforce Development Board
The proposed program will enroll up to 80 participants in six cohorts in the 60 hour Accelerating Careers Through Essential Skills (ACES)
Academy to enable participants to develop essential skills for job attainment and retention. The Academy originated to address employment
needs in the warehouse/production/manufacturing sectors of the East Bay. The Academy will provide training in skills such as teamwork, work
ethic, developing positive networks, motivation, conflict management, community service and civic engagement, and responding appropriately
to supervision. Upon completion of the Academy, participants will have several options for further training or immediate employment
assistance. Participants will have the option to enter the RichmondBUILD construction training program upon completion of ACES. Participants
can undertake warehousing/logistics training. Approximately 15 participants each year will receive training and instruction in the Multi-Core
Curriculum (MC3) pre-apprenticeship program and receive the industry-identified MC3 certificate, which would be an innovative element to our
reentry system. The proposed model will feature strong coordination, co-enrollment and co-investment with WIOA and Prop. 39 grant funds.
December 19, 2017 Contra Costa County Board of Supervisors Minutes 369
RECOMMENDATION(S):
ADOPT Resolution No. 2017/454 approving and authorizing the Interim Public Works Director, or designee, to
execute a contract with CleanStreet, a California Corporation, in an amount not to exceed $1,000,000, to provide
routine street sweeping services for curbed streets in unincorporated Contra Costa County, for the period December
19, 2017 through December 31, 2020, Countywide. Project No. 7517-6W7223.
FISCAL IMPACT:
All costs associated with this contract will not exceed $1,000,000, and will be funded by the Stormwater Utility
Assessment revenue from the unincorporated areas (Fund No. 251700) designated to the County Watershed Program.
BACKGROUND:
The County Watershed Program is responsible for ensuring the County's compliance with two state-mandated
municipal stormwater discharge permits under the National Pollutant Discharge Elimination System (NPDES): the
Municipal Regional Permit (MRP) No. CAS612008 and the East Contra Costa County Municipal NPDES Permit No.
CAS083313. The permit's provisions are met through various pollution prevention programs, including municipal
maintenance and reduction of pollutants
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 12/19/2017 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: Michele Mancuso, (925)
313-2236
I hereby certify that this is 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 19, 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:Brian M. Balbas, Interim Public Works Director/Chief Engineer
Date:December 19, 2017
Contra
Costa
County
Subject:Execute a contract with CleanStreet, a California Corporation, Countywide.
December 19, 2017 Contra Costa County Board of Supervisors Minutes 370
BACKGROUND: (CONT'D)
of concern, in order to reduce water-quality impacts from urban runoff.
Routine street sweeping helps satisfy the mandated reduction of pollutants to the County's storm drain system.
Street sweeping removes sediment, debris, and other contaminants that might normally enter the storm drain
system and flow untreated to creeks and other natural waterways. Approval of this contract will allow monthly
street sweeping of curbed streets in unincorporated areas of the County in the following four service areas and
unincorporated communities:
West County (El Sobrante, East Richmond Heights, North Richmond, SW Kensington, Rodeo, Crockett,
Rollingwood, Montalvin/Montara Bay, and Tara Hills)
Central County (Pacheco, Clyde, Vine Hill, North Concord, Pleasant Hill, and Saranap)
East County (Discovery Bay)
South County (Alamo and Camino Tassajara)
The Public Works Department Watershed Program will administer this street sweeping contract for clean water
compliance. The County Watershed Program is not responsible for non-routine street sweeping related to road
improvements and maintenance (chip seal cleanup) and/or construction projects.
Under California Public Resources Code section 40059, the County is required to contract for solid waste handling
services of the type CleanStreet is providing by ordinance or resolution. This action will provide routine street
sweeping services to remove debris from curbed streets in unincorporated Contra Costa County.
CONSEQUENCE OF NEGATIVE ACTION:
Without approval by the Board of Supervisors, routine street sweeping service will not be provided to residents of
unincorporated Contra Costa County. The County will not be in compliance with its Municipal Stormwater
NPDES permits with the San Francisco Bay and Central Valley Regional Water Quality Control Board(s), which
could result in enforcement action and fines of up to $15,000 per day. Neighborhoods will suffer from the
unsightly accumulation of trash collecting with gutters. They may experience localized flooding from excess
leaves collecting within drainage inlets during the rainy season, and they may encounter safety issues from the
buildup of road associated debris, i.e., rocks and aggregate.
AGENDA ATTACHMENTS
Resolution No. 2017/454
MINUTES ATTACHMENTS
Signed Resolution No. 2017/454
December 19, 2017 Contra Costa County Board of Supervisors Minutes 371
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
and for Special Districts, Agencies and Authorities Governed by the Board
Adopted this Resolution on 12/19/2017 by the following vote:
AYE:
John Gioia
Candace Andersen
Diane Burgis
Karen Mitchoff
Federal D. Glover
NO:
ABSENT:
ABSTAIN:
RECUSE:
Resolution No. 2017/454
IN THE MATTER OF approving and authorizing the Interim Public Works Director, or designee, to execute a contract with
CleanStreet, a California Corporation. (Countywide)
WHEREAS, 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 with are of local concern;
and
WHEREAS, 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 with CleanStreet, a
California Corporation, to provide routine street sweeping services for curbed streets in unincorporated areas of the County for
the Contra Costa County Watershed Program as authorized by California Public Resources Code section 40059.
NOW, THEREFORE, BE IT RESOLVED that the Interim Public Works Director, or designee, is hereby authorized to execute a
contract with CleanStreet, in an amount not to exceed $1,000,000 for the term December 19, 2017 through December 31, 2020,
to provide routine street sweeping of curbed streets in unincorporated areas of the County for the Contra Costa County Watershed
Program.
Contact: Michele Mancuso, (925) 313-2236
I hereby certify that this is 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 19, 2017
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc:
5
December 19, 2017 Contra Costa County Board of Supervisors Minutes 372
December 19, 2017 Contra Costa County Board of Supervisors Minutes 373
RECOMMENDATION(S):
APPROVE and AUTHORIZE the Interim Public Works Director, or designee, to execute a contract amendment with
C&J Painting to increase the payment limit from $500,000 to a new payment limit of $3,000,000, for interior and
exterior painting services, with no change to the original term of May 1, 2017 through April 30, 2020, Countywide.
FISCAL IMPACT:
This cost is to be funded through Facilities Services budgets. (100% General Fund)
BACKGROUND:
Facilities Services is tasked with painting County facilities. With an improved County budget and Facilities Lifecycle
Investment Program projects, the painting work orders have begun to amass. The amount of work has surpassed
Facilities’ ability to conduct work in a timely manner with the current staff. Bidsync # 1701-206 solicited several
painting contractors interested in performing sublet on-call painting work for Facilities Services. Facilities has
selected three painting contractors to provide these services to the County. C&J Painting is the first of these
contractors. Due to several uncommon situations such as state and federal inspections of the
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 12/19/2017 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.
313-7078
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on
the date shown.
ATTESTED: December 19, 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 19, 2017
Contra
Costa
County
Subject:Approve a Contract Amendment with C&J Painting, Countywide.
December 19, 2017 Contra Costa County Board of Supervisors Minutes 374
BACKGROUND: (CONT'D)
Health Services facilities, an enormous amount of painting was required to resolve deficiencies identified by the
inspectors. Since September 2017, close to $500,000 has been spent on painting at the Contra Costa Regional
Medical Center (CCRMC) which has exhausted the original dollar amount of the contract with C&J Painting.
Additional painting is still needed at CCRMC and at Health Clinic buildings throughout the County. Facilities
Services is requesting the dollar amount be amended.
CONSEQUENCE OF NEGATIVE ACTION:
If this contract amendment is not approved, sublet on-call painting will not be performed.
December 19, 2017 Contra Costa County Board of Supervisors Minutes 375
RECOMMENDATION(S):
1. RECONSTITUTE the County Library Commission in its composition and powers, as recommended by the Library
Commission and County Librarian.
2. DIRECT the County Librarian to return to the Board within 90 days with recommendations for revised
Commission bylaws consistent with these changes.
FISCAL IMPACT:
No fiscal impact.
BACKGROUND:
On March 7, 1991, the Board of Supervisors established a Countywide Library Commission (see attached 1991
Board Order). At that time, the Commission comprised 27 members. Two additional members were added when the
City of Oakley incorporated in 2000 and the Contra Costa Community College District was invited to join the
Commission, bringing the total composition to 29 members.
On December 13, 2016, the Board of Supervisors voted to accept the Library Commission Ad Hoc Revitalization
Committee’s recommendation to REAUTHORIZE the Commission through December 31, 2019 (Item C.62) with a
composition of 24 voting members and 4 non-voting special representatives; the City of Richmond elected to leave
the Library Commission.
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 12/19/2017 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: 925-608-7701
I hereby certify that this is 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 19, 2017
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Stephanie Mello, Deputy
cc:
C. 71
To:Board of Supervisors
From:Melinda Cervantes, County Librarian
Date:December 19, 2017
Contra
Costa
County
Subject:Reconstitution of the County Library Commission in Composition and Powers
December 19, 2017 Contra Costa County Board of Supervisors Minutes 376
BACKGROUND: (CONT'D)
>
The following changes are recommended to reflect the evolution of the Library Commission and its member
organizations:
I. COMPOSITION:
Amend the composition of the Library Commission to be no fewer than 24 voting members and no greater than
28 total members. Members will each serve a four year term and may be reappointed by their respective
appointing organizations. Appointing organizations may also appoint one alternate for each seat to serve when the
primary commissioner is absent. The terms of new commissioners will be staggered so that each Supervisorial
District, and cities/towns within each District, are equally represented; this may result in one, two, three or four
year initial terms. Successive terms of office will commence on July 1 following expiration of the initial term for a
period of four years ending on June 30. The composition shall be:
A. Eighteen (18) representatives, one from each of the 18 cities (towns) in the County Library Service Area,
to be appointed by the City (Town) Council and to be other than a member of the city council.
B. Five (5) representatives of the County to be appointed by the Board of Supervisors, one to represent each
Supervisorial District and to be other than a member of the Board of Supervisors.
C. Four (4) representatives to serve as ex officio (non-voting) members of the following:
Contra Costa County Office of Education
Contra Costa Friends Council
East Bay Leadership Council
Contra Costa Community College District
D. One (1) representative of the following:
Contra Cost Central Labor Council
E. Alternate members may be appointed and, when seated due to the absence of the Primary member, may
serve as the voting member for their appointing authority.
II. PURPOSE AND DUTIES:
A. Serve in an advisory capacity to the Board of Supervisors and the County Librarian.
B. Provide a community linkage to the County Library including, but not limited to, providing regular
reports on the activities of the Commission to appointing authorities.
C. Serve as a forum for the community to express its views regarding the goals and operations of the
County Library
D. Assist the Board of Supervisors and the County Librarian to provide library services based on assessed
public need.
E. Develop and recommend proposals to the Board of Supervisors and County Librarian for the betterment
of the County Library including, but not limited to, such efforts as insuring a stable and adequate funding
level for the libraries in the County.
F. Participate in the planning process, including the Library element of the County General Plan and the
Library Strategic Plan.
G. Assist in the review of County Library policies that the Commission and the County Librarian determine
will improve the operations of the County Library and service to the public.
H. Perform such other tasks and undertake such other assignments as may from time to time, be referred to
them by the Board of Supervisors or County Librarian.
I. Provide reports to the Board of Supervisors and County Librarian when the Commission deems such
reports to be timely and appropriate.
The Library Commission is an advisory body and as such is specifically prohibited from undertaking any
inquiry or investigation into the personnel policies and practices of the County Library or the day-to-day
December 19, 2017 Contra Costa County Board of Supervisors Minutes 377
administrative operations of the County Library; and from taking any action that would imply the County’s
support or opposition to legislation in the absence of, or inconsistent with, adopted Board positions. Only
the Board of Supervisors can send letters on a particular piece of legislation.
III. GOVERNANCE:
A. The Commission will elect its own Chair and Vice-Chair. The County Librarian or his/her designee will
serve as Secretary.
B. When a vacancy occurs on the Commission, the appointing organization shall fill the vacancy.
C. A quorum shall be 13 voting members.
D. Consistent with the policy of the Board of Supervisors on open government, the Library Commission
shall govern itself consistent with the Board’s policy on conflict of interest and the provisions of the Ralph
M. Brown Act and the County's Better Government Ordinance.
IV. VOTING:
A. Direct that the work of the Commission proceed by consensus whenever there is no objection from a
member to proceeding in this manner.
B. On any matter where any member requests a recorded vote on a matter, approval of the matter shall
require a majority vote by the city representatives and a majority vote by the County Board of Supervisors'
appointees.
C. Changes to the Bylaws are the exception, and will require 60 percent approval by voting members.
D. Alternate members may vote in the absence of the Primary member.
V. FREQUENCY OF MEETINGS:
A. The Library Commission will meet at least quarterly and no more than six times each year, to discuss
and vote on major policy issues and to be involved in providing local input for the County Library budget
and strategic plan.
B. The County Librarian will provide appropriate staff support to the Commission.
CONSEQUENCE OF NEGATIVE ACTION:
If this amendment is not approved, a change in the composition and powers will not be made, achieving a quorum
at meetings will be difficult, and special representative organizations will not be appropriately named.
ATTACHMENTS
1991 Board Order Establishing Library Commission
December 19, 2017 Contra Costa County Board of Supervisors Minutes 378
ARCHIVED DOCUMENTDecember 19, 2017Contra Costa County Board of Supervisors Minutes379
ARCHIVED DOCUMENTDecember 19, 2017Contra Costa County Board of Supervisors Minutes380
ARCHIVED DOCUMENTDecember 19, 2017Contra Costa County Board of Supervisors Minutes381
ARCHIVED DOCUMENTDecember 19, 2017Contra Costa County Board of Supervisors Minutes382
ARCHIVED DOCUMENTDecember 19, 2017Contra Costa County Board of Supervisors Minutes383
RECOMMENDATION(S):
AUTHORIZE the destruction of County records maintained by the County Counsel's Office that are over two (2)
years old and are no longer necessary or required for County purposes pursuant to Government Code section 26202.
FISCAL IMPACT:
None.
BACKGROUND:
Currently, the office has authority to dispose of certain records that are over five years old. Despite this, the office's
collection of closed case files has increased to the point that we are running out of space to store them. We anticipate
that storage space will be further reduced when we transition to the new building. For these reasons, a shorter
disposal schedule is needed. This change will allow the County Counsel's Office to efficiently manage the volume of
records continuously generated and received and, when appropriate, dispose of unnecessary records and documents
that have no apparent historical significance or further administrative or litigation value, are more than two (2) years
old, are not required to be maintained by state statute, and are no longer necessary or required for County purposes
pursuant to Government Code section
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 12/19/2017 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 19, 2017
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc: Wanda McAdoo, County Counsel
C. 72
To:Board of Supervisors
From:Sharon L. Anderson, County Counsel
Date:December 19, 2017
Contra
Costa
County
Subject:Destruction of Records of the County Counsel's Office
December 19, 2017 Contra Costa County Board of Supervisors Minutes 384
BACKGROUND: (CONT'D)
26202.
Government Code section 26202 provides that any record more than two years old may be destroyed without being
photographed, microfilmed or otherwise reproduced if:
1. It is not required by state statue or county charter to be prepared or received; or
2. It is prepared or received pursuant to state statute or county charter, but it is not expressly required by law to be
filed or preserved.
Passage of this order requires a four-fifth (4/5) vote of the Board as it relates to documents expressly required by state
statute to be prepared or received.
CONSEQUENCE OF NEGATIVE ACTION:
The County Counsel's Office will incur additional costs to secure offsite storage.
December 19, 2017 Contra Costa County Board of Supervisors Minutes 385
RECOMMENDATION(S):
APPROVE and AUTHORIZE the Sheriff-Coroner, or designee, to execute a License Agreement with the United
States of America by the Secretary of the Navy, allowing the County to use a portion of the former Naval Weapons
Station in Concord to conduct public safety training, for the period of December 16, 2017 through December 15,
2018. APPROVE and AUTHORIZE the Sheriff, or designee, to enter into Sublicense Agreements with other public
agencies, in the form attached, allowing the public agencies to use the County-licensed portion of the former Naval
Weapons Station in Concord to conduct public safety training, for the period ending December 15, 2018.
FISCAL IMPACT:
Zero fiscal impact. Usage only agreement.
BACKGROUND:
The Navy Office in San Diego has been managing the scheduling of the Marine Ocean Terminal Concord (MOTCO)
Administrative Area for Public Safety training. For numerous years there were occurrences of scheduling conflicts,
double bookings, and unscheduled training. The Navy has now provided the opportunity for the Office of the Sheriff
to take control of scheduling training
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 12/19/2017 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 19, 2017
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc:
C. 73
To:Board of Supervisors
From:David O. Livingston, Sheriff-Coroner
Date:December 19, 2017
Contra
Costa
County
Subject:U.S. Department of the Navy
December 19, 2017 Contra Costa County Board of Supervisors Minutes 386
BACKGROUND: (CONT'D)
not only for this Office, but also any other public safety training our Office approves of. It is essential for the Office
of the Sheriff to be able to train on the site in order to continue the Law Enforcement Training Academy program,
since portions of the vehicle training can not be conducted on public roadways. Under the License Agreement, the
County agrees to release the Navy from liability and must indemnity the Navy against loss of damage arising from
the use of property.
CONSEQUENCE OF NEGATIVE ACTION:
The Sheriff will not be able to enter into an agreement with the Navy for use of the Former CNWS.
CHILDREN'S IMPACT STATEMENT:
No impact.
December 19, 2017 Contra Costa County Board of Supervisors Minutes 387
RECOMMENDATION(S):
APPROVE clarification of Board action of October 17, 2017 (Item C. 69) that approved and authorized the
Employment and Human Services Director, or designee, to accept supplemental grant funding from the U.S.
Department of Justice, Office of Violence Against Women for the Domestic Violence Homicide Prevention
Demonstration Initiative, Lethality Assessment Program, to change the term from October 1, 2017 through September
30, 2018 to October 1, 2017 through September 30, 2019, with no change in the payment limit of $1,984,787.
FISCAL IMPACT:
This action has no fiscal impact.
BACKGROUND:
The Department of Justice, Office of Violence Against Women, was created to build capacity of local jurisdictions to
improve identification of and provision of services for domestic violence victims who are at risk of lethality, and to
improve the monitoring of high risk offenders.
This board order clarifies the term of the contract between the County and the Department of Justice, Office of
Violence Against Women, approved at the October 17, 2017 Board of Supervisors meeting (Item C. 69) to be
October 17, 2017 through September 30, 2019. The Department submitted September 30, 2018 as the term end date
in error, which is not the term end date stated in the grant.
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 12/19/2017 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 19, 2017
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc:
C. 74
To:Board of Supervisors
From:Kathy Gallagher, Employment & Human Services Director
Date:December 19, 2017
Contra
Costa
County
Subject:Approve Clarification of October 17, 2017 Board Action Item C.69/U.S. Department of Justice, Office of Violence
Against Women Grant
December 19, 2017 Contra Costa County Board of Supervisors Minutes 388
CONSEQUENCE OF NEGATIVE ACTION:
Without the clarification, the term of the grant funding would be incorrect in the Board order.
December 19, 2017 Contra Costa County Board of Supervisors Minutes 389
RECOMMENDATION(S):
ADOPT Resolution No. 2017/444 and Resolution No. 2017/450 authorizing operation of the Ygrene PACE
Program within the County’s jurisdiction.
1.
AUTHORIZE the Conservation and Development Director, or designee, to execute the Operating Agreement
with the Golden State Financing Authority (GSFA) to operate the Ygrene PACE financing program in the
unincorporated area of Contra Costa County.
2.
AUTHORIZE the Conservation and Development Director, or designee, to execute the Indemnification and
Insurance Agreement with Ygrene Energy Fund, LLC, to provide indemnification and insurance protection to
the County related to the Ygrene PACE financing program.
3.
FISCAL IMPACT:
There is no fiscal impact to the County associated with this item.
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 12/19/2017 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: Jason Crapo,
925-674-7722
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on
the date shown.
ATTESTED: December 19, 2017
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc:
C. 75
To:Board of Supervisors
From:John Kopchik, Director, Conservation & Development Department
Date:December 19, 2017
Contra
Costa
County
Subject:Ygrene PACE Financing Program
December 19, 2017 Contra Costa County Board of Supervisors Minutes 390
BACKGROUND:
California law allows cities, counties, and other authorized public agencies to establish voluntary financing
districts to facilitate energy and water efficiency improvements to existing residential and commercial properties.
Such financing is commonly referred to as Property Assessed Clean Energy (PACE) financing. Once established,
property owners within the boundaries of such a district can choose to enter into a voluntary agreement and
borrow funds from the district to finance energy efficiency improvements on their property. The assessment is
then repaid in installments on the property tax bill.
The Golden State Financing Authority (GSFA) is a Joint Powers Authority with the legal authority to establish
PACE financing districts, and is the public agency sponsor of the Ygrene PACE financing program. Contra Costa
County is a member agency of GSFA. GSFA contracts with Ygrene Energy Fund, LLC to administer day-to-day
operations of the Ygrene PACE program.
On June 16, 2015, the Board of Supervisors approved the recommendation of the Internal Operations Committee
to direct the Department of Conservation and Development (DCD) to establish an application process and accept
applications from PACE providers to operate within the unincorporated area of the County. The Board also
approved the form of an Operating Agreement the County would require PACE providers to enter into with the
County as a condition of operations. The purpose of the Operating Agreement is to protect the County and the
general public from the potential costs and risks of PACE programs. The Operating Agreement requires PACE
providers to participate in the State PACE Loss Reserve Program, disclose financial costs and risks to
participating property owners, and indemnify the County from legal claims arising from the operation of PACE
programs.
The Board of Supervisors has previously authorized two other PACE programs to operate within the County’s
jurisdiction: CaliforniaFirst and California HERO. If the Board approves the recommended actions, Ygrene would
become the third PACE program authorized to operate within the unincorporated area of the County.
CONSEQUENCE OF NEGATIVE ACTION:
If the Board of Supervisors does not approve the recommended actions, the Ygrene PACE financing program will
not be able to provide property owners in the unincorporated area of the County with financing for energy and
water efficiency improvements to their property.
AGENDA ATTACHMENTS
Resolution No. 2017/444
Resolution No. 2017/450
Operating Agreement with Attachments A, B, C
Ygrene Indemnification Agreement
MINUTES ATTACHMENTS
Signed Resolution No. 2017/444
Signed Resolution No. 2017/450
December 19, 2017 Contra Costa County Board of Supervisors Minutes 391
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
and for Special Districts, Agencies and Authorities Governed by the Board
Adopted this Resolution on 12/19/2017 by the following vote:
AYE:
John Gioia
Candace Andersen
Diane Burgis
Karen Mitchoff
Federal D. Glover
NO:
ABSENT:
ABSTAIN:
RECUSE:
Resolution No. 2017/444
IN THE MATTER OF THE BOARD OF SUPERVISORS OF THE COUNTY OF CONTRA COSTA, CALIFORNIA,
CONSENTING TO INCLUSION OF PROPERTIES WITHIN THE COUNTY’S JURISDICTION IN THE GOLDEN STATE
FINANCE AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 2014-1 (CLEAN ENERGY) TO FINANCE
RENEWABLE ENERGY IMPROVEMENTS, ENERGY EFFICIENCY AND WATER CONSERVATION IMPROVEMENTS,
ELECTRIC VEHICLE CHARGING INFRASTRUCTURE, AND OTHER AUTHORIZED IMPROVEMENTS.
WHEREAS, the Golden State Finance Authority is a joint powers authority (the “Authority”) established pursuant to Chapter 5
of Division 7, Title 1, of the Government Code of the State of California (Section 6500 and following) and the Joint Powers
Agreement entered into on July 1, 1993, as amended to date (the “Authority JPA”); a copy of the Authority JPA (without the
signature pages) is attached hereto as Exhibit A; and WHEREAS, the Authority has amended the Authority JPA to formally
change its name from California Home Finance Authority to Golden State Finance Authority; and WHEREAS, the Authority has
established a Community Facilities District, CHFA No. 2014-1 (Clean Energy) (the “Authority CFD Program”) in accordance
with the Mello-Roos Community Facilities District Act, set forth in section 53311 through 53368.3 of the California Government
Code (the “Act”) and particularly in accordance with sections 53313.5(1) and 53328.1(a) (the “District”); and
WHEREAS, the purpose of the Authority CFD Program is to finance or refinance (including the payment of interest) the
acquisition, installation, and improvement of energy efficiency, water conservation, renewable energy, electric vehicle charging
infrastructure and other authorized improvements permanently affixed to private or publicly-owned real property (the
“Authorized Improvements”); and
WHEREAS, the County of Contra Costa (the “County”) is committed to development of renewable energy generation and
energy efficiency improvements, reduction of greenhouse gases, and protection of the environment;
WHEREAS, in the Act, the Legislature has authorized a parcel within the territory of the District to annex to the District and be
subject to the special tax levy of the District only (i) if the city or county within which the parcel is located has consented, by the
adoption of a resolution by the applicable city council or county board of supervisors, to the inclusion of parcels within its
boundaries in the District and (ii) with the unanimous written approval of the owner or owners of the parcel when it is annexed
(the “Unanimous Approval Agreement”), which, as provided in section 53329.6 of the Act, shall constitute the election required
by the California Constitution;
WHEREAS, the County wishes to provide innovative solutions to its property owners to achieve energy efficiency and water
conservation and in doing so cooperate with Authority in order to efficiently and economically assist property owners the County
in financing such Authorized Improvements;
WHEREAS, the Authority has established the District, as permitted by the Act and the Authority JPA, and the County is an
Associate Member of the Authority JPA and desires to participate in the Authority CFD Program and to assist property owners
within the unincorporated area of the County in financing the cost of installing Authorized Improvements.
BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF CONTRA COSTA AS FOLLOWS:
SECTION 1. The Board of Supervisors finds and declares that properties in the County’s unincorporated area will be benefited
by the availability of the Authority CFD Program to finance the installation of the Authorized Improvements.
5
December 19, 2017 Contra Costa County Board of Supervisors Minutes 392
SECTION 2. The Board of Supervisors consents to inclusion in the Authority CFD Program of all of the properties in the
unincorporated area within the County and to the Authorized Improvements, upon the request of and execution of the Unanimous
Approval Agreement by the owners of such properties when such properties are annexed, in compliance with the laws, rules and
regulations applicable to such program, and to the assumption of jurisdiction thereover by Authority for the purposes thereof.
SECTION 3. The consent of the Board of Supervisors constitutes assent to the assumption of jurisdiction by Authority for all
purposes of the Authority CFD Program and authorizes Authority, upon satisfaction of the conditions imposed in this resolution,
to take each and every step required for or suitable for financing the Authorized Improvements.
SECTION 4. The County is not be responsible for any of the following: the conduct of any special tax proceedings; the levy and
collection of special taxes; or any required remedial action in the case of delinquencies in the payment of any special taxes in
connection with the District.
SECTION 5. County staff is authorized to assist Authority staff to facilitate operation of the Authority CFD Program within the
County, including assisting in the levying, collecting, and enforcement of the special tax lien to finance the Authorized
Improvements.
SECTION 6. This Resolution shall take effect immediately upon its adoption. The Clerk of the Board of Supervisors is directed
to send a certified copy of this resolution to the Secretary of the Authority.
Contact: Jason Crapo, 925-674-7722
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown.
ATTESTED: December 19, 2017
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc:
December 19, 2017 Contra Costa County Board of Supervisors Minutes 393
December 19, 2017 Contra Costa County Board of Supervisors Minutes 394
December 19, 2017 Contra Costa County Board of Supervisors Minutes 395
RESOLUTION NO. 2017/450
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on December 19, 2017 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
RESOLUTION NO. 2017/450
RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF CONTRA COSTA,
CALIFORNIA, CONSENTING TO INCLUSION OF PROPERTIES WITHIN THE COUNTY’S
JURISDICTION IN THE GOLDEN STATE FINANCE AUTHORITY PROGRAM TO FINANCE
RENEWABLE ENERGY GENERATION, ENERGY AND WATER EFFICIENCY
IMPROVEMENTS, ELECTRIC VEHICLE CHARGING INFRASTRUCTURE, AND OTHER
AUTHORIZED IMPROVEMENTS.
WHEREAS, the Golden State Finance Authority (“Authority”) is a joint exercise of powers
authority established pursuant to Chapter 5 of Division 7, Title 1 of the Government Code of the
State of California (Section 6500 and following) (the “Act”) and the Joint Power Agreement
entered into on July 1, 1993, as amended from time to time (the “Authority JPA”); a copy of the
Authority JPA (without the signature pages) is attached hereto as Exhibit A; and
WHEREAS, the Authority has amended the Authority JPA to formally change its name
from California Home Finance Authority to Golden State Finance Authority; and
WHEREAS, Authority has established a property-assessed clean energy (“PACE”) Program
(the “Authority PACE Program”) to provide for the financing of renewable energy generation,
energy and water efficiency improvements, electric vehicle charging infrastructure and other
authorized improvements (the “Improvements”) pursuant to Chapter 29 of the Improvement Bond
Act of 1911, being Division 7 of the California Streets and Highways Code (“Chapter 29”) within
counties and cities throughout the State of California that elect to participate in such program; and
WHEREAS, the County of Contra Costa (the “County”) is committed to development of
renewable energy generation and energy and water efficiency improvements, reduction of
greenhouse gases, and protection of the environment; and
WHEREAS, in Chapter 29, the Legislature has authorized cities and counties to assist
property owners in financing the cost of installing Improvements through a voluntary contractual
assessment program; and
December 19, 2017 Contra Costa County Board of Supervisors Minutes 396
RESOLUTION NO. 2017/450
WHEREAS, installation of such Improvements by property owners within the jurisdictional
boundaries of the counties and cities that are participating in the Authority PACE Program would
promote the purposes cited above; and
WHEREAS, the County wishes to provide innovative solutions to its property owners to
achieve energy and water efficiency, and in doing so cooperate with Authority in order to
efficiently and economically assist property owners within the unincorporated areas of the County
in financing such Improvements; and
WHEREAS, the Authority has established the Authority PACE Program, which is such a
voluntary contractual assessment program, as permitted by the Act and the Authority JPA originally
made and entered into July 1, 1993, as amended to date, and the County is an Associate Member of
the JPA and desires to participate in the Authority PACE Program, and to assist property owners
within the jurisdiction of the County in financing the cost of installing Improvements.
NOW, THEREFORE, BE IT RESOLVED BY THE CONTRA COSTA COUNTY BOARD OF
SUPERVISORS AS FOLLOWS:
1. The Board of Supervisors finds and declares that properties in the County’s
unincorporated area will be benefited by the availability of the Authority PACE Program to finance
the installation of the Improvements.
2. The Board of Supervisors consents to inclusion in the Authority PACE Program of
all of the properties in the unincorporated area within the County and to the Improvements, upon
the request by and execution of the voluntary contractual assessment agreement by all owners of
such properties, in compliance with the laws, rules and regulations applicable to such program, and
to the assumption of jurisdiction thereover by Authority for the purposes thereof.
3. The consent of the Board of Supervisors constitutes assent to the assumption of
jurisdiction by Authority for all purposes of the Authority PACE Program and authorizes Authority,
upon satisfaction of the conditions imposed in this resolution, to take each and every step required
for or suitable for financing the Improvements, including the levying, collecting and enforcement of
the contractual assessments to finance the Improvements and the issuance and enforcement of
bonds to represent such contractual assessments.
4. The County is not responsible for any of the following: the conduct of any
assessment proceedings; the levy and collection of assessments; or any required remedial action in
the case of delinquencies in the payment of any assessments or the issuance; or sale or
administration of any bonds issued in connection with the Authority PACE Program.
5. County staff is authorized to assist Authority staff to facilitate operation of the
Authority PACE Program within the County, including assisting in the levying, collecting, and
enforcement of the special tax lien to finance the Improvements.
December 19, 2017 Contra Costa County Board of Supervisors Minutes 397
RESOLUTION NO. 2017/450
6. This Resolution shall take effect immediately upon its adoption. The Clerk of the
Board of Supervisors is directed to send a certified copy of this resolution to the Secretary of the
Authority.
I hereby certify that this is 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 19, 2017
David Twa, Clerk of the Board of Supervisors
And County Administrator
By ___________________________________Deputy
December 19, 2017 Contra Costa County Board of Supervisors Minutes 398
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Attachment A
Unanimous Approval Agreement
December 19, 2017 Contra Costa County Board of Supervisors Minutes 413
California Home Finance Authority
Community Facilities District No. 2014-1 (Clean Energy)
UNANIMOUS APPROVAL AGREEMENT
This Unanimous Approval Agreement, dated …….…………………………..………..…….…..., for purposes of identification only, is between Golden
State Finance Authority, a California joint exercise of powers authority (the “Authority”), and all of the persons or entities identified below as owners
of the real property identified herein (collectively, the “Owner”).
Owner No. 1:
Owner No. 2:
Owner No. 3:
Owner No. 4:
Trust:
Legal Entity:
Property Street Address:
Background
A.In connection with its Clean Energy Program (the “Program”), the Authority has established the California Home Finance Authority Community Facilities District
No. 2014-1 (Clean Energy) (the “CFD”) for the purpose of levying special taxes against certain developed properties. The tax revenues will be used to finance,
refinance, or lease the acquisition and installation on those properties of qualifying renewable-energy systems and energy- and water-efficiency improvements.
B.The CFD was formed by the Authority under the Mello-Roos Community Facilities Act of 1982, set forth in sections 53311 through 53368.3 of the California
Government Code (the “Act”), and particularly under sections 53313.5(l) and 53328.1, which the California Legislature added to the Act in 2011 to promote energy-
and water-efficiency improvements needed to address global climate change (see Statutes 2011, chapter 493 (Senate Bill No. 555)). As the Legislature declared in
the Act, “a public purpose will be served by providing the legislative body of a local agency with the authority to use special taxes pursuant to the Mello-Roos
Community Facilities Act of 1982 to finance the installation of energy efficiency and renewable energy improvements that are affixed, as specified in section 660 of
the Civil Code, to residential, commercial, industrial, or other property.” The purpose and method of administration of the special taxes under the CFD are further
described in the CFD Hearing Report submitted to the Secretary of the Authority in conjunction with the public hearing concerning the formation of the CFD held
by Board of the Authority on December 10, 2014, as it may be amended from time to time (the “Report”).
C.The Authority has contracted with Ygrene Energy Fund California, LLC (the “Program Administrator”) to administer the Program and to fund the acquisition and
installation of qualifying renewable-energy systems and energy- and water-efficiency improvements through the CFD for the duration of the contract.
D.To participate in the Program, a property must annex to the CFD. The Act permits annexation to the CFD only with the unanimous approval of all of the
property’s owners. One purpose of this Unanimous Approval Agreement is to memorialize the unanimous approval required by the Act, but this agreement also
specifies the terms under which the Property (as defined in paragraph E) will participate in the Program.
www.YgreneWorks.com
Project ID No.:
State:
December 19, 2017 Contra Costa County Board of Supervisors Minutes 414
E.Owner holds title to the real property described above (the “Property”) and has submitted an application to participate in the Program (the “Application”). Among
other things, the Application directs the Owner to review the renewable-energy systems, water-efficiency improvements, and energy-efficiency improvements set
forth in the Report and authorized to be financed through the Program, and Owner will select the authorized systems and improvements to be installed on the
Property. The selected systems and improvements, together with their acquisition and installation on the Property, are referred to as the “Improvements.”
F.The Owner wishes to participate in the Program by entering into this agreement with the Authority and using the moneys advanced by the Program Administrator to
finance, refinance, or lease the Improvements or to purchase energy generated by the Improvements through a power purchase contract.
With these background facts in mind, the Authority and the Owner agree as follows:
1.Contract Documents. This agreement and the documents attached to it as exhibits, together with the Application, are collectively referred to as the “Contract
Documents.” All of the Owner’s declarations and warranties in the Application are incorporated into this agreement.
2.Term. The term of this agreement begins when signed by the Owner, subject to the 3 day right of rescission. It is effective when the agreement is countersigned by
the Authority and the Notice of Special Tax Lien, substantially in the form attached to this agreement as Exhibit A, is recorded against the Property in the records of
the office of the Clerk/Recorder for the County within which the Property is located (the “County”) (the "Effective Date"). The term of this agreement ends when
the entire special tax obligation (as described in section 7(a)), plus any applicable penalties, costs, fees, and other charges, has been paid in full.
3.Special Tax and Lien
(a)As of the Effective Date, the Property either has been by prior agreement, or will be by this Unanimous Approval Agreement, annexed to the CFD for all
purposes and will be subject to the annual special tax that will be levied against the Property in accordance with the terms of the CFD, this agreement, the
Act, and any other applicable law (the “Special Tax”) and will be secured by the special tax lien imposed by the recorded Notice of Special Tax Lien. The
Owner hereby consents to the levy of the Special Tax on, and to the recordation of the Notice of Special Tax Lien against, the Property.
(b)Failure to pay any installment of the Special Tax, like failure to pay any property taxes on the Property, will result in penalties and interest accruing on
the amounts due. In addition, the Authority or a trustee acting in the Authority's name may foreclose on the lien of any delinquent Special Tax plus
penalties, interest, and costs, as set forth in section 7(d) as provided in the Act. In that regard, the Authority and the Owner hereby agree that the
obligation to pay the Special Tax is for the purpose of repaying funds advanced under the Program to the Owner or on the Owner’s behalf; that this
agreement constitutes the Owner’s binding obligation to pay or repay a sum of money through the payment of the Special Tax; and that this agreement
thus memorializes a “debt” for purposes of sections 53317(d) and 53356.1 of the Act.
(c)In the event the Property is subdivided while any portion of the Special Tax obligation remains unpaid, the Special Tax obligation will remain on all
subdivided parcels that were used to calculate property value at the time of funding. If the Improvements no longer exist, the Special Tax obligation will be
assigned to each of the newly created parcels on a per-acre basis, unless the Authority, in its sole discretion, determines that the Special Tax obligation
should be allocated in an alternate manner.
4.Disbursement Amount. The Authority shall authorize disbursement of moneys to the Owner or on the Owner’s behalf based on the amount of the actual cost of the
Improvements (the “Disbursement Amount”), subject to this limit: the Disbursement Amount may not exceed
……..………….……..…….….. (the “Maximum Disbursement”). The Program Administrator will determine the Disbursement Amount based on invoices and
other relevant documents submitted by the Owner. The Owner’s use of the Disbursement Amount is limited as described in section 8. If the actual cost of the
Improvements exceeds the Maximum Disbursement, then the Owner will be solely responsible for the payment of all improvement-completion costs that exceed
the Maximum Disbursement and shall complete the Improvements and fund all costs that exceed the Maximum Disbursement.
5.Authorization of Special Tax, Indebtedness, and Appropriations Limit. The Owner acknowledges that this agreement constitutes the Owner’s election to annex
the Property to the CFD (if the Property has not been previously annexed to the CFD), to authorize the Special Tax and the debt described in section 3(b), and to
establish the contribution of the Property towards the appropriations limit for the CFD (as defined by section 8(h) of Article XIIIB of the California Constitution). The
Owner hereby waives any notice, protest, and hearing procedures and provisions of any law other than the Act with respect to the annexation of the Property, the levy
and collection of the Special Tax, the authorization of debt, or the establishment of the appropriations limit. The Owner further acknowledges that the annexation, the
Special Tax, the debt, and the appropriations limit are being authorized on the Property at the Owner’s request, and the Owner waives any right to contest the
annexation, the authorization of the Special Tax or the debt, the establishment of the appropriations limit, or the imposition of the Special Tax in accordance with this
agreement.
6.Commencement and Completion of Improvements
(a)Consent and Authorization. This agreement constitutes consent and authorization for the Owner to purchase directly the related equipment and materials for
the Improvements and to contract directly for the installation of the Improvements on the Property whether by lease of the Improvements, the purchase of
energy generated by the Improvements through a power contract, or otherwise.
(b)Date of completion of the Improvements. Subject to section 17(g), the Owner shall complete installation of the Improvements no later than 180 days after
the Effective Date unless the Improvements cost $500,000 or more and the Owner and the Program Administrator have agreed on a later completion date.
The Owner and the Program Administrator may agree to an extension of the completion date for good cause shown.
7.Collection of Special Tax on Property Tax Bill; Other Remedies
(a)Annual installments of the Special Tax will be collected through the property-tax bill for the Property. The Special Tax will be payable and become
delinquent and will bear the same penalties and interest after delinquency, at the same times and in the same manner, and in the same installments, as
general taxes on the property are payable. The maximum amount of the Special Tax that will be placed on the tax roll each year is set forth in Exhibit B to
this agreement. In accordance with California Law, delinquent Special Taxes bear late charges and interest at the same rates that apply to delinquent ad
valorem taxes.
(b)The Special Tax lien will be coequal to, and independent of, the lien for general taxes and, except as provided in California Government Code section
53936, will not be subject to extinguishment by the sale of the Property on account of the nonpayment of any taxes. The Special Tax lien will be prior and
superior to all liens, claims, and encumbrances on or against the Property except (1) the lien for general taxes or ad valorem assessments in the nature of
taxes that are levied and collected by the State of California or by any county, city, special district, or other local agency; (2) the lien of any special
assessment or assessments; (3) easements constituting servitudes upon or burdens to the Property; (4) water rights, the record title to which is held
separately from the title to the Property; and (5) restrictions of record.
(c)The Special Tax may include an amount to pay costs that are incurred by the applicable County in the collection of taxes for the CFD, the Authority, or the
Program Administrator in connection with the following: administration and collection of the Special Tax; administration of the CFD; administration of the
debt or financing arrangement, as described in the Report; or administration of any reserve fund and other related funds.
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(d)As a cumulative remedy, if any installment of the Special Tax or any related interest, penalties, costs, including reasonable attorneys’ fees, or other
charges accruing under applicable taxation provisions are not paid when due, then the Authority or the Program Administrator on behalf of the
Authority may order that the same be collected by an action brought by the Authority or by a trustee in the name of the Authority in the Superior Court
of the County within which the property is located to foreclose the lien of the Special Tax to the extent permitted by, and in the manner provided by,
applicable law.
(e)The Authority intends to have all Special Tax revenues the County collects (including any interest, late charges, delinquent interest, and other
charges allowed by law) remitted directly to a trustee who will receive and hold the revenues for the benefit of the Program Administrator and
disburse the revenues in accordance with the Program Administrator’s instructions.
8.Use of Proceeds. The Owner shall use the Disbursement Amount in compliance with all requirements of the Contract Documents and for the sole purpose of
paying the reasonable costs and expenses of the Improvements, including the costs of energy audits, architectural and engineering fees, insurance costs,
prepaid or amortized interest, Program costs, and other costs as may be approved by the Authority and the Program Administrator.
9.Disbursement Procedures
(a)Except as provided in section 9(b), notwithstanding anything to the contrary elsewhere in this agreement, no funds will be disbursed to the Owner or on
the Owner’s behalf unless and until the Program Administrator determines that each of the following conditions has been satisfied, except that the
Program Administrator may, with the Authority’s approval, expressly waive one or more of these conditions in writing on the Authority’s behalf:
(1)The Program Administrator has received a written request from the Owner to disburse the Disbursement Amount.
(2)The Program Administrator (A) has received written confirmation from the appropriate government department performing building inspection
services for the jurisdiction within which the property is located, that the Improvements have been completed in accordance with the building
permit; or (B) has established criteria for processing progress disbursements, and those criteria have been satisfied.
(3)If requested, the Program Administrator has received from the Owner and, if applicable, from the contractor or contractors that installed the
Improvements, a document certifying that installation is complete. The certification must be acceptable to the Program Administrator in form
and substance.
(4)The Program Administrator has received such other documents as the Program Administrator may require, including, if applicable, documents
required by consumer-protection laws, the sworn statements of contractors, and releases or waivers of liens, all in compliance with Program
policies and/or applicable law.
(5)The Owner has, as appropriate, signed and delivered to the Program Administrator the Contract Documents and such other documents
pertaining to the Disbursement Amount or the Improvements as the Program Administrator may reasonably require.
(6)As of the date of the disbursement, no stop payment or mechanic’s lien notice pertaining to the Improvements has been filed and remains in
effect, except such as will be removed through a close of an escrow that includes the payment of some or all of the Disbursement Amount.
(7)If required, the Program Administrator has received a title policy, paid for by the Owner, with regard to the funds to be disbursed to the Owner.
(b)Under certain circumstances and at the sole discretion of the Program Administrator, for any Improvement, including without limitation, solar
installations, multiple measures on a single property or large commercial projects, the Program Administrator may authorize disbursements of interim
payments to be made following issuance by the Program Administrator of a notice to the Owner to proceed with construction of the Improvements and/
or during construction of the Improvements. Notwithstanding anything to the contrary elsewhere in this agreement, no such interim progress payment
will be disbursed to the Owner or on the Owner's behalf unless and until the Program Administrator determines that those conditions set forth in section
9(a) designated as (1), 2(B), (4), (5), (6), and (7) have been satisfied and that the following conditions have also been satisfied:
(1)If requested, the Program Administrator has received from the Owner and if applicable from the contractor a document certifying, for an initial
disbursement, that contractor has or will purchase and supply to the Owner the materials necessary to construct the solar project, or, for an
interim disbursement, that the installation is complete to an extent that economically justifies the disbursement, and in each case, setting forth
the actual cost of the materials and improvements. The certification must be acceptable to the Program Administrator in form and substance.
(2)If required, the Program Administrator has received a copy of the full or partial lien release from any parties who could claim a mechanic’s lien
that provides that the respective mechanic, upon receipt of the interim disbursement, will have been paid on account as applicable, specifies
the amount received and releases all claims for further payment for the improvement covered by the lien release.
(3)If required, the Program Administrator has received an inspection report from a third-party construction inspector engaged by or satisfactory to
the Program Administrator, that confirms the presence at the property of the materials necessary to complete the Improvements, and/or the
status of the Improvements, sufficient, in the Program Administrator’s sole discretion, to support the funding request.
Notwithstanding disbursement to the Owner or the contractor on Owner's behalf of interim payments, the Owner remains responsible for the
completion of all Improvements and for payment of the final construction costs.
10.Prepayment of Special Tax Obligation. The Owner may prepay the Special Tax obligation at any time by paying the then outstanding principal balance as
shown on the payment schedule provided with the Final Closing Statement, plus reasonable administrative costs and the current year’s installment of the
Special Tax that appears on the property tax bill. The prepayment may also include a prepayment premium based upon a percentage of the remaining
principal as defined in Exhibit B hereto. The Special Tax obligation may only be prepaid in full.
11.The Owner’s Representations and Warranties. Based on the Owner’s actual knowledge after a reasonable investigation, the Owner represents and warrants
that each of the statements set forth in sections 11(a) through 11(f) is true and complete as of the Effective Date. By accepting the Disbursement Amount, the
Owner is deemed to have reaffirmed, as of the date of disbursement, the truth and completeness of the statements in sections 11(a) through 11(f) and of each
declaration the Owner makes in the Application and the Estimated Settlement Statement. If the Owner is one or more trustees of a trust, then the following
statements also pertain to the trustor or trustors of the trust.
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(a)Formation; Authority. Each person who signs this agreement (other than the Authority’s signatory) represents the following:
(1)The signature page of this agreement identifies all persons and entities holding title to the Property.
(2)The Contract Documents are binding upon, and enforceable against, the Owner in accordance with their terms.
(3)No consent or approval of any third party is required for the Owner’s execution of the Contract Documents or the Owner’s performance of its
obligations under the Contract Documents except for the consents and approvals, if any, that the Owner has already obtained.
(4) If the person is signing for himself or herself, then he or she is authorized and able to perform the Owner’s obligations under the Contract Documents and under
all other documents the Owner delivers to the Authority or the Program Administrator in connection with the Contract Documents.
(5)If the person is signing on behalf of a corporation, partnership, limited-liability company, or other entity that is not a natural person, then (A) he or
she is authorized to sign and deliver this agreement on that entity’s behalf; (B) the entity for which he or she signs is authorized and able to
perform the Owner’s obligations under the Contract Documents and under all other documents the Owner delivers to the Authority or the
Program Administrator in connection with the Contract Documents; and (C) the entity has complied with all laws and regulations concerning its
organization and existence and the transaction of its business and is in good standing in each state in which it conducts its business.
(b)Compliance with Law. Neither the Owner nor the Property is in violation of, and the terms and provisions of the Contract Documents do not conflict with, any
regulation or ordinance, any order of any court or governmental entity, or any building restrictions or governmental requirements affecting the Property.
(c)Other Information. All documents, information, and forms of evidence that have been delivered to the Program Administrator in connection with the
Owner’s application for Program funding are accurate and sufficiently complete to provide accurate and complete knowledge of their subject matter.
(d)Lawsuits. There are no lawsuits, tax claims, actions, proceedings, investigations, or other disputes pending or threatened against the Owner or the Property
that may impair the Owner’s ability to perform its obligations under this agreement or may impair the Authority’s ability to levy and collect the Special Tax or
any other amounts owing under the Program.
(e)No Event of Default. There is no event that is, or with notice or lapse of time or both would be, a Default (defined in section 17) under this agreement.
(f)Accuracy of Declarations. The Owner’s declarations in the Application are true and complete.
12.The Owner’s Covenants
(a)Installation and Maintenance of Improvements. The Improvements must be installed by contractors on the Program Administrator’s list of Certified
Contractors unless the Program Administrator, in writing, authorizes the Owner to install the Improvements. The Owner shall cause its contractor or
contractors to do the following: promptly obtain all required building permits; thereafter promptly begin installation the Improvements and diligently continue
the work to completion in a good and workmanlike manner and in accordance with sound installation practices. The same standard applies if the Owner
installs the Improvements. The Owner shall maintain the Improvements in good condition and repair.
(b)Compliance with Law. The Owner shall complete all Improvements, or cause the Improvements to be completed, in conformity with all applicable laws,
including all applicable federal, state, and local occupation, safety, and health laws, rules, regulations, and standards. The Owner shall comply with and
keep in effect all permits, licenses, and approvals required to install and operate the Improvements.
(c)Site Visits. The Owner hereby grants to the Authority’s and the Program Administrator’s agents and representatives the right to enter and visit the Property
at any reasonable time during construction, and for a period of 180 days following completion of construction, after provision of reasonable notice to the
Owner,for the purpose of observing the Improvements. The agents and representatives will make reasonable efforts, during any site visit, to avoid interfering
with Owner’s use of the Property. The Owner shall also allow the Authority's and the Program Administrator’s agents and representatives to examine and
copy the Owner’s records and other documents that relate to the Improvements. Any site visit, observation, or examination under this section 12(c) will be
solely for the purposes of protecting the Authority’s rights under the Contract Documents and shall not result in any responsibility or obligation of the Authority
with respect to the Improvements.
(d)Protection Against Lien Claims. The Owner shall promptly pay or otherwise discharge any claims and liens for labor done and materials and services
furnished to the Property in connection with the Improvements. The Owner may contest in good faith any claim or lien but must do so diligently and without
delay in completing the Improvements.
(e)Notice to Successors in Interest. The Owner shall provide any subsequent purchaser of the Property with written notice that the Property is subject to the
Special Tax lien.
(f)Insurance. If the Maximum Disbursement exceeds $60,000, then the Owner shall provide, maintain, and keep in force at all times until the Improvements
are completed, a policy of builder’s “all risk” property-damage insurance on the Property, with a policy limit equal to the amount of the Maximum
Disbursement. Alternatively, the Owner may require that each Certified Contractor installing the Improvements provides, maintains, and keeps such
insurance in force. Upon request, the Owner shall provide the Program Administrator with documents (e.g., a certificate of insurance) confirming compliance
with this section 12(f).
(g)Notices. The Owner shall promptly notify Program Administrator in writing of any Default (defined in section 17) under this agreement and of any event that,
with notice or lapse of time or both, would constitute a Default.
13.Mechanic’s Lien and Stop Work Notices. If a stop work notice or a mechanic’s lien related to the Improvements is filed or recorded in accordance with California
law, then the Program Administrator may summarily refuse to disburse any funds to the Owner. In addition, if the Owner fails to furnish the Program Administrator
with a bond causing such notice or lien to be released within ten days of notice from the Program Administrator to do so, then that failure will constitute a Default
under this agreement (see section 17). The Owner shall promptly deliver to the Program Administrator copies of all such notices or liens.
14.Owner Responsibility; Indemnification
(a)The Owner acknowledges that the Authority has established the Program solely for the purpose of assisting the owners of property in the CFD
with financing for the acquisition and installation of qualifying renewable-energy systems and energy- and water-efficiency improvements. The
Program is a financing program only. The Authority; the Authority’s members, associate members, officers, employees, or agents (collectively the
"Authority Parties"); and the Program Administrator are not responsible for the selection of the Improvements or for the installation,
performance, or maintenance of the Improvements. Any issues related to installation, performance, or maintenance of the Improvements should
be discussed with the Owner’s contractors and with the manufacturers or distributors of the Improvements.
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(b)SOLE RESPONSIBILITY TO DEAL WITH LENDERS
The Owner authorizes the Program to send a Notice to Lender of Proposed Special Tax to each mortgage lender that holds a note or
alternative debt instrument secured by a lien on the Property (the “Notice”). It will notify lenders that the Owner intends to authorize the
recordation of a Notice of Special Tax Lien against the Property.
Please note the following:
1)When the Owner annexes the Property to the CFD and enters into this agreement and the Contract Documents with the Authority, a
Notice of Special Tax Lien will be recorded on the Property.
2)By law, the lien securing the Annual Special Tax will be co-equal with the lien for general property taxes. Therefore, the lien securing
unpaid delinquent Special Tax payments will be superior to the lien of any existing deed of trust the Owner may have previously
executed in favor of a mortgage lender.
3)Existing mortgage lenders may contend that by entering into this agreement the Owner has violated the loan agreements or deeds of
trust.
4)The fact that the Program sent the Notice will not preclude lenders from later alleging that the Owner has violated the loan agreements
with them, and there is a risk that the lenders may prevail in any litigation over the alleged violation.
5)Neither the Authority nor the Program Administrator can advise the Owner about any loan agreements with lenders. The Owner’s
contractual relations with lenders are the Owner’s sole responsibility. Owners must understand that use of the Notice does not mean:
(a)that any issue regarding obligations resulting from private loan documents have been resolved;
(b)that the Owner’s lenders cannot take action against the Owner if they believe loan agreements have been violated; or
(c)that the Authority or the Program Administrator will assist the Owner in any way if lenders take such action.
Many banks that make home loans desire to preserve the option to sell those loans to U.S. government-sponsored enterprises (called
“GSEs”) that are regulated by the Federal Housing Finance Agency (“FHFA”). The FHFA appears to have instructed its GSEs not to
purchase home loans where there is a superior lien for clean-energy improvements, such as the Special Tax lien. Thus, in order to
refinance their home loan, or for a prospective purchaser of the Property to obtain a loan secured by the Property, the Owner may need to
remove the Special Tax lien by prepaying the Special Tax obligation in full. Owners are advised to consider the likelihood and timing of a
possible refinancing or sale of the Property, and the costs to prepay the Special Tax obligation, in deciding whether to annex their
property to the CFD.
(c)To the maximum extent permitted by law, the Owner shall indemnify, defend, protect, and hold harmless the Authority, the Authority Parties, and the
Program Administrator, from and against all liabilities, claims, demands, damages (including consequential damages), and costs (including all reasonable
out-of-pocket litigation costs and reasonable attorneys’ fees through final resolution on appeal) that are related directly or indirectly to, or arise in any way
out of, or in connection with, any fact, circumstance, or event related to the approval of the Disbursement Amount or the payment to the Owner of the
Disbursement Amount, including any of the following: the Contract Documents; the Owner’s performance of (or failure to perform) its obligations under the
Contract Documents; the Owner’s breach or Default (see section 17) under the Contract Documents; disbursement of the Disbursement Amount; the
selection, acquisition, installation, operation, or maintenance of the Improvements; the levy and collection of the Special Tax; and the imposition of the
Special Tax lien. The Owner’s obligations under this section 14(b) apply whether they accrue or are discovered before or after the disbursement of the
Disbursement Amount to the Owner or the Owner’s designee.
(d)The indemnity obligations described in this section 14 will survive the disbursement of the Disbursement Amount to the Owner or the Owner’s designee,
the payment of the Special Tax obligation in full, the transfer or sale of the Property by Owner, and the termination of this agreement.
15.Waiver of Claims
(a)Acting for itself; for its successors-in-interest to the Property; and for anyone claiming by, through, or under the Owner, the Owner hereby
waives the right to recover from, and fully and irrevocably releases the Authority, the Authority Parties, and the Program Administrator from, all
claims, obligations, liabilities, causes of action, or damages, including attorneys’ fees and court costs, that the Owner may now have or later
acquire against any of the Authority, the Authority Parties and the Program Administrator, and accruing from, or related to, any of the following:
(1)the Contract Documents;
(2)the advance of or failure to advance the Disbursement amount, or any amount;
(3)the levy and collection of the Special Tax;
(4)the imposition of the Special Tax lien;
(5)the issuance and sale of any bonds or other evidences of indebtedness, or other financial arrangements entered into by the Authority
or the Program Administrator pursuant to the Program;
(6)the performance of the Improvements;
(7)the Improvements;
(8)any damage to or diminution in value of the Property that may result from installation or operation of the Improvements;
(9)any personal injury or death that may result from installation or operation of the Improvements;
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(10)the selection of manufacturers, dealers, suppliers, contractors, or installers, or their action or inaction with respect to the
Improvements;
(11)the merchantability and fitness of the Improvements for any particular purpose, use, or application;
(12)the amount of energy or water savings resulting from the Improvements;
(13)the workmanship of any third parties; and
(14)any other matter with respect to the Program.
(b)This release includes claims, obligations, liabilities, causes of action, and damages of which the owner is not currently aware or which the
Owner does not suspect to exist, and which, if known by the Owner, would materially affect the Owner's release of the Authority, the Authority
Parties, and/or the Program Administrator.
(c)The Owner hereby acknowledges that it has read and is familiar with California Civil Code section 1542 (“Section 1542”), which is set forth
below:
“A general release does not extend to claims which the creditor does not know or suspects to exist in his or her favor at the time of executing
the release, which, if known by him or her, must have materially affected his or her settlement with the debtor.”
By initialing below, the Owner hereby waives the provisions of Section 1542 solely in connection with the matters that are the subject of the
foregoing waivers and releases.
(d) The Owner’s waivers and releases in this section 15 will survive the disbursement of the Disbursement amount, the payment of the Special Tax
obligation in full, the Owner’s transfer or sale of the Property, and the termination of this agreement. The Owner’s waivers and releases in this section
15 apply to the Owner’s successors-in-interest to the Property and to anyone claiming by, through, or under the Owner.
16.Further Assurances. The Owner shall execute any additional documents that are consistent with this agreement, including documents in recordable form, as the
Authority or the Program Administrator may from time to time find necessary or appropriate to effectuate its purposes in entering into this agreement and disbursing
funds to the Owner.
17.Events of Default
(a)Section 3 and California law, including the Act, govern remedies with respect to the nonpayment of the Special Tax or any amounts payable by the
Owner under this agreement.
(b)The failure of any of the Owner’s representations or warranties to be correct in all material respects, or the Owner’s failure to perform or delay in performing
any of its obligations under the Contract Documents (other than failures or delays with respect to payment of the Special Tax or any other amount payable by
the Owner), will each constitute a non-monetary default (each, a “Default”). Upon receiving a notice of Default given under section 17(c), the Owner shall
immediately start to cure the Default and shall complete the cure with reasonable diligence, but in any event no later than the time set forth in section 17(c).
(c)If a Default occurs, then before exercising any rights or remedies under the Contract Documents or California law, including the Act, the Program
Administrator, on the Authority’s behalf, must give the Owner a written notice of Default. If the Default is reasonably capable of being cured within 30 days,
then the Owner will have 30 days after receiving the notice to affect a cure before the Authority may exercise any rights or remedies. If the Default is
reasonably capable of being cured, but not within 30 days, and if the Owner begins corrective action within 30 days after receiving the notice and diligently,
continually, and in good faith works to complete the cure as soon as is practicable, then the Owner will have such additional time as is reasonably necessary
to cure the Default before the Authority may exercise any rights or remedies. In no event, however, will the Authority be precluded from exercising any rights
or remedies if its security becomes or is about to become materially jeopardized by the Owner’s failure to cure a Default or if the Default is not cured within
120 days after the first notice of Default is given.
(d)If a Default occurs, then, subject to section 17(c), the Authority may exercise any or all of the rights and remedies available to it under applicable law, at equity,
or as otherwise provided in this agreement. If, at the time of the Default, there has been no disbursement of the Disbursement Amount, then the Authority may
elect to terminate this agreement, and, except as otherwise expressly provided in this agreement, upon such termination the parties will have no further
obligations or rights under this agreement.
(e)All costs and expenses the Authority or the Program Administrator incurs in pursuing its remedies under this agreement will be additional indebtedness of the
Owner.
(f)Except as otherwise expressly stated in this agreement or as otherwise provided by applicable law, the Authority’s rights and remedies are cumulative, and the
exercise of one or more of those rights or remedies will not preclude the exercise, at the same time or different times, of any other rights or remedies for the
same Default or any other Default. The Authority’s failure or delay in asserting any of its rights and remedies as to any Default will not operate as a waiver of
any Default or of any such rights or remedies and will not deprive the Authority of its rights to institute and maintain any actions or proceedings it may consider
necessary to protect, assert, or enforce its rights or remedies.
(g)With respect to the installation of the Improvements only, the performance of the Owner’s covenants under this agreement and the compliance of conditions
imposed upon the Owner by this agreement will be excused while and to the extent that the Owner, through no fault or negligence of its own, is prevented
from performing or complying by war, riots, strikes, lockouts, action of the elements, accidents, or acts of nature beyond the Owner’s reasonable control. But
the excused covenants or conditions will be restored to full force as soon as the cause or event preventing compliance is removed or ceases to exist, and the
Owner shall immediately resume installation of the Improvements.
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18.Severability. Each provision of this agreement is a separate and independent covenant and agreement. If any non-material provision of this agreement or the
application of that provision is held to be invalid or unenforceable in whole or part, then the remainder of this agreement, or the application of that provision to
circumstances other than those to which it is invalid or unenforceable, will remain valid and fully enforceable.
19.Notices. Any notice or demand under this agreement must be in writing and will be considered properly given and effective only when mailed or delivered in the
manner provided by this section 19 to the persons identified below. A mailed notice or demand will be effective or will be considered to have been given on the
second business day after it is deposited in the United States Mail, as certified mail, addressed as set forth below and with postage prepaid. A notice or demand
sent in any other manner will be effective or will be considered properly given when actually delivered. A party may change its address for these purposes by giving
written notice of the change to the other party in the manner provided in this section 19. Notwithstanding anything set forth in this section, after disbursement of funds
to the Owner, all notices regarding the Special Tax must be sent as provided by California law.
To the Authority:
Golden State Finance Authority
1215 K Street, Suite 1650
Sacramento, CA 95814
Attention: Vice President
To Owner: …………………………….………………………………………………
…………………………….………………………………………………
…………………………….………………………………………………
…………………………….………………………………………………
…………………………….………………………………………………
20.No Waiver. A disbursement of the Disbursement Amount based upon inadequate or incorrect information will not constitute a waiver of the Authority's right to receive a
refund of the Disbursement Amount from the Owner.
21.Interpretation. This agreement is to be interpreted and applied in accordance with California law. Exhibits A and B are part of this agreement. “Include” and its variants
are terms of enlargement rather than of limitation. For example, “includes” means “includes but not limited to,” and “including” means “including but not limited to.”
22.Venue. Any legal action brought under this agreement must be instituted in the Superior Court of the County of Sacramento.
23.Assignment by Authority. The Authority, at its option, may do either or both of the following without obtaining the Owner’s consent:
(a)Assign any or all of its rights and obligations under this agreement, including the right to file and prosecute any foreclosure action regarding delinquent Special
Taxes or any other amounts payable by the Owner under this agreement.
(b)Pledge and assign its right to receive the Special Tax collections and any other amounts payable by the Owner under this agreement.
24.Owner Assignment Prohibited. The Owner shall not assign or transfer any portion of this agreement or of the Owner’s rights or obligations under the agreement
without the Authority's prior express written consent, which the Authority may withhold, grant, or condition in its sole and absolute discretion. The sale, transfer, or rental
of the Property is not an assignment or transfer of this agreement.
25.Carbon Credits. The Owner agrees, upon direction of the Program Administrator, to transfer any carbon credits, renewable-energy credits, solar-renewable-energy
credits, offsets, or other tradable environmental certificate or permit attributable to the Improvements (collectively, "Carbon Credits") to the Authority; following which,
such Carbon Credits will be owned by the Authority. Should installation of the Improvements qualify for a monetary incentive or rebate program that requires transfer of
carbon credits to the provider of the monetary incentive or rebate, then the Authority shall waive its rights to the transfer of the Carbon Credits to it by the Owner in
conjunction with the provision of the monetary incentive or rebate to the Owner.
26.Entire Agreement; Counterparts; Amendment. This agreement contains the parties’ entire understanding regarding the matters addressed and is intended to be their
final, complete, and exclusive expression of those matters. It supersedes all prior or contemporaneous agreements, representations, and negotiations, whether written,
oral, express, or implied. Any amendment to this agreement must be in writing and signed by both parties. If the Owner consists of more than one person or entity, then
all such persons and entities will be jointly and severally obligated by this agreement. This agreement may be executed in several counterparts, each of which will be
considered an original, but all of which together will constitute the same agreement.
27.Special Termination. Notwithstanding anything to the contrary, this agreement will terminate and be of no further force if, on or before the date and time described in the
Notice of Right to Cancel delivered to the Owner when the Owner signed this agreement, the Owner submits to the Program Administrator a notice of the Owner’s
decision to cancel this agreement.
28.Signature Authority. By initialing below, each Owner of the Property agrees that any one Owner has the authority to provide certifications, representations, agreements,
and acknowledgments to the Authority and the Program Administrator on behalf of all Owners, and each of the Owners of the Property hereby agrees that the Authority
and the Program Administrator, their members, associate members, officers, employees, and agents, may rely on such certifications, representations, agreements, and
acknowledgments and act upon them and that the indemnities contained in this Unanimous Approval Agreement apply specifically hereto.
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PROPERTY OWNER NO. 1
First Name: Middle: Last Name:
Trust:
Legal Entity:
Mailing Address:
Name of Signatory:
Title of Signatory:
IF THE SPACE BELOW HAS BEEN LEFT BLANK, THIS DOCUMENT HAS BEEN ELECTRONICALLY SIGNED AND THE PROPERTY OWNER'S IDENTITY
HAS BEEN VERIFIED BY AN INDEPENDENT THIRD PARTY. A RECORD OF THE VERIFICATION IS ON FILE AT YGRENE.
STATE OF CALIFORNIA
County of………………………………………………………………………} ss.
On………………...………………….……..……, 20…………………….. before me, ………………………………………...................………………………… personally appeared,
………………………………………………………………………….… who proved to me on the basis of satisfactory evidence to be the person(s), whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal
.......................................................................................................
NOTARY’S SIGNATURE SEAL
Zip Code:
A notary public or other officer completing this certificate verifies only the identity of the individual who signs
the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
IMPORTANT SIGNATURE INSTRUCTIONS: PLEASE SIGN YOUR NAME EXACTLY AS DISPLAYED IN THE SIGNATORY FIELDS BELOW, INCLUDING THE TITLE IF
APPLICABLE. IF YOU ARE A TRUSTEE, PLEASE INCLUDE THE TITLE “TRUSTEE” AFTER YOUR SIGNATURE. EXAMPLE: John M. Smith, Trustee
E-SIGNATURE WET SIGNATURE
.......................................................................................................
SIGNATURE
.......................................................................................................
DATE
owner_signature_0
.......................................................................................................owner_date_signed_0
DATE
01/02/2017 UNANIMOUS APPROVAL AGREEMENT
DOC ID: CA.GSFA.2.1 8
www.YgreneWorks.com
December 19, 2017 Contra Costa County Board of Supervisors Minutes 421
PROPERTY OWNER NO. 2
First Name: Middle: Last Name:
Trust:
Legal Entity:
Mailing Address:
Name of Signatory:
Title of Signatory:
IF THE SPACE BELOW HAS BEEN LEFT BLANK, THIS DOCUMENT HAS BEEN ELECTRONICALLY SIGNED AND THE PROPERTY OWNER'S IDENTITY
HAS BEEN VERIFIED BY AN INDEPENDENT THIRD PARTY. A RECORD OF THE VERIFICATION IS ON FILE AT YGRENE.
STATE OF CALIFORNIA
County of………………………………………………………………………} ss.
On………………...………………….……..……, 20…………………….. before me, ………………………………………...................………………………… personally appeared,
………………………………………………………………………….… who proved to me on the basis of satisfactory evidence to be the person(s), whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal
.......................................................................................................
NOTARY’S SIGNATURE SEAL
Zip Code:
A notary public or other officer completing this certificate verifies only the identity of the individual who signs
the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
IMPORTANT SIGNATURE INSTRUCTIONS: PLEASE SIGN YOUR NAME EXACTLY AS DISPLAYED IN THE SIGNATORY FIELDS BELOW, INCLUDING THE TITLE
IF APPLICABLE. IF YOU ARE A TRUSTEE, PLEASE INCLUDE THE TITLE “TRUSTEE” AFTER YOUR SIGNATURE. EXAMPLE: John M. Smith, Trustee
E-SIGNATURE WET SIGNATURE
.......................................................................................................
SIGNATURE
.......................................................................................................
DATE
owner_signature_1
.......................................................................................................owner_date_signed_1
DATE
01/02/2017 UNANIMOUS APPROVAL AGREEMENT
DOC ID: CA.GSFA.2.1 9
www.YgreneWorks.com
December 19, 2017 Contra Costa County Board of Supervisors Minutes 422
PROPERTY OWNER NO. 3
First Name: Middle: Last Name:
Trust:
Legal Entity:
Mailing Address:
Name of Signatory:
Title of Signatory:
IF THE SPACE BELOW HAS BEEN LEFT BLANK, THIS DOCUMENT HAS BEEN ELECTRONICALLY SIGNED AND THE PROPERTY OWNER'S IDENTITY
HAS BEEN VERIFIED BY AN INDEPENDENT THIRD PARTY. A RECORD OF THE VERIFICATION IS ON FILE AT YGRENE.
STATE OF CALIFORNIA
County of………………………………………………………………………} ss.
On………………...………………….……..……, 20…………………….. before me, ………………………………………...................………………………… personally appeared,
………………………………………………………………………….… who proved to me on the basis of satisfactory evidence to be the person(s), whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal
.......................................................................................................
NOTARY’S SIGNATURE SEAL
Zip Code:
A notary public or other officer completing this certificate verifies only the identity of the individual who signs
the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
IMPORTANT SIGNATURE INSTRUCTIONS: PLEASE SIGN YOUR NAME EXACTLY AS DISPLAYED IN THE SIGNATORY FIELDS BELOW, INCLUDING THE TITLE
IF APPLICABLE. IF YOU ARE A TRUSTEE, PLEASE INCLUDE THE TITLE “TRUSTEE” AFTER YOUR SIGNATURE. EXAMPLE: John M. Smith, Trustee
E-SIGNATURE WET SIGNATURE
.......................................................................................................
SIGNATURE
.......................................................................................................
DATE
owner_signature_2
.......................................................................................................owner_date_signed_2
DATE
01/02/2017 UNANIMOUS APPROVAL AGREEMENT
DOC ID: CA.GSFA.2.1 10
www.YgreneWorks.com
December 19, 2017 Contra Costa County Board of Supervisors Minutes 423
PROPERTY OWNER NO. 4
First Name: Middle: Last Name:
Trust:
Legal Entity:
Mailing Address:
Name of Signatory:
Title of Signatory:
IF THE SPACE BELOW HAS BEEN LEFT BLANK, THIS DOCUMENT HAS BEEN ELECTRONICALLY SIGNED AND THE PROPERTY OWNER'S IDENTITY
HAS BEEN VERIFIED BY AN INDEPENDENT THIRD PARTY. A RECORD OF THE VERIFICATION IS ON FILE AT YGRENE.
STATE OF CALIFORNIA
County of………………………………………………………………………} ss.
On………………...………………….……..……, 20…………………….. before me, ………………………………………...................………………………… personally appeared,
………………………………………………………………………….… who proved to me on the basis of satisfactory evidence to be the person(s), whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal
.......................................................................................................
NOTARY’S SIGNATURE SEAL
Zip Code:
A notary public or other officer completing this certificate verifies only the identity of the individual who signs
the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
IMPORTANT SIGNATURE INSTRUCTIONS: PLEASE SIGN YOUR NAME EXACTLY AS DISPLAYED IN THE SIGNATORY FIELDS BELOW, INCLUDING THE TITLE IF
APPLICABLE. IF YOU ARE A TRUSTEE, PLEASE INCLUDE THE TITLE “TRUSTEE” AFTER YOUR SIGNATURE. EXAMPLE: John M. Smith, Trustee
E-SIGNATURE WET SIGNATURE
.......................................................................................................
SIGNATURE
.......................................................................................................
DATE
owner_signature_3
.......................................................................................................owner_date_signed_3
DATE
01/02/2017 UNANIMOUS APPROVAL AGREEMENT
DOC ID: CA.GSFA.2.1 11
www.YgreneWorks.com
December 19, 2017 Contra Costa County Board of Supervisors Minutes 424
GOLDEN STATE FINANCE AUTHORITY
Signature of Authorized Person:
Print Name and Title of Authorized Person: Sarah McCormack, Client Services Representative
Date: authorized_signator_date_signed_0authorized_signator_signature_0
www.YgreneWorks.com
December 19, 2017 Contra Costa County Board of Supervisors Minutes 425
UNANIMOUS APPROVAL AGREEMENT EXHIBIT A
NOTICE OF SPECIAL TAX LIEN
California Home Finance Authority
Pursuant to sections 53328.1(a)(4) and 53328.3 of the California Government Code, which are part of the “Mello-Roos Community Facilities Act of
1982” (chapter 2.5, part 1, division 2, title 5 of the California Government Code) (the “Act ”), and to section 3114.5 of the California Streets and Highways
Code, the undersigned hereby gives notice that a lien to secure payment of a special tax is hereby imposed by the Board of the Golden State Finance
Authority, (the “Authority"), upon the parcel listed here (the “Property”). The special tax secured by this lien is authorized to be levied for the purpose
of paying the cost to acquire, lease, install or have installed qualifying renewable-energy systems, energy- and water-efficiency improvements and
electric vehicle charging infrastructure, including paying principal and interest on debt (as that term is defined in the Act), the proceeds of which are
used to finance all or a portion of the cost of the systems and improvements.
The special tax is authorized to be levied within the California Home Finance Authority Community Facilities District No. 2014-1 (Clean Energy), to
which the Property has been annexed with the unanimous consent of all of its owners by means of a Unanimous Approval Agreement (to which
reference is made for further particulars and which, under section 53329.6 of the Act, constitutes the vote of the qualified electors required by the
California Constitution). The lien of the special tax is a continuing lien that secures each annual levy of the special tax and continues in effect until the
special tax obligation is prepaid, permanently satisfied, or canceled in accordance with law.
The maximum annual amount of the special tax is shown hereon. The conditions under which the obligation to pay the special tax may be prepaid and
permanently satisfied and the lien of the special tax canceled, and the procedures for calculating the amount required for prepayment of the special
tax, are set forth in the Unanimous Approval Agreement.
Notice is further given that upon the recording of this notice in the office of the Clerk/Recorder of the County within which the District is domiciled, the
obligation to pay the special tax levy will become a lien upon the Property in accordance with section 3115.5 of the California Streets and Highways
Code.
The names of the owners and the assessor’s parcel number of the Property are shown hereon.
For further information concerning the current and estimated future special tax liability of owners or purchasers of the Property subject to this special
tax lien, interested persons should contact:
Willdan Financial Services
(866) 807-6864
DAS-AnalystAssistants@willdan.com
Community Facilities District No. 2014-1
(Clean Energy)
www.YgreneWorks.com
December 19, 2017 Contra Costa County Board of Supervisors Minutes 426
UNANIMOUS APPROVAL AGREEMENT EXHIBIT B
DESCRIPTION OF ESTIMATED COSTS AND TERMS OF FINANCING
* NOTE: If you do not complete your project and request funding during the Rate Lock Period your Interest Rate may increase.
PROJECT COST:
PROGRAM FEES:
CAPITALIZED INTEREST:
TOTAL FUNDING:
..........................................................
..........................................................
..........................................................
................................................
..........................................................
..........................................................
..........................................................
.................................................
ANNUAL PAYMENT TO REPAY FUNDING: (BEFORE ANNUAL ADMINISTRATION FEES)
ANNUAL ADMINISTRATION FEE ***:
TOTAL ANNUAL SPECIAL TAX PAYMENT: (ANNUAL ADMINISTRATION FEES INCLUDED)
..........................................................
..........................................................
................................................
..........................................................
..........................................................
.................................................
** These numbers are provided as estimates only, they are not the actual amounts. The numbers shown above were calculated based on the interest rate,
repayment term, and the date listed above. The final funding amount will be calculated based on the final funding date, interest rate and repayment terms.
*** Annual administrative costs include, but are not limited to tax collection and trustee fees.
These estimates are based on assumptions about when the project will be completed and funded. The Maximum Authorized column
estimates adequate capitalized interest to cover the period between the approval date and the end of the relevant tax year. Projects
funded early in a tax year require substantially more capitalized interest than projects funded later in the tax year.
NAME:NAME:
TITLE:TITLE:
TRUST:TRUST:
LEGAL ENTITY:LEGAL ENTITY:
NAME:NAME:
TITLE:TITLE:
TRUST:TRUST:
LEGAL ENTITY:LEGAL ENTITY:
PROPERTY OWNER NO. 1
SIGNATURE: owner_signature_0 SIGNATURE: owner_signature_1
PROPERTY OWNER NO. 3
SIGNATURE: owner_signature_2
PROPERTY OWNER NO. 4
SIGNATURE: owner_signature_3
INTEREST RATE :
PREPAYMENT PREMIUM :
.............................. %
.............................. %
PROJECT ID :
REPAYMENT TERMS :
INTEREST RATE LOCK PERIOD* :
...........................................
............................... years
90 days from the effective date of this UAA
..........................................................
..........................................................
..........................................................
.................................................
..........................................................
..........................................................
.................................................
Owner 1 Owner 2 Owner 3 Owner 4
owner_
initial_0
owner_
initial_1
owner_
initial_2
owner_
initial_3
Please initial above to accept these terms.
PROPERTY OWNER NO. 2
MAXIMUM AUTHORIZED
BASED ON .............................. .............................. ..............................
PROPOSED**
IF FUNDED BY
PROPOSED**
IF FUNDED ON OR AFTER
.................................................YOUR FIRST PAYMENT WILL BE DUE ON:.................................................
01/02/2017 UNANIMOUS APPROVAL AGREEMENT
DOC ID: CA.GSFA.2.1 14
www.YgreneWorks.com
December 19, 2017 Contra Costa County Board of Supervisors Minutes 427
Attachment B
Estimated Costs and Terms of Financing
December 19, 2017 Contra Costa County Board of Supervisors Minutes 428
DATE ISSUED:
PROPERTY OWNER(S):
PROPERTY ADDRESS:
PRODUCT COSTS
Product Costs
(including labor and installation)
Product Descriptions:
UPFRONT FINANCING COSTS
Application Fees and Costs
Estimated Capitalized Interest (Prepaid)
Other Costs (Closing Costs)
Estimated Financed Amount:
Simple Interest Rate
Annual Administrative Fees
Estimated Annual Principal,
Interest and Administrative Fees
.................................
.................................
.................................
.................................
.................................
.................................
.................................
.................................
.................................
One-time fees that are a cost of obtaining financing
Interest you must pay from estimated close date to July 1st of
the year in which you make your first assessment payment.
See Other Costs (Closing Costs) details on next page.
This is the estimated total amount financed (product cost +
upfront costs). Final amount may differ based on actual close
date.
Estimated annual special tax payment and annual
administration fee. Final amount may differ based on close date.
Note: If your property taxes are paid through an impound account, your mortgage lender may apportion the amount and add it to your monthly
payment. See “Other Important Considerations” below.
1 FINANCING ESTIMATE AND DISCLOSURES
DOC ID: CA.GSFA 2.1
01/02/2017
TERM:
PROJECT ID:
Notice to Property Owner: You have the right to request that a hard copy of this document be provided to you before and after reviewing and signing. The financing
arrangement described below will result in the levy of a special tax against, and the recordation of a notice of a special tax lien on, your property which will be collected
along with your property taxes. You should read and review the terms carefully and, if necessary, consult with a tax professional or attorney. This financing is not a
loan, but rather a special tax, and as such, descriptions below of "interest," "interest rate," or "principal" are for illustrative purposes only, and should be taken to reference
"interest equivalent," "interest rate equivalent"," or "principal equivalent," respectively.
Customer Service Toll-Free Telephone Number and Email: In the event you have a consumer complaint, questions about your financing obligations related to the
Unanimous Approval Agreement or your contractual rights under the terms of this contract, you can contact either this toll-free telephone number or email address provided
below and receive a response within 24 hours or one business day.
Toll-Free Telephone Number: 1-877-819-4736
Customer Service Email Address: customer.care@ygrene.us
EXPIRATION DATE:
FINANCING ESTIMATE AND DISCLOSURES
TRUST:
%
%Total cost of financing as an annual rate
years
December 19, 2017 Contra Costa County Board of Supervisors Minutes 429
2 FINANCING ESTIMATE AND DISCLOSURES
DOC ID: CA.GSFA 2.1
01/02/2017
OTHER COSTS (CLOSING COSTS)
Appraisal Fees
Underwriting-Related Fees
Program-Related Fees
Credit Reporting Fees
Recording Fees
Total Other Costs (Closing Costs).................................
.................................
.................................
.................................
.................................
.................................No appraisal is required.
These fees cover processing and underwriting.
These fees cover origination and program administration.
Any fees for credit reporting are included in program-related fees.
These fees are paid to the county in which your property is located
for recordation of the lien and for disbursement.
CALCULATING CASH TO CLOSE
Estimated Financed Amount
Upfront Costs Financed
Estimated Cash
(out of pocket) to close .................................
.................................
.................................
As detailed on the first page. These represent your financing and
closing costs.
All upfront costs are financed as part of the principal.
OTHER TERMS
Prepayment Fee
If Yes, you may prepay the full remaining principal amount for a 5%
fee assessed against such amount. The initial remaining principal
prepayment amount will not include principal and interest amounts
already placed on the tax roll and a subsequent payment for such
amounts will be due after payment of the remaining principal.
No Yes
ADDITIONAL INFORMATION ABOUT THIS FINANCING
Over the term of the financing (estimates):
Financed amount you will have paid off
Amount of interest you will have paid
Amount of Annual Administrative Fees
Total you will have paid
.................................
.................................
.................................
.................................
.................................
Use this information to compare with other financing options.
Financed amount you will pay including costs of improvements +
the portion of upfront costs associated with other costs (Closing
Costs).
Amount of interest you will pay including the portion of upfront
costs associated with capitalized interest (prepaid) + interest on
principal.
Amount of administrative fees you will pay. The fees are subject to
change by your county.
Total amount you will pay in principal, interest, and administrative
fees.
Your costs over the term expressed as a rate. This is not your
interest rate.
Total Interest Paid .................................
Interest that you will have paid as a percentage of total you will
have paid.
www.YgreneWorks.com
%
%
Total cost of financing as an annual rate
December 19, 2017 Contra Costa County Board of Supervisors Minutes 430
3 FINANCING ESTIMATE AND DISCLOSURES
DOC ID: CA.GSFA 2.1
01/02/2017
OTHER IMPORTANT CONSIDERATIONS
Property Sale or Refinancing I understand that I may be required to pay off the remaining
balance of this obligation by the mortgage lender refinancing my
property. If I sell my property, the buyer or their mortgage lender
may require me to pay off the balance of this obligation as a
condition of sale.
Tax Payment and Monthly
Mortgage Payments
Your special tax payments will be added to your property tax bill.
Whether you pay your property taxes through your mortgage
payment using an impound account or if you pay them directly to
the tax collector, you will need to save an estimated _________
for your first special tax installment. If you pay your taxes
through an impound account you should notify your mortgage
lender, so that your monthly mortgage payment can be adjusted
by your mortgage lender to cover your increased property tax
bill.
Tax Benefits Consult your tax adviser regarding tax credits, credits and
deductions, tax deductibility, and other tax benefits available.
Making an appropriate application for the benefit is your
responsibility.
Statutory Penalties If your property tax payment is late, the amount due will be
subject to a 10% penalty, late fees, and a 1.5% per month
interest penalty as established by state law, and your property
may be subject to foreclosure.
Three Day Right to Cancel You, the property owner, may cancel the contract at any time on
or before midnight on the third business day after the date of
the transaction to enter into the financing agreement without
any penalty or obligation. To cancel the financing agreement,
you may mail or deliver a signed and dated copy of the contract
with notice of cancellation to:
Ygrene Energy Fund, 2100 S. McDowell Boulevard
Petaluma, CA 94954 You may also cancel the contract by
sending notification of cancellation by email to the following
email address: customer.care@ygrene.us.
OWNER 1 OWNER 2 OWNER 3 OWNER 4
OWNER 1 OWNER 2 OWNER 3 OWNER 4
OWNER1 OWNER 2 OWNER 3 OWNER 4
OWNER 1 OWNER 2 OWNER 3 OWNER 4
......................................... .................... ....................
......................................... .................... ....................
CONFIRMATION OF RECEIPT
This confirms the receipt of the information in this form. You do not have to accept this financing just because you acknowledge that you have
received or signed this form, and it is NOT a contract.
owner_initial_0 owner_initial_1 owner_initial_2 owner_initial_3
owner_initial_0 owner_initial_1 owner_initial_2 owner_initial_3
owner_initial_0 owner_initial_1 owner_initial_2 owner_initial_3
owner_initial_0 owner_initial_1 owner_initial_2 owner_initial_3
www.YgreneWorks.com
......................................... .................... ....................
......................................... .................... ....................
...................................................................................................
...................................................................................................
..................................................
DATE
..................................................
DATE
..................................................
..................................................
DATE
DATE
owner_date_signed_0
owner_date_signed_2
owner_date_signed_1
owner_date_signed_3
OWNER 1 OWNER 2 OWNER 3 OWNER 4
......................................... .................... ....................
owner_initial_0 owner_initial_1 owner_initial_2 owner_initial_3
owner_signature_0
owner_signature_2
owner_signature_1
owner_signature_3
December 19, 2017 Contra Costa County Board of Supervisors Minutes 431
Attachment C
Indemnification, Waiver and Release
Provisions
December 19, 2017 Contra Costa County Board of Supervisors Minutes 432
Attachment C to Operating Agreement Between Contra Costa County and PACE Provider
Indemnification, Waiver, and Release Provisions
Capitalized terms used but not otherwise defined herein shall have the respective meanings assigned to
them in that certain Unanimous Approval Agreement, dated as of [_____], by and between the PACE
Provider (the “Authority”) and [_________] as the program participant (the “Owner”).
1. Responsibility for Eligible Improvements
The Owner acknowledges that the Authority has established the Program solely for the purpose of
assisting the owners of property in the CFD with financing for the acquisition and installation of
qualifying renewable-energy systems and energy- and water-efficiency improvements. The Program is a
financing program only. The Authority, the Authority’s members (including, without limitation, Contra
Costa County), the Authority’s associate members, and each of their respective officers, employees, or
agents; the Contra Costa County Auditor-Controller, and the Contra Costa County Treasurer-Tax
Collector (collectively the "Authority Parties"); and the Program Administrator are not responsible for
the selection of the Improvements or for the installation, performance, or maintenance of the
Improvements. Any issues related to installation, performance, or maintenance of the Improvements
should be discussed with the Owner’s contractors and with the manufacturers or distributors of the
Improvements.
2. Indemnification Obligation of Program Participant (“Owner”)
To the maximum extent permitted by law, the Owner shall indemnify, defend, protect, and hold
harmless the Authority, the Authority Parties, and the Program Administrator, from and against all
liabilities, claims, demands, damages (including consequential damages), and costs (including all
reasonable out-of-pocket litigation costs and reasonable attorneys’ fees through final resolution on
appeal) that are related directly or indirectly to, or arise in any way out of, or in connection with, any
fact, circumstance, or event related to the approval of the Disbursement Amount or the payment to the
Owner of the Disbursement Amount, including any of the following: the Contract Documents; the
Owner’s performance of (or failure to perform) its obligations under the Contract Documents; the
Owner’s breach or Default (see section 17) under the Contract Documents; disbursement of the
Disbursement Amount; the selection, acquisition, installation, operation, or maintenance of the
Improvements; the levy and collection of the Special Tax; the imposition of the Special Tax lien; and the
Operating Agreement between the Authority and Contra Costa County. The Owner’s obligations
hereunder apply whether they accrue or are discovered before or after the disbursement of the
Disbursement Amount to the Owner or the Owner’s designee.
The indemnity obligations described above will survive the disbursement of the Disbursement Amount
to the Owner or the Owner’s designee, the payment of the Special Tax obligation in full, the transfer or
sale of the Property by Owner, and the termination of this agreement.
3. Waiver of Claims and Release
Acting for itself; for its successors-in-interest to the Property; and for anyone claiming by, through, or
under the Owner, the Owner hereby waives the right to recover from, and fully and irrevocably releases
December 19, 2017 Contra Costa County Board of Supervisors Minutes 433
the Authority, the Authority Parties, and the Program Administrator from, all claims, obligations,
liabilities, causes of action, or damages, including attorneys’ fees and court costs, that the Owner may
now have or later acquire against any of the Authority, the Authority Parties and the Program
Administrator, and accruing from, or related to, any of the following:
(1) the Contract Documents;
(2) the advance of or failure to advance the Disbursement amount, or any amount;
(3) the levy and collection of the Special Tax;
(4) the imposition of the Special Tax lien;
(5) the issuance and sale of any bonds or other evidences of indebtedness, or other financial
arrangements entered into by the Authority or the Program Administrator pursuant to the Program;
(6) the performance of the Improvements;
(7) the Improvements;
(8) any damage to or diminution in value of the Property that may result from installation or operation
of the Improvements;
(9) any personal injury or death that may result from installation or operation of the Improvements;
(10) the selection of manufacturers, dealers, suppliers, contractors, or installers, or their action or
inaction with respect to the Improvements;
(11) the merchantability and fitness of the Improvements for any particular purpose, use, or application;
(12) the amount of energy or water savings resulting from the Improvements;
(13) the workmanship of any third parties; and
(14) any other matter with respect to the Program (including, without limitation, the Operating
Agreement between the Authority and Contra Costa County).
This release includes claims, obligations, liabilities, causes of action, and damages of which the owner is
not currently aware or which the Owner does not suspect to exist, and which, if known by the Owner,
would materially affect the Owner's release of the Authority, the Authority Parties, and/or the Program
Administrator.
The Owner hereby acknowledges that it has read and is familiar with California Civil Code section 1542
(“Section 1542”), which is set forth below:
“A general release does not extend to claims which the creditor does not know or suspects to exist in his
or her favor at the time of executing the release, which, if known by him or her, must have materially
affected his or her settlement with the debtor.”
December 19, 2017 Contra Costa County Board of Supervisors Minutes 434
By initialing below, the Owner hereby waives the provisions of Section 1542 solely in connection with
the matters that are the subject of the foregoing waivers and releases.
_____________ ______________ _____________ _______________
PO NO. 1 Initials PO NO. 2 Initials PO No. 3 Initials PO NO. 4 Initials
The Owner’s waivers and releases hereunder will survive the disbursement of the Disbursement
amount, the payment of the Special Tax obligation in full, the Owner’s transfer or sale of the Property,
and the termination of this agreement. The Owner’s waivers and releases hereunder apply to the
Owner’s successors-in-interest to the Property and to anyone claiming by, through, or under the Owner.
[Owner(s) Signature(s)]
December 19, 2017 Contra Costa County Board of Supervisors Minutes 435
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December 19, 2017 Contra Costa County Board of Supervisors Minutes 441
December 19, 2017 Contra Costa County Board of Supervisors Minutes 442
December 19, 2017 Contra Costa County Board of Supervisors Minutes 443
RECOMMENDATION(S):
Approve clarification of Board action of August 2, 2011 (C.41) which authorized the Health Services Director to
execute Contract #26-563-5 (as amended by Amendment Agreements #26-563-6 through #26-563-9) with Total
Renal Care, Inc., a corporation, to correct the contract term of July 1, 2011 through June 30, 2017, to reflect the intent
of the parties in which the contract term should read January 27, 2012 through January 26, 2018.
FISCAL IMPACT:
There is no fiscal impact with this clarification action.
BACKGROUND:
On August 2, 2011, the Board of Supervisors approved Contract #26-563-5 with subsequent Amendments #26-563-6
through #26-563-9) with Total Renal Care, Inc., for the provision of blood services, including dialysis, renal
replacement and apheresis therapies for inmates/patients at Martinez Detention Facility for the period from July 1,
2011 through June 30, 2017. The renewal date on Board Order #C.41 dated August 2, 2011 used an incorrect
contract term date and was subsequently used in each renewal and amendment.
The purpose of this Board Order is to correct the contract term, to reflect the term set forth in the agreement of
January 27, 2012 through January 26, 2018.
CONSEQUENCE OF NEGATIVE ACTION:
If this correction is not approved, the Board Order term will remain incorrect and not coincide with the Contract term.
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 12/19/2017 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 19, 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 19, 2017
Contra
Costa
County
Subject:Correct Board Order Item #C.41 with Total Renal Care, Inc.
December 19, 2017 Contra Costa County Board of Supervisors Minutes 444
RECOMMENDATION(S):
APPROVE and AUTHORIZE the Interim Public Works Director, or designee, to execute PG&E Interconnection
Agreements ("Agreements") for Net Energy Metering of Solar Electric Generating Facilities of 1,000 kW or less for
solar photovoltaic systems to be installed at the following locations:
· 2530 ARNOLD DR, MARTINEZ
· 597 CENTER AVE, MARTINEZ
· 4549 DELTA FAIR BLVD, ANTIOCH
· 4545 DELTA FAIR BLVD, ANTIOCH
· 1000 WARD ST, MARTINEZ
· 50 DOUGLAS DR, MARTINEZ
· 30 MUIR RD, MARTINEZ
· 2935 PINOLE VALLEY RD, PINOLE
· 1305 MACDONALD AVE, RICHMOND
· 30 DOUGLAS DR, MARTINEZ
· 151 LINUS PAULING DR, HERCULES
· 4800 IMHOFF PLACE, MARTINEZ
FISCAL IMPACT:
No fiscal impact.
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 12/19/2017 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: Frank DiMassa (925)
313-2188
I hereby certify that this is 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 19, 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:Brian M. Balbas, Interim Public Works Director/Chief Engineer
Date:December 19, 2017
Contra
Costa
County
Subject:Execution of PG&E Interconnection Agreements for various Solar Photovoltaic Systems in the County
December 19, 2017 Contra Costa County Board of Supervisors Minutes 445
BACKGROUND:
A very recent California Public Utilities Commission (CPUC) Decision (D.) 17-01-006 has created a unique
opportunity to accelerate the development of Photovoltaic (PV) projects in Contra Costa County. The CPUC decision
opened an eligibility window for local governments to secure ten years of Net Energy Metering (NEM 1.0)
time-of-use (TOU) periods. TOU 1.0 rates are “solar-friendly” compared with the TOU 2.0 rates currently being
submitted by California’s investor-owned utilities: Southern California Edison, San Diego Gas & Electric, and
PG&E. The solar industry is estimating that TOU 1.0 has a twenty percent advantage over the impending TOU time
periods which will push the expensive “peak” period back further into the afternoon in the 4 P.M to 9 P.M. range.
Currently the peak period is during the more advantageous solar hours of noon to 6 P.M.
To secure the ten years of grandfathering, a local government must submit Interconnection Applications (IA's) to the
utility PG&E by December 26th. Submitting the IA's does not obligate the County to build the solar facilities but it
reserves the solar PV capacity at the preferred NEM 1.0 time-of-use periods should the County wish to pursue
projects in the future. The list of facilities was reviewed internally by the Public Works Real Estate, Finance, and
Facilities Divisions to assure that the buildings and properties were clear of potential future issues. The
Interconnection Agreements obligate the County to idemnify PG&E for losses PG&E incurs as a result of the
County's failure to provide insurance.
CONSEQUENCE OF NEGATIVE ACTION:
If the Interconnection Agreements are not submitted, the County loses an opportunity to secure potentially
significantly advantageous electric utility rates associated with the installation of high value PV systems at County
facilities and jeopardizes the County’s ability to meet Climate Action Plan 2020 goals for PV.
December 19, 2017 Contra Costa County Board of Supervisors Minutes 446
RECOMMENDATION(S):
APPROVE Substantial Amendments to the FY 2016/17 and 2017/18 Annual Action Plans to (1) reprogram
$1,927,000 in HOME Investment Partnerships Act funds previously allocated to Veteran's Square Apartments,
Pittsburg to projects that are capable of expending the funds by the federal deadline and (2) allocate the
reprogrammed funds together with approximately $500,000 in program income and $73,000 in FY 2018/19 funds to
Twenty One and Twenty Three Nevin Apartments in Richmond ($2 million), and to Heritage Point Apartments in
North Richmond ($500,000).
FISCAL IMPACT:
No General Fund impact. HOME funds are provided to the County on a formula allocation basis through the U.S.
Department of Housing and Urban Development. CFDA # 14.239
BACKGROUND:
This recommendation includes reprogramming of HOME Investment Partnerships Act (HOME) funds from a stalled
project and reallocation of those funds to projects that are ready to begin construction in December 2017 and January
2018. The recommendation also includes the allocation of unencumbered and anticipated HOME funds.
On May 10, 2016, the Board of Supervisors adopted the FY 2016/17 Annual Action Plan that included an allocation
of $487,000 of HOME funds to Domus Development for the 32 unit Veteran's Square project in Pittsburg. On July
18, 2017, the Board adopted the FY 2017/18 Annual Action Plan that included an additional allocation of $1,440,000
of HOME funds to the Veterans Square project for a total allocation of $1,927,000. That allocation was contingent on
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 12/19/2017 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 19, 2017
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Stephanie Mello, Deputy
cc:
C. 78
To:Board of Supervisors
From:John Kopchik, Director, Conservation & Development Department
Date:December 19, 2017
Contra
Costa
County
Subject:Substantial Amendments to Annual Action Plans and Funding Recommendations for HOME Investment Partnerships
Act Funds
December 19, 2017 Contra Costa County Board of Supervisors Minutes 447
BACKGROUND: (CONT'D)
>
Domus securing additional funds to demonstrate project feasibility by December 2017. Unfortunately, Domus has
not been successful in securing enough funding to start construction. The project does have commitments from
the City of Pittsburg and the Pittsburg Housing Authority. HOME program regulations have strict time lines for
the commitment and expenditure of funds, and the occupancy of HOME-assisted units. The HOME funds
allocated to Domus for Veteran's Square are at risk of recapture by the U.S. Department of Housing and Urban
Development if the County does not transfer the funds to another viable project that can begin construction in
2018. Domus may reapply for funding in future application cycles.
The County is working with two developers that both have projects ready to start construction in December 2017
or January 2018 and are facing funding gaps due to provisions in the Tax Cuts and Jobs Act of 2017 federal (tax
reform). See the attached summary of the federal tax reform provisions and the potential impacts to affordable
housing development.
One of the proposals in federal tax reform is to eliminate private activity bonds in 2018. This includes prohibiting
drawing any tax-exempt bond funds in 2018 even if the bonds were issued in 2017. Therefore, developers are
closing on their construction financing and drawing down funds prior to December 31, 2017. Two other proposals
in federal tax reform would create additional funding gaps. The lenders and investors will not close on the
construction financing if they are not sure that the project has adequate financing to cover the potential tax reform
related funding gaps. The following requests are for funds to demonstrate adequate project funding now. The
actual funding gap, if any, may not be known until 2018.
Twenty One and Twenty Three Nevin, Richmond
Twenty One and Twenty Three Nevin (Nevin) is being developed by Richmond Nevin Associates, a California
Limited Partnership. An affiliate of Pacific West Companies (PWC) is one of the partners and the sponsor of the
development. Nevin consists of the construction of 271 units of affordable housing on two sites in Richmond. Site
A is on the southwest corner of Nevin and 23rd Street, and will have 144 units for families, 35 of which will be
subsidized with project-based Section 8 assistance. Site B is at 344 21st Street and will have 127 units for seniors
and individuals with a disability. All Site B units will have project-based Section 8 assistance. One hundred
percent of the units will be made affordable for 55 years to lower income families, seniors, and people with a
disability.
PWC is seeking $2.5 million in HOME to close a potential gap due to provisions in the proposed federal tax
reform. The need for and amount of a HOME loan will be confirmed once federal tax reform has been signed by
the President and it is known what provisions are in the federal tax reform. Staff recommends that up to $2 million
of HOME funds will be loaned to the developer with a 55-year term and three percent interest rate. The loan
payments will be made from residual receipts following payments of the subordinate bonds and deferred
developer fee. The County loan will be subordinate to both a senior and two tranches of junior bond loans. The
exact number of HOME-assisted units will be proportionate to the amount of HOME funds. It is expected there
will be up to 25 HOME-assisted units.
Staff recommends that the amount of developer fee that is paid to the developer through the completion of the
development be increased from the typical $1.5 million allowed by the county up to $3 million due to the size of
the development. The amount of the total developer fee, including the deferred fee, will be the amount allowed by
the low income housing tax credit program.
The total development budget is $137 million. In addition to the proposed HOME funds, the project is financed
through a combination of tax-exempt bonds and tax credits. The County is the conduit issuer of $110 million in
tax exempt bonds. The developer is working with the City of Richmond to identify additional sources of subsidy
to off-set the potential gaps from federal tax reform. Should both the County and the City provide loan funds to the
development, the County and City will enter into an Intercreditor Agreement to establish co-equal lien position
and to share any loan payments on a pro rata basis.
December 19, 2017 Contra Costa County Board of Supervisors Minutes 448
Heritage Point
Heritage Point is being developed by Heritage Point A/G L.P. that includes an affiliate of Community Housing
Development Corporation of North Richmond as one of the partners. The development consists of 42 units of
affordable multi-family housing on Fred Jackson Way in North Richmond (Heritage Point). One hundred percent
of the units will be subsidized with project-based Section 8 vouchers.
Heritage Point is seeking up to $560,000 in County resources to close a potential gap that may occur due to
provisions in the proposed tax reform. The need for and amount of a HOME loan will be confirmed once federal
tax reform has been signed by the President. Staff recommends that up to $500,000 of HOME funds will be loaned
to the developer with a 55-year term and three percent interest rate. The loan payments will be made from a share
of the residual receipts proportionate to the HOME share of County funds. The exact number of HOME-assisted
units will be proportionate to the amount of HOME funds. It is expected there will be up to 20 HOME-assisted
units.
The total development budget is $27.3 million. In addition to the proposed HOME funds, the project is financed
through a combination of tax-exempt bonds and tax credits. The County is the conduit issuer of $17 million in tax
exempt bonds. Additional County resources include $2.9 million of Community Development Block Grant funds,
up to $3,785,929 of Housing Successor funds, and $1,432,830 of Livable Communities Trust funds. On December
12, 2017, the Board approved up to $560,000 in Housing Successor funds to cover what was designated in that
Board order as Funding Gap #3. This allocation of HOME funds would replace $500,000 of the Housing
Successor allocation.
A notice informing the public of the proposed Substantial Amendments to the Action Plans was printed in the
Contra Costa Times on November 25, 2017. This request is for a portion of the anticipated HOME funds for FY
2018/19. Additional funding recommendations will be made to the Board by the Affordable Housing Finance
Committee (AHFC) in late January or early February. A Notice of Funding Availability was sent to over 100
jurisdictions, public agencies, affordable housing developers, and interest groups active in the County in October
2017. The Department of Conservation and Development received seven applications requesting $8.85 million in
HOME funds. Staff expects to have approximately $4.55 million in HOME funds to allocate. This includes an
estimated $550,000 in unallocated funds and loan payments, $2 million in recaptured funds, and $2.2 million in
FY 2018/19 grant funds.
Recommendations for the allocation of HOME funds are typically made to the Board by the AHFC. This
committee meets as needed once or twice each year. Unfortunately, there were too few members available in
December to reach a quorum.
CONSEQUENCE OF NEGATIVE ACTION:
Twenty One and Twenty Three Nevin and Heritage Point projects may not move forward.
ATTACHMENTS
Attachment A
December 19, 2017 Contra Costa County Board of Supervisors Minutes 449
Attachment A
The federal Tax Cuts and Jobs Act of 2017 (tax reform) will cause one or more funding gaps in the
construction budgets of affordable housing developments. Three provisions and there impacts are
discussed below.
Funding Gap #1
Elimination of private activity bonds in 2018: The County is the conduit issuer of private activity bonds
for affordable housing developments. These bonds provide tax-exempt construction financing.
Typically, construction draws occur over the 18 to 24 month construction period and interest on the
construction draws starts accruing as the funds are drawn down. The proposal to eliminate private
activity bonds is moving developers to draw down all of their construction financing prior to December
31, 2017. Drawing down all of the funds before construction begins means the interest payments are on
the full construction loan amount from the beginning of construction, rather than spread out over time.
Even though the drawn funds can be held in an interest-bearing account, there were still be increased
construction interest costs.
Funding Gap #2
Reduction of the corporate tax rate: Tax-exempt bond financing is often combined with low income
housing tax credits (tax credits). Tax credits are sold by a non-profit developer to an investor that
provides an equity investment in the development. In 2017, tax credit investors presumed that there
would be tax reform and that the corporate tax rate would be set at 25 percent. Tax credit purchase offers
were made with that assumption. With a proposed corporate tax rate of 20 percent, most investors are
incorporating downward adjusters into their purchase agreements. Meaning, they are putting the risk of
lower value tax credits onto the developer. A corporate tax rate anywhere below 25 percent will create a
funding gap. Until the final tax reform bill is signed by the President, we do not know the exact amount
of the funding gap.
Funding Gap #3
Reduction in “Basis Boost”: The tax credit program provides a mechanism to off-set development costs
in high cost areas (known as “difficult to develop areas”, or DDAs) by increasing the eligible basis for
tax credits by providing a 130 percent “basis boost.” An amendment to the Senate tax reform bill would
decrease the basis boost in DDAs to 125 percent for any project that is not complete and occupied by
December 31, 2017. If this amendment stays in the final tax bill, it will cause a funding gap.
December 19, 2017 Contra Costa County Board of Supervisors Minutes 450
RECOMMENDATION(S):
DESIGNATE the West County Detention Facility and the future West County Reentry, Treatment, and Housing
Facility as mental health treatment facilities 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 County's
adult detention facilities 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,
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 12/19/2017 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 19, 2017
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc:
C. 79
To:Board of Supervisors
From:David O. Livingston & Dr. William Walker
Date:December 19, 2017
Contra
Costa
County
Subject:DESIGNATION OF WEST COUNTY DETENTION FACILITY AND FUTURE EXPANSION AS A MENTAL
HEALTH TREATMENT FACILITY PURSUANT TO PENAL CODE 1369.1
December 19, 2017 Contra Costa County Board of Supervisors Minutes 451
BACKGROUND: (CONT'D)
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 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 Board of Supervisors on December 5 designated, at the Sheriff-Coroner's and the Health Services Director's
joint recommendation, the Martinez Detention Facility as a mental health treatment facility pursuant the Penal
Code section 1369.1 as 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 extension of this designation to
the West County detention facilities 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 at the West County detention facilities, pursuant to statute.
CONSEQUENCE OF NEGATIVE ACTION:
Should the Board decline to approve the recommendation, the status quo at these facilities will be maintained.
December 19, 2017 Contra Costa County Board of Supervisors Minutes 452
Should the Board decline to approve the recommendation, the status quo at these facilities 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 19, 2017 Contra Costa County Board of Supervisors Minutes 453
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 19, 2017Contra Costa County Board of Supervisors Minutes 454
RECOMMENDATION(S):
Approve and authorize the Auditor-Controller, or his designee, to pay $24,115 to Sodexo America, LLC, a Limited
Liability Company, for the management and oversight of the Food and Nutrition Services Unit at Contra Costa
Regional Medical Center (CCRMC) and Health Centers for the period June 1, 2017 through October 31, 2017.
FISCAL IMPACT:
100% funded by Hospital Enterprise Fund I.
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 and Health Centers for
the period from November 1, 2016 through October 31, 2017.
At the time of negotiations, the payment limit was based on target levels of utilization. However, the utilization
during the term of the agreement was higher than originally anticipated.
The provider is entitled to payment for the reasonable value of its services under the equitable relief theory of
quantum meruit. That theory provides that where a contractor has been asked to provide services without a valid
contract, and the contractor does so to the benefit of the County, the contractor is entitled to recover the reasonable
value of those services. Sodexo America, LLC provided management and oversight of the Food and Nutrition
Services Unit at CCRMC
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 12/19/2017 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 19, 2017
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc: K Cyr, M Wilhelm
C. 80
To:Board of Supervisors
From:William Walker, M.D., Health Services Director
Date:December 19, 2017
Contra
Costa
County
Subject:Payment for services provided by Sodexo America, LLC
December 19, 2017 Contra Costa County Board of Supervisors Minutes 455
BACKGROUND: (CONT'D)
and Health Centers that exceeded the contract payment limit at the request of the Department. The Department is
requesting that the contractor be paid the amount owing of $24,115.
CONSEQUENCE OF NEGATIVE ACTION:
If this Board Order is not approved, the contractor will not be paid for food service management services provided in
good faith.
December 19, 2017 Contra Costa County Board of Supervisors Minutes 456
RECOMMENDATION(S):
DISCHARGE the Conservation and Development Director and the Interim Public Works Director from
accountability for the collection of Drainage Area fees totaling approximately $72,000 that were not assessed
on certain building permits issued between June 2015 and October 2017 due to a computer system error .
1.
REFER the measures being taken to improve the collection of drainage area fees to the Finance Committee.2.
FISCAL IMPACT:
100% Area Drainage Funds.
BACKGROUND:
In October 2017, it came to the attention of County staff that drainage area fees totaling approximately $72,000 were
not assessed and collected on approximately 200 building permit applications between June 2015 and October 2017
as the result of a software error. Staff recommends that the Department of Conservation and Development and the
Public Works Department not engage in efforts to collect these fees on building permits that have already been
issued, as the lack of assessment and collection at time of permit issuance was the result of an error by the County
and not the result of any action taken by the permit holders. Staff will collect drainage fees from applicants who have
not yet paid permit fees nor been issued a permit, but received a fee estimate that erroneously did not include
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 12/19/2017 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: Jason Crapo,
925-674-7722
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on
the date shown.
ATTESTED: December 19, 2017
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc:
C. 81
To:Board of Supervisors
From:John Kopchik, Director, Conservation & Development Department
Date:December 19, 2017
Contra
Costa
County
Subject:Discharge of Accountability for Unassessed Drainage Area Fees
December 19, 2017 Contra Costa County Board of Supervisors Minutes 457
BACKGROUND: (CONT'D)
drainage fees in the estimate (staff will be contacting such applicants directly; the total amount of drainage fees that
will be due from such applicants is approximately $16,400).
Staff has taken actions to prevent such errors from recurring. The software problem that resulted in some drainage
area fees not being collected was corrected immediately once it was identified. County staff has also created an
interdepartmental work group to review collection procedures and determine how they could be improved.
Recommendations from this work group resulted in revisions to improve these procedures that were documented in a
memo sent to staff in the two departments. In addition to using software to help identify projects where a drainage
area fee may need to be collected, staff will manually review each building permit application for properties that are
in a drainage area to ensure drainage area fees are collected appropriately. Staff will report on these and other process
improvements to the Finance Committee.
CONSEQUENCE OF NEGATIVE ACTION:
If the Board does not approve this action, County staff will not receive direction from the Board concerning this
matter.
December 19, 2017 Contra Costa County Board of Supervisors Minutes 458
RECOMMENDATION(S):
APPROVE the consolidation requests on file in the Contra Costa Elections Division and with the Clerk of the Board
of Supervisors from the following jurisdictions for a by-mail election on March 6, 2018.
East Contra Costa Fire Protection District - Measure to Reduce Number of Elected Directors
Diablo Community Services District - Special Tax Measure
FISCAL IMPACT:
There is no direct cost to the County. Any additional costs incurred by the Elections Division will be recovered
through billing the affected jurisdictions.
BACKGROUND:
Approving the requests will allow the County Elections Division to conduct the election for the above mentioned
jurisdictions as a consolidated election.
CONSEQUENCE OF NEGATIVE ACTION:
Not approving the requests could increase costs to those jurisdictions for conducting separate elections.
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 12/19/2017 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: Rosa Mena, 925.335.7806
I hereby certify that this is 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 19, 2017
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: , Deputy
cc:
C. 82
To:Board of Supervisors
From:Joseph E. Canciamilla, Clerk-Recorder
Date:December 19, 2017
Contra
Costa
County
Subject:APPROVE CONSOLIDATION REQUESTS FOR AN ALL MAIL BALLOT ELECTION ON MARCH 6, 2018
December 19, 2017 Contra Costa County Board of Supervisors Minutes 459
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 December 5, 2017, the Board of Supervisors reviewed
and approved the emergency declaration.
With the continuing high number of homeless individuals and insufficient funding available to assist in sheltering all
homeless individuals and families, it is appropriate for the Board to continue the declaration of a local emergency
regarding homelessness.
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 12/19/2017 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 19, 2017
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: , Deputy
cc:
C. 83
To:Board of Supervisors
From:David Twa, County Administrator
Date:December 19, 2017
Contra
Costa
County
Subject:Continue Extension of Emergency Declaration Regarding Homelessness
December 19, 2017 Contra Costa County Board of Supervisors Minutes 460
RECOMMENDATION(S):
1. ADOPT Resolution No. 2017/451 (the "Resolution") authorizing the issuance of a Multifamily Housing Revenue
Note in principal amount not to exceed $1,600,000 to provide additional financing for the construction of Riviera
Family Apartments in Walnut Creek (the "Development").
2. FIND and DECLARE that the recitals contained in the proposed Resolution are true and correct.
3. AUTHORIZE the issuance of County of Contra Costa Multifamily Housing Revenue Note (Riviera Family
Apartments), Series 2017D (the "Note") in an aggregate principal amount not to exceed $1,600,000.
4. APPROVE the form of, and authorize the County to execute, the Funding Loan Modification Agreement between
the County of Contra Costa (the "County") and MUFG Union Bank N.A (the "Bank").
5. APPROVE the form of, and authorize the County to execute, the First Modification Agreement between the
County, the Bank and Riviera Family Apartments L.P., a California Limited Partnership (the "Borrower")
6. APPROVE the form of, and authorize the County to execute, two Amended Regulatory Agreements and
Declarations of Restrictive Covenants, one related to the units located at 1515 Riviera and the other relating to the
units located at 1738 Riviera, all in Walnut Creek, between the County and the Borrower.
7. AUTHORIZE the Designated Officers of the County to execute and deliver the Note to the Bank.
8. APPOINT Quint & Thimmig, LLP as bond counsel for the transaction.
9. AUTHORIZE and DIRECT the Designated Officers of the County, as defined in Resolution No. 2017/451, to do
any and all things and take any and all actions, and execute and deliver any and all certificates, agreements, and
other documents which the officer may deem necessary or advisable in order to consummate the lawful issuance and
delivery of the Note in accordance with the Resolution.
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 12/19/2017 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 19, 2017
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Stephanie Mello, Deputy
cc:
C. 84
To:Board of Supervisors
From:John Kopchik, Director, Conservation & Development Department
Date:December 19, 2017
Contra
Costa
County
Subject:Note Sale Resolution - Riviera Family Apartments, Walnut Creek
December 19, 2017 Contra Costa County Board of Supervisors Minutes 461
RECOMMENDATION(S): (CONT'D)
>
FISCAL IMPACT:
No impact to the General Fund. At the closing for the Notes, 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 will be reimbursed through issuer fees established in the
documents for the Notes. The Notes will be solely secured by and payable from revenues (e.g. Development rents,
reserves, etc.) pledged under the Note documents. No County funds are pledged to secure the Notes.
BACKGROUND:
The recommended action is the adoption of a Resolution by the Board, as the legislative body of the County,
authorizing the issuance of multifamily housing revenue notes, the proceeds of which will be used to finance the
construction of Riviera Family Apartments, a 58 unit residential housing development located at 1515 Riviera
and 1738 Riviera in Walnut Creek.
The ownership entity for the development is Riviera Family Apartments, L.P., a California limited partnership
with RCD GP LLC serving as general partner of the Borrower. The ownership entity is an affiliate of Resources
for Community Development, a local non-profit housing developer that has developed over 450 units of housing
in Contra Costa County. Wells Fargo Bank is the tax credit investor limited partner.
On December 5, 2017, the Board of Supervisors adopted Resolution No. 2017/431 expressing the Board's intent
to issue multi-family housing revenue notes for the Development. That Resolution authorized the submittal of an
application by the County for tax-exempt private activity bond authority from the California Debt Limit
Allocation Committee. Subsequent to the adoption of that Resolution, the County, as required by Section 147(f) of
the Internal Revenue Code, held a noticed public hearing to permit interested parties to comment on the proposed
financing and the Development. That hearing was held on December 12, 2017, with no comments received from
the public. The Board adopted Resolution No. 2017/445 on December 12, 2017, to authorize proceeding with the
issuance of the Note pursuant to Section 147(f) of the Internal Revenue Code.
On December 20, 2017, the California Debt Limit Allocation Committee is expected to award the County
authority to issue the Note in a maximum principal amount of $1,600,000. That authority will be used to issue and
sell the Notes directly to MUFG Union Bank N.A. with the proceeds of the Note to be used to fund a loan by the
County to Riviera Family Apartments, L.P. In addition to the proceeds of the Note, the Development will utilize
other forms of financing detailed in Attachment A. The transaction is expected to close on or about December 22,
2017.
CONSEQUENCE OF NEGATIVE ACTION:
Negative action would prevent the County from issuing the Multifamily Housing Revenue Notes in order to
provide a loan to Riviera Family Apartments, L.P. to finance the construction of Riviera Family Apartments.
CHILDREN'S IMPACT STATEMENT:
Riviera Family Apartments provide 58 units of affordable rental housing appropriate for families. This supports
outcome #3: Families are Economically Self Sufficient.
AGENDA ATTACHMENTS
Resolution No. 2017/451
Funding Loan Modification Agreement
Borrower First Modification Agreement
Amended and Restated Regulatory Agreement
MINUTES ATTACHMENTS
Signed Resolution No. 2017/451
December 19, 2017 Contra Costa County Board of Supervisors Minutes 462
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
and for Special Districts, Agencies and Authorities Governed by the Board
Adopted this Resolution on 12/19/2017 by the following vote:
AYE:
John Gioia
Candace Andersen
Diane Burgis
Karen Mitchoff
Federal D. Glover
NO:
ABSENT:
ABSTAIN:
RECUSE:
Resolution No. 2017/451
RESOLUTION AUTHORIZING THE ISSUANCE OF A MULTIFAMILY HOUSING REVENUE NOTE IN A PRINCIPAL
AMOUNT NOT TO EXCEED $1,600,000 TO PROVIDE ADDITIONAL FINANCING FOR A MULTIFAMILY RENTAL
HOUSING PROJECT FOR RIVIERA FAMILY APARTMENTS, L.P., AND OTHER MATTERS RELATING THERETO
WHEREAS, the County of Contra Costa (the “County”) is authorized pursuant to Chapter 7 of Part 5 of Division 31 of the
Health and Safety Code of the State of California (the “Act”) to issue bonds and notes for the purpose of financing multifamily
rental housing facilities; and
WHEREAS, 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 (the “Project”) located at 1515 and 1738 Riviera Avenue in Walnut
Creek; 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 in a principal amount not to exceed $1,600,000 (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, on December 12, 2017, this Board of Supervisors held a public hearing on the proposed issuance of the 2017 Note
by the County for, and the financing, ownership and operation of, the Project, as required under the provisions of the Internal
Revenue Code (the “Code”) applicable to tax-exempt obligations, following published notice of such hearing, and subsequent to
the hearing the Board of Supervisors of the County adopted a Resolution authorizing the issuance of the 2017 Note to finance the
Project in satisfaction of public approval requirements of the Code; and
WHEREAS, the California Debt Limit Allocation Committee is expected to adopt a Resolution on December 20, 2017 allocating
$1,600,000 of the State of California ceiling on private activity bonds (the "Allocation") to the County for the 2017 Note; and
WHEREAS, there have been prepared various documents with respect to the issuance by the County of the 2017 Note, copies of
which are on file with the Clerk of the Board, and the Board of Supervisors now desires to again approve the issuance of the
2017 Note and to approve the execution and delivery of such documents by the County; and
WHEREAS, all conditions, things and acts required to exist, to have happened and to have been performed precedent to and in
connection with the issuance of the 2017 Note as contemplated by this Resolution and the documents referred to herein exist,
have happened and have been performed in due time, form and manner as required by the laws of the State of California,
including the Act.
Section 1. The Board of Supervisors hereby finds and declares that the foregoing recitals are true and correct.
Section 2. Pursuant to the Act and the Funding Loan Agreement, dated as of September 1, 2016, between the County and MUFG
Union Bank, N.A. (the “Bank”), as modified by the Funding Loan Modification Agreement referenced below, the 2017 Note
designated as “County of Contra Costa Multifamily Housing Revenue Note (Riviera Family Apartments), Series 2017D” in a
principal amount not to exceed the lesser of $1,600,000 or the amount of the Allocation actually received by the County for the
5
December 19, 2017 Contra Costa County Board of Supervisors Minutes 463
Project, is hereby authorized to be issued. The 2017 Note shall be executed by the manual or facsimile signature of the Chair of
the Board of Supervisors (the “Chair”), in the form set forth in and otherwise in accordance with the Funding Loan Modification
Agreement.
Section 3. The Funding Loan Modification Agreement between the County and the Bank, in the form on file with the Clerk of
the Board, is hereby approved. Any one of the Chair of the Board of Supervisors, the Vice-Chair of the Board of Supervisors, the
County Administrator, the Director of Conservation and Development, the Assistant Deputy Director of Conservation and
Development and the Community Development Bond Program Manager (collectively, the “Designated Officers”) is hereby
authorized, for and in the name and on behalf of the County, to execute and deliver the Funding Loan Modification Agreement in
said form, together with such additions thereto or changes therein as are recommended or approved by the Designated Officer
executing the Funding Loan Modification Agreement upon consultation with Bond Counsel to the County (including such
additions or changes as are necessary or advisable in accordance with Section 7 hereof, provided that no additions or changes
shall authorize an aggregate principal amount of the 2017 Note in excess of the amount set forth in Section 2 above), the approval
of such additions or changes to be conclusively evidenced by the execution and delivery of the Funding Loan Modification
Agreement by the County. The date, maturity date, interest rate or rates, privileges, manner of execution, place of payment, terms
of redemption and other terms of the 2017 Note shall be as provided in the Funding Loan Modification Agreement as finally
executed.
Section 4. The First Modification Agreement (Long Form) (the “Borrower Loan Modification Agreement”), among the Bank, the
County and the Borrower, in the form on file with the Clerk of the Board, is hereby approved. Any one of the Designated
Officers is hereby authorized to execute and deliver the Borrower Loan Modification Agreement in said form, together with such
additions thereto or changes therein as are recommended or approved by the Designated Officer executing the Borrower Loan
Modification Agreement upon consultation with Bond Counsel to the County (including such additions or changes as are
necessary or advisable in accordance with Section 7 hereof), the approval of such changes to be conclusively evidenced by the
execution and delivery of the Borrower Loan Modification Agreement by the County.
Section 5. Two amended and restated regulatory agreements and declarations of restrictive covenants, one relating to the units in
the Project located at 1515 Riviera Avenue and the other relating to the units in the Project located at 1738 Riviera Avenue, each
between the County and the Borrower (collectively, the “Amended Regulatory Agreements”), each in the form of the amended
and restated regulatory agreement and declaration of restrictive covenants on file with the Clerk of the Board, are hereby
approved. Any one of the Designated Officers is hereby authorized, for and in the name and on behalf of the County, to execute
and deliver the Amended Regulatory Agreements in said form, together with such additions thereto or changes therein as are
recommended or approved by the Designated Officer executing the Amended Regulatory Agreements upon consultation with
Bond Counsel to the County (including such additions or changes as are necessary or advisable in accordance with Section 7
hereof), the approval of such additions or changes to be conclusively evidenced by the execution and delivery of the Amended
Regulatory Agreements by the County.
Section 6. The law firm of Quint & Thimmig LLP is hereby designated as Bond Counsel to the County for the 2017 Note. The
fees and expenses of such firm for matters related to the 2017 Note shall be payable solely from the proceeds of the 2017 Note
or contributions by the Borrower.
Section 7. All actions heretofore taken by the officers and agents of the County with respect to the issuance of the 2017 Note are
hereby approved, confirmed and ratified, and the proper officers of the County, including the Designated Officers, are hereby
authorized and directed, for and in the name and on behalf of the County, to do any and all things and take any and all actions and
execute any and all certificates, agreements and other documents, which they, or any of them, may deem necessary or advisable
in order to consummate the lawful issuance and delivery of the 2017 Note in accordance with this Resolution, including but not
limited to any certificates, agreements and other documents described in the Funding Loan Modification Agreement, the
Borrower Loan Modification Agreement or the Amended Regulatory Agreements or, amendments to the documents for the 2016
Notes in order to implement the financing contemplated by the 2017 Note, or otherwise necessary to issue the 2017 Note and
consummate the transactions contemplated by the documents approved by this Resolution.
Section 8. This Resolution shall take effect upon its adoption.
Contact: Kara Douglas 925-674-7880
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown.
ATTESTED: December 19, 2017
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Stephanie Mello, Deputy
December 19, 2017 Contra Costa County Board of Supervisors Minutes 464
cc:
December 19, 2017 Contra Costa County Board of Supervisors Minutes 465
December 19, 2017 Contra Costa County Board of Supervisors Minutes 466
December 19, 2017 Contra Costa County Board of Supervisors Minutes 467
Quint & Thimmig LLP 12/13/17
FUNDING LOAN MODIFICATION AGREEMENT
THIS FUNDING LOAN MODIFICATION AGREEMENT, dated as of December 1, 2017
(the “Modification Agreement”), is by and between MUFG UNION BANK, N.A. (together with
any successor to its rights, duties and obligations hereunder, the “Bank”), and the COUNTY OF
CONTRA COSTA, CALIFORNIA (together with any successor to its rights, duties and
obligations hereunder, the “Governmental Lender”).
RECITALS:
WHEREAS, the Bank and the Governmental Lender are parties to a Funding Loan
Agreement, dated as of September 1, 2016 (the “Original Funding Loan Agreement”), pursuant
to which the Governmental Lender has issued its County of Contra Costa Multifamily Housing
Revenues Notes (Riviera Family Apartments), Series 2016C, consisting of its $16,152,951 County
of Contra Costa Multifamily Housing Revenue Note (Riviera Family Apartments), Series 2016C,
Promissory Note C-1 (Multifamily Housing Back to Back Loan Program) (the “C-1 Note”), its
$3,047,049 County of Contra Costa Multifamily Housing Revenue Note (Riviera Family
Apartments), Series 2016C, Promissory Note C-2 (Multifamily Housing Back to Back Loan
Program) (the “C-2 Note” and, together with the C-1 Note, the “C-1 and C-2 Notes”), and its
$1,529,702 County of Contra Costa Multifamily Housing Revenue Note (Riviera Family
Apartments), Series 2016C, Promissory Note C-3 (Multifamily Housing Back to Back Loan
Program) (the “C-3 Note”); and
WHEREAS, the proceeds of the C-1 and C-2 Notes and the C-3 Note were loaned to
Riviera Family Apartments, L.P., a California limited partnership (the “Borrower”), pursuant to
the terms of a Construction and Permanent Loan Agreement (Multifamily Housing Back to
Back Loan Program), dated as of September 1, 2016 (the “Original Borrower Loan Agreement”),
among the Governmental Lender, the Bank and the Borrower; and
WHEREAS, the Borrower has requested that the Governmental Lender now issue its
County of Contra Costa Multifamily Housing Revenue Note (Riviera Family Apartments),
Series 2017D, Promissory Note D (the “Note D”), and to substitute the new Note D for the C-3
Note; and
WHEREAS, in order to accommodate the Borrower, the Governmental Lender and the
Bank are now entering into this Modification Agreement amending and supplementing the
Original Funding Loan Agreement as provided herein, and the Governmental Lender, the Bank
and the Borrower are entering into a First Modification Agreement (Long Form), dated
December 1, 2017 (the “Borrower Loan Modification Agreement”), in order to amend and
supplement the provisions of the Original Borrower Loan Agreement.
AGREEMENT:
For and in consideration of the mutual agreements hereinafter contained, the parties
hereto agree as follows:
December 19, 2017 Contra Costa County Board of Supervisors Minutes 468
-2-
Section 1. The following defined terms in Section 1.1 of the Original Funding Loan
Agreement are hereby amended and restated in whole to read as follows:
“Borrower Loan Agreement” means that certain Construction and Permanent Loan
Agreement (Multifamily Housing Back to Back Loan Program), dated September 1, 2016, by and
among the Borrower, the Governmental Lender and Bank, as amended and supplemented by
the First Modification Agreement (Long Form), dated December 1, 2017, by and among the
Borrower, the Governmental Lender and the Bank, and as it may be further amended and
supplemented from time to time, pursuant to which the Borrower Loan is being made.
“Borrower Notes” means, collectively, (a) that certain Promissory Note A-1–Tax-Exempt
(Multifamily Housing Back to Back Loan Program), dated September 1, 2016, in the initial
principal amount of $16,152,951, (b) that certain Promissory Note A-2–Tax-Exempt (Multifamily
Housing Back to Back Loan Program), dated September 1, 2016, in the initial principal amount
of $3,047,049, and (c) that certain Promissory Note A-3 (Multifamily Housing Back to Back Loan
Program), dated as of December 1, 2017, in the initial principal amount of $1,529,702, together
evidencing the Borrower Loan, each executed by the Borrower in favor of Governmental
Lender.
“Funding Loan Agreement” means this Funding Loan Agreement, dated as of
September 1, 2016, between the Governmental Lender and the Bank, as amended and
supplemented by the Funding Loan Modification Agreement, dated as of December 1, 2017,
between the Governmental Lender and the Bank, and as it may be further amended and
supplemented from time to time.
“Funding Loan Documents” means this Funding Loan Agreement, the Funding Loan
Notes, the Borrower Loan Agreement, the Regulatory Agreements, the Tax Certificate and the
Assignment of Deed of Trust.
“Funding Loan Notes” means, collectively, Promissory Note C-1, Promissory Note C-2
and Promissory Note D.
“Regulatory Agreements” means, collectively (a) that Amended and Restated
Regulatory Agreement and Declaration of Restrictive Covenants, dated as of December 1, 2017,
by and between the Governmental Lender and the Borrower, pertaining to the 30 rental housing
units to be located at 1515 Riviera Avenue, as it may be amended and supplemented from time
to time in accordance with its terms, and (b) that Amended and Restated Regulatory Agreement
and Declaration of Restrictive Covenants, dated as of December 1, 2017, by and between the
Governmental Lender and the Borrower, pertaining to the 28 rental housing units to be located
at 1738 Riviera Avenue, as it may be amended and supplemented from time to time in
accordance with its terms.
“Tax Certificate” means (a) the Certificate as to Arbitrage of the Borrower and the
Governmental Lender dated the Closing Date, together with (b) the Certificate as to Arbitrage of
the Borrower and the Governmental Lender dated the Note D Closing Date.
December 19, 2017 Contra Costa County Board of Supervisors Minutes 469
-3-
“Tax-Exempt Notes” means, collectively, Promissory Note C-1, Promissory Note C-2
and Promissory Note D.
Section 2. The following defined terms are hereby added to Section 1.1 of the Original
Funding Loan Agreement:
“Note D” means the County of Contra Costa Multifamily Housing Revenue Note
(Riviera Family Apartments), Series 2017D, evidenced by Promissory Note D.
“Note D Closing Date” means the date of issuance of Note D.
“Note D Tax Certificate” means the Tax Certificate as defined in clause (b) of the
definition of Tax Certificate in this Funding Loan Agreement.
“Promissory Note D” means the promissory note executed by the Governmental Lender
in favor of the Bank, in the principal amount of $1,529,702 in the form attached to the Funding
Loan Agreement as Exhibit C.
Section 3. The Original Funding Loan Agreement is hereby further amended as follows:
From and after the Note D Closing Date: (a) all references in this Funding Loan Agreement to
“Promissory Note A-T-Taxable (Multifamily Housing Back to Back Loan Program)” shall
instead be “Borrower Note A-3,” as defined in the First Modification Agreement (Long Form),
dated December 1, 2017, by and among the Governmental Lender, the Bank and the Borrower;
and (b) all references in this Funding Loan Agreement to “Promissory Note C-3” shall instead
be to “Promissory D.”
Section 4. There is hereby added to the Original Funding Loan Agreement a new
Exhibit C, which shall be as set forth in Exhibit A hereto.
Section 5. This Modification Agreement shall become effective upon the later of (a) the
date on which the First Modification Agreement (Long Form), dated December 1, 2017, by and
among the Governmental Lender, the Bank and the Borrower becomes effective, and (b) the
Promissory Note D is delivered by the Governmental Lender to the Bank in exchange for
Promissory Note C-3. Upon the effective date of this Modification Agreement, Promissory Note
C-3 shall be deemed terminated and of no further force and effect.
Section 6. Except as amended and supplemented by this Modification Agreement, the
Original Funding Loan Agreement shall remain in full force and effect.
December 19, 2017 Contra Costa County Board of Supervisors Minutes 470
S-1
IN WITNESS WHEREOF, the parties hereto have executed this Modification Agreement
all as of the date first above written.
COUNTY OF CONTRA COSTA,
CALIFORNIA
By:
John Kopchik,
Director, Department of
Conservation and Development
MUFG UNION BANK, N.A.
By:
Its:
[Riviera Family Apartments – Signature Page to Modification Agreement]
03007.42:J15000
December 19, 2017 Contra Costa County Board of Supervisors Minutes 471
A-1
EXHIBIT A TO MODIFICATION AGREEMENT
(Exhibit C to the Original Funding Loan Agreement)
COUNTY OF CONTRA COSTA
MULTIFAMILY HOUSING REVENUE NOTE
(RIVIERA FAMILY APARTMENTS), SERIES 2017D, PROMISSORY NOTE D
(MULTIFAMILY HOUSING BACK TO BACK LOAN PROGRAM)
dated December 1, 2017
FOR VALUE RECEIVED, the County of Contra Costa (the “Governmental Lender”),
acknowledges itself indebted and hereby promises to pay to the order of MUFG Union Bank,
N.A. (the “Bank”), or its successors and assigns, the sum of up to one million five hundred
twenty-nine thousand seven hundred two dollars ($1,529,702.00), together with interest on the
advanced and unpaid principal amount of this Promissory Note D at the same interest rate as
the applicable interest rate specified in the Borrower Loan Agreement with respect to the
corresponding Borrower Note, until the Governmental Lender’s obligation to pay the
Outstanding Balance (as hereinafter defined) shall be discharged. The Outstanding Balance
shall mean the principal balance of the Funding Loan which has been advanced by the Bank
under Section 3.4 of the Funding Loan Agreement described below in respect of this Promissory
Note D, and that has not been repaid by the Governmental Lender to the Bank as of the date of
calculation of the Outstanding Balance. This Promissory Note D shall be governed by and be
payable in accordance with the terms and conditions of the Funding Loan Agreement dated as
of September 1, 2016, between the Bank and the Governmental Lender, as amended and
supplemented by the Funding Loan Modification Agreement, dated as of December 1, 2017,
between the Bank and the Funding Lender (together, the “Funding Loan Agreement”),
pursuant to which the Bank has made the Funding Loan to the Governmental Lender.
This Promissory Note D is issued to evidence a portion of the Funding Loan by the Bank
to the Governmental Lender and the obligation of the Governmental Lender to repay the same,
but only from amounts received by or on behalf of the Governmental Lender from Riviera
Family Apartments, L.P., a California limited partnership (the “Borrower”), pursuant to a
Construction and Permanent Loan Agreement (Multifamily Housing Back to Back Loan
Program) dated September 1, 2016, by and among the Governmental Lender, the Bank and the
Borrower, as amended and supplemented by the First Modification Agreement (Long Form),
dated December 1, 2017, by and among the Governmental Lender, the Bank and the Borrower
(together, the “Borrower Loan Agreement”), and the other Borrower Loan Documents (as
defined in the Borrower Loan Agreement).
Monthly payments of principal and interest shall be payable under this Promissory Note
D to the same extent as payments of principal and interest are due and payable on the
corresponding Borrower Note, as provided in the Borrower Loan Agreement. The Outstanding
Balance of this Promissory Note D shall be due and payable in its entirety on August 1, 2019.
The Funding Loan and this Promissory Note D are pass-through obligations relating to
the Borrower Loan made by Governmental Lender from the proceeds of the Funding Loan to
the Borrower under the Borrower Loan Agreement. Reference is made to the Borrower Loan
December 19, 2017 Contra Costa County Board of Supervisors Minutes 472
A-2
Agreement and to the Borrower Notes for complete payment and prepayment terms of the
Borrower Notes.
In the event the Governmental Lender fails to make the timely payment of any monthly
payment due on this Promissory Note D, and such payment remains unpaid for a period of ten
(10) days subsequent to the established payment date, the Governmental Lender shall pay
(solely from amounts received from the Borrower as late charges under the Borrower Loan
Agreement) to the Bank a late charge in the amount specified in Section 3.6 of the Borrower
Loan Agreement. If the principal balance of this Promissory Note D is accelerated following an
Event of Default (as defined in the Funding Loan Agreement), the Bank may increase the
interest rate on the portion of the Funding Loan evidenced by this Promissory Note D to the
Default Rate (as defined in the Borrower Loan Agreement).
The Governmental Lender may, at any time, prepay the principal amount of this
Promissory Note D to the same extent and subject to the terms and conditions set forth in the
Borrower Loan Agreement for the prepayment of the corresponding Borrower Note.
All sums due hereunder shall be paid in lawful money of the United States of America.
Interest on this Promissory Note D shall be computed as provided for the corresponding
Borrower Note in the Borrower Loan Agreement. All payments made hereunder shall be
credited and applied as provided in the Funding Loan Agreement.
THIS PROMISSORY NOTE D IS A LIMITED OBLIGATION OF THE
GOVERNMENTAL LENDER, PAYABLE SOLELY FROM AND SECURED SOLELY BY THE
PLEDGE AND ASSIGNMENT OF CERTAIN PAYMENTS ON THE CORRESPONDING
BORROWER NOTE OR FUNDS OTHERWISE PROVIDED UNDER THE BORROWER LOAN
DOCUMENTS. NEITHER OF THE GOVERNMENTAL LENDER NOR THE STATE OF
CALIFORNIA OR ANY OF ITS POLITICAL SUBDIVISIONS SHALL BE DIRECTLY,
INDIRECTLY, CONTINGENTLY OR MORALLY OBLIGATED TO USE ANY OTHER
MONEYS OR ASSETS TO PAY ALL OR ANY PORTION OF THE DEBT SERVICE DUE ON
THIS PROMISSORY NOTE D, TO LEVY OR TO PLEDGE ANY FORM OF TAXATION
WHATEVER THEREFOR OR TO MAKE ANY APPROPRIATION FOR PAYMENT OF THIS
PROMISSORY NOTE D. THIS PROMISSORY NOTE D IS NOT SECURED BY A PLEDGE OF
THE FAITH AND CREDIT OF THE GOVERNMENTAL LENDER OR THE STATE OF
CALIFORNIA OR ANY OF ITS POLITICAL SUBDIVISIONS, NOR DOES THE FUNDING
LOAN CONSTITUTE INDEBTEDNESS WITHIN THE MEANING OF ANY
CONSTITUTIONAL OR STATUTORY DEBT LIMITATION.
THIS PROMISSORY NOTE D AND THE REPAYMENT PROVISIONS CONTAINED
HEREIN ARE SUBJECT TO THE PROVISIONS AND LIMITATIONS CONTAINED IN
SECTIONS 4.1, 5.2 AND 6.14 OF THE FUNDING LOAN AGREEMENT.
No delay or omission on the part of Bank in exercising any remedy, right or option
under this Promissory Note D or the Funding Loan Documents shall operate as a waiver of
such remedy, right or option. In any event a wavier on any one occasion shall not be construed
as a waiver or bar to any such remedy, right or option on a future occasion. The rights,
remedies and options of Bank under this Promissory Note D and the Funding Loan Documents
December 19, 2017 Contra Costa County Board of Supervisors Minutes 473
A-3
are and shall be cumulative and are in addition to all the rights, remedies and options of the
Bank at law or in equity or under any other agreement.
Presentment for payment, notice of dishonor, protest or notice of protest are hereby
waived. The acceptance by Bank of any amount after the same is due shall not constitute a
waiver of the right to require prompt payment, when due, of all other amounts due hereunder.
The acceptance by the owner hereof any sum and amount less than the amount then due shall
be deemed an acceptance on account only and upon condition of the acceptance shall not
constitute a waiver of the obligation of Governmental Lender to pay the entire sum then due,
and Governmental Lender’s failure to pay such amount then due shall be and continue to be at
default notwithstanding such acceptance of such amount on account thereof. Consent by the
Bank to any action of Governmental Lender which is subject to approval of the Bank hereunder
shall not be deemed a waiver of the right to require such consent or approval to future
successive actions, waives the right to asset the defense of any statute of limitations to any debt
or obligation hereunder and consents to renewals and extensions of time for payment of any
amounts due under this Promissory Note D.
This Promissory Note D may only be transferred in accordance with the requirements of
Section 4.3 of the Funding Loan Agreement, and any such transfer shall be recorded in the Note
Register maintained by the Bank.
This Promissory Note D is being issued in exchange for Promissory Note C-3, and upon
the issuance of this Promissory Note D, Promissory Note C-3 shall be deemed to be terminated
and of no further force and effect.
Capitalized terms used herein which are not defined herein shall have the meanings
ascribed to them in the Funding Loan Agreement.
IN WITNESS WHEREOF, the County of Contra Costa, California has caused this
Promissory Note D to be executed in its name and on its behalf all as of the date first written
above.
COUNTY OF CONTRA COSTA,
CALIFORNIA
By:
John Kopchik,
Director, Department of
Conservation and Development
[Riviera Family Apartments – Signature Page to Promissory Note D]
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FIRST MODIFICATION AGREEMENT (LONG FORM)
Date: December 1, 2017
This First Modification Agreement (Long Form) ("Agreement") is made as of the above date by and
among RIVIERA FAMILY APARTMENTS, L.P., a California limited partnership ("Debtor"), MUFG UNION
BANK, N.A. ("Bank") and the COUNTY OF CONTRA COSTA, CALIFORNIA (“Governmental Lender”),
with reference to the following facts:
RECITALS:
A. Pursuant to that certain Construction and Permanent Loan Agreement (Multifamily Housing Back
to Back Loan Program) dated September 1, 2016 (the “Borrower Loan Agreement”), Governmental
Lender made a loan to Debtor in the aggregate principal amount of $20,729,702 (the “Borrower Loan”)
evidenced by (i) that certain Promissory Note A-1 – Tax Exempt (Multifamily Housing Back to Back Loan
Program) dated of even date with the Borrower Loan Agreement from Borrower to Governmental Lender
in the original principal amount of $16,152,951 (“Borrower Note A-1”), (ii) that certain Promissory Note A-2
– Tax Exempt (Multifamily Housing Back to Back Loan Program) dated of even date with the Borrower
Loan Agreement from Borrower to Governmental Lender in the original principal amount of $3,047,049
(“Borrower Note A-2”, and (iii) that certain Promissory Note A-T – Taxable (Multifamily Housing Back to
Back Loan Program) dated of even date with the Borrower Loan Agreement from Borrower to
Governmental Lender in the original principal amount of $1,529,702 (“Borrower Note A-T”, and
collectively with Borrower Note A-1 and Borrower Note A-2, the “Borrower Note”). Capitalized terms used
in this Agreement shall have the meanings given in the Borrower Loan Agreement unless otherwise
defined.
B. The Borrower Note and Debtor’s obligations under the Borrower Loan Agreement are secured in
part by that certain Deed of Trust, Assignment of Rents, Security Agreement and Fixture Filing
(Construction Trust Deed) (Multifamily Housing Back to Back Loan Program) of even date with the
Borrower Loan Agreement (the "Deed of Trust").
C. Debtor’s obligations under the Borrower Loan are guaranteed by Resources for Community
Development, a California nonprofit public benefit corporation (“Guarantor”), as evidenced by that certain
Loan and Completion Guaranty of even date with the Borrower Loan Agreement, executed by Guarantor
in favor of Bank (the “Guaranty”).
D. The Borrower Loan Agreement, the Borrower Note, the Deed of Trust, the Guaranty, and any
other documents executed in connection with the Borrower Loan are collectively referred to as the
"Borrower Loan Documents.”
E. All of Governmental Lender’s interests and rights in the Borrower Loan Documents have been
assigned to Bank pursuant to that certain Assignment of Deed of Trust and Related Documents of even
date with the Borrower Loan Agreement.
F. The United States House of Representatives has passed the Tax Cuts and Jobs Act (H.R. 1) (the
“Tax Act”) which, in part, would prohibit the issuance of tax-exempt private activity bonds after
December 31, 2017, including the draw down of previously issued tax-exempt private activity bonds.
G. The Funding Loan is a private activity bond which would be subject to the Tax Act if enacted into
law.
H. In order to ensure that interest on the Funding Loan Note remains tax-exempt in the event the
Tax Act is enacted into law, it is the desire of the parties hereto to modify and amend the Borrower Loan
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Documents to, among other things, (i) convert Borrower Note A-T from a taxable note to a tax-exempt
note, and (ii) provide for the disbursement of the undrawn balance of the Borrower Loan into the
Borrower’s Funds Account.
I. Any reference to "Debtor" herein shall also mean "Borrower," if the Debtor is so defined in the
Borrower Note. Any reference to "Borrower Note" herein shall also mean "Debt Instrument," if the
Borrower Note is so defined in the Deed of Trust.
1. AMENDMENTS TO THE BORROWER LOAN AGREEMENT.
1.1 Draw Down of Borrower Loan. The Borrower hereby requests and the Bank hereby agrees to
advance the remaining undrawn balance of the Borrower Loan into the Borrower’s Funds Account. Upon
the advancement of the Borrower Loan to the Borrower’s Funds Account the amount advanced shall
constitute Borrower’s Funds for all purposes under the Borrower Loan Documents. The portion of the
Funding Loan disbursed into the Borrower’s Funds Account shall be deemed outstanding as of the date
advanced and will immediately commence to accrue interest as provided in Section 3.1.2 of the Borrower
Loan Agreement. The Borrower’s Funds held in the Borrower’s Funds Account as Borrower’s Funds shall
continue to be disbursed by Bank on Project costs pursuant to the provisions of Section 5 of the Borrower
Loan Agreement and the Disbursement Schedule as if they were Advances of the Borrower Loan.
1.2 Other Amendments.
1.2.1 New Definitions. The following definition of “Security Agreement” shall be added to Section 1 of
the Borrower Loan Agreement:
“Security Agreement. The Security Agreement dated as of the Contract Date from
Borrower, as debtor, to Governmental Lender and Bank, as secured parties, granting a
security interest in the Borrower’s Funds Account, together with, if required by Bank, a
control agreement among Borrower, Bank and the depository for the Borrower’s Funds
Account perfecting the security interest in the Borrower’s Funds Account in a form and
content satisfactory to Bank, as the same may from time to time be amended, modified or
supplemented.”
1.2.2 Modified Definitions. The definitions of “Borrower’s Funds Account,” “Borrower Note,” “Borrower
Note A-T” and “Security Documents” set forth in Article 1 of the Borrower Loan Agreement entitled
“Definitions” are hereby deleted in their entirety and replaced with the following:
“Borrower’s Funds Account. An account with Bank or with Union Bank Investment
Services, LLC, an affiliate of Bank, into which Borrower’s Funds shall be deposited as
provided for in Section 5.6, Section 7.2 or any other provision of this Agreement. Funds
in the Borrower’s Funds Account may only be invested by Borrower in the following: (a)
United States Treasury Bills with a maturity of 12 months or less; (b) direct obligations of,
and obligations on which the full and timely payment of principal and interest is
unconditionally guaranteed by, an agency or instrumentality of the United States of
America with a maturity of 12 months or less; or (c) a Union Bank Business MoneyMarket
Account.”
“Borrower Note. Collectively, Borrower Note A-1, Borrower Note A-2, and Borrower
Note A-3.”
“Borrower Note A-3. The Promissory Note A-3 – Tax Exempt (Multifamily Housing Back
to Back Loan Program) dated as of December 1, 2017 from Borrower, as maker, in favor
of Governmental Lender in the original principal amount of $1,529,702.”
“Security Documents. Any agreements granting a security interest in collateral securing
the Borrower Loan and/or any Hedge provided by Bank other than the Deed of Trust,
including without limitation, assignments and consents to assignments of the Architect’s
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Agreement, Construction Contract, if any, Plans, any property management agreement or
asset management agreement, the Assignment of Tax Credits and Partnership Interests,
the Assignment of Hedge (if any), the Assignment of AHAP Contract, the Assignment of
HAP Contract and the Security Agreement.”
1.2.2 Borrower Note A-3. Any reference to Borrower Note A-T in the Borrower Loan Agreement or any
other Borrower Loan Documents shall instead refer to Borrower Note A-3, and any reference in the
Borrower Loan Agreement to the phrase “as represented by Borrower Note A-1 and Borrower Note A-2”
is hereby deleted in its entirety.
1.2.3 Interest. Section 3.1.2(a) of the Borrower Loan Agreement is hereby deleted in its entirety and
replaced with the following:
“(a) At all times from and after the Funding Date to (but excluding) the Conversion
Date, the aggregate outstanding principal balance of the Borrower Loan shall accrue
interest at a rate which is 65% of the LIBOR Rate plus the Margin (applicable during the
Construction Phase) for the then current Interest Period. The Variable Rate for the next
Interest Period shall change on each Interest Change Date based on changes in the
LIBOR Rate. There is no limit on the amount the Variable Rate may increase or
decrease during the term of the Borrower Loan.”
1.2.4 Disbursement. Section 5.5.5 of the Borrower Loan Agreement is hereby deleted in its entirety
and replaced with “Intentionally Omitted.”
1.2.5 Payment of Development Fee. Section 7.42 of the Borrower Loan Agreement is deleted in its
entirety and replaced with the following: “Borrower shall not pay more than (i) $350,000 of the
development fee in the aggregate on or prior to the Closing Date, (ii) $600,000 of the development fee in
the aggregate on or prior to the date of Project Completion, (iii) $1,150,000 of the development fee in the
aggregate on or prior to Permanent Loan Conversion, and (iii) $1,400,000 of the development fee in the
aggregate on or prior to receipt of IRS Form 8609 with respect to the Project.
2. AMENDMENT AND RESTATEMENT OF BORROWER NOTE A-T. Borrower Note A-T is
hereby amended and restated in its entirety as set forth in the form of that certain Promissory Note A-3 –
Tax-Exempt (Multifamily Housing Back to Back Loan Program) dated of even date herewith executed by
Borrower in favor of Governmental Lender (“Borrower Note A-3”).
3. AMENDMENT TO THE DEED OF TRUST. Section 2.1 of the Deed of Trust shall be deleted in
its entirety and amended and restated as follows:
“2.1 Payment of all sums at any time owing and the performance of all other
obligations arising under that certain Promissory Note A-1 Tax-Exempt (Multifamily
Housing Back to Back Loan Program) in the original principal amount of Sixteen Million
One Hundred Fifty-Two Thousand Nine Hundred Fifty-One and No/100 Dollars
($16,152,951) dated September 1, 2016, that certain Promissory Note A-2 Tax-Exempt
(Multifamily Housing Back to Back Loan Program) in the original principal amount of
Three Million Forty-Seven Thousand Forty-Nine and No/100 Dollars ($3,047,049) dated
September 1, 2016, and that certain Promissory Note A-3 Tax-Exempt (Multifamily
Housing Back to Back Loan Program) in the original principal amount of One Million Five
Hundred Twenty-Nine Thousand Seven Hundred Two and No/100 Dollars ($1,529,702)
dated December 1, 2017, each executed by Riviera Family Apartments, L.P., a California
limited partnership ("Obligor") to the order or in favor of Governmental Lender, which
beneficial interest has been assigned to Bank pursuant to that certain Funding Loan
Agreement dated September 1, 2016 between Governmental Lender and Bank (as
modified, the “Funding Loan Agreement”) and that certain Assignment of Deed of Trust
and Related Documents dated September 1, 2016 executed by Governmental Lender in
favor of Bank and any and all modifications, replacements, extensions and renewals
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thereof (collectively, the "Debt Instrument"), whether hereafter evidenced by the Debt
Instrument or otherwise;”
4. ADDITIONAL PROVISIONS.
4.1 Conditions Precedent. The effectiveness of this Agreement is expressly conditioned on Debtor
causing the following conditions to be satisfied to the satisfaction of Bank:
(a) Bank shall have received (i) Debtor’s original signature to this Agreement, Borrower
Note A-3 and that certain First Modification Agreement (Short Form) of even date herewith (the
“Short Form Modification”), (ii) Governmental Lender’s original signature endorsing Borrower
Note A-3 to Bank, (iii) Debtor’s signature on the Security Agreement on Bank’s form granting to
Bank a security interest in the Borrower’s Funds Account, (iv) Guarantor’s original signature to
the Consent and Reaffirmation of Guaranty attached hereto, (v) Tax Credit Investor’s original
signature to the Consent of Tax Credit Investor attached hereto, and (vi) any other documents
reasonably required by Bank, Governmental Lender and Tax Counsel, each in form and
substance satisfactory to Bank, Governmental Lender and Tax Counsel, as applicable, and each
executed by Debtor, Guarantor, Tax Credit Investor or such other parties as Bank, Governmental
Lender or Tax Counsel may reasonably request.
(b) There shall have been no substantial deterioration in the financial condition of Debtor or
Guarantor, as determined by Bank in Bank’s discretion.
(c) No default or Event of Default under the Borrower Loan Documents shall have occurred
or be continuing or would exist after giving effect to this Agreement on such date, and no event
shall have occurred which, with the giving of notice or the passage of time, or both, shall ripen
into a default or Event of Default hereunder.
(d) Bank shall have been reimbursed by Debtor for all costs and expenses incurred by Bank
in connection with this Agreement, including without limitation, modification fees, inspection fees,
attorneys’ fees and costs, engineer and appraiser fees, documentation and/or recording fees, if
any, and the cost of any title endorsements required by Bank.
(e) Bank shall have received an opinion of Tax Counsel, acceptable to Bank in its
reasonable discretion, opining that the Agreement has no adverse effect on exclusion of interest
on the bonds from gross income for federal income tax purposes.
(f) Each of the representations and warranties made by Debtor in the Borrower Loan
Documents and/or pursuant to this Agreement shall be true and correct in all material respects,
before and after giving effect to this Agreement.
(g) Neither Debtor nor any Loan Party shall be in default under any promissory note, deed of
trust, security agreement, guaranty or other agreement between Bank and any such party, and no
event shall have occurred which would constitute a default or event of default thereunder.
(h) Borrower shall have delivered to Bank and Bank shall have approved an updated Project
Budget establishing that the sources and uses of funds for the Project are sufficient to complete
the development of the Project, including the payment of accrued interest on the Borrower Loan
through the Outside Conversion Date.
[(i) Borrower shall have deposited the sum of $___________ into the Borrower’s Funds
Account to assure that there are sufficient funds in the Interest Reserve to pay the interest
required under the terms of the Borrower Note through the Outside Conversion Date.] [CHECK]
(j) The Short Form Modification shall have been duly recorded in the Official Records.
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(k) Bank shall have received from the Title Company, in form and substance satisfactory to
Bank in Bank’s sole discretion, and at Debtor's sole expense, all title insurance endorsements
required by Bank in connection with this Agreement, including without limitation, a modified CLTA
110.5-06 endorsement to Bank’s and Governmental Lender’s title insurance policy without any
new exceptions to title, except as approved by Bank.
4.2 Affirmation of Indebtedness. Debtor affirms and admits the indebtedness evidenced by the
Borrower Note. Debtor acknowledges that it has no claims, offsets or defenses with respect to the
payments of sums due under the Borrower Note or Deed of Trust or other Borrower Loan Documents.
Debtor ratifies and confirms each and all of the terms, conditions and covenants of the Borrower Note,
Deed of Trust and other Borrower Loan Documents as amended or modified by this Agreement and those
provisions not so amended or modified and, except as specifically amended or modified hereby, the
Borrower Loan Documents remain in full force and effect.
4.3 No Encumbrance. Debtor represents and warrants that it is the owner of the real estate
described in the Deed of Trust free and clear of any encumbrances thereon junior to the lien of the Deed
of Trust except for the Permitted Liens. Debtor further represents and warrants that title to the real
property described in the Deed of Trust is now vested in Debtor subject only to those matters existing at
the time of recordation of the Deed of Trust (and matters approved by Lender in writing) and current taxes
and that no one other than Debtor has any interest in the real property subject to the Deed of Trust.
4.4 General Release. Debtor and each Guarantor, and each of their respective successors, assigns,
directors, officers, employees, agents (collectively, “Releasing Parties”), fully, finally, and forever releases
and discharges Bank and its representatives together with Bank’s respective successors, assigns,
directors, officers, employees, agents (collectively, “Released Parties”) from any and all actions, causes
of action, claims, debts, demands, liabilities, obligations, and suits, of whatever kind or nature, in law or
equity arising under or in a manner in connection with the Borrower Loan or Borrower Loan Documents,
that Releasing Parties have or in the future may have, whether known or unknown, occurring prior to the
date of this Agreement. It is the intention of Releasing Parties that the above release shall be effective as
a full and final release of each and every matter specifically and generally referred to above.
Each Releasing Party acknowledges and represents that it, he or she has been advised by independent
legal counsel with respect to the agreements contained herein and with respect to the provisions of
California Civil Code Section 1542, which provides as follows: “A GENERAL RELEASE DOES NOT
EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR
HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER
MUST HAVE MATERIALLY AFFECTED THE SETTLEMENT WITH THE DEBTOR.” Each Releasing
Party, being aware of said code section, expressly waives any and all rights it, he or she may have
thereunder, as well as under any other statute or common law principle of similar effect, with respect to
any of the matters released herein. This general release shall act as a release of all included claims,
rights and causes of action, whether such claims are currently known, unknown, foreseen or unforeseen
and regardless of any present lack of knowledge as to such claims. Each Releasing Party understands
and acknowledges the significance and consequence of this waiver of California Civil Code Section 1542,
and hereby assumes full responsibility for any injuries, damages, losses or liabilities released herein.
Borrower’s Initials: Guarantor’s Initials
4.5 Counterparts. This Agreement may be executed in counterparts, each of which shall be
deemed an original but all of which together, shall constitute one and the same agreement.
4.6 Successors and Assigns. This Agreement shall inure to the successors and assigns of Bank
and the permitted successors and assigns of Debtor.
4.7 Patriot Act. Bank is subject to the USA Patriot Act and hereby notifies Debtor that pursuant to
the requirements of that Act, Bank is required to obtain, verify and record information that identifies
Borrower, which information includes the name and address of Debtor and other information that will
allow Bank to identify Borrower in accordance with the Act.
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4.8 Entire Agreement; No Oral Modifications. This Agreement, the other Borrower Loan
Documents and the other documents mentioned herein and executed as of the date hereof set forth the
entire agreement of the parties with respect to the Borrower Loan and supersede all prior written or oral
understandings and agreements with respect thereto. No modification or waiver of any provision of this
Agreement shall be effective unless set forth in writing and signed by the parties hereto. If there is any
conflict between the terms, conditions and provisions of this Agreement and those of any other
agreement or instrument executed by Borrower or Guarantor, including any of the other Borrower Loan
Documents, the terms, conditions and provisions of this Agreement shall prevail. By executing this
Agreement and initialing below Borrower and Guarantor expressly represent and warrant that they did not
rely on any representation, assurance or agreement, oral or written, not expressly set forth in this
Agreement or any of the other Borrower Loan Documents in reaching its decision to enter into this
Agreement or any of the other Borrower Loan Documents and that no promises or other representations
have been made to Borrower or Guarantor which conflict with the written terms of the Borrower Loan
Documents. Borrower and each Guarantor represent to Bank that (i) it has read and understands the
terms and conditions contained in this Agreement and the other Borrower Loan Documents executed in
connection with this Agreement, (ii) its legal counsel has carefully reviewed all of the Borrower Loan
Documents and it has received legal advice from counsel of its choice regarding the meaning and legal
significance of this Agreement and all other Borrower Loan Documents, (iii) it is satisfied with its legal
counsel and the advice received from it, and (iv) it has relied only on its review of the Borrower Loan
Documents and its own legal counsel's advice and representations (and it has not relied on any advice or
representations from Bank, or any of Bank’s officers, employees, agents or attorneys). The Borrower
Loan Documents may not be modified, amended or terminated except by a written agreement signed by
each of the parties hereto.
Borrower’s Initials: Guarantor’s Initials
[SIGNATURE PAGE FOLLOWS]
December 19, 2017 Contra Costa County Board of Supervisors Minutes 480
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first written
above.
DEBTOR:
RIVIERA FAMILY APARTMENTS, L.P.,
a California limited partnership
By: Stargell Commons LLC,
a California limited liability company,
its general partner
By: Resources for Community Development,
a California nonprofit public benefit corporation,
its sole member/manager
By:
Daniel Sawislak
Executive Director
BANK:
MUFG UNION BANK, N.A.
By:
Name:
Title:
GOVERNMENTAL LENDER:
COUNTY OF CONTRA COSTA, CALIFORNIA
By:
John Kopchick,
Director, Department of Conservation and Development
December 19, 2017 Contra Costa County Board of Supervisors Minutes 481
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CONSENT AND REAFFIRMATION OF GUARANTY BY GUARANTOR
The undersigned (“Guarantor”) hereby acknowledges and consents to the terms and conditions set forth
in this First Modification Agreement (Long Form), acknowledges and reaffirms its obligations owing under
the Loan and Completion Guaranty dated September 1, 2016 executed by Guarantor (the “Guaranty”),
and any other Borrower Loan Documents to which it is a party, acknowledges and agrees that the
“Obligations” as defined in the Guaranty includes the obligations of Debtor set forth in this First
Modification Agreement, and agrees that such Guaranty and Borrower Loan Documents are and shall
remain in full force and effect, as amended hereby.
This Consent and Reaffirmation of Guaranty by Guarantor is executed as of the date first written above.
RESOURCES FOR COMMUNITY DEVELOPMENT,
a California nonprofit public benefit corporation
By:_______________________________________
Name: Dan Sawislak
Title: Executive Director
December 19, 2017 Contra Costa County Board of Supervisors Minutes 482
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CONSENT OF TAX CREDIT INVESTOR
The undersigned Tax Credit Investor hereby acknowledges and consents to the terms and conditions set
forth in this First Modification Agreement.
This Consent is executed as of the date first written above.
WELLS FARGO AFFORDABLE HOUSING COMMUNITY DEVELOPMENT CORPORATION,
a North Carolina corporation
By:
Name: Timothy J. McCann
Title: Senior Vice President
December 19, 2017 Contra Costa County Board of Supervisors Minutes 483
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CONSENT AND REAFFIRMATION OF SUBORDINATION
The undersigned (“Subordinating Party”) hereby acknowledges and consents to the terms and conditions
set forth in this First Modification Agreement (Long Form), acknowledges and reaffirms the subordination
of its rights under the Subordination Agreement dated September 1, 2016 (“Subordination Agreement”)
and recorded on September 26, 2016 in the Official Records of Contra Costa County, California (“Official
Records”), as Recorder Series No. 2016-0197589, executed by Subordinating Party in favor of MUFG
Union Bank, N.A.. in its capacity as agent for County of Contra Costa, California, and agrees that the
Subordination Agreement shall remain in full force and effect.
This Consent and Reaffirmation is executed as of the date first written above.
COUNTY OF CONTRA COSTA,
a political subdivision of the State of California
By:
John Kopchick,
Director, Department of Conservation and Development
December 19, 2017 Contra Costa County Board of Supervisors Minutes 484
Quint & Thimmig LLP 12/13/17
03007.31:J14279
RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
QUINT & THIMMIG LLP
900 Larkspur Landing Circle, Suite 270
Larkspur, California 94939-1726
Attention: Paul J. Thimmig, Esq.
AMENDED AND RESTATED REGULATORY AGREEMENT AND
DECLARATION OF RESTRICTIVE COVENANTS
by and between the
COUNTY OF CONTRA COSTA, CALIFORNIA,
and
RIVIERA FAMILY APARTMENTS, L.P.,
A CALIFORNIA LIMITED PARTNERSHIP
dated as of December 1, 2017
relating to:
$19,200,000
County of Contra Costa
Multifamily Housing Revenue Notes
(Riviera Family Apartments), Series 2016C
and
$1,529,702
County of Contra Costa
Multifamily Housing Revenue Note
(Riviera Family Apartments), Series 2016D
consisting of:
$16,152,951 Promissory Note C-1 (Multifamily Housing Back to Back Loan Program)
$3,047,049 Promissory Note C-2 (Multifamily Housing Back to Back Loan Program)
$1,529,702 Promissory Note D-1 (Multifamily Housing Back to Back Loan Program)
December 19, 2017 Contra Costa County Board of Supervisors Minutes 485
Regulatory Agreement and Declaration Agreement
of Restrictive Covenants
Poway Family Partners, L.P.
December 12, 2005
Page 2
This Regulatory Agreement and Declaration of Restrictive Covenants pertains to the 30 units of
multifamily rental housing located at 1515 Riviera Avenue in the City of Walnut Creek,
California.
December 19, 2017 Contra Costa County Board of Supervisors Minutes 486
-i-
TABLE OF CONTENTS
Section 1. Definitions and Interpretation ...................................................................................................... 2
Section 2. Representations, Covenants and Warranties of the Borrower ................................................. 9
Section 3. Qualified Residential Rental Project .......................................................................................... 12
Section 4. Low Income Tenants; Reporting Requirements....................................................................... 14
Section 4A. Additional Requirements of the Governmental Lender ......................................................... 17
Section 5. Tax-Exempt Status of the Tax-Exempt Notes ........................................................................... 20
Section 6. Additional Requirements of the Act .......................................................................................... 20
Section 7. CDLAC Requirements ................................................................................................................. 22
Section 8. Modification of Covenants .......................................................................................................... 24
Section 9. Indemnification ............................................................................................................................ 25
Section 10. Consideration ............................................................................................................................... 27
Section 11. Reliance .......................................................................................................................................... 27
Section 12. Sale or Transfer of the Project ..................................................................................................... 27
Section 13. Term ............................................................................................................................................... 29
Section 14. Covenants to Run With the Land............................................................................................... 30
Section 15. Burden and Benefit ...................................................................................................................... 30
Section 16. Uniformity; Common Plan ......................................................................................................... 31
Section 17. Default; Enforcement ................................................................................................................... 31
Section 18. References to Bank ....................................................................................................................... 32
Section 19. Recording and Filing ................................................................................................................... 32
Section 20. Payment of Administration Fees ................................................................................................ 33
Section 21. Governing Law ............................................................................................................................. 33
Section 22. Amendments; Waivers ................................................................................................................ 33
Section 23. Notices ........................................................................................................................................... 34
Section 24. Severability.................................................................................................................................... 35
Section 25. Multiple Counterparts ................................................................................................................. 36
Section 26. Third Party Beneficiaries; Enforcement .................................................................................... 36
Section 27. The Bank ........................................................................................................................................ 36
Section 28. No Interference or Impairment of Loan .................................................................................... 36
Section 29. Limitation on Borrower Liability ............................................................................................... 37
Section 30. Limited Liability ........................................................................................................................... 38
Section 31. Conflict With Other Affordability Agreements ....................................................................... 38
Section 32. Property Management ................................................................................................................. 38
Section 33. Annual Reporting Covenant....................................................................................................... 39
Section 34. Regulatory Agreement or Replacement .................................................................................... 39
EXHIBIT A DESCRIPTION OF PROPERTY
EXHIBIT B [intentionally omitted]
EXHIBIT C COMPLETION CERTIFICATE
EXHIBIT D CERTIFICATE AS TO COMMENCEMENT OF QUALIFIED PROJECT PERIOD
EXHIBIT E VERIFICATION OF INCOME
EXHIBIT F CERTIFICATE OF CONTINUING PROGRAM COMPLIANCE
EXHIBIT G CDLAC RESOLUTION NO. 16-9
EXHIBIT H CDLAC RESOLUTION NO. 17-__
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AMENDED AND RESTATED REGULATORY AGREEMENT AND
DECLARATION OF RESTRICTIVE COVENANTS
AMENDED AND RESTATED REGULATORY AGREEMENT AND DECLARATION OF
RESTRICTIVE COVENANTS (as supplemented and amended from time to time, this
“Agreement” or this “Regulatory Agreement”), dated as of December 1, 2017, is by and
between the COUNTY OF CONTRA COSTA, CALIFORNIA, a political subdivision and body
corporate and politic of the State of California (together with any successor to its rights, duties
and obligations, the “Governmental Lender”), and RIVIERA FAMILY APARTMENTS, L.P., a
California limited partnership (together with any successor to its rights, duties and obligations
hereunder, the “Borrower”).
R E C I T A L S :
WHEREAS, on September 23, 2016 the Governmental Lender issued its $16,152,951
County of Contra Costa Multifamily Housing Revenue Note (Riviera Family Apartments),
Series 2016C, Promissory Note C-1 (Multifamily Housing Back to Back Loan Program) (the
“Note C-1”), $3,047,049 County of Contra Costa Multifamily Housing Revenue Note (Riviera
Family Apartments), Series 2016C, Promissory Note C-2 (Multifamily Housing Back to Back
Loan Program) (the “Note C-2” and together with Note C-1, the “Notes C-1 and C-2”), and
$1,529,702 County of Contra Costa Multifamily Housing Revenue Note (Riviera Family
Apartments), Series 2016C, Promissory Note D-1 (Multifamily Housing Back to Back Loan
Program) (the “Note C-3”), all pursuant to Chapter 7 of Part 5 of Division 31 (commencing with
Section 52075) of the Health and Safety Code of the State of California (the “Act”), with the
proceeds of the Notes C-1 and C-2 and Note C-3 utilized to fund a loan to the Borrower (the
“Borrower Loan”) pursuant to the terms of the Construction and Permanent Loan Agreement
(Multifamily Housing Back to Back Loan Program), dated as of September 1, 2016, among the
Governmental Lender, MUFG Union Bank, N.A. (the “Bank”) and the Borrower (as
supplemented and amended from time to time, the “Borrower Loan Agreement”), in order to
enable the Borrower to finance the acquisition and construction of a total of 38 units of
multifamily rental housing located in the City of Walnut Creek (the “City”) collectively known
as Riviera Family Apartments, including (a) 30 units located at 1515 Riviera Avenue in the City,
and (b) 28 units located at 1738 Riviera Avenue in the City (collectively referred to in the
Borrower Loan Agreement as the “Project” and in this Regulatory Agreement as the “Projects”);
and
WHEREAS, in connection with the Borrower Loan and the financing of the Projects, the
Governmental Lender and the Borrower have entered into two (2) separate Regulatory
Agreements and Declaration of Restrictive Covenants, each dated as of September 1, 2016, one
with respect to each of the two different sites comprising real property on which the Projects are
located (the “Original Regulatory Agreements”); and
WHEREAS, the Borrower has requested that the Governmental Lender now issue its
County of Contra Costa Multifamily Housing Revenue Note (Riviera Family Apartments),
Series 2017D (the “Note D”), and that Note D be substituted from and after the Note D Closing
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Date (as defined herein) for the then outstanding Note C-3, and the Bank has agreed to such
substitution; and
WHEREAS, in connection with such substitution, the Borrower and the Governmental
Lender have agreed that the Original Regulatory Agreements need to be amended and restated;
and
WHEREAS, this is one of such amended and restated agreements, is referred to herein as
the “Agreement” or the “Regulatory Agreement,” and pertains to the site described in Exhibit A
hereto and the units on such site (such units being referred to in this Regulatory Agreement as
the “Project”); and
WHEREAS, the other Amended and Restated Regulatory Agreement and Declaration of
Restrictive Covenants that pertains to units comprising the Projects that are not to be located on
the site described in Exhibit A hereto is referred to herein as the “Other Regulatory Agreement,”
and the units situated on the site described in Exhibit A to the Other Regulatory Agreement are
referred to herein as the “Other Project;” and
WHEREAS, in order to assure the Governmental Lender and the owner of the Notes C-1
and C-2 and of the Note D (collectively, the “Tax-Exempt Notes) that interest on the Tax-
Exempt Notes will be excluded from gross income for federal income tax purposes under
Section 103 of the Internal Revenue Code of 1986, as amended (the “Code”), and to satisfy the
public purposes for which the Tax-Exempt Notes are authorized to be issued under the Act, and
to satisfy the purposes of the Governmental Lender in determining to issue the Tax-Exempt
Notes, certain limits on the occupancy of units in the Project and the units in the Other Project
need to be established and certain other requirements need to be met.
A G R E E M E N T :
NOW, THEREFORE, in consideration of the issuance of the Funding Loan Notes by the
Governmental Lender and the mutual covenants and undertakings set forth herein, and other
good and valuable consideration, the receipt and sufficiency of which hereby are
acknowledged, the Governmental Lender and the Borrower hereby agree as follows:
Section 1. Definitions and Interpretation. Unless the context otherwise requires, the
capitalized terms used herein shall have the respective meanings assigned to them (a) in the
recitals hereto, (b) in this Section 1, (c) in the Funding Loan Agreement, dated as of September 1,
2016, between the Governmental Lender and MUFG Union Bank, N.A. (the “Bank”), as
amended and supplemented by the Funding Loan Modification Agreement, dated as of
December 1, 2017, between the Governmental Lender and the Bank (collectively, referred to
herein as the “Funding Loan Agreement”), or (d) in Section 1 of the Borrower Loan Agreement
(as defined in the Recitals to this Agreement).
“Adjusted Income” means the adjusted income of a person (together with the
adjusted income of all persons of the age of 18 years or older who intend to reside with
such person in one residential unit) as calculated in the manner prescribed pursuant to
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Section 8 of the Housing Law, or, if said Section 8 is terminated, as prescribed pursuant
to said Section 8 immediately prior to its termination or as otherwise required under
Section 142 of the Code and the Act.
“Administrator” means the Governmental Lender or any administrator or
program monitor appointed by the Governmental Lender to administer this Regulatory
Agreement, and any successor administrator appointed by the Governmental Lender.
“Affiliated Party” means (a) a person whose relationship with the Borrower
would result in a disallowance of losses under Section 267 or 707(b) of the Code, (b) a
person who together with the Borrower are members of the same controlled group of
corporations (as defined in Section 1563(a) of the Code, except that “more than 50
percent” shall be substituted for “at least 80 percent” each place it appears therein), (c) a
partnership and each of its partners (and their spouses and minor children) whose
relationship with the Borrower would result in a disallowance of losses under Section
267 or 707(b) of the Code, and (d) an S corporation and each of its shareholders (and
their spouses and minor children) whose relationship with the Borrower would result in
a disallowance of losses under Section 267 or 707(b) of the Code.
“Affordable Rents” means thirty percent (30%) of an amount equal to sixty
percent (60%) of the median gross income for the Area, adjusted for household size (as
described in the definition of “Lower Income Tenant” in this Section 1), less a utility
allowance calculated as set forth in U.S. Treasury Regulation Section 1.42-10.
“Area” means the metropolitan statistical area in which the Project and the Other
Project is located.
“Area Median Gross Income” means the median gross income for the Area, as
determined by the Secretary of the Treasury in a manner consistent with determination
of lower-income families and area median gross income under Section 8 of the Housing
Law and Section 3009a of the Housing and Economic Recovery Act of 2008, including
adjustments for family size or, if programs under Section 8 are terminated, area median
gross income determined under the method in effect immediately before such
termination.
“Borrower Loan Agreement” has the meaning given to such term in the first
Recital to this Regulatory Agreement.
“CDLAC” means the California Debt Limit Allocation Committee, or successor
thereto.
“CDLAC Resolution No. 17-____” means Resolution No. 17-____ adopted by
CDLAC on December __, 2017, with respect to the Projects, a copy of which is included
as Exhibit H hereto.
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“CDLAC Resolution No. 16-9” means Resolution No. 16-9 adopted by CDLAC
on March 16, 2016, with respect to the Projects, a copy of which is included as Exhibit G
hereto.
“CDLAC Resolutions” means, collectively, CDLAC Resolution No. 16-9 and
CDLAC Resolution No. 17-____.
“Certificate of Continuing Program Compliance” means the Certificate to be filed
by the Borrower with the Administrator, on behalf of the Governmental Lender, and the
Bank pursuant to Section 4(e) hereof, which shall be substantially in the form attached as
Exhibit F to this Regulatory Agreement, or in such other form as may be provided by the
Governmental Lender or the Administrator to the Borrower, or as otherwise approved
by the Governmental Lender.
“City” means the City of Walnut Creek, California.
“Closing Date” means September 23, 2016.
“Completion Certificate” means the certificate of completion of the construction
of the Projects required to be delivered to the Governmental Lender by the Borrower
pursuant to Section 2(i) of this Regulatory Agreement, which shall be substantially in the
form attached to this Regulatory Agreement as Exhibit C.
“Completion Date” means the date of completion of the acquisition and
construction of the Projects, as that date shall be certified as provided in Section 2(i) of
this Regulatory Agreement.
“Compliance Period” means the period beginning on the first day of the
Qualified Project Period and ending on the later of the end of the Qualified Project
Period or such later date as set forth in Section 7(c) of this Regulatory Agreement.
“County” means the County of Contra Costa, California.
“Equity Investor” means Wells Fargo Affordable Housing Community
Development Corporation.
“FOCUS Program” means (a) the FOCUS Compliance Verification Program
(user’s guide located at focus.housingcompliance.org) utilized by the Governmental
Lender to verify the Borrower’s compliance with various requirements of this
Regulatory Agreement and the Other Regulatory Agreement; or (b) any similar program
used by the Governmental Lender, in substitution for the program described in the
preceding clause (a), to verify the Borrower’s compliance with various requirements of
this Regulatory Agreement.
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“Funding Loan Agreement” means the Funding Loan Agreement, dated as of
September 1, 2016, between the County, as Governmental Lender and MUFG Union
Bank, N.A., as amended and supplemented by the First Modification Agreement, dated
December 1, 2017, between such parties, and as it may be further supplemented and
amended from time to time in accordance with its terms.
“Governmental Lender Annual Fee” means, for the period from the Closing Date
to but not including September 1, 2017, an amount equal to one-eighth of one percent
(1/8%) of the maximum principal amount of the Funding Loan; and, thereafter, on each
September 1 during the remainder of the Compliance Period, commencing September 1,
2017, an amount equal to the greater of (a) one-eighth of one percent of the then
outstanding principal amount of the Funding Loan, or (b) $5,000.
“Governmental Lender Issuance Fee” means (a) with respect to the Closing Date,
an amount equal to one-eighth of one percent (1/8%) of the maximum principal amount
of the Funding Loan as of the Closing Date; and (b) with respect to the Note D Closing
Date, an amount equal to one-eighth of one percent of the maximum principal amount
of Note D.
“Housing Law” means the United States Act of 1937, as amended, or its
successor.
“HUD” means the United States Department of Housing and Urban
Development, or any successor thereto.
“Inducement Date” means December 8, 2015, being the date of adoption by the
Board of Supervisors of the Governmental Lender of Resolution No. 2015/455
expressing the Governmental Lender’s intent to issue the Funding Loan Note to finance
costs of the Projects.
“Low Income Tenant” means individuals or families whose Adjusted Income
does not exceed sixty percent (60%) of Area Median Gross Income; provided, however,
that if all the occupants of a Low Income Unit are students (as defined in Section
152(f)(2) of the Code) who fail to be described in Section 42(i)(3)(D) of the Code, the
occupants of that Low Income Unit shall in no event be deemed to be “Low Income
Tenants.” The Adjusted Income of individuals and Area Median Gross Income shall be
determined by the Secretary of the Treasury in a manner consistent with determinations
of lower income families and Area Median Gross Income under Section 8 of the Housing
Law (or, if such program is terminated, under such program in effect immediately
before such termination). Determinations under the preceding sentence shall include
adjustments for family size as prescribed under Section 8 of the Housing Law.
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“Low Income Units” means the units in the Project and in the Other Project
required to be rented, or held available for occupancy by, Low Income Tenants pursuant
to Sections 4(a) and 6(a) hereof.
“Manager” means the property manager of the Project.
“Note D” means the County of Contra Costa Multifamily Housing Revenue Note
(Riviera Family Apartments), Series 2017D, evidenced by the Promissory Note D-1
(Multifamily Housing Back-to-Back Loan Program).
“Note D Closing Date” means the date Note D is provided to the Bank in
exchange for the purchase price of Note D, as contemplated by the Funding Loan
Agreement.
“Other Project” has the meaning given to such term in the Recitals to this
Regulatory Agreement.
“Other Regulatory Agreement” has the meaning given to such term in the
Recitals to this Regulatory Agreement.
“Project” means the rental housing units located on the real property site
described in Exhibit A hereto, and consisting of those facilities, including the Borrower’s
fee interest in the real property described in Exhibit A hereto, structures, buildings,
fixtures or equipment, as may at any time exist on such real property, the acquisition
and construction of which is to be financed, in whole or in part, from the proceeds of the
issuance of the Funding Loan Note or the proceeds of any payment by the Borrower
pursuant to the Borrower Loan Agreement, and any real property, structures, buildings,
fixtures or equipment acquired in substitution for, as a renewal or replacement of, or a
modification or improvement to, all or any part of such facilities. It is hereby
acknowledged that the terms “Project” or “Improvements” when used in the Borrower
Loan Agreement, means the “Project” as defined herein together with the “Other
Project,” as defined herein.
“Project Costs” means, to the extent authorized by the Code, the Regulations and
the Act, any and all costs incurred by the Borrower with respect to the acquisition and
construction of the Projects, whether paid or incurred prior to or after the Inducement
Date, including, without limitation, predevelopment interest expenses, costs for site
preparation, the planning of housing and related facilities and improvements, the
acquisition of property, the removal or demolition of existing structures, the
construction of housing and related facilities and improvements, and all other work in
connection therewith, and all costs of financing, including, without limitation, the cost of
consultant, accounting and legal services, other expenses necessary or incident to
determining the feasibility of the Projects, contractors’ and Borrower’s overhead and
supervisors’ fees and costs directly allocable to the Projects, administrative and other
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expenses necessary or incident to the Projects and the financing thereof (including
reimbursement to any municipality, county or entity for expenditures made for the
Project), and interest accrued during the construction period and prior to the
Completion Date.
“Projects” has the meaning given to such term in the Recitals to this Regulatory
Agreement.
“Qualified Project Costs” means Project Costs that meet each of the following
requirements: (a) the costs are properly chargeable to capital account (or would be so
chargeable with a proper election by the Borrower or but for a proper election by the
Borrower to deduct such costs) in accordance with general Federal income tax principles
and in accordance with United States Treasury Regulations §1.103-8(a)(1), provided,
however, that only such portion of interest accrued during acquisition and construction
of the Projects shall be eligible to be a Qualified Project Cost as is so capitalizable and as
bears the same ratio to all such interest as the Qualified Project Costs bear to all Project
Costs; and provided further that interest accruing after the date of completion of the
construction of the Projects shall not be a Qualified Project Cost; and provided still
further that if any portion of either of the Projects is being constructed by an Affiliated
Party (whether as a general contractor or a subcontractor), Qualified Project Costs shall
include only (i) the actual out-of-pocket costs incurred by such Affiliated Party in
constructing the Projects (or any portion thereof), (ii) any reasonable fees for supervisory
services actually rendered by the Affiliated Party, and (iii) any overhead expenses
incurred by the Affiliated Party which are directly attributable to the work performed on
the Projects, and shall not include, for example, intercompany profits resulting from
members of an affiliated group (within the meaning of Section 1504 of the Code)
participating in the acquisition or construction of the Projects or payments received by
such Affiliated Party due to early completion of the construction of one or both of the
Projects (or any portion thereof); (b) the costs are paid with respect to a qualified
residential rental project or projects within the meaning of Section 142(d) of the Code, (c)
the costs are paid after the earlier of 60 days prior to the Inducement Date or the date of
issue of the Tax-Exempt Notes, and (d) if the Project Costs were previously paid and are
to be reimbursed with proceeds of the Tax-Exempt Notes, such costs were (i) costs of
issuance of the Tax-Exempt Notes, (ii) preliminary capital expenditures (within the
meaning of United States Treasury Regulations §1.139-2(f)(2)) with respect to the
Projects (such as architectural, engineering and soil testing services) incurred before
commencement of acquisition or construction of the Projects that do not exceed twenty
percent (20%) of the issue price of the Tax-Exempt Notes (as defined in United States
Treasury Regulations §1.148-1), or (iii) were capital expenditures with respect to the
Projects that are reimbursed no later than eighteen (18) months after the later of the date
the expenditure was paid or the date the Projects are placed in service (but no later than
three (3) years after the expenditure is paid). Notwithstanding the foregoing, “Qualified
Project Costs” shall not include costs related to the acquisition or construction of any
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office or commercial space not functionally related to the dwelling units in the Project or
in the Other Project.
“Qualified Project Period” means the period beginning on the first date on which
at least ten percent (10%) of the units in each of the Project and the Other Project are first
occupied, and ending on the later of (a) the date which is 15 years after the date on
which at least fifty percent (50%) of the aggregate of the residential units in the Projects
are first occupied, (b) the first day on which no Tax-Exempt private activity bond issued
with respect to either of the Projects is outstanding, (c) the date on which any assistance
provided with respect to each of the Projects under Section 8 of the Housing Law
terminates, or (d) the date on which Tax-Exempt Notes are paid in full. For purposes of
clause (b), the term “private activity bond” has the meaning contemplated in Section
142(d)(2)(A)(ii) of the Code.
“Regulatory Agreement” means this Amended and Restated Regulatory
Agreement and Declaration of Restrictive Covenants, as it may be supplemented and
amended from time to time.
“Subordinate Lenders” has the meaning given to such term in the Borrower Loan
Agreement, and includes the City of Walnut Creek, California.
“Tax-Exempt” means with respect to interest on any obligations of a state or local
government, including the Tax-Exempt Notes, that such interest is excluded from gross
income for federal income tax purposes; provided, however, that: (a) such interest may
be included in gross income of any owner of a Tax-Exempt Note that is a “substantial
user” of the Project or a “related person” within the meaning of Section 147(a) of the
Code; and (b) such interest may be includable as an item of tax preference or otherwise
includable directly or indirectly for purposes of calculating other tax liabilities, including
any alternative minimum tax or environmental tax, under the Code.
“Tax-Exempt Notes” means, collectively, Notes C-1 and C-2, and Note D.
“Tax Counsel” has the meaning given to such term in the Funding Loan
Agreement.
“Transfer” means the conveyance, assignment, sale or other disposition of all or
any portion of the Project; and shall also include, without limitation to the foregoing, the
following: (a) an installment sales agreement wherein Borrower agrees to sell the Project
or any part thereof for a price to be paid in installments; and (b) an agreement by the
Borrower leasing all or a substantial part of the Project to one or more persons or entities
pursuant to a single or related transactions.
“Verification of Income” means a Verification of Income in the form attached as
Exhibit E to this Regulatory Agreement or in such other form as (a) is acceptable to the
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Governmental Lender, or (b) is promulgated by the California Tax Credit Allocation
Committee, so long as any such form contains the information needed to assure the
Project is in compliance with the requirements of Sections 4 and 6 of this Regulatory
Agreement.
Unless the context clearly requires otherwise, as used in this Regulatory Agreement,
words of any gender shall be construed to include each other gender when appropriate and
words of the singular number shall be construed to include the plural number, and vice versa,
when appropriate. The Regulatory Agreement and all the terms and provisions hereof shall be
construed to effectuate the purposes set forth herein and to sustain the validity hereof.
The titles and headings of the sections of this Regulatory Agreement have been inserted
for convenience of reference only, and are not to be considered a part hereof and shall not in
any way modify or restrict any of the terms or provisions hereof or be considered or given any
effect in construing this Regulatory Agreement or any provisions hereof or in ascertaining
intent, if any question of intent shall arise.
The parties to this Regulatory Agreement acknowledge that each party and their
respective counsel have participated in the drafting and revision of this Regulatory Agreement.
Accordingly, the parties agree that any rule of construction to the effect that ambiguities are to
be resolved against the drafting party shall not apply in the interpretation of this Regulatory
Agreement or any supplement or exhibit hereto.
Section 2. Representations, Covenants and Warranties of the Borrower. The Borrower
hereby represents, as of the date hereof, and covenants, warrants and agrees as follows:
(a) The statements made in the various certificates delivered by the Borrower to
the Governmental Lender or the Bank on the Closing Date are true and correct.
(b) The Borrower (and any person related to it within the meaning of Section
147(a)(2) of the Code) will not take or omit to take, as is applicable, any action if such
action or omission would in any way cause the proceeds of the Borrower Loan to be
applied in a manner contrary to the requirements of the Borrower Loan Agreement, this
Regulatory Agreement or the Other Regulatory Agreement.
(c) The Borrower will not knowingly take or permit, or omit to take or cause to be
taken, as is appropriate, any action that would adversely affect the exclusion from gross
income for federal income tax purposes of the interest on the Tax-Exempt Notes or the
exemption from California personal income taxation of the interest on the Funding Loan
Notes and, if it should take or permit, or omit to take or cause to be taken, any such
action, it will take all lawful actions necessary to rescind or correct such actions or
omissions promptly upon obtaining knowledge thereof.
(d) The Borrower will take such action or actions as may be necessary, in the
written opinion of Tax Counsel filed with the Governmental Lender, the Bank and the
Borrower, to comply fully with the Act, the Code and all applicable rules, rulings,
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policies, procedures, Regulations or other official statements promulgated, proposed or
made by the Department of the Treasury or the Internal Revenue Service to the extent
necessary to maintain the exclusion from gross income for federal income tax purposes
of interest on the Tax-Exempt Notes.
(e) The proceeds of the loan to the Borrower under the Borrower Loan
Agreement will be used to pay costs of the acquisition and construction of the Projects
and related costs. The commencement of the acquisition and construction by the
Borrower of the Project and the Other Project occurred after the date which was 60 days
prior to the Inducement Date. Within six months of the Closing Date, the Borrower
incurred a substantial binding obligation to expend proceeds of the Borrower Loan
pursuant to which the Borrower was obligated to expend at least five percent (5%) of
the maximum principal amount of the portion of the Borrower Loan funded with
proceeds of the Notes C-1 and C-2. Within six months of the Note D Closing Date, the
Borrower will have incurred a substantial binding obligation to expend proceeds of the
Borrower Loan pursuant to which the Borrower is obligated to expend at least five
percent (5%) of the principal amount of the portion of the Borrower Loan funded with
proceeds of Note D.
(f) The Borrower will proceed with due diligence to complete the acquisition and
construction of the Projects and the full expenditure of the proceeds of the Borrower
Loan. The Borrower reasonably expects to expend the full $19,200,000 authorized
principal amount of the Borrower Loan for Project Costs by February 20, 2019.
(g) The Borrower’s reasonable expectations respecting the total expenditure of
the proceeds of the portion of the Borrower Loan funded with proceeds of the Notes C-1
and C-2 have been accurately set forth in a certificate of the Borrower delivered to the
Governmental Lender on the Closing Date, and the Borrower’s reasonable expectations
respecting the total expenditure of the proceeds of the portion of the Borrower Loan
funded with proceeds of Note D have been accurately set forth in a certificate of the
Borrower delivered to the Governmental Lender on the Note D Closing Date. At all
times, the aggregate disbursements of the proceeds of the portion of the Borrower Loan
funded with proceeds of the Tax-Exempt Notes will have been applied to pay or to
reimburse the Borrower for the payment of Qualified Project Costs in an amount equal
to ninety-five percent (95%) or more of such disbursements, and less than twenty-five
percent (25%) of such disbursements shall have been used to pay for the acquisition of
land or an interest therein.
(h) The Borrower will not take or omit to take, as is applicable, any action if such
action or omission would in any way cause the proceeds from the Borrower Loan to be
applied in a manner contrary to the requirements of the Borrower Loan Agreement, this
Regulatory Agreement, the Other Regulatory Agreement, the Act or the Code.
(i) On or as soon as practicable after the Completion Date of the Projects, the
Borrower will submit to the Governmental Lender (with a copy to the Bank) a duly
executed and completed Completion Certificate. Only one Completion Certificate shall
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be prepared and filed with respect to this requirement and Section 2(i) of the Other
Regulatory Agreement.
(j) The Borrower acknowledges that the Governmental Lender may appoint an
Administrator other than the Governmental Lender to administer this Regulatory
Agreement and to monitor performance by the Borrower of the terms, provisions and
requirements hereof. In such event, the Borrower shall comply with any reasonable
request by the Governmental Lender or the Administrator to deliver to any such
Administrator, in addition to or instead of the Governmental Lender, any reports,
notices or other documents required to be delivered pursuant hereto, and to make the
Project and the books and records with respect thereto available for inspection by the
Administrator as an agent of the Governmental Lender.
(k) Within thirty (30) days after the date on which fifty percent (50%) of the
dwelling units in the Project and in the Other Project are first occupied, the Borrower
will submit to the Governmental Lender and the Bank, and will cause to be recorded in
the County Recorder’s office, a duly executed and completed Certificate as to
Commencement of Qualified Project Period in the form of Exhibit D hereto.
(l) Money on deposit in any fund or account in connection with the Borrower
Loan or the Funding Loan Notes, whether or not such money was derived from other
sources, shall not be used by or under the direction of the Borrower, in a manner which
would cause the Tax-Exempt Notes to be “arbitrage bonds” within the meaning of
Section 148 of the Code, and the Borrower specifically agrees that the investment of
money in any such fund shall be restricted as may be necessary to prevent the Tax-
Exempt Notes from being “arbitrage bonds” under the Code.
(m) All of the proceeds of the Funding Loan and earnings from the investment of
such proceeds will be used to pay costs of the Projects; and no more than two percent
(2%) of the proceeds of the Borrower Loan will be used to pay costs associated with the
issuance, execution and delivery of the Funding Loan Notes.
(n) No portion of the proceeds of the portion of the Borrower Loan shall be used
to provide any airplane, skybox or other private luxury box, health club facility, facility
primarily used for gambling, or store the principal business of which is the sale of
alcoholic beverages for consumption off premises. No portion of the proceeds of the
Borrower Loan shall be used for an office unless the office is located on the premises of
the facilities constituting the Project or the Other Project and unless not more than a de
minimis amount of the functions to be performed at such office is not related to the day-
to-day operations of the Project or the Other Project.
(o) The Borrower hereby incorporates herein, as if set forth in full herein, each of
the representations, covenants and warranties of the Borrower contained in the Tax
Certificate and the Note D Tax Certificate.
(p) The Borrower shall comply with all applicable requirements of Section
65863.10 of the California Government Code, including the requirements for providing
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notices in Sections (b), (c), (d) and (e) thereof, and with all applicable requirements of
Section 65863.11 of the California Government Code.
(q) The Borrower acknowledges, represents and warrants that it understands the
nature and structure of the transactions contemplated by this Regulatory Agreement
and the Other Regulatory Agreement; that it is familiar with the provisions of all of the
documents and instruments relating to the Funding Loan Notes and the Borrower Loan
Documents to which it is a party or of which it is a beneficiary; that it understands the
financial and legal risks inherent in such transactions; and that it has not relied on the
Governmental Lender for any guidance or expertise in analyzing the financial or other
consequences of such financing transactions or otherwise relied on the Governmental
Lender in any manner except to issue the Funding Loan Notes in order to provide funds
to assist the Borrower in acquiring and constructing the Projects.
(r) Notwithstanding the provisions of clause 2(c)(ix) of Exhibit C to the Borrower
Loan Agreement, and in addition thereto, the Borrower agrees to obtain a written report
from an independent firm with experience in calculating excess investment earnings for
purposes of Section 148(f) of the Code, not less than once on or about each five year
anniversary of the Closing Date and within thirty (30) days of the date the Tax-Exempt
Notes have been paid in full, determining that either (i) no excess investment earnings
subject to rebate to the federal government under Section 148(f) of the Code have arisen
with respect to the Tax-Exempt Notes in the prior five-year period (or, with respect to
the final such report following the repayment of the Tax-Exempt Notes, have arisen
since the last five-year report); or (ii) excess investment earnings have so arisen during
the prior five-year period (or, with respect to the final such report following the
repayment of the Tax-Exempt Notes, have arisen since the last five-year report), and
specifying the amount thereof that needs to be rebated to the federal government and
the date by which such amount needs to be so rebated. The Borrower shall provide a
copy of each report prepared in accordance with the preceding sentence to the
Governmental Lender, each time within one week of its receipt of the same from the
independent firm that prepared the respective report.
Section 3. Qualified Residential Rental Project. The Borrower hereby acknowledges and
agrees that the Project is to be constructed, owned, managed and operated as a “qualified
residential rental project” (within the meaning of Section 142(d) of the Code) for a term equal to
the Compliance Period. To that end, and for the term of this Regulatory Agreement, the
Borrower hereby represents, covenants, warrants and agrees as follows:
(a) The Project will be acquired, constructed and operated for the purpose of
providing multifamily residential rental property. The Borrower will construct, own,
manage and operate the Project as a project to provide multifamily residential rental
property comprised of a building or structure or several interrelated buildings or
structures, together with any functionally related and subordinate facilities, and no
other facilities, in accordance with Section 142(d) of the Code, Section 1.103-8(b) of the
Regulations and the provisions of the Act, and in accordance with such requirements as
may be imposed thereby on the Project from time to time.
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(b) All of the dwelling units in the Project are and will be similarly constructed
units, and each dwelling unit in the Project contains complete, separate and distinct
facilities for living, sleeping, eating, cooking and sanitation for a single person or a
household, including a sleeping area, bathing and sanitation facilities and cooking
facilities equipped with a cooking range, refrigerator and sink.
(c) None of the dwelling units in the Project will at any time be utilized on a
transient basis and the Borrower will not rent any of the units for a period of less than
thirty (30) consecutive days, and none of the dwelling units in the Project will at any
time be leased or rented for use as a hotel, motel, dormitory, fraternity house, sorority
house, rooming house, nursing home, hospital, sanitarium, rest home or trailer court or
park.
(d) No part of the Project will at any time during the Compliance Period be
owned by a cooperative housing corporation, nor shall the Borrower take any steps in
connection with a conversion to such ownership or use, and the Borrower will not take
any steps in connection with a conversion of the Project to condominium ownership
during the Compliance Period (except that the Borrower may obtain final map approval
and the Final Subdivision Public Report from the California Bureau of Real Estate and
may file a condominium plan with the City of Walnut Creek).
(e) All of the dwelling units in the Project will be available for rental during the
Compliance Period on a continuous basis to members of the general public, on a first-
come first-served basis, and the Borrower will not give preference to any particular class
or group in renting the dwelling units in the Project, except (i) not more than one unit
may be set aside for a resident manager or other administrative use, (ii) to the extent that
dwelling units are required to be leased or rented to Low Income Tenants hereunder,
and (iii) to the extent units in the Project are required to be leased pursuant to the
Extended Use Agreement, the City Restrictions, the County Restrictions, the Infill
Restrictions, the AHSC Grant Restrictions, the AHSC Permanent Loan Restrictions, the
HAP Contract and the Tax Credit Allocation Documents, as such terms are defined in
the Borrow Loan Agreement.
(f) The Project site consists of a parcel or parcels that are contiguous except for
the interposition of a road, street or stream, and all of the facilities of the Project
comprise a single geographically and functionally integrated project for residential
rental property, as evidenced by the ownership, management, accounting and operation
of the Project.
(g) The Borrower shall not discriminate on the basis of race, creed, color, sex,
source of income (e.g. AFDC, SSI), physical disability, age (except as may be required
under any of the documents described in Section 3(e)(iii)), national origin or marital
status in the rental, lease, use or occupancy of the Project or in connection with the
employment or application for employment of persons for the operation and
management of the Project.
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(h) No dwelling unit in the Project shall be occupied by the Borrower.
Notwithstanding the foregoing, if the Project contains five or more dwelling units, this
subsection shall not be construed to prohibit occupancy of dwelling units by one or
more resident managers or maintenance personnel any of whom may be the Borrower;
provided that the number of such managers or maintenance personnel is not
unreasonable given industry standards in the area for the number of dwelling units in
the Project.
(i) The Borrower will not sell dwelling units within the Project.
(j) In accordance with Section 147(b) of the Code, the average maturity of the
Tax-Exempt Notes does not exceed 120% of the average reasonably expected remaining
economic life of the facilities being financed by the Tax-Exempt Notes.
(k) Should involuntary noncompliance with the provisions of Section 1.103-8(b)
of the Regulations be caused by fire, seizure, requisition, foreclosure, transfer of title by
deed in lieu of foreclosure, change in a federal law or an action of a federal agency after
the Closing Date which prevents the Governmental Lender from enforcing the
requirements of the applicable Regulations, or condemnation or similar event, the
Borrower covenants that, within a “reasonable period” determined in accordance with
the applicable Regulations, it will either prepay the Borrower Loan or, if permitted
under the provisions of the Borrower Loan Agreement, apply any proceeds received as a
result of any of the preceding events to reconstruct the Project to meet the requirements
of Section 142(d) of the Code and the applicable Regulations.
The Governmental Lender hereby elects to have each of the Projects meet the
requirements of Section 142(d)(1)(B) of the Code.
Section 4. Low Income Tenants; Reporting Requirements. Pursuant to the requirements
of the Code, the Borrower hereby represents, warrants and covenants as follows:
(a) During the Compliance Period, not less than forty percent (40%) of the units
in the Project, and not less than forty percent (40%) of the units in the Other Project, will
be occupied by, or held vacant and available for occupancy by, Low Income Tenants.
For the purposes of this paragraph (a), a vacant unit which was most recently occupied
by a Low Income Tenant is treated as rented and occupied by a Low Income Tenant
until reoccupied, other than for a temporary period of not more than 31 days, at which
time the character of such unit shall be redetermined.
(b) No tenant qualifying as a Low Income Tenant shall be denied continued
occupancy of a unit in the Project or in the Other Project because, after admission, such
tenant’s Adjusted Income increases to exceed the qualifying limit for Low Income
Tenants. However, should a Low Income Tenant’s Adjusted Income, as of the most
recent determination thereof, exceed one hundred forty percent (140%) of the applicable
income limit for a Low Income Tenant of the same household size, the next available
unit of comparable or smaller size in the same building (within the meaning of Section
42 of the Code) must be rented to (or held vacant and available for immediate occupancy
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by) a Low Income Tenant. Until such next available unit is rented to a Low Income
Tenant, the former Low Income Tenant who has ceased to qualify as such shall be
deemed to continue to be a Low Income Tenant for purposes of the Low Income Unit
requirements of Section 4(a) hereof (but shall not be so deemed to continue to be a Low
Income Tenant upon the rental of an available unit of comparable or smaller size to a
tenant who is not a Low Income Tenant).
(c) For the Compliance Period, the Borrower will obtain, complete, and maintain
on file Verification of Income certifications for each Low Income Tenant, including (i) a
Verification of Income dated immediately prior to the initial occupancy of such Low
Income Tenant in the Project or in the Other Project, and (ii) thereafter, an annual
Verification of Income with respect to each Low Income Tenant within thirty days before
or after the anniversary of such tenant’s initial occupancy of a unit in the Project or in the
Other Project. In lieu of obtaining an annual Verification of Income, the Borrower may,
with respect to any particular twelve-month period ending June 1 of each year, deliver
to the Administrator no later than fifteen (15) days after such date, a certification that as
of the respective June 1, no Low Income Unit in the Project or in the Other Project was
occupied within the preceding twelve (12) months by a new resident whose income
exceeded the limit applicable to Low Income Tenants upon admission to the Project or
the Other Project. The Administrator may at any time and in its sole and absolute
discretion notify the Borrower in writing that it will no longer accept certifications of the
Borrower made pursuant to the preceding sentence and that the Borrower will thereafter
be required to obtain annual Verifications of Income for tenants.
The Borrower also will provide such additional information as may be required
in the future by the State of California, by the Governmental Lender, by CDLAC and by
the Code, as the same may be amended from time to time, or in such other form and
manner as may be required by applicable rules, rulings, policies, procedures,
Regulations or other official statements now or hereafter promulgated, proposed or
made by the Department of the Treasury or the Internal Revenue Service with respect to
Tax-Exempt obligations. Upon request of the Administrator or the Governmental
Lender, copies of Verification of Income for Low Income Tenants commencing or
continuing occupation of a Low Income Unit shall be submitted to the Administrator or
the Governmental Lender, as requested.
The Borrower shall make a good faith effort to verify that the income information
provided by an applicant in a Verification of Income is accurate by taking one or more of
the following steps as a part of the verification process: (1) obtain a pay stub for the most
recent pay period, (2) obtain an income tax return for the most recent tax year, (3) obtain
a credit report or conduct a similar type credit search, (4) obtain an income verification
from the applicant’s current employer, (5) obtain an income verification from the Social
Security Administration and/or the California Department of Social Services if the
applicant receives assistance from either of such agencies, or (6) if the applicant is
unemployed and does not have an income tax return, obtain another form of
independent verification reasonably acceptable to the Administrator.
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(d) The Borrower will maintain complete and accurate records pertaining to the
Low Income Units and will permit any duly authorized representative of the
Governmental Lender, the Administrator, the Bank, the Department of the Treasury or
the Internal Revenue Service to inspect the books and records of the Borrower pertaining
to the Project and the Other Project, including those records pertaining to the occupancy
of the Low Income Units.
(e) The Borrower will prepare and submit to the Administrator, not less than
semiannually commencing not less than six months after the Closing Date, during the
Compliance Period rent rolls and other information required by the FOCUS Program as
applicable to the Project and the Other Project. The Borrower will also prepare and
submit to the Administrator, not less than semiannually commencing not less than six
months after the Closing Date, during the Compliance Period to the Administrator (with
a copy to the Bank), a Certificate of Continuing Program Compliance executed by the
Borrower stating (i) the percentage of the aggregate of the dwelling units in the Project
and in the Other Project which were occupied or deemed occupied, pursuant to
subsection (a) hereof, by Low Income Tenants during the preceding applicable quarterly
period; and (ii) that either (A) no unremedied default has occurred under this
Regulatory Agreement or the Other Regulatory Agreement, or (B) a default has
occurred, in which event the certificate shall describe the nature of the default in detail
and set forth the measures being taken by the Borrower to remedy such default.
During the Qualified Project Period, the Borrower shall submit a completed
Internal Revenue Code Form 8703 or such other annual certification as required by the
Code with respect to the Project and the Other Project, to the Secretary of the Treasury
on or before March 31 of each year (or such other date as may be required by the Code).
(f) For the Compliance Period, all tenant leases or rental agreements shall be
subordinate to this Regulatory Agreement. All leases pertaining to Low Income Units
shall contain clauses, among others, wherein each tenant who occupies a Low Income
Unit: (i) certifies the accuracy of the statements made in the Verification of Income; (ii)
agrees that the household income and other eligibility requirements shall be deemed
substantial and material obligations of the tenancy of such tenant, that such tenant will
comply promptly with all requests for information with respect thereto from the
Borrower, the Bank or the Administrator on behalf of the Governmental Lender, and
that the failure to provide accurate information in the Verification of Income or refusal
to comply with a request for information with respect thereto shall be deemed a
violation of a substantial obligation of the tenancy of such tenant; (iii) acknowledges that
the Borrower has relied on the Verification of Income and supporting information
supplied by the Low Income Tenant in determining qualification for occupancy of the
Low Income Unit and that any material misstatement in such certification (whether or
not intentional) will be cause for immediate termination of such lease or rental
agreement; and (iv) agrees that the tenant’s income is subject to annual certification in
accordance with Section 4(c) hereof and that if upon any such certification such tenant’s
Adjusted Income exceeds the applicable Low Income Tenant income limit under Section
4(b), such tenant may cease to qualify as a Low Income Tenant, and such tenant’s rent is
subject to increase.
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For purposes of this Section 4, no unit occupied by a residential manager shall be treated
as a rental unit during the time of such occupation.
Section 4A. Additional Requirements of the Governmental Lender. In addition to the
requirements set forth elsewhere in this Regulatory Agreement and to the extent not prohibited
by the requirements set forth in Sections 4, 5 and 6 hereof, the Borrower hereby agrees to
comply with each of the requirements of the Governmental Lender set forth in this Section 4A,
as follows:
(a) All tenant lists, applications and waiting lists relating to the Project shall at all
times be kept separate and identifiable from any other business of the Borrower and
shall be maintained as required by the Governmental Lender, in a reasonable condition
for proper audit and subject to examination upon reasonable notice (which need not be
in excess of three Business Days, as defined in the Funding Loan Agreement) and during
business hours by representatives of the Governmental Lender.
(b) The Borrower shall not discriminate on the basis of race, creed, color, religion,
sex, sexual orientation, marital status, national origin, source of income (e.g. AFDC and
SSI), ancestry or handicap in the lease, use or occupancy of the Project (except as
required to comply with Section 3(e)(iii)), or in connection with the employment or
application for employment of persons for the construction, operation, or management
of the Project.
(c) The Borrower shall not, at initial occupancy, permit occupancy in any unit in
the Project by more than (i) two persons per bedroom in the unit, plus (ii) one person;
and the Borrower shall at all times offer for rent the largest unit then available for the
applicable household size (being one bedroom units for 2-3 person households, and two
bedroom units for 4-5 person households). The foregoing, however, shall not apply to
three units in the Project occupied by resident managers.
(d) The Borrower shall pay directly to the Governmental Lender (i) on the
Closing Date the applicable Governmental Lender Issuance Fee and the Governmental
Lender Annual Fee for the period from the Closing Date to but not including September
1, 2017, (ii) on the Note D Closing Date the applicable Governmental Lender Issuance
Fee, and (iii) on each September 1, on and after September 1, 2017, during the
Compliance Period, the Governmental Lender Annual Fee; without in either case any
requirement for notice or billing of the amount due. Notwithstanding the foregoing,
only one of each of the applicable Governmental Lender Issuance Fees, and annually
only one Governmental Lender Annual Fee, shall be payable under this Regulatory
Agreement and the Other Regulatory Agreement.
In addition to the foregoing, the Borrower shall pay to the Governmental Lender
promptly following receipt of an invoice that reasonably identifies the relevant expenses
and the amounts thereof, any out of pocket expenses incurred by the Governmental
Lender in connection with the Funding Loan Notes, the Funding Loan Agreement, this
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Regulatory Agreement, the Other Regulatory Agreement or the Borrower Loan
Agreement, including but not limited to any costs related to the FOCUS Program.
(e) The rent limits set forth in Sections 6(b) and 6(f) shall apply to all Low Income
Units. In addition, the rental payments paid by Low Income Tenants for the Low
Income Units shall not exceed Affordable Rents.
(f) The Borrower will accept as tenants, on the same basis as all other prospective
tenants, persons who are recipients of federal certificates for rent subsidies pursuant to
the existing program under Section 8 of the Housing Law, or its successor. The Borrower
shall not apply selection criteria to Section 8 certificate or voucher holders that is more
burdensome than criteria applied to all other prospective tenants, nor shall the Borrower
apply or permit the application of management policies or lease provisions with respect
to the Project which have the effect of precluding occupancy of units by such
prospective tenants.
(g) The Borrower shall submit to the Governmental Lender: (i) rent rolls and
other information required by the FOCUS Program on a quarterly basis, and (ii) within
fifteen (15) days after receipt of a written request, any other information or completed
forms requested by the Governmental Lender in order to comply with reporting
requirements of the Internal Revenue Service or the State.
(h) The Borrower shall pay to the Governmental Lender, to the extent not paid
pursuant to the Borrower Loan Agreement or the Funding Loan Agreement, all of the
amounts required by Section 2(b) of Exhibit C to (and otherwise under) the Borrower
Loan Agreement and shall indemnify the Governmental Lender as provided in Section 9
hereof.
(i) The Governmental Lender may, at its option and at its expense, at any time
appoint an Administrator to administer this Regulatory Agreement or any provision
hereof and to monitor performance by the Borrower of all or of any of the terms,
provisions and requirements hereof. Following any such appointment, the Borrower
shall comply with any request by the Governmental Lender to deliver to such
Administrator, in addition to or instead of the Governmental Lender, any reports,
notices or other documents required to be delivered pursuant hereto, and to make the
Project and the books and records with respect thereto available for inspection by such
administrator as an agent of the Governmental Lender.
(j) The Borrower shall submit its written management policies with respect to the
Project, if any, to the Governmental Lender for its review, and shall amend such policies
in any way necessary to insure that such policies comply with the provisions of this
Regulatory Agreement and the requirements of the existing program under Section 8 of
the Housing Law, or its successors. The Borrower shall not promulgate management
policies which conflict with the provisions of the addendum to the form of lease for the
Project prepared by the Housing Authority of Contra Costa County, and shall attach
such addendum to leases for tenants which are holders of Section 8 certificates.
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(k) The Borrower shall screen and select tenants for desirability and
creditworthiness at its discretion; provided, however, that the Borrower shall consider a
prospective tenant’s rent history for at least the one year period prior to application as
evidence of the tenant’s ability to pay the applicable rent.
(l) At least six months prior to the expiration of the Qualified Project Period the
Borrower shall provide by first-class mail, postage prepaid, a notice to all tenants in the
Low Income Units containing (i) the anticipated date of the expiration of the Qualified
Project Period, (ii) any anticipated rent increase upon the expiration of the Qualified
Project Period, (iii) a statement that a copy of such notice will be sent to the
Governmental Lender, and (iv) a statement that a public hearing may be held by the
Governmental Lender on the issue and that the tenant will receive notice of the hearing
at least fifteen (15) days in advance of any such hearing. The Borrower shall also file a
copy of the above-described notice with the Community Development Bond Program
Manager of the Department of Conservation and Development of the Governmental
Lender.
(m) Notwithstanding Section 1461 of the Civil Code, the provisions of this
Section shall run with land and may be enforced either in law or in equity by any
resident, local agency, entity, or by any other person adversely affected by the
Borrower’s failure to comply with the provisions of this Section.
(n) The Borrower shall not participate in any refunding of any of the Funding
Loan Notes or the Funding Loan by means of the issuance of bonds or other obligations
by any governmental body other than the Governmental Lender.
(o) Each of the requirements of Sections 3, 4, 6 and 7 hereof is hereby
incorporated as a specific requirement of the Governmental Lender, whether or not
required by California or federal law.
(p) The requirements of Section 6 and this Section 4A shall be in effect for the
Qualified Project Period.
Any of the foregoing requirements of the Governmental Lender contained in this Section
4A may be expressly waived by the Governmental Lender in writing, but (i) no waiver by the
Governmental Lender of any requirement of this Section 4A shall, or shall be deemed to, extend
to or affect any other provision of this Regulatory Agreement except to the extent the
Governmental Lender has received an opinion of Tax Counsel that any such provision is not
required by the Act and may be waived without adversely affecting the exclusion from gross
income of interest on the Tax-Exempt Notes for federal income tax purposes; and (ii) any
requirement of this Section 4A shall be void and of no force and effect if the Governmental
Lender and the Borrower receive a written opinion of Tax Counsel to the effect that compliance
with any such requirement would cause interest on the Tax-Exempt Notes to cease to be Tax-
Exempt or to the effect that compliance with such requirement would be in conflict with the Act
or any other State or federal law.
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Section 5. Tax-Exempt Status of the Tax-Exempt Notes. The Borrower and the
Governmental Lender, as applicable, each hereby represents, warrants and agrees as follows:
(a) The Borrower and the Governmental Lender will not knowingly take or
permit, or omit to take or cause to be taken, as is appropriate, any action that would
adversely affect the Tax-Exempt nature of the interest on the Tax-Exempt Notes and, if
either of them should take or permit, or omit to take or cause to be taken, any such
action, it will take all lawful actions necessary to rescind or correct such actions or
omissions promptly upon obtaining knowledge thereof.
(b) The Borrower and the Governmental Lender will file of record such
documents and take such other steps as are necessary, in the written opinion of Tax
Counsel filed with the Borrower, the Governmental Lender and the Bank, in order to
insure that the requirements and restrictions of this Regulatory Agreement will be
binding upon all owners of the Project, and the requirements and restrictions of the
Other Regulatory Agreement will be binding upon all owners of the Other Project,
including, but not limited to, the execution and recordation of this Regulatory
Agreement in the real property records of the County.
Section 6. Additional Requirements of the Act. In addition to the requirements set forth
elsewhere in this Regulatory Agreement, so long as any of the Funding Loan Notes are
outstanding the Borrower hereby agrees to comply with each of the requirements of the Act
applicable to the Project. Without limiting the foregoing, the Borrower agrees as follows:
(a) As provided in Section 52080(a)(1)(B) of the Act, forty percent (40%) or more
of the aggregate of the completed residential units in the Project shall be occupied by, or
held vacant and available for occupancy by, lower income tenants within the meaning of
Section 52080(a)(1) of the Act (it being acknowledged that units required to be set aside
for Low Income Tenants pursuant to Section 4(a) may be counted for purposes of
satisfying the requirements of this Section 6(a) if the related Low Income Tenants
otherwise satisfy the requirements of this Section 6(a)).
(b) The rental payments paid by the occupants of the units described in
paragraph (a) of this Section (excluding any supplemental rental assistance from the
state, the federal government, or any other public agency to those occupants or on behalf
of those units) shall not exceed thirty percent of sixty percent (60%) of area median
income.
(c) The Borrower shall accept as tenants, on the same basis as all other
prospective tenants, Low Income Tenants who are recipients of federal certificates or
vouchers for rent subsidies pursuant to the existing program under Section 8 of the
Housing Law. The selection criteria applied to certificate holders under Section 8 of the
Housing Law shall not be more burdensome than the criteria applied to all other
prospective tenants.
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(d) The Borrower shall ensure that units occupied as required by paragraph (a) of
this Section are of comparable quality and offer a range of sizes and number of
bedrooms comparable to those units which are available to other tenants.
(e) As provided in Section 52080(e) of the Act, the Project may be syndicated after
prior written approval of the Governmental Lender. The Governmental Lender shall
grant that approval only after it determines that the terms and conditions of the
syndication (1) shall not reduce or limit any of the requirements of the Act or regulations
adopted or documents executed pursuant to the Act, (2) shall not cause any of the
requirements in this Agreement to be subordinated to the syndication agreement, or (3)
shall not result in the provision of fewer assisted units, or the reduction of any benefits
or services, than were in existence prior to the syndication agreement. The
Governmental Lender hereby acknowledges that this Section 6(e) does not apply to the
syndication of federal tax credits for the Project as contemplated by the Borrower’s
partnership agreement.
(f) Following the expiration or termination of the Qualified Project Period, except
in the event of foreclosure and payment in full of the Funding Loan Notes, deed in lieu
of foreclosure, eminent domain, or action of a federal agency preventing enforcement,
units required to be reserved for occupancy pursuant to Section 6(a) shall remain
available to any eligible household occupying a reserved unit at the date of such
expiration or termination, at a rent not greater than the amount required by Section 6(b),
until the earliest of any of the following occur:
(1) The household’s income exceeds one hundred-forty percent (140%) of
the maximum eligible income specified in Section 6(a).
(2) The household voluntarily moves or is evicted for “good cause.”
“Good cause” for the purposes of this section means the nonpayment of rent or
allegation of facts necessary to prove major, or repeated minor, violations of
material provisions of the occupancy agreement which detrimentally affect the
health, safety, occupancy or quiet enjoyment of other persons or the structure,
the fiscal integrity of the Project, or the purposes or special programs of the
Project.
(3) Thirty years after the date of commencement of the Qualified Project
Period.
(4) The Borrower pays the relocation assistance and benefits to tenants as
provided in subdivision (b) of Section 7264 of the Government Code.
(g) Except in the event of foreclosure and prepayment in full of the Funding Loan
Notes, deed in lieu of foreclosure, eminent domain, or action of a federal agency
preventing enforcement, during the three years prior to expiration of the Qualified
Project Period, the Borrower shall continue to make available to eligible households
reserved units that have been vacated to the same extent that nonreserved units are
made available to noneligible households.
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(h) This Section shall not be construed to require the Governmental Lender to
monitor the Borrower’s compliance with the provisions of paragraph (f), or that the
Governmental Lender shall have any liability whatsoever in the event of the failure by
the Borrower to comply with any of the provisions of this Agreement.
(i) The covenants and conditions of this Regulatory Agreement shall be binding
upon successors in interest of the Borrower.
(j) This Regulatory Agreement shall be recorded in the office of the county
recorder of the County, and shall be recorded in the grantor-grantee index to the names
of the Borrower as grantor and to the name of the Governmental Lender as grantee.
Section 7. CDLAC Requirements. In addition to other requirements set forth herein and
to the extent not prohibited by the requirements set forth in Sections 4, 4A, 5 and 6 hereof, the
Borrower hereby agrees to comply with each of the requirements of CDLAC set forth in this
Section 7, as follows:
(a) The Borrower shall comply with the CDLAC Resolutions attached hereto as
Exhibits G and H and the CDLAC Conditions set forth in Exhibits A thereto
(collectively, the “CDLAC Conditions”), which conditions are incorporated herein by
reference and made a part hereof. The Borrower will prepare and submit to the
Governmental Lender, not later than February 1 of each year, until the Projects are
completed, and on February 1 every three years thereafter until the end of the
Compliance Period, a Certificate of Compliance 11 for Qualified Residential Rental
Projects, in substantially the form required or otherwise provided by CDLAC from time
to time, executed by an authorized representative of the Borrower. Such Certificate of
Compliance 11 for Qualified Residential Rental Projects shall be shall be prepared
pursuant to the terms of the CDLAC Conditions. Additionally, the Borrower will
prepare and submit to the Governmental Lender, a Certificate of Completion, in
substantially the form required or otherwise provided by CDLAC from time to time,
executed by an authorized representative of the Borrower certifying among other things
to the substantial completion of the construction of the Project. Compliance with the
terms of the CDLAC Conditions not contained within this Regulatory Agreement, but
referred to in the CDLAC Conditions are the responsibility of the Borrower to report to
the Governmental Lender.
(b) The Borrower acknowledges that the Governmental Lender and the
Administrator will monitor or cause to be monitored the Borrower’s compliance with
the terms of the CDLAC Conditions. The Borrower acknowledges that the
Governmental Lender will prepare and submit to CDLAC, not later than March 1 of
each year until the construction of the Projects are completed, and on March 1 of every
three years thereafter until the end of the Compliance Period, a Self-Certification
Certificate in the form provided by CDLAC. The Borrower will cooperate fully with the
Governmental Lender in connection with such monitoring and reporting requirements.
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(c) Except as otherwise provided in Section 13 of this Regulatory Agreement,
this Regulatory Agreement shall terminate on the date 55 years after the date on which
at least fifty percent (50%) of the units in the Projects are first occupied or otherwise after
the commencement of the Qualified Project Period.
(d) The Borrower shall notify CDLAC in writing of: (i) any change in ownership
of the Project, (ii) any change in the Governmental Lender, (iii) any change in the name
of the Project or the Manager; (iv) any material default under the Funding Loan
Agreement, the Borrower Loan Agreement or this Regulatory Agreement, including, but
not limited to, such defaults associated with the Tax-Exempt status of the Tax-Exempt
Notes, and the income and rental requirements as provided in Sections 4 and 6 hereof
and the CDLAC Conditions; or (v) termination of this Regulatory Agreement.
(e) CDLAC shall have the right, but not the obligation, to deliver revised
CDLAC Conditions to the Borrower after the Note D Closing Date at any time that are
not more restrictive than the original CDLAC conditions; provided however, that, with
the prior written consent of the Bank, which will not be unreasonably withheld: (i) any
changes in the terms and conditions of the CDLAC Conditions prior to the recordation
against the Project in the real property records of the County of a regulatory agreement
between Owner and the California Tax Credit Allocation Committee (“TCAC
Regulatory Agreement”) shall be limited to such changes as are necessary to correct any
factual errors or to otherwise conform the CDLAC Conditions to any change in facts or
circumstances applicable to the Borrower or the Project; and (ii) after recordation of the
TCAC Regulatory Agreement, any changes in the terms and conditions of the CDLAC
Conditions shall be limited to such changes as are necessary to conform Items 1, 6, 7, 10,
11, 12, 14, 15, 16, 18, 19, 20, 21, 22, 23, 24, 25, 26 and/or 37 of Exhibit A to the CDLAC
Conditions as specified in CDLAC Resolution No. 17-____, to any change in such terms
and conditions requested by Borrower and approved by CDLAC. The Borrower shall
record or cause to be recorded in the real property records of the County an amendment
to this Regulatory Agreement containing such revised CDLAC Conditions, executed by
the parties hereto or their successor in title and pay any expenses in connection
therewith. The Borrower shall provide CDLAC with a copy of that recorded amendment
relecting the revised CDLAC Conditions.
Any of the foregoing requirements of the CDLAC contained in this Section 29 may be
expressly waived by CDLAC, in its sole discretion, in writing, but (i) no waiver by CDLAC of
any requirement of this Section 7 shall, or shall be deemed to, extend to or affect any other
provision of this Regulatory Agreement except to the extent the Governmental Lender has
received an opinion of Tax Counsel that any such provision is not required by the Act or the
Code and may be waived without adversely affecting the exclusion from gross income of
interest on the Tax-Exempt Notes for federal income tax purposes; and (ii) any requirement of
this Section 7 shall be void and of no force and effect if the Governmental Lender and the
Borrower receive a written opinion of Tax Counsel to the effect that compliance with any such
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requirement would cause interest on the Tax-Exempt Notes to cease to be Tax-Exempt or to the
effect that compliance with such requirement would be in conflict with the Act, the Code or any
other State or federal law.
Section 8. Modification of Covenants. The Borrower and the Governmental Lender
hereby agree as follows:
(a) To the extent any amendments to the Act, the CDLAC Conditions, the
Regulations or the Code shall, in the written opinion of Tax Counsel filed with the
Governmental Lender, the Bank and the Borrower, impose requirements upon the
ownership or operation of the Project or of the Other Project more restrictive than those
imposed by this Regulatory Agreement, and if such requirements are applicable to the
Project, this Regulatory Agreement shall be deemed to be automatically amended to
impose such additional or more restrictive requirements.
(b) To the extent that the Act, the CDLAC Conditions, the Regulations or the
Code, or any amendments thereto, shall, in the written opinion of Tax Counsel filed with
the Governmental Lender, the Bank and the Borrower, impose requirements upon the
ownership or operation of the Project or of the Other Project less restrictive than
imposed by this Regulatory Agreement, this Regulatory Agreement may be amended or
modified to provide such less restrictive requirements, but only by written amendment
signed by the Governmental Lender, in its sole discretion, and the Borrower, and only
upon receipt by the Governmental Lender of the written opinion of Tax Counsel to the
effect that such amendment will not affect the Tax-Exempt status of interest on the Tax-
Exempt Notes or violate the requirements of the Act, and is otherwise in accordance
with Section 22 hereof. In no event, however, shall any amendment to Section 31
adversely affect the interests of the City of Walnut Creek without the prior written
consent of the City of Walnut Creek.
(c) The Borrower and the Governmental Lender shall execute, deliver and, if
applicable, file of record any and all documents and instruments necessary to effectuate
the intent of this Section 8, and each of the Borrower and the Governmental Lender
hereby appoints the Bank as its true and lawful attorney-in-fact to execute, deliver and,
if applicable, file of record on behalf of the Borrower or the Governmental Lender, as is
applicable, any such document or instrument (in such form as may be approved by Tax
Counsel, as evidenced by receipt of the opinion required by paragraph (b) above) if
either the Borrower or the Governmental Lender defaults in the performance of its
obligations under this subsection (c); provided, however, that unless directed in writing
by the Governmental Lender or the Borrower, the Bank shall take no action under this
subsection (c) without first notifying the Borrower or the Governmental Lender, or both
of them, as is applicable, and without first providing the Borrower or the Governmental
Lender, or both, as is applicable, an opportunity to comply with the requirements of this
Section 8. Nothing in this subsection (c) shall be construed to allow the Bank to execute
an amendment to this Regulatory Agreement on behalf of the Governmental Lender.
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Notwithstanding any other provision of this Regulatory Agreement, whenever an
opinion of Tax Counsel is required or requested to be delivered hereunder after the Closing
Date, the Bank, the Governmental Lender and the Borrower shall accept (unless otherwise
directed in writing by the Governmental Lender) an opinion of Tax Counsel in such form and
with such disclaimers as may be required so that such opinion will not be treated as a “covered
opinion” for purposes of the Treasury Department regulations governing practice before the
Internal Revenue Service (Circular 230), 31 CFR Part 10.
Section 9. Indemnification.
(a) To the fullest extent permitted by law, the Borrower agrees to indemnify, hold
harmless and defend the Governmental Lender, the Bank, the Administrator and each of their
respective past, present and future officers, members of the Governmental Lender’s Board of
Supervisors, directors, officials, employees and agents (collectively, the “Indemnified Parties”),
against any and all losses, damages, claims, actions, liabilities, costs and expenses of any
conceivable nature, kind or character (including, without limitation, reasonable attorneys’ fees,
litigation and court costs, amounts paid in settlement and amounts paid to discharge
judgments) to which the Indemnified Parties, or any of them, may become subject under any
statutory law (including federal or state securities laws) or at common law or otherwise, arising
out of or based upon or in any way relating to:
(i) the Funding Loan Notes, the Funding Loan Agreement, the Funding Loan, the
Borrower Loan Agreement, the Borrower Loan, this Regulatory Agreement, the Other
Regulatory Agreement or the execution or amendment hereof or thereof or in connection
with transactions contemplated hereby or thereby, including the issuance, sale or resale
of any of the Funding Loan Notes or any interest therein;
(ii) any act or omission of the Borrower or any of its agents, contractors, servants,
employees, tenants or licensees in connection with the Project or the Other Project, the
operation of the Project or the Other Project, or the condition, environmental or
otherwise, occupancy, use, possession, conduct or management of work done in or
about, or from the planning, design, acquisition, installation or construction of, the
Project or the Other Project or any part of either thereof;
(iii) any lien or charge upon payments by the Borrower to the Governmental
Lender and the Bank hereunder or under the Borrower Loan Agreement, or any taxes
(including, without limitation, all ad valorem taxes and sales taxes), assessments,
impositions and other charges imposed on the Governmental Lender in respect of any
portion of the Projector of the Other Project;
(iv) any violation of the provisions of Exhibit C to the Borrower Loan Agreement;
(v) the defeasance and/or prepayment, in whole or in part, of any of the Funding
Loan Notes;
(vi) any untrue statement or misleading statement or alleged untrue statement or
alleged misleading statement of a material fact contained in any offering statement or
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disclosure or continuing disclosure document for any Funding Loan Note or any of the
documents relating to any Funding Loan Note, or any omission or alleged omission
from any offering statement or disclosure or continuing disclosure document for any of
the Funding Loan Notes of any material fact necessary to be stated therein in order to
make the statements made therein, in the light of the circumstances under which they
were made, not misleading;
(vii) any declaration of taxability of interest on either of the Tax-Exempt Notes, or
allegations that interest on a Tax-Exempt Note is taxable or any regulatory audit or
inquiry regarding whether interest on a Tax-Exempt Note is taxable; or
(viii) the Bank’s administration of the Borrower Loan Documents, or the exercise
or performance of any of its powers or duties thereunder or under any of the Funding
Loan Documents;
except (A) in the case of the foregoing indemnification of the Bank or any of its respective
officers, directors, officials, employees and agents, to the extent such damages are caused by the
gross negligence or willful misconduct of an Indemnified Party; or (B) in the case of the
foregoing indemnification of the Governmental Lender or any of its officers, members of its
Board of Supervisors, officials, employees and agents, to the extent, with respect to any such
Indemnified Party, such damages are caused by the willful misconduct of the respective
Indemnified Party seeking indemnification. In the event that any action or proceeding is
brought against any Indemnified Party with respect to which indemnity may be sought
hereunder, the Borrower, upon written notice from the Indemnified Party, shall assume the
investigation and defense thereof, including the employment of counsel selected by the
Indemnified Party, and shall assume the payment of all expenses related thereto, with full
power to litigate, compromise or settle the same in its sole discretion; provided that the
Indemnified Party shall have the right to review and approve or disapprove any such
compromise or settlement. Each Indemnified Party shall have the right to employ separate
counsel in any such action or proceeding and participate in the investigation and defense
thereof, and the Borrower shall pay the reasonable fees and expenses of such separate counsel;
provided, however, that such Indemnified Party may only employ separate counsel at the
expense of the Borrower if in the judgment of such Indemnified Party a conflict of interest exists
by reason of common representation or if all parties commonly represented do not agree as to
the action (or inaction) of counsel.
(b) The rights of any persons to indemnity hereunder and rights to payment of fees and
reimbursement of expenses pursuant to Section 4A(a), this Section 9 and Section 20 shall survive
the final payment or defeasance of the Funding Loan Notes and in the case of the Bank any
resignation or removal. The provisions of this Section shall survive the termination of this
Regulatory Agreement.
(c) Nothing contained in this Section 9 shall cause the obligation of the Borrower to pay
principal and interest on the Borrower Loan or amounts owing with respect to a Borrower Note
to be a recourse obligation of the Borrower.
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(d) The obligations of the Borrower under this Section are independent of any other
contractual obligation of the Borrower to provide indemnity to the Governmental Lender or
otherwise, and the obligation of the Borrower to provide indemnity hereunder shall not be
interpreted, construed or limited in light of any other separate indemnification obligation of the
Borrower. The Governmental Lender shall be entitled simultaneously to seek indemnity under
this Section and any other provision under which it is entitled to indemnity.
Section 10. Consideration. The Governmental Lender has agreed to issue the Funding
Loan Notes to provide funds to lend to the Borrower to finance the acquisition and construction
of the Project and the Other Project, all for the purpose, among others, of inducing the Borrower
to acquire, construct and operate the Project and the Other Project. In consideration of the
issuance of the Funding Loan Notes by the Governmental Lender, the Borrower has entered
into this Regulatory Agreement and the Other Regulatory Agreement, and has agreed to restrict
the uses to which the Project and the Other Project can be put on the terms and conditions set
forth herein and in the Other Regulatory Agreement.
Section 11. Reliance. The Governmental Lender and the Borrower hereby recognize and
agree that the representations and covenants set forth herein and in the Other Regulatory
Agreement may be relied upon by all persons interested in the legality and validity of the
Funding Loan Notes, in the exemption from State personal income taxation of interest on the
Funding Loan Notes and in the Tax-Exempt status of the interest on the Tax-Exempt Notes. In
performing their duties and obligations hereunder, the Governmental Lender, the Bank and the
Administrator may rely upon statements and certificates of the Low Income Tenants and upon
audits of the books and records of the Borrower pertaining to the Project and the Other Project.
In addition, the Governmental Lender, the Bank and the Administrator may consult with
counsel, and the opinion of such counsel shall be full and complete authorization and protection
in respect of any action taken or suffered by the Governmental Lender, the Bank or the
Administrator hereunder in good faith and in conformity with such opinion. In determining
whether any default or lack of compliance by the Borrower exists under this Regulatory
Agreement, the Governmental Lender shall not be required to conduct any investigation into or
review of the operations or records of the Borrower and may rely solely on any written notice or
certificate delivered to the Governmental Lender or the Bank by the Borrower with respect to
the occurrence or absence of a default unless it knows that the notice or certificate is erroneous
or misleading.
Section 12. Sale or Transfer of the Project. For the Compliance Period, the Borrower
shall not, except as provided below and in accordance with the Borrower Loan Agreement and
the Deed of Trust, Transfer the Project, in whole or in part, without the prior written consent of
the Governmental Lender, which consent shall be given as promptly as practicable following:
(A) the receipt by the Governmental Lender of evidence acceptable to the Governmental Lender
that (1) the Borrower shall not be in default hereunder, under the Other Regulatory Agreement
or under the Borrower Loan Agreement (which may be evidenced by a certificate of the
Borrower) or the transferee undertakes to cure any defaults of the Borrower to the reasonable
satisfaction of the Governmental Lender; (2) the continued operation of the Project shall comply
with the provisions of this Regulatory Agreement; (3) either (a) the transferee or its property
manager has at least three years’ experience in the ownership, operation and management of
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similar-sized rental housing projects, and at least one year’s experience in the ownership,
operation and management of rental housing projects containing below-market-rate units,
without any record of material violations of discrimination restrictions or other state or federal
laws or regulations or local government requirements applicable to such projects, or (b) the
transferee agrees to retain a property management firm with the experience and record
described in subclause (a) above, or (c) the transferring Borrower or its management company
will continue to manage the Project for at least one year following such transfer and during such
period will provide training to the transferee and its manager in the responsibilities relating to
the Low Income Units; and (4) the person or entity which is to acquire the Project does not have
pending against it, and does not have a history of, building code violations or significant and
material complaints concerning the maintenance, upkeep, operation, and regulatory agreement
compliance of any of its projects as identified by any local, state or federal regulatory agencies;
(B) the execution by the transferee of any document requested by the Governmental Lender
with respect to the assumption of the Borrower’s obligations under this Regulatory Agreement,
the Other Regulatory Agreement and the Borrower Loan Agreement, including without
limitation an instrument of assumption hereof, and delivery to the Governmental Lender of an
opinion of such transferee’s counsel to the effect that each such document and this Regulatory
Agreement are valid, binding and enforceable obligations of such purchaser or assignee; (C)
receipt by the Governmental Lender of an opinion of Tax Counsel addressed to the
Governmental Lender and the Bank to the effect that any such sale, transfer or other disposition
will not adversely affect the Tax-Exempt status of interest on the Tax-Exempt Notes; (D) receipt
by the Governmental Lender and Bank of all fees and/or expenses then currently due and
payable to the Governmental Lender and Bank; (E) satisfaction of such other conditions or
matters as are set forth in the Borrower Loan Agreement and the Deed of Trust; (F) the Other
Project shall be transferred coterminously with the transfer of the Project, to the same transferee;
(G) receipt by the Governmental Lender of evidence of satisfaction of compliance with the
provisions of Section 7(d)(i) related to notice to CDLAC of transfer of the Project; and (H) such
other conditions are met as the Governmental Lender may reasonably impose. The
Governmental Lender hereby consents to a Transfer of the Project by the Borrower to its general
partner or its affiliate, if the Governmental Lender receives the documents listed in the
preceding sentence.
It is hereby expressly stipulated and agreed that any Transfer of the Project in violation
of this Section 12 shall be null, void and without effect, shall cause a reversion of title to the
Borrower, and shall be ineffective to relieve the Borrower of its obligations under this
Regulatory Agreement. The written consent of the Governmental Lender to any Transfer of the
Project shall constitute conclusive evidence that the Transfer is not in violation of this Section
12. Nothing in this Section shall affect any provision of any other document or instrument
between the Borrower and any other party which requires the Borrower to obtain the prior
written consent of such other party in order to Transfer the Project. Upon any Transfer which
complies with this Regulatory Agreement, the Borrower shall be fully and automatically
released from its obligations hereunder to the extent such obligations have been assumed by the
transferee of the Project. Any Transfer of the Project to any entity, whether or not affiliated with
the Borrower, shall be subject to the provisions of this Section 12, except that no consent of the
Governmental Lender shall be required in the case of any Transfer of the Project to a general
partner of the Borrower or an affiliate of a general partner of the Borrower if any applicable
conditions set forth in the Borrower Loan Agreement and any conditions set forth in the Deed
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of Trust are satisfied and, in any event, the Borrower notifies the Governmental Lender in
writing of any such transfer.
Notwithstanding anything contained in this Section 12 to the contrary, neither the
consent of the Governmental Lender nor the delivery of items (A) through (F) of the preceding
paragraph shall be required in the case of (a) the execution, delivery and recordation by
Borrower of any mortgage or deed of trust encumbering all or any part of the Project, or (b) a
foreclosure or deed in lieu of foreclosure by the Bank whereby the Bank or a purchaser at a
foreclosure sale becomes the owner of the Project, and nothing contained in this Section 12 shall
otherwise affect the right of the Bank or a purchaser at a foreclosure sale to foreclose on the
Project or to accept a deed in lieu of foreclosure. The Governmental Lender’s consent otherwise
required by item (A) of the preceding paragraph shall not be required in connection with any
purchase of the Project by a partner of the Borrower as allowed for in the Borrower’s
partnership agreement. In addition, the provisions of this Section 12 shall not apply to (i) the
replacement of the managing general partner of the Borrower by an entity formed by or that is a
subsidiary of the initial managing general partner of the Borrower, (ii) the withdrawal of any
limited partner of the Borrower from its partnership, (iii) any transfer of limited partnership
interests in the Borrower and the admission of a substitute limited partner, (iv) any transfer of
direct or indirect interests in any limited partner of the Borrower, or (v) any transfer of interests
pursuant to the provisions of the Borrower’s partnership agreement as in effect from time to
time, including but not limited to the removal of a general partner of the Borrower and
replacement thereof by an affiliate of a limited partner of the Borrower pursuant to the
Borrower’s partnership agreement; provided, however, that the Governmental Lender shall
receive notice from the Borrower of any transfer of general partner interests.
For the Compliance Period, the Borrower shall not: (1) except pursuant to the provisions
of this Regulatory Agreement, the Borrower Loan Agreement and the Deed of Trust (and upon
receipt by the Borrower of an opinion of Tax Counsel that such action will not adversely affect
the Tax-Exempt status of interest on the Tax-Exempt Notes), or except upon a sale, transfer or
other disposition of the Project in accordance with the terms of this Regulatory Agreement,
subordinate or encumber any of the Project or grant commercial leases (not including any
laundry, cable, management office equipment, resident service (including but not limited to
convenience vending, or satellite television) or similar or related leases) of any part thereof, or
permit the conveyance, transfer or encumbrance of any part of the Project (except for apartment
leases); (2) demolish any part of the Project or substantially subtract from any real or personal
property of the Project, except to the extent that what is removed is replaced with comparable
property; or (3) permit the use of the dwelling accommodations of the Project for any purpose
except rental residences.
Section 13. Term. This Regulatory Agreement shall become effective upon its execution
and delivery, and shall remain in full force and effect for the period provided herein and shall
terminate as to any provision not otherwise provided with a specific termination date and shall
terminate in its entirety at the end of the Compliance Period, it being expressly agreed and
understood that the provisions hereof are intended to survive the payment in full of the
Funding Loan Notes and discharge of the Funding Loan Agreement, the Borrower Loan
Agreement and the Deed of Trust.
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The terms of this Regulatory Agreement to the contrary notwithstanding, this
Regulatory Agreement shall terminate and be of no further force and effect in the event of
involuntary noncompliance with the provisions of this Regulatory Agreement caused by fire,
seizure, requisition, change in a federal law or an action of a federal agency after the Closing
Date that prevents the Governmental Lender and the Bank from enforcing such provisions, or
condemnation, foreclosure, transfer of title by deed in lieu of foreclosure, or a similar event, but
only if, within a reasonable period, either the Funding Loan Notes are fully prepaid and no
further amounts are owing in respect of the Funding Loan or amounts received as a
consequence of such event are used to provide a project which meets the requirements hereof;
provided, however, that the preceding provisions of this sentence shall cease to apply and the
restrictions contained herein shall be reinstated if, at any time subsequent to the termination of
such provisions as the result of the foreclosure or the delivery of a deed in lieu of foreclosure or
a similar event, the Borrower or any related person (within the meaning of Section 1.103-10(e) of
the Regulations) obtains an ownership interest in the Project for federal income tax purposes.
The Borrower hereby agrees that, following any foreclosure, transfer of title by deed in lieu of
foreclosure or similar event, neither the Borrower nor any such related person as described
above will obtain an ownership interest in the Project for federal tax purposes. Notwithstanding
any other provision of this Regulatory Agreement, this Regulatory Agreement may be
terminated upon agreement by the Governmental Lender and the Borrower, with the consent of
CDLAC, upon receipt by the Governmental Lender of an opinion of Tax Counsel to the effect
that such termination will not adversely affect the exclusion from gross income of interest on
the Tax-Exempt Notes for federal income tax purposes and is otherwise permitted under the
Act. Upon the termination of the terms of this Regulatory Agreement, the parties hereto agree to
execute, deliver and record appropriate instruments of release and discharge of the terms
hereof; provided, however, that the execution and delivery of such instruments shall not be
necessary or a prerequisite to the termination of this Regulatory Agreement in accordance with
its terms.
Section 14. Covenants to Run With the Land. Notwithstanding Section 1461 of the
California Civil Code, the Borrower hereby subjects the Project to the covenants, reservations
and restrictions set forth in this Regulatory Agreement. The Governmental Lender and the
Borrower hereby declare their express intent that the covenants, reservations and restrictions set
forth herein shall be deemed covenants running with the land and shall pass to and be binding
upon the Borrower’s successors in interest to the Project; provided, however, that on the
termination of this Regulatory Agreement said covenants, reservations and restrictions shall
expire. Each and every contract, deed or other instrument hereafter executed covering or
conveying the Project or any portion thereof shall conclusively be held to have been executed,
delivered and accepted subject to such covenants, reservations and restrictions, regardless of
whether such covenants, reservations and restrictions are set forth in such contract, deed or
other instruments.
Section 15. Burden and Benefit. The Governmental Lender and the Borrower hereby
declare their understanding and intent that the burdens of the covenants set forth herein touch
and concern the land in that the Borrower’s legal interest in the Project is rendered less valuable
thereby. The Governmental Lender and the Borrower hereby further declare their
understanding and intent that the benefits of such covenants touch and concern the land by
enhancing and increasing the enjoyment and use of the Project by Low Income Tenants, the
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intended beneficiaries of such covenants, reservations and restrictions, and by furthering the
public purposes for which the Funding Loan Notes were issued.
Section 16. Uniformity; Common Plan. The covenants, reservations and restrictions
hereof shall apply uniformly to the entire Project in order to establish and carry out a common
plan for the use of the site on which the Project is located.
Section 17. Default; Enforcement. If the Borrower defaults in the performance or
observance of any covenant, agreement or obligation of the Borrower set forth in this
Regulatory Agreement or in the Other Regulatory Agreement, and if such default remains
uncured for a period of thirty (30) days after notice thereof shall have been given by the
Governmental Lender or the Bank to the Borrower (with a copy to the Equity Investor), or for a
period of thirty (30) days from the date the Borrower should, with due diligence, have
discovered such default, then the Governmental Lender or the Bank, acting on its own behalf or
on behalf of the Governmental Lender (to the extent directed in writing by the Governmental
Lender, subject to the provisions of the Funding Loan Agreement), shall declare an “Event of
Default” to have occurred hereunder; provided, however, that if the default is of such a nature
that it cannot be corrected within thirty (30) days, such default shall not constitute an Event of
Default hereunder so long as (i) the Borrower institutes corrective action within said thirty (30)
days and diligently pursues such action until the default is corrected, and (ii) in the opinion of
Tax Counsel, the failure to cure said default within thirty (30) days will not adversely affect the
Tax-Exempt status of interest on the Tax-Exempt Notes. The Governmental Lender and the
Bank shall have the right to enforce the obligations of the Borrower under this Regulatory
Agreement and under the Other Regulatory Agreement within shorter periods of time than are
otherwise provided herein if necessary in the opinion of Tax Counsel to insure compliance with
the Act or the Code.
Any limited partner of the Borrower shall have the right but not the obligation to cure
any Event of Default, and the Governmental Lender and the Bank agree to accept any cure
tendered by any such limited partner on behalf of the Borrower within any cure period
specified above.
Following the declaration of an Event of Default hereunder the Governmental Lender,
or the Bank may, at their respective options, take any one or more of the following steps, in
addition to all other remedies provided by law or equity:
(i) by mandamus or other suit, action or proceeding at law or in equity, including
injunctive relief, require the Borrower to perform its obligations and covenants
hereunder or enjoin any acts or things which may be unlawful or in violation of the
rights of the Governmental Lender or the Bank hereunder;
(ii) have access to and inspect, examine and make copies of all of the books and
records of the Borrower pertaining to the Project and the Other Project;
(iii) take such other action at law or in equity as may appear necessary or
desirable to enforce the obligations, covenants and agreements of the Borrower
hereunder;
December 19, 2017 Contra Costa County Board of Supervisors Minutes 518
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(iv) with the prior written consent of the Bank, which may be withheld in the
Bank’s sole and absolute discretion, declare a default under the Borrower Loan
Agreement and (subject to any applicable cure periods set forth in the Borrower Loan
Agreement) proceed with any remedies provided therein; or
(v) order and direct the Borrower in writing to terminate the then Manager of the
Project and to select a replacement Manager reasonably satisfactory to the Governmental
Lender within 60 days of such written direction, and to notify the Governmental Lender
in writing of the identity of the replacement Manager.
The Borrower hereby agrees that specific enforcement of the Borrower’s agreements
contained herein is the only means by which the Governmental Lender may fully obtain the
benefits of such agreements made by the Borrower herein, and the Borrower therefore agrees to
the imposition of the remedy of specific performance against it in the case of any Event of
Default by the Borrower hereunder.
The Bank shall have the right (but no obligation), in accordance with this Section and the
provisions of the Funding Loan Agreement, without the consent or approval of the
Governmental Lender, to exercise any or all of the rights or remedies of the Governmental
Lender hereunder; provided that prior to taking any such action the Bank shall give the
Governmental Lender written notice of its intended action. After the Funding Loan Agreement
has been discharged, the Governmental Lender may act on its own behalf to declare an “Event
of Default” to have occurred and to take any one or more of the steps specified hereinabove to
the same extent and with the same effect as if taken by the Bank.
All fees, costs and expenses of the Bank and the Governmental Lender incurred in
taking any action pursuant to this Section shall be the sole responsibility of the Borrower.
No breach or default under this Regulatory Agreement shall defeat or render invalid the
Deed of Trust or any like encumbrance upon the Project or any portion of either thereof given in
good faith and for value.
Section 18. References to Bank. After the date on which the Funding Loan has been
paid in full, all references to the Bank in this Regulatory Agreement shall be deemed references
to the Governmental Lender.
Section 19. Recording and Filing. (a) The Borrower shall cause this Regulatory
Agreement, the Other Regulatory Agreement and all amendments and supplements hereto and
thereto to be recorded and filed in the real property records of the County and in such other
places as the Governmental Lender or the Bank may reasonably request. The Borrower shall
pay all fees and charges incurred in connection with any such recording.
(b) The Borrower and the Governmental Lender will file of record such other documents
and take such other steps as are necessary, in the written opinion of Tax Counsel filed with the
Governmental Lender and the Bank, in order to insure that the requirements and restrictions of
this Regulatory Agreement will be binding upon all owners of the Project.
December 19, 2017 Contra Costa County Board of Supervisors Minutes 519
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(c) The Borrower hereby covenants to include or reference the requirements and
restrictions contained in this Regulatory Agreement in any documents transferring any interest
in the Project to another person (other than in any document granting a security interest to the
Bank and, provided, however, that no such assignment shall be required in connection with the
transfer of the Project to the Bank by foreclosure, deed in lieu of foreclosure or comparable
conversion of the Borrower Loan) to the end that such transferee has notice of, and is bound by,
such restrictions, and to obtain the agreement from any transferee to abide by all requirements
and restrictions of this Regulatory Agreement.
Section 20. Payment of Administration Fees. Notwithstanding any prepayment of the
Borrower Loan and notwithstanding a discharge of the Borrower Loan Agreement, throughout
the Compliance Period, the Borrower shall continue to pay to the Governmental Lender its fees
described in Section 4.A.(d) and in the event of default, to the Administrator, the Governmental
Lender and to the Bank reasonable compensation for any services rendered by any of them
hereunder and reimbursement for all expenses reasonably incurred by any of them in
connection therewith.
In the event that the Qualified Project Period terminates prior to the termination of the
Compliance Period (other than by reason of the issuance of refunding bonds), and provided
that the conditions of this Section are satisfied, the Borrower shall thereafter and for the
remainder of the Compliance Period pay to the Governmental Lender annually in advance an
amount equal to $5,000. The full Governmental Lender Annual Fee shall continue to be payable
unless and until the Governmental Lender has confirmed receipt of all amounts then due and
payable in arrears by the Borrower to the Governmental Lender in connection with the
Borrower Loan, at which point the Governmental Lender Annual Fee shall become effective.
If the Borrower fails to make payment of the Governmental Lender Annual Fee for a
period of two consecutive years or more, the Governmental Lender may, in its sole discretion,
declare the total amount of the Governmental Lender Annual Fee through the end of the
Compliance Period immediately due and payable, such amount to be discounted at a rate equal
to the then current market rate for U.S. Treasury obligations of a maturity equal to the
remaining term of the Compliance Period.
Section 21. Governing Law. This Regulatory Agreement shall be construed in
accordance with and governed by the laws of the State applicable to contracts made and
performed in the State. This Regulatory Agreement shall be enforceable in the State, and any
action arising hereunder shall (unless waived by the Governmental Lender in writing) be filed
and maintained in the Superior Court of California, County of Contra Costa.
Section 22. Amendments; Waivers. (a) Except as otherwise provided in Section 8 above
(including but not limited to the requirements of the last sentence of Section 8.1(b) above), this
Regulatory Agreement may be amended only by a written instrument executed by the parties
hereto or their successors in title, and duly recorded in the real property records of the County,
and only upon receipt by the Governmental Lender of an opinion from Tax Counsel that such
amendment will not adversely affect the Tax-Exempt status of interest on the Tax-Exempt Notes
and is not contrary to the provisions of the Act.
December 19, 2017 Contra Costa County Board of Supervisors Minutes 520
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(b) Anything to the contrary contained herein notwithstanding, the Governmental
Lender and the Borrower hereby agree to amend this Regulatory Agreement and the Other
Regulatory Agreement to the extent required, in the opinion of Tax Counsel, in order that
interest on the Tax-Exempt Notes remain Tax-Exempt. The party requesting such amendment
shall notify the other party to this Regulatory Agreement of the proposed amendment, with a
copy of such requested amendment to Tax Counsel and a request that such Tax Counsel
render to the Governmental Lender an opinion as to the effect of such proposed amendment
upon the Tax-Exempt status of interest of the Tax-Exempt Notes. This provision shall not be
subject to any provision of any other agreement requiring any party hereto to obtain the consent
of any other person in order to amend this Regulatory Agreement.
(c) Any waiver of, or consent to, any condition under this Regulatory Agreement must
be expressly made in writing.
Section 23. Notices. Any notice required to be given hereunder shall be made in writing
and shall be given by personal delivery, overnight delivery, certified or registered mail, postage
prepaid, return receipt requested, or by telecopy, in each case at the respective addresses set
forth below or at such other addresses as may be specified in writing by the parties hereto.
If to the Governmental Lender
or the Administrator:
County of Contra Costa
Department of Conservation and Development
30 Muir Road
Martinez, California 94553
Attention: Community Development Bond Program
Manager
If to the Borrower: Riviera Family Apartments, L.P.,
c/o Resources for Community Development
2220 Oxford Street
Berkeley, CA 94704
Attention: Executive Director
with a copy to: Gubb & Barshay LLP
505 14th Street, Suite 1050
Oakland, California 94612
Attention: Scott Barshay, Esq.
and a copy to: the Equity Investor
December 19, 2017 Contra Costa County Board of Supervisors Minutes 521
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If to the Equity Investor: Wells Fargo Affordable Housing Community
Development Corporation
MAC D1053-170
301 South College Street
Charlotte, North Carolina 28288
Attention: Director of Tax Credit Asset Management
with a copy to:
Sidley Austin LLP
One South Dearborn Street
Chicago, IL 60603
Attention: Frederick R. Meyer, Esq.
If to the Bank:
MUFG Union Bank, N.A.
Loan Administration Department
3151 East Imperial Highway, First Floor
Brea, CA 92821
Attention: Manager
with a copy to:
MUFG Union Bank, N.A.
Community Development Finance
200 Pringle Avenue, Suite 355
Walnut Creek, CA 94596-3570
Attention: Manager
Unless otherwise specified by
CDLAC, the address of CDLAC
is:
California Debt Limit Allocation Committee
915 Capitol Mall, Room 311
Sacramento, CA 95814
Attention: Executive Director
The Governmental Lender, the Administrator, the Bank, CDLAC and the Borrower may,
by notice given hereunder, designate any further or different addresses to which subsequent
notices, certificates or other communications shall be sent. Notice shall be deemed given on the
date evidenced by the postal or courier receipt or other written evidence of delivery or
electronic transmission.
The Borrower shall notify the Governmental Lender and the Administrator in writing of
any change to the name of the Project or any change of name or address for the Borrower or the
Manager. The Borrower shall further notify CDLAC in writing of any event provided in Section
7(d) hereof.
Section 24. Severability. If any provision of this Regulatory Agreement shall be invalid,
illegal or unenforceable, the validity, legality and enforceability of the remaining portions
hereof shall not in any way be affected or impaired thereby.
December 19, 2017 Contra Costa County Board of Supervisors Minutes 522
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Section 25. Multiple Counterparts. This Regulatory Agreement may be simultaneously
executed in multiple counterparts, all of which shall constitute one and the same instrument,
and each of which shall be deemed to be an original.
Section 26. Third Party Beneficiaries; Enforcement. The Bank, the Administrator and
CDLAC are intended to be and shall each be a third party beneficiary of this Regulatory
Agreement. CDLAC shall have the right (but not the obligation) to enforce the CDLAC
Conditions (as defined in Section 7) and to pursue an action for specific performance or other
available remedy at law or in equity in accordance with Section 17 hereof, provided that any
such action or remedy shall not materially adversely affect the interests and rights of the owner
or owners of the Funding Loan Note. Pursuant to Section 52080(k) of the Act, the requirements
of Section 6 may be enforced either in law or in equity by any resident, local agency, entity, or
by any other person adversely affected by the Borrower’s failure to comply with the
requirements of that Section.
Section 27. The Bank. The Bank shall be entitled, but shall have no duty, to act with
respect to enforcement of the Borrower’s performance hereunder. The Bank, either on its own
behalf or as the agent of and on behalf of the Governmental Lender, may, in its sole discretion,
act hereunder and any act required to be performed by the Governmental Lender as herein
provided shall be deemed taken if such act is performed by the Bank. In connection with any
such performance, all provisions of the Funding Loan Agreement and the Borrower Loan
Agreement relating to the rights, privileges, powers and protections of the Bank shall apply
with equal force and effect to all actions taken (or omitted to be taken) by the Bank in
connection with this Regulatory Agreement. Neither the Bank nor any of its officers, directors
or employees shall be liable for any action taken or omitted to be taken by it hereunder or in
connection herewith except for its or their own negligence or willful misconduct. The Bank
may consult with legal counsel selected by it (the reasonable fees of which counsel shall be paid
by the Borrower) and any action taken or suffered by it reasonably and in good faith in
accordance with the opinion of such counsel shall be full justification and protection to it. The
Bank may at all times assume compliance with this Regulatory Agreement unless otherwise
notified in writing by or on behalf of the Governmental Lender, or unless it has actual
knowledge of noncompliance.
After the date the Funding Loan no longer remains outstanding as provided in the
Funding Loan Agreement, the Bank shall have no further rights, duties or responsibilities under
this Regulatory Agreement, and all references to the Bank in this Regulatory Agreement shall be
deemed references to the Governmental Lender.
Section 28. No Interference or Impairment of Loan. Notwithstanding anything herein to
the contrary, (i) the occurrence of an event of default under this Regulatory Agreement shall
not, under any circumstances whatsoever, be deemed or constitute a default under the
Borrower Loan Documents, except as may be otherwise specified in the Borrower Loan
Documents, and shall not impair, defeat or render invalid the lien of the Deed of Trust and (ii)
neither of the Governmental Lender nor any other person shall:
December 19, 2017 Contra Costa County Board of Supervisors Minutes 523
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(a) initiate or take any action which may have the effect, directly or indirectly, of
impairing the ability of the Borrower to timely pay the principal of, interest on, or other
amounts due and payable under, the Borrower Loan;
(b) interfere with or attempt to interfere with or influence the exercise by the
Bank of any of its rights under the Borrower Loan Agreement, including, without
limitation, the Bank remedial rights under the Borrower Loan Documents upon the
occurrence of an event of default by the Borrower under the Borrower Loan Agreement;
or
(c) upon the occurrence of an event of default under the Borrower Loan
Agreement, take any action to accelerate or otherwise enforce payment or seek other
remedies with respect to the Borrower Loan, it being understood and agreed that the
Governmental Lender may not, without the prior written consent of the Bank, on
account of any default under this Regulatory Agreement, seek, in any manner, to cause
the Borrower Loan to become due and payable, to enforce the Borrower Loan
Agreement or to foreclose on the Deed of Trust or cause the Bank to foreclose or take
any other action under the Borrower Loan Documents, the Funding Loan Documents or
any other documents which action would or could have the effect of achieving any one
or more of the foregoing actions, events or results.
No person other than the Bank shall have the right to declare the principal balance of the
Borrower Loan to be immediately due and payable or to initiate foreclosure or other like action.
The forgoing prohibitions and limitations shall not in any way limit the rights of the
Governmental Lender to specifically enforce this Regulatory Agreement or to seek injunctive
relief in order to provide for the operation of the Project in accordance with the requirements of
the Code and the Act, and shall not be construed to limit the rights of the Governmental Lender
to enforce its rights against the Borrower under the indemnification provisions of the
Regulatory Agreement provided that the prosecution of a claim for indemnification shall not
cause the Borrower to file a petition seeking reorganization, arrangement, adjustment or
composition of or in respect of the Borrower under any applicable liquidation, insolvency,
bankruptcy, construction, composition, reorganization, conservation or other similar law in
effect now or in the future.
Notwithstanding the above, the provisions of this Section 28 shall not in any way limit
or alter the Governmental Lender’s authority, power or activities as a governmental regulatory
agency pursuant to applicable laws and regulations relating to the Project or otherwise.
Section 29. Limitation on Borrower Liability. Notwithstanding any other provision or
obligation to the contrary contained in this Regulatory Agreement, and except for the
Borrower’s obligations under Sections 9 and 20 of this Regulatory Agreement (which are not
subject to the provisions and limitations of this Section 29) (i) the liability of the Borrower under
this Regulatory Agreement to any person or entity, including, but not limited to, the Bank or the
Governmental Lender and their successors and assigns, is limited to the Borrower’s interest in
the Project and in the Other Project, the revenues therefrom, including the amount held in the
funds and accounts created under the Funding Loan Agreement and the Borrower Loan
December 19, 2017 Contra Costa County Board of Supervisors Minutes 524
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Documents, or any rights of the Borrower under any guarantees relating to the Project, and such
persons and entities shall look exclusively thereto, or to such other security as may from time to
time be given for the payment of obligations arising out of this Regulatory Agreement or any
other agreement securing the obligations of the Borrower under this Regulatory Agreement;
and (ii) from and after the date of this Regulatory Agreement, no deficiency or other personal
judgment, nor any order or decree of specific performance (other than pertaining to this
Regulatory Agreement, any agreement pertaining to the Project or any other agreement
securing the Borrower’s obligations under this Regulatory Agreement), shall be rendered
against the Borrower, the assets of the Borrower (other than the Borrower’s interest in the
Project and in the Other Project, this Regulatory Agreement, amounts held in the funds and
accounts created under the Funding Loan Agreement and the Borrower Loan Documents, any
rights of the Borrower under the Funding Loan Agreement and the Borrower Loan Documents
or any other documents relating to the Funding Loan Note or any rights of the Borrower under
any guarantees relating to the Project or the Other Project), its partners, successors, transferees
or assigns and each their respective officers, directors, employees, partners, agents, heirs and
personal representatives, as the case may be, in any action or proceeding arising out of this
Regulatory Agreement or the Borrower Loan Agreement or any agreement securing the
obligations of the Borrower under this Regulatory Agreement, or any judgment, order or decree
rendered pursuant to any such action or proceeding.
Section 30. Limited Liability. All obligations of the Governmental Lender incurred
under this Regulatory Agreement shall be limited obligations, payable solely and only from
Funding Loan proceeds and other amounts derived by the Governmental Lender from the
Borrower Loan or otherwise under the Borrower Loan Agreement.
Section 31. Conflict With Other Affordability Agreements. Notwithstanding any
provision in this Regulatory Agreement to the contrary, in the event of any conflict between the
provisions of this Regulatory Agreement and any agreement of a Subordinate Lender
(including the City of Walnut Creek) that imposes affordability requirements on the Project,
including those referenced in Section 3(e)(iii) hereof, the provisions providing for the most
affordable units, with the most affordability, in the Project shall prevail, so long as at all times
the requirements of Section 2, 3, 4, 4A, 6 and 7 of this Regulatory Agreement are in any event
satisfied. Notwithstanding the foregoing, a breach or default under any agreement referenced
in Section 3(e)(iii) hereof shall not, in itself, constitute a breach or a default under this
Regulatory Agreement.
Section 32. Property Management. The Borrower agrees that at all times the Project
shall be managed by a property manager (i) approved by the Governmental Lender in its
reasonable discretion and (ii) who has at least three years’ experience in the ownership,
operation and management of similar size rental housing projects, and at least one year’s
experience in the ownership, operation and management of rental housing projects containing
below-market-rate units, without any record of material violations of discrimination restrictions
or other state or federal laws or regulations or local governmental requirements applicable to
such projects (the “Manager”). The Borrower shall submit to the Governmental Lender from
time to time such information about the background, experience and financial condition of any
existing or proposed Manager as the Governmental Lender may reasonably require to
December 19, 2017 Contra Costa County Board of Supervisors Minutes 525
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determine whether such Manager meets the requirements for a Manager set forth herein. The
Governmental Lender reserves the right to conduct periodic reviews of the management
practices and of the Manager to determine if the Project is being operated and managed in
accordance with the requirements and standards of this Agreement. The Borrower agrees to
cooperate with the Governmental Lender in such reviews.
If the Governmental Lender determines in its reasonable judgment that the Project is not
being operated and managed in accordance with one or more of the material requirements or
standards of this Regulatory Agreement, the Governmental Lender may deliver notice to the
Borrower and the Bank requesting replacement of the Manager, which notice shall state clearly
the reasons for such request. The Borrower agrees that, upon receipt of such notice, it shall
within 60 days submit to the Governmental Lender, with a copy to the Bank, a proposal to
engage a new Manager meeting the requirements of this Section 32. Each of the Governmental
Lender and the Bank shall respond within 30 days to such proposal or such approval shall be
deemed given. Upon receipt of such consent or deemed consent, the Borrower shall within 60
days terminate the existing Manager’s engagement and engage the new Manager. If such
proposal is denied by either the Governmental Lender or the Bank, the Borrower agrees that
upon receipt of notice of such denial, it shall within 60 days submit to the Governmental
Lender, with copies to the Bank, a proposal to engage another new Manager meeting the
requirements of this Section 28, subject to the Governmental Lender’s and the Bank’s consent or
deemed consent pursuant to the terms hereof.
Notwithstanding any other provision of this Section 32 to the contrary, the Bank may at
any time by written instruction to the Governmental Lender and the Borrower deny the
Governmental Lender’s request for a replacement Manager and direct that the existing Manager
be retained.
Section 33. Annual Reporting Covenant. No later than January 31 of each calendar year
(commencing January 31, 2018), the Borrower, on behalf of the Governmental Lender, agrees to
provide to the California Debt and Investment Advisory Commission, by any method approved
by the California Debt and Investment Advisory Commission, with a copy to the Governmental
Lender, the annual report information required by section 8855(k)(1) of the California
Government Code with respect to the Funding Loan Notes. This covenant shall remain in effect
until the later of the date (a) the Funding Loan Notes are no longer outstanding or (b) the
proceeds of the Funding Loan Notes have been fully spent.
Section 34. Regulatory Agreement or Replacement. From and after the Note D Closing
Date, this Regulatory Agreement shall supersede and replace in its entirety the Original
Regulatory Agreement (as such term is defined in the second Recital to this Regulatory
Agreement) recorded in the Contra Costa County Recorder’s Office at 1:50 p.m. on September
26, 2016 as Document No. 2016-0197573-00. The parties hereto acknowledge and agree that
upon (i) recordation of this Regulatory Agreement in the Office of the County Recorder of the
County of Contra Costa, and (ii) the issuance of Note D Bonds, the Original Regulatory
Agreement shall be null and void and of no further force and effect. The Governmental Lender
December 19, 2017 Contra Costa County Board of Supervisors Minutes 526
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agrees to take any action requested in writing by the Borrower, at the Borrower’s expense, to
release or otherwise confirm the cancellation of the Original Regulatory Agreement.
December 19, 2017 Contra Costa County Board of Supervisors Minutes 527
S-1
IN WITNESS WHEREOF, the Governmental Lender and the Borrower have executed
this Regulatory Agreement by duly authorized representatives, all as of the date first above
written.
COUNTY OF CONTRA COSTA
By:
John Kopchik,
Director, Department of
Conservation and Development
RIVIERA FAMILY APARTMENTS, L.P.,
a California limited partnership
By: Stargell Commons LLC,
a California limited liability company,
its general partner
By: Resources for Community Development,
a California nonprofit public benefit
corporation,
its sole member/manager
By:
Daniel Sawislak,
Executive Director
[Signature Page to Amended and Restated Regulatory Agreement –
Riviera Family Apartments 30 Units located at 1515 Riviera Family]
December 19, 2017 Contra Costa County Board of Supervisors Minutes 528
S-2
03007.42:J14998
December 19, 2017 Contra Costa County Board of Supervisors Minutes 529
NOTARY ACKNOWLEDGMENT
State of California
ss.
County of
On , before me,
Date Name and Title of Officer (e.g., “Jane Doe, Notary Public")
personally appeared
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the
same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the
instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the
instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature [Seal]
Notary Public
A notary public or other officer completing this certif icate verifies only the identity of
the individual who signed the document to which this certificate is attached, and not
the truthfulness, accuracy, or validity of that document.
December 19, 2017 Contra Costa County Board of Supervisors Minutes 530
NOTARY ACKNOWLEDGMENT
State of California
ss.
County of
On , before me,
Date Name and Title of Officer (e.g., “Jane Doe, Notary Public")
personally appeared
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the
same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the
instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the
instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature [Seal]
Notary Public
A notary public or other officer completing this certif icate verifies only the identity of
the individual who signed the document to which this certificate is attached, and not
the truthfulness, accuracy, or validity of that document.
December 19, 2017 Contra Costa County Board of Supervisors Minutes 531
A-1
EXHIBIT A
DESCRIPTION OF PROPERTY
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF
WALNUT CREEK, COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA, AND IS
DESCRIBED AS FOLLOWS:
[to come]
December 19, 2017 Contra Costa County Board of Supervisors Minutes 532
B-1
EXHIBIT B
[intentionally omitted]
December 19, 2017 Contra Costa County Board of Supervisors Minutes 533
C-1
EXHIBIT C
COMPLETION CERTIFICATE
The undersigned hereby certifies that the acquisition and construction of the Project and
of the Other Project was substantially completed as of ____________.
The undersigned hereby further certifies that:
(1) the aggregate amount disbursed on the Borrower Loan to date is $___________;
(2) all amounts disbursed on the Borrower Loan have been applied to pay or reimburse
the undersigned for the payment of Project Costs and none of the amounts disbursed on the
Borrower Loan have been applied to pay or reimburse any party for the payment of costs or
expenses other than Project Costs;
(3) at least ninety-five percent (95%) of the amounts disbursed on the Borrower Loan
have been applied to pay or reimburse the Borrower for the payment of Qualified Project Costs,
and less than 25 percent of all such disbursements have been used for the acquisition of land or
an interest therein; and
(4) the Borrower is in compliance with the provisions of the Regulatory Agreements and
Exhibit C to the Borrower Loan Agreement.
Capitalized terms used in this Completion Certificate have the meanings given such
terms in the Amended and Restated Regulatory Agreement and Declaration of Restrictive
Covenants, dated as of December 1, 2017, between Riviera Family Apartments, L.P., a California
limited partnership and the County of Contra Costa, California.
RIVIERA FAMILY APARTMENTS, L.P., a
California limited partnership
By: Stargell Commons LLC,
a California limited liability company,
its general partner
By: Resources for Community Development,
a California nonprofit public benefit
corporation,
its sole member/manager
By:
Daniel Sawislak,
Executive Director
December 19, 2017 Contra Costa County Board of Supervisors Minutes 534
D-1
EXHIBIT D
RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO:
County of Contra Costa
Department of Conservation and Development
30 Muir Road
Martinez, CA 94553
Attention: Community Development Bond Program Manager
CERTIFICATE AS TO COMMENCEMENT OF
QUALIFIED PROJECT PERIOD
COUNTY OF CONTRA COSTA
MULTIFAMILY HOUSING REVENUE NOTES
(RIVIERA FAMILY APARTMENTS), SERIES 2016C AND SERIES 2017D
The undersigned, on behalf of Riviera Family Apartments, L.P., a California Limited
Partnership, hereby certifies that (complete blank information):
10% of the dwelling units in the Project and the Other Project financed in part from the
proceeds of the captioned notes were first occupied on ________________, 20____.
50% of the dwelling units in the Project and the Other Project financed in part from the
proceeds of the captioned notes were first occupied on ________________, 20__.
Capitalized terms used in this Certificate as to Commencement of Qualified Project
Period have the meanings given such terms in the two Amended and Restated Regulatory
Agreements and Declarations of Restrictive Covenants, each dated as of December 1, 2017, each
between Riviera Family Apartments, L.P., a California limited partnership and the County of
Contra Costa, California.
DATED: ____________________, 20____
RIVIERA FAMILY APARTMENTS, L.P.,
a California limited partnership
By: Stargell Commons LLC,
a California limited liability company,
its general partner
By: Resources for Community Development,
a California nonprofit public benefit
corporation,
its sole member/manager
By:
December 19, 2017 Contra Costa County Board of Supervisors Minutes 535
D-2
Daniel Sawislak,
Executive Director
December 19, 2017 Contra Costa County Board of Supervisors Minutes 536
E-1
EXHIBIT E
FORM OF VERIFICATION OF INCOME
TENANT INCOME CERTIFICATION
Initial Certification 1st Recertification Other:
Effective Date:
Move-in Date:
(YYYY-MM-DD)
PART I - DEVELOPMENT DATA
Property Name: Riviera Family Apartments County: Contra Costa BIN #:
Address: 1515 Riviera Avenue, Walnut Creek, CA Unit Number: # Bedrooms:
PART II. HOUSEHOLD COMPOSITION
Vacant
HH
Mbr #
Last Name
First Name
Middle
Initial
Relationship to
Head
of Household
Date of Birth
(YYYY/MM//D
D)
F/T
Student
(Y or N)
Last 4 digits of
Social Security
#
1 HEAD
2
3
4
5
6
7
PART III. GROSS ANNUAL INCOME (USE ANNUAL AMOUNTS)
HH
Mbr #
(A)
Employment or Wages
(B)
Soc. Security/Pensions
(C)
Public Assistance
(D)
Other Income
TOTALS $ $ $ $
Add totals from (A) through (D), above TOTAL
INCOME (E): $
PART IV. INCOME FROM ASSETS
Hshld
Mbr #
(F)
Type of Asset
(G)
C/I
(H)
Cash Value of Asset
(I)
Annual Income from Asset
TOTALS: $ $
Enter Column (H) Total Passbook Rate
If over $5000 $ X 2.00% = (J) Imputed Income $
Enter the greater of the total of column I, or J: imputed income TOTAL INCOME FROM $
December 19, 2017 Contra Costa County Board of Supervisors Minutes 537
E-2
ASSETS (K)
(L) Total Annual Household Income from all Sources [Add (E) + (K)] $
Effective Date of Move-in Income Certification:
Household Size at Move-in Certification:
HOUSEHOLD CERTIFICATION & SIGNATURES
The information on this form will be used to determine maximum income eligibility. I/we have provided for each person(s) set forth in Part II
acceptable verification of current anticipated annual income. I/we agree to notify the landlord immediately upon any member of the household moving
out of the unit or any new member moving in. I/we agree to notify the landlord immediately upon any member becoming a full time student.
Under penalties of perjury, I/we certify that the information presented in this Certification is true and accurate to the best of my/our knowledge and
belief. The undersigned further understands that providing false representations herein constitutes an act of fraud. False, misleading or incomplete
information may result in the termination of the lease agreement.
Signature (Date) Signature (Date)
Signature (Date) Signature (Date)
December 19, 2017 Contra Costa County Board of Supervisors Minutes 538
E-3
PART V. DETERMINATION OF INCOME ELIGIBILITY
RECERTIFICATION ONLY:
TOTAL ANNUAL HOUSEHOLD
INCOME FROM ALL SOURCES:
From item (L) on page 1
$
Unit Meets Income
Restriction at:
60% 50%
Current Income Limit x 140%:
$
Current Income Limit per Family Size:
$
40% 30%
%
Household Income exceeds 140%
at recertification:
Yes No
Household Income at Move-
in:
$ Household Size at Move-in:
PART VI. RENT
Tenant Paid Rent
$
Rent Assistance: $
Utility Allowance $ Other non-optional charges: $
GROSS RENT FOR UNIT:
(Tenant paid rent plus Utility Allowance &
other non-optional charges)
$
Unit Meets Rent Restriction at:
60% 50% 40% 30% %
Maximum Rent Limit for this unit:
$
PART VII. STUDENT STATUS
*Student Explanation:
ARE ALL OCCUPANTS FULL TIME STUDENTS? If yes, Enter student explanation* 1 AFDC / TANF Assistance
(also attach documentation) 2 Job Training Program yes no 3 Single Parent/Dependent Child
4 Married/Joint Return
Enter 1-5 5 Former Foster Care
PART VIII. PROGRAM TYPE
Mark the program(s) listed below (a. through e.) for which this household’s unit will be counted toward the property’s occupa ncy
requirements. Under each program marked, indicate the household’s income status as established by this certification/recertification.
a. Tax Credit
See Part V above.
b. HOME
Income Status
50% AMGI
60% AMGI
80% AMGI
OI**
c. Tax Exempt
Income Status
50% AMGI
60% AMGI
80% AMGI
OI**
d. AHDP
Income Status
50% AMGI
80% AMGI
OI**
e.
(Name of Program)
Income Status
__________
__________
OI**
** Upon recertification, household was determined over-income (OI) according to eligibility requirements of the program(s) marked above.
December 19, 2017 Contra Costa County Board of Supervisors Minutes 539
E-4
SIGNATURE OF OWNER/REPRESENTATIVE
Based on the representations herein and upon the proof and documentation required to be submitted, the individual(s) named in Part II
of this Tenant Income Certification is/are eligible under the provisions of Section 42 of the Internal Revenue Code, as amended, and the
Land Use Restriction Agreement (if applicable), to live in a unit in this Project.
SIGNATURE OF OWNER/REPRESENTATIVE DATE
December 19, 2017 Contra Costa County Board of Supervisors Minutes 540
E-5
INSTRUCTIONS FOR COMPLETING
TENANT INCOME CERTIFICATION
This form is to be completed by the owner or an authorized representative.
Part I - Project Data
Check the appropriate box for Initial Certification (move-in), Recertification (annual recertification), or Other. If Other, designate the
purpose of the recertification (i.e., a unit transfer, a change in household composition, or other state-required recertification).
*Move-in Date Enter the date the tenant has or will take occupancy of the unit. (YYYY-MM-DD)
*Effective Date Enter the effective date of the certification. For move-in, this should be the move-in
date. For annual recertification, this effective date should be no later than one year
from the effective date of the previous (re)certification. (YYYY-MM-DD)
Property Name Enter the name of the development.
County Enter the county (or equivalent) in which the building is located.
BIN # Enter the Building Identification Number (BIN) assigned to the building (from IRS
Form 8609).
Address Enter the address of the building.
Unit Number Enter the unit number.
# Bedrooms
*Vacant Unit
Enter the number of bedrooms in the unit.
Check if unit was vacant on December 31 of requesting year.
Part II - Household Composition
List all occupants of the unit. State each household member’s relationship to the head of household by using one of the foll owing
coded definitions:
H - Head of Household S - Spouse
A - Adult co-tenant O - Other family member
C - Child F - Foster child(ren)/adult(s)
L - Live-in caretaker N - None of the above
Enter the date of birth, student status, and last four digits of social security number or alien registration number for each occupant.
If tenant does not have a Social Security Number (SSN) or alien registration number, please enter the numerical birth month a nd
last two digits of birth year (e.g. birthday January 1, 1970, e nter “0170”). If tenant has no SSN number or date of birth, please enter
the last 4 digits of the BIN.
If there are more than 7 occupants, use an additional sheet of paper to list the remaining household members and attach it to the
certification.
December 19, 2017 Contra Costa County Board of Supervisors Minutes 541
E-6
Part III - Annual Income
See HUD Handbook 4350.3 for complete instructions on verifying and calculating income, including acceptable forms of
verification.
From the third party verification forms obtained from each income source, enter the gross amount anticipated to be received for the
twelve months from the effective date of the (re)certification. Complete a separate line for each income-earning member. List each
respective household member number from Part II. Include anticipated income only if documentation exists verifying pending
employment. If any adult states zero-income, please note “zero” in the columns of Part III.
Column (A) Enter the annual amount of wages, salaries, tips, commissions, bonuses, and other income from
employment; distributed profits and/or net income from a business.
Column (B) Enter the annual amount of Social Security, Supplemental Security Income, pensions, military
retirement, etc.
Column (C) Enter the annual amount of income received from public assistance (i.e., TANF, general assistance,
disability, etc.).
Column (D) Enter the annual amount of alimony, child support, unemployment benefits, or any other income
regularly received by the household.
Row (E) Add the totals from columns (A) through (D), above. Enter this amount.
Part IV - Income from Assets
See HUD Handbook 4350.3 for complete instructions on verifying and calculating income from assets, including acceptable forms
of verification.
From the third party verification forms obtained from each asset source, list the gross amount anticipated to be received during the
twelve months from the effective date of the certification. List the respective household member number from Part II and complete a
separate line for each member.
Column (F) List the type of asset (i.e., checking account, savings account, etc.)
Column (G) Enter C (for current, if the family currently owns or holds the asset), or I (for imputed, if the family
has disposed of the asset for less than fair market value within two years of the effective date of
(re)certification).
Column (H) Enter the cash value of the respective asset.
Column (I) Enter the anticipated annual income from the asset (i.e., savings account balance multiplied by the
annual interest rate).
TOTALS Add the total of Column (H) and Column (I), respectively.
If the total in Column (H) is greater than $5,000, you must do an imputed calculation of asset income. Enter the Total Cash Value,
multiply by 2% and enter the amount in (J), Imputed Income.
Row (K)
Row (L)
*Effective Date of
Income
Certification
Enter the greater of the total in Column (I) or (J)
Total Annual Household Income From all Sources Add (E) and (K) and enter the total
Enter the effective date of the income certification corresponding to the total annual
household income entered in Box L. If annual income certification is not required, this may
be different from the effective date listed in Part I.
Enter the number of tenants corresponding to the total annual household income entered in
December 19, 2017 Contra Costa County Board of Supervisors Minutes 542
E-7
*Household Size
at
Certification
Box L. If annual income certification is not required, this may be different from the number
of tenants listed in Part II.
December 19, 2017 Contra Costa County Board of Supervisors Minutes 543
E-8
HOUSEHOLD CERTIFICATION AND SIGNATURES
After all verifications of income and/or assets have been received and calculated, each household member age 18 or older must sign
and date the Tenant Income Certification. For move-in, it is recommended that the Tenant Income Certification be signed no earlier
than 5 days prior to the effective date of the certification.
Part V – Determination of Income Eligibility
Total Annual Household Income
from all Sources
Enter the number from item (L).
Current Income Limit per Family
Size
Enter the Current Move-in Income Limit for the household size.
Household income at move-in
Household size at move-in
Current Income Limit x 140%
For recertifications, only. Enter the household income from the move-in certification.
On the adjacent line, enter the number of household members from the move-in
certification.
For recertifications only. Multiply the Current Maximum Move-in Income Limit by
140% and enter the total. 140% is based on the Federal Set-Aside of 20/50 or 40/60,
as elected by the owner for the property, not deeper targeting elections of 30%,
40%, 45%, 50%, etc. Below, indicate whether the household income exceeds that
total. If the Gross Annual Income at recertification is greater than
140% of the current income limit, then the available unit rule must be followed.
*Units Meets Income Restriction at
Check the appropriate box for the income restriction that the household meets
according to what is required by the set-aside(s) for the project.
Part VI - Rent
Tenant Paid Rent Enter the amount the tenant pays toward rent (not including rent assistance
payments such as Section 8).
Rent Assistance Enter the amount of rent assistance, if any.
Utility Allowance Enter the utility allowance. If the owner pays all utilities, enter zero.
Other non-optional charges Enter the amount of non-optional charges, such as mandatory garage rent, storage
lockers, charges for services provided by the development, etc.
Gross Rent for Unit Enter the total of Tenant Paid Rent plus Utility Allowance and other non-optional
charges.
Maximum Rent Limit for this unit Enter the maximum allowable gross rent for the unit.
Unit Meets Rent Restriction at Check the appropriate rent restriction that the unit meets according to what is
required by the set-aside(s) for the project.
Part VII - Student Status
If all household members are full time* students, check “yes”. If at least one household member is not a full time student, check “no”.
If “yes” is checked, the appropriate exemption must be listed in the box to the right. If none of the exemptions apply, the household is
ineligible to rent the unit.
Full time is determined by the school the student attends.
December 19, 2017 Contra Costa County Board of Supervisors Minutes 544
E-9
Part VIII – Program Type
Mark the program(s) for which this household’s unit will be counted toward the property’s occupancy requirements . Under each
program marked, indicate the household’s income status as established by this certification/recertification. If the property does not
participate in the HOME, Tax-Exempt Bond, Affordable Housing Disposition, or other housing program, leave those sections blank.
Tax Credit See Part V above.
HOME If the property participates in the HOME program and the unit this household will occupy will count towards the
HOME program set-asides, mark the appropriate box indicting the household’s designation.
Tax Exempt If the property participates in the Tax Exempt Bond program; mark the appropriate box indicating the household’s
designation.
AHDP If the property participates in the Affordable Housing Disposition Program (AHDP), and this household’s un it will
count towards the set-aside requirements, mark the appropriate box indicting the household’s designation.
Other If the property participates in any other affordable housing program, complete the information as appropriate.
SIGNATURE OF OWNER/REPRESENTATIVE
It is the responsibility of the owner or the owner’s representative to sign and date this document immediately following exec ution by
the resident(s).
The responsibility of documenting and determining eligibility (including completing and signing the Tenant Income Certification form)
and ensuring such documentation is kept in the tenant file is extremely important and should be conducted by someone well trained in
tax credit compliance.
These instructions should not be considered a complete guide on tax credit compliance. The responsibility for compliance with federal program
regulations lies with the owner of the building(s) for which the credit is allowable.
PART IX. SUPPLEMENTAL INFORMATION
Tenant Demographic Profile Complete for each member of the household, including minors, for move-in. Use
codes listed on supplemental form for Race, Ethnicity, and Disability Status.
Resident/Applicant Initials All tenants who wish not to furnish supplemental information should initial this
section. Parent/guardian may complete and initial for minor child(ren).
* Please note areas with asterisks are new or have been modified. Please ensure to note the changes or formats now being requested.
December 19, 2017 Contra Costa County Board of Supervisors Minutes 545
E-10
TENANT INCOME CERTIFICATION QUESTIONNAIRE
Name: Telephone Number:
_______________________________________________________ ( )
Initial Certification BIN #
Re-certification
Other Unit #
INCOME INFORMATION
Yes No MONTHLY GROSS INCOME
I am self employed. (List nature of self employment) (use net income from business)
$
I have a job and receive wages, salary, overtime pay, commissions, fees, tips, bonuses,
and/or other compensation: List the businesses and/or companies that pay you:
Name of Employer
1)
2)
3)
$
$
$
I receive cash contributions of gifts including rent or utility payments, on an ongoing
basis from persons not living with me.
$
I receive unemployment benefits. $
I receive Veteran’s Administration, GI Bill, or National Guard/Military
benefits/income.
$
I receive periodic social security payments. $
The household receives unearned income from family members age 17 or under
(example: Social Security, Trust Fund disbursements, etc.).
$
I receive Supplemental Security Income (SSI). $
I receive disability or death benefits other than Social Security.
$
I receive Public Assistance Income (examples: TANF, AFDC) $
I am entitled to receive child support payments.
I am currently receiving child support payments.
If yes, from how many persons do you receive support? ________
I am currently making efforts to collect child support owed to me. List efforts being
made to collect child support:
$
$
I receive alimony/spousal support payments $
I receive periodic payments from trusts, annuities, inheritance, retirement funds or
pensions, insurance policies, or lottery winnings.
If yes, list sources:
1)_____________________________________
2)_____________________________________
$
$
I receive income from real or personal property. (use net earned income)
$
December 19, 2017 Contra Costa County Board of Supervisors Minutes 546
E-11
Student financial aid (public or private, not including student loans)
Subtract cost of tuition from Aid received
$
Asset information
YES NO INTEREST RATE CASH VALUE
I have a checking account(s).
If yes, list bank(s)
1)
2)
%
%
$
$
I have a savings account(s)
If yes, list bank(s)
1)
2)
%
%
$
$
I have a revocable trust(s)
If yes, list bank(s)
1)
%
$
I own real estate.
If yes, provide description:
$
I own stocks, bonds, or Treasury Bills
If yes, list sources/bank names
1)
2)
3)
%
%
%
$
$
$
I have Certificates of Deposit (CD) or Money Market Account(s).
If yes, list sources/bank names
1)
2)
3)
%
%
%
$
$
$
I have an IRA/Lump Sum Pension/Keogh Account/401K.
If yes, list bank(s)
1)
2)
%
%
$
$
I have a whole life insurance policy.
If yes, how many policies
$
I have cash on hand.
$
I have disposed of assets (i.e. gave away money/assets) for less
than the fair market value in the past 2 years.
If yes, list items and date disposed:
1)
2)
$
$
December 19, 2017 Contra Costa County Board of Supervisors Minutes 547
E-12
December 19, 2017 Contra Costa County Board of Supervisors Minutes 548
E-13
STUDENT STATUS
YES NO
Does the household consist of all persons who are full-time students (Examples: College/University, trade school,
etc.)?
Does the household consist of all persons who have been a full-time student in the previous 5 months?
Does your household anticipate becoming an all full-time student household in the next 12 months?
If you answered yes to any of the previous three questions are you:
Receiving assistance under Title IV of the Social Security Act (AFDC/TANF/Cal Works - not SSA/SSI)
Enrolled in a job training program receiving assistance through the Job Training Participation Act (JTPA) or
other similar program
Married and filing (or are entitled to file) a joint tax return
Single parent with a dependant child or children and neither you nor your child(ren) are dependent of
another individual
Previously enrolled in the Foster Care program (age 18-24)
UNDER PENALTIES OF PERJURY, I CERTIFY THAT THE INFORMATION PRESENTED ON THIS FORM IS TRUE AND ACCURATE TO THE BEST OF MY/OUR
KNOWLEDGE. THE UNDERSIGNED FURTHER UNDERSTANDS THAT PROVIDING FALSE REPRESENTATIONS HEREIN CONSTITUTES AN ACT OF
FRAUD. FALSE, MISLEADING OR INCOMPLETE INFORMATION WILL RESULT IN THE DENIAL OF APPLICATION OR TERMINATION OF THE LEASE
AGREEMENT.
PRINTED NAME OF APPLICANT/TENANT SIGNATURE OF APPLICANT/TENANT DATE
WITNESSED BY (SIGNATURE OF OWNER/REPRESENTATIVE) DATE
December 19, 2017 Contra Costa County Board of Supervisors Minutes 549
F-1
EXHIBIT F
CERTIFICATE OF CONTINUING PROGRAM COMPLIANCE
RIVIERA FAMILY APARTMENTS
Witnesseth that on this ____ day of ____________, 20__, the undersigned, having
borrowed certain funds from the County of Contra Costa, California (the “Governmental
Lender”) for the purpose of financing the above-listed multifamily rental housing development
(the “Project”), does hereby certify that:
A. During the preceding twelve-months (i) the Project was continually in compliance
with the Regulatory Agreement, (ii) ____% of the units in the Project were occupied by Low
Income Tenants (minimum of 40%), (iii) the Other Project was continually in compliance with
the Other Regulatory Agreement, and (iv) ____% of the units in the Other Project were occupied
by Low Income Tenants (minimum of 40%).
B. Set forth below is certain information regarding occupancy of the Project and the
Other Project as of the date hereof.
1738 Riviera Avenue 1140 Riviera Avenue
1. Total Units: __________ __________
2. Total Units Occupied: __________ __________
3. Total Units Held Vacant and Available for Rent
to Low Income Tenants __________ __________
4. Total Low Income Units Occupied: __________ __________
5. % of Low Income Units to Total Units % __________% __________%
(equals the Total of Lines 3 and 4, divided by the
lesser of Line 1 or Line 2)
C. The units occupied by Low Income Tenants are of similar size and quality to other
units and are dispersed throughout the Project and the Other Project, respectively.
D. Select appropriate certification: [No unremedied default has occurred under the
Regulatory Agreement, the Other Regulatory Agreement, the Borrower Note, Borrower Loan
Agreement or the Deed of Trust.] [A default has occurred under the ____________. The nature
of the default and the measures being taken to remedy such default are as follows:
_______________.]
E. The representations set forth herein are true and correct to the best of the
undersigned’s knowledge and belief.
December 19, 2017 Contra Costa County Board of Supervisors Minutes 550
F-2
Capitalized terms used in this Certificate and not otherwise defined herein have the
meanings given to such terms in the Amended and Restated Regulatory Agreement and
Declaration of Restrictive Covenants, dated as of December 1, 2017, between the Governmental
Lender and Riviera Family Apartments, L.P., a California limited partnership.
Date: RIVIERA FAMILY APARTMENTS, L.P., a
California limited partnership
By: Stargell Commons LLC,
a California limited liability company,
its general partner
By: Resources for Community Development,
a California nonprofit public benefit
corporation,
its sole member/manager
By:
Daniel Sawislak,
Executive Director
December 19, 2017 Contra Costa County Board of Supervisors Minutes 551
G-1
EXHIBIT G
CDLAC RESOLUTION NO. 16-9
[insert Resolution here]
December 19, 2017 Contra Costa County Board of Supervisors Minutes 552
H-1
EXHIBIT H
CDLAC RESOLUTION NO. 17-____
[insert Resolution here]
December 19, 2017 Contra Costa County Board of Supervisors Minutes 553
RECOMMENDATION(S):
ADOPT Resolution No. 2017/453 approving the Side Letter between Contra Costa County and the California Nurses
Association (CNA) modifying the Preamble and Section 64 Duration of Agreement of the Memorandum of
Understanding to extend the contract from December 31, 2017 through January 31, 2018.
FISCAL IMPACT:
No fiscal impact.
BACKGROUND:
This Side Letter extends the current memorandum of understanding from December 31, 2017 through January 31,
2018, to allow both parties to work together to negotiate an agreement. Both the Preamble and Section 64 - Duration
of Agreement are modified. The effect of this Side Letter is that all other terms and conditions of the MOU,
specifically including Section 60 and 62, are extended accordingly for the new term of the MOU between the County
and CNA (August 1, 2014 – January 31, 2018).
CONSEQUENCE OF NEGATIVE ACTION:
Members will continue working under an expired contract.
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 12/19/2017 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: 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 19, 2017
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: , Deputy
cc: Robert Campbell, Auditor-Controller, Dianne Dinsmore, Human Resources Director, Andrew Dadko, California Nurses Association
C. 85
To:Board of Supervisors
From:David Twa, County Administrator
Date:December 19, 2017
Contra
Costa
County
Subject:Resolution No. 2017/453 - California Nurses Association Side Letter Extending Duration of Agreement
December 19, 2017 Contra Costa County Board of Supervisors Minutes 554
ATTACHMENTS
Resolution No. 2017/453
Side Letter with CNA dated
12-12-17
December 19, 2017 Contra Costa County Board of Supervisors Minutes 555
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
and for Special Districts, Agencies and Authorities Governed by the Board
Adopted this Resolution on 12/19/2017 by the following vote:
AYE:
John Gioia
Candace Andersen
Diane Burgis
Karen Mitchoff
Federal D. Glover
NO:
ABSENT:
ABSTAIN:
RECUSE:
Resolution No. 2017/453
In the Matter of: The Side Letter Agreement between the County of Contra Costa and the California Nurses Association,
extending the Duration of Agreement
The Contra Costa County Board of Supervisors acting solely in its capacity as the governing board of the County of Contra Costa
RESOLVES THAT:
Effective December 12, 2017, the attached Side Letter of Agreement dated December 12, 2017, between the County of Contra
Costa and the California Nurses Association, be ADOPTED.
Contact: Lisa Driscoll, County Finance Director (925)
335-1023
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on
the date shown.
ATTESTED: December 19, 2017
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: , Deputy
cc: Robert Campbell, Auditor-Controller, Dianne Dinsmore, Human Resources Director, Andrew Dadko, California Nurses Association
5
December 19, 2017 Contra Costa County Board of Supervisors Minutes 556
December 19, 2017Contra Costa County Board of Supervisors Minutes557
RECOMMENDATION(S):
AUTHORIZE the Vice-Chair of the Board of Supervisors to sign a comment letter related to the Healthcare Services
Municipal Services Review (MSR) released by the Contra Costa County Local Agency Formation Commission on
December 2, 2017.
FISCAL IMPACT:
No fiscal impact.
BACKGROUND:
On December 2, 2017, the Local Agency Formation Commission (LAFCo) released a public draft of its Healthcare
Services Municipal Services Review (MSR) and solicited comments from the public. On December 13, 2017, LAFCo
held a pubic hearing to receive a report from the consulting firm that authored the MSR, Berkson Associates, and
provide direction to staff. A separate hearing on the matter is scheduled for the January 2018 LAFCo meeting.
LAFCo has requested that public comments be submitted no later than December 29, 2017. Today's action authorizes
the Vice-Chair, on behalf of the Board of Supervisors, to submit comments on the MSR document no later than the
December 29, 2017 due date.
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 12/19/2017 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: Timothy M. Ewell,
(925)335-1036
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the
Board of Supervisors on the date shown.
ATTESTED: December 19, 2017
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc: Lou Ann Texeira, LAFCo Executive Officer
C. 86
To:Board of Supervisors
From:David Twa, County Administrator
Date:December 19, 2017
Contra
Costa
County
Subject:AUTHORIZE THE VICE-CHAIR TO SIGN A COMMENT LETTER RELATED TO THE LAFCO
HEALTHCARE SERVICES MUNICIPAL SERVICES REVIEW
December 19, 2017 Contra Costa County Board of Supervisors Minutes 558
CONSEQUENCE OF NEGATIVE ACTION:
The Vice-Chair will not be authorized to submit a comment letter to LAFCo on behalf of the Board of Supervisors.
CHILDREN'S IMPACT STATEMENT:
No impact.
December 19, 2017 Contra Costa County Board of Supervisors Minutes 559
RECOMMENDATION(S):
APPROVE and AUTHORIZE Arts and Culture Commission of Contra Costa County (AC5), with direct
administrative support and budgetary oversight of the County Administrator, or designee, to host the 20th Annual
Arts Recognition Awards event to be held on January 14, 2018, pursuant to Administrative Bulletin No. 114.
FISCAL IMPACT:
Approval of this request will result in approximate County expenditures of $4,500. AC5 will use state funding and
budgeted general funds for these expenditures. Additionally, AC5 will also receive donated goods and services to
offset some of the County expenses that will also support the State required in-kind match.
BACKGROUND:
AC5 annually recognizes local individuals and organizations who have made a significant artistic or philanthropic
contribution to the Arts in Contra Costa County. Typically AC5 hosts a small reception for the Arts Recognition
Awards winners in October or November when the awardees are announced and recognized at a Board of
Supervisors meeting. Since 2017 marks the 20th anniversary of the Arts Recognition Awards program, AC5 has
budgeted funds to make this a special
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 12/19/2017 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 19, 2017
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Stephanie Mello, Deputy
cc:
C. 87
To:Board of Supervisors
From:David Twa, County Administrator
Date:December 19, 2017
Contra
Costa
County
Subject:County Sponsored 20th Annual Arts Recognition Awards Event
December 19, 2017 Contra Costa County Board of Supervisors Minutes 560
BACKGROUND: (CONT'D)
event that will recognize the 2017 winners, as well as, bring previous awardees together with local artists,
organizations and community members to celebrate all recipients for their contributions to advancing the arts in our
County.
To minimize the fiscal impact of this event, AC5 will receive donated goods and services for this event. These
include pro bono entertainment and donated beverages, equipment and services. Event preparation and day of
coordination has and will rely on volunteers including members of AC5. However, approximately $3,000 for food,
refreshments, and services and approximately $1,500 for marketing and outreach swag, flowers, awards and other
event supplies and services will be necessary to host the event.
Pursuant to Administrative Bulletin 114, AC5 has requested the support of the County Administrator's Office to
secure all necessary approvals to host this event and process the expenditures appropriately.
CONSEQUENCE OF NEGATIVE ACTION:
AC5 will not be able to host the 20th Annual Arts Recognition Awards.
December 19, 2017 Contra Costa County Board of Supervisors Minutes 561
RECOMMENDATION(S):
ACCEPT the Contra Costa County Library Commission 2017 Annual Report and 2018 Work Plan, as recommended
by the County Librarian.
FISCAL IMPACT:
Not applicable.
BACKGROUND:
On June 18, 2002, the Board of Supervisors 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 Library
Commission.
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 12/19/2017 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
Contact: Walt Beveridge
925-608-7730
I hereby certify that this is 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 19, 2017
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: , Deputy
cc:
C. 88
To:Board of Supervisors
From:Melinda Cervantes, County Librarian
Date:December 19, 2017
Contra
Costa
County
Subject:Contra Costa County Library Commission 2017 Annual Report and 2018 Work Plan
December 19, 2017 Contra Costa County Board of Supervisors Minutes 562
CLERK'S ADDENDUM
The Library Commisison has requested additional time to review the report. This matter is RELISTED to a
future date uncertain.
ATTACHMENTS
CCCLC Annual Report
December 19, 2017 Contra Costa County Board of Supervisors Minutes 563
December 19, 2017 Contra Costa County Board of Supervisors Minutes 564
December 19, 2017 Contra Costa County Board of Supervisors Minutes 565
December 19, 2017 Contra Costa County Board of Supervisors Minutes 566
December 19, 2017 Contra Costa County Board of Supervisors Minutes 567
December 19, 2017 Contra Costa County Board of Supervisors Minutes 568
RECOMMENDATION(S):
ACCEPT the Alcohol and Other Drugs Advisory Board 2017 Annual Report, as recommended by the Health
Services Director.
FISCAL IMPACT:
Not applicable.
BACKGROUND:
On June 18, 2002, the Board of Supervisors adopted Resolution No. 2002/377, which requires that each regular and
ongoing board, commission, or committee shall annually report to the Board of Supervisors on its activities,
accomplishments, membership attendance, required training/certification (if any), and proposed work plan or
objectives for the following year, on the second Tuesday in December.
Annual reports shall follow the following format and shall not exceed two typewritten pages:
Advisory Body Name: Contra Costa County Alcohol and Other Drugs Advisory Board
Advisory Body Meeting Time/Location: 1220 Morello Ave. Martinez 4:00 to 6:15PM,
Chair (during the reporting period): Dr. Anne Sutherland
Staff person (during the reporting period): Fatima Matal Sol
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 12/19/2017 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: Fatima Matal Sol,
335-3307
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on
the date shown.
ATTESTED: December 19, 2017
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc: Tasha Scott, Marcy Wilhelm
C. 89
To:Board of Supervisors
From:William Walker, M.D., Health Services Director
Date:December 19, 2017
Contra
Costa
County
Subject:AOD BOARD 2017 ANNUAL REPORT
December 19, 2017 Contra Costa County Board of Supervisors Minutes 569
BACKGROUND: (CONT'D)
Reporting Period: January 1, 2017 to December 31, 2017
I. Activities (1/2 page)
II. Accomplishments (1/2 page)
III. Attendance/Representation (1/4 page)
IV. Training/Certification (1/4 page)
V. Proposed Work Plan/Objectives for Next Year (1/2 page)
ATTACHMENTS
Report
December 19, 2017 Contra Costa County Board of Supervisors Minutes 570
Contra Costa County
Alcohol and Other Drugs Advisory Board
2017 ANNUAL REPORT
Mission (as approved by the Board of Supervisors on August 28, 2012): The mission of
the Contra Costa County Alcohol and Other Drugs Advisory Board is to assess family and
community needs regarding prevention and treatment of alcohol and other drug- related
problems. Resultant findings and recommendations are forwarded to the Health Services
Department and the Board of Supervisors. The Board also serves as an advocate for
these findings and recommendations to the communities that we serve.
Activities:
During this calendar year, the Board adopted goals and priorities which were the
following: (1) Advocate for More Affordable Sober Living Housing, (2) Assess Alcohol and
Other Drugs (AOD) related Reentry Resources and Needs. (3) Support the Reduction of
Youth Use and Access of Alcohol and Marijuana. The Board continued the following
Priority Areas: (1) Promote and Support more Interaction between the Board and its
Constituents; (2) Prepare Recommendations for the Board of Supervisor’s Legislative
Platform as they Relate to AOD (3) Raise Awareness about 55+ AOD Related Needs; and
(4) Increase Awareness of Prescription Drug Abuse.
As in previous years, the Board sponsored annual campaigns to celebrate recovery and
recognize those who combat substance use. Our Board recognized three advocates as
this year’s “Recovery Champions.” On July 18th, the Board of Supervisors (BOS)
recognized six individuals, three organizations and one Youth Leader for their efforts
with the “People Who Make a Difference Awards.” The Executive Committee organized
two presentations to discuss Medication Assisted Treatment in order to educate the
community about available pharmacotherapy to support substance use disorder treatment
along with its risks and benefits as viewed by two different sides.
Drug Medi-Cal (DMC) Organized Delivery System (ODS) for Substance Use
Disorders (SUD)
On July 1, 2017 Alcohol and Other Drugs Services Administration Alcohol and Other
Drugs Services (AODS) began implementing services covered under the DMC-ODS
Waiver. Prior to implementation, the Board participated actively during the planning
process and now we receive monthly updates to monitor the progress of implementation.
The Programs and Services Committee is finalizing a survey to elicit client feedback on
treatment accessibility under the Waiver.
Accomplishments:
Advocate for More Affordable Sober Living Housing.
The Advisory Board participated in the development of the Recovery Residences
Guidelines which were approved in (month) and the Recovery Support Specialist Services
outline that was developed with input from the Board and consumers. The Board sent a
letter recommending the adoption of the Recovery Residence Guidelines to the Director of
the Behavioral Health Division, which included advocating for the use of Substance Abuse
Meeting Time and Location: Generally on the fourth Wednesday of each month from
4:00 to 6:15 pm in Martinez; except when the Board meets within each supervisorial
district to outreach to those residents.
Board: 18 members; 3 from each supervisorial district plus 3 at large. Each member is
appointed by the Board of Supervisors.
Chair: Anne Sutherland M.D. Staff: Fatima Matal Sol
December 19, 2017 Contra Costa County Board of Supervisors Minutes 571
Prevention and Treatment Block Grant (SAPT-BG) funds towards Recovery Residences
once Drug Medi-Cal frees SAPT-BG funding. Towards this end, the Programs and
Services Committee visited Ulikema House to learn about Sober Living Housing. The
Board believes that Ulikema House is a model program and should be replicated across
the county.
Assess AOD-Related Reentry Resources and Needs
The Programs and Services Committee is updating the Client Satisfaction Survey to be
conducted with incarcerated clients. The survey should provide valuable information
regarding the strengths and weaknesses of the SUD treatment received by clients who
recidivated.
Support the Reduction of Youth Use and Access of Alcohol and Marijuana
The Board attended three (3) Strategic Planning Community Forums through which they
listened to community members, who shared their thoughts about what goals should be
the focus of AOD primary prevention. The Community Awareness Committee did an
inventory of AOD Prevention Programs to help prevent duplication of efforts. Members of
the Board have increased the community’s knowledge of Alcohol and Marijuana by
supporting a proclamation for Alcohol Awareness Month, taking part in the
Wellness4Recovery, and tabling at Soulful Softball Sunday and the 3 rd Annual Sobriety
Walk. The Advisory Board has also attended two (2) Board of Supervisors meetings to
speak in reference of the regulatory framework related to Marijuana legalization.
Increase Awareness of Prescription Drug Abuse (PDA). Prescription drug use is still a
matter of concern for the Board. Our members have taken part in multiple events which
include: supporting the implementation of the Prescription Drug Stewardship Ordinance,
distribution of Naloxone kits, and the Dose of Awareness 5K Walk and Health Expo.
Strengthen our Relationships with Existing Committees and Associated Boards and
Commissions. The Board has had a representative attend the Contra Costa County
Inter-jurisdictional Council on Homelessness, Mental Health Commission, CCC MEDS
Coalition, the Consolidated Planning Advisory Workgroup (CPAW), and the Tobacco
Prevention Coalition.
Prepare Recommendations for the Board of Supervisors Legislative Platform as
they Relate to AOD: The Board requested a letter of support from the BOS pertaining to
SB 378 (Portantino) which would give emergency powers to the Alcoholic Beverage
Control (ABC) to temporarily condition or close a business. The Board also requested a
letter of opposition from the Board of Supervisors pertaining to SB 384 (Wiener) which
would allow bars and restaurants to remain open and serve alcohol until 4am.
Advisory Board Challenges: We met during ten months in 2017 and canceled two
meetings due to lack of quorum. This year we experienced a significant number of
vacancies which affected the Board’s ability to make quorum at meetings.
Training and Certification: Upon appointment, new members received an orientation,
which included internal functioning of the Board, the Brown Act and Better Government
Ordinance, confidentiality laws, and AOD services, etc.
Proposed Work Plan/Objectives for 2018: We plan to update our goals and priorities for
2018 next year, which will include community outreach and education as well as
continued participation in the DMC-ODS Plan Implementation. The members of AOD
Advisory Board are grateful to be of service to the BOS and the people of Contra Costa. December 19, 2017 Contra Costa County Board of Supervisors Minutes 572
RECOMMENDATION(S):
ACCEPT the Treasurer’s Quarterly Investment Report (the “Report”) as of September 30, 2017, as recommended by
the County Treasurer-Tax Collector.
FISCAL IMPACT:
None
BACKGROUND:
Government Code Section 53646 requires the County Treasurer to prepare quarterly reports to the Board of
Supervisors describing County investments including type, par value, cost, and market value. Attached please find the
report covering the period July 1, 2017 through September 30, 2017.
As of September 30, 2017, the par value, cost, and market value of Contra Costa County Investment Pool were
$2,997,862,126.88, $2,991,832,551.16 and $2,992,929,050.07, respectively. The weighted yield to maturity was
1.30% and the weighted average days to maturity were 204 days.
As of September 30, 2017, The Treasurer’s investment portfolio was in compliance with Government Code 53600 et.
seq. and with the Treasurer’s current investment
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 12/19/2017 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 19, 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:Russell Watts, Treasurer-Tax Collector
Date:December 19, 2017
Contra
Costa
County
Subject:Treasurer’s Quarterly Investment Report as of September 30, 2017
December 19, 2017 Contra Costa County Board of Supervisors Minutes 573
BACKGROUND: (CONT'D)
policy. Historical activities combined with future cash flow projections indicate that the County has sufficient
liquidity to meet its obligations for the next six months.
December 19, 2017 Contra Costa County Board of Supervisors Minutes 574
RECOMMENDATION(S):
ACCEPT the November 2017 update of the operations of the Employment and Human Services Department,
Community Services Bureau, as recommended by the Employment and Human Services Department Director.
FISCAL IMPACT:
No fiscal impact.
BACKGROUND:
The Employment and Human Services Department submits a monthly report to the Contra Costa County Board of
Supervisors (BOS) to ensure ongoing communication with the County Administrator and BOS regarding any and all
issues pertaining to the Head Start Program and Community Services Bureau.
CONSEQUENCE OF NEGATIVE ACTION:
The Board of Supervisors would not be updated on the activities and operations of the Community Services Bureau.
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 12/19/2017 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 19, 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:Kathy Gallagher, Employment & Human Services Director
Date:December 19, 2017
Contra
Costa
County
Subject:November 2017 Update - Operations of the Employment and Human Services Department, Community Services
Bureau
December 19, 2017 Contra Costa County Board of Supervisors Minutes 575
ATTACHMENTS
CSB Nov 2017 CAO Report
CSB Nov 2017 HS Fiscal
CSB Nov 2017 EHS Fiscal
CSB Nov 2017 CACFP Report
CSB Nov 2017 CC Partnership Fiscal
1
CSB Nov 2017 CC Partnership Fiscal
2
CSB Nov 2017 Credit Card
CSB Nov 2017 LIHEAP
CSB Nov 2017 Menu
December 19, 2017 Contra Costa County Board of Supervisors Minutes 576
Camilla Rand, M.S.
Director
1470 Civic Court, Suite 200
Concord, CA 94520
Tel 925 681 6300
Fax 925 313 8301
www.cccounty.us/ehsd
CSB Nov 2017 CSB To: David Twa, Contra Costa County Administrator
From: Kathy Gallagher, EHSD Director
Subject: Community Services Monthly Report
Date: November 2017
News /Accomplishments
On November 1st, Contra Costa County Board of Supervisors (BOS) and Head Start Policy
Council (PC) representatives came together for the Community Services Bureau’s (CSB)
Annual Joint Meeting at the Clarion Hotel in Concord. The theme for this year's event
was "Get Involved, Make a Difference". Each of BOS had an opportunity to address the
group and share the vision for their districts. Very engaging table discussions followed
among PC parents, community representatives and the supervisors. BOS members were
able to hear directly from our families and community representatives as to what was
important to them and where they wanted attention to be focused in their
communities. The families and community representatives walked away feeling heard
and informed of the many opportunities and ways they could become involved and
make a difference.
Community Services Bureau’s (CSB) State and Federal Compliance Analysts, Nelly Ige
and Sarah Reich, were invited to present at the California Child Development
Administrators Association (CCDAA) Fall Technical Assistance Conference in Sacramento
on November 1, 2017. They shared CSB’s strategies and streamlined procedures for
managing multiple funding sources, and how the Bureau has effectively combined Head
Start with State funding across multiple program types including center-based and
family childcare centers. Participants gained an understanding of the importance of
implementing efficient systems to ensure compliance and explore strategies to bring
back to their programs.
Twenty-Seven (27) CSB families and twenty-five (25) members of the community
attended a Technology Fair at CSB’s GMIII center on October 26, 2017. The free 2 hour
fair was sponsored by TECH Exchange and included training on computer set up,
Internet safety, educational resources and accessing affordable home internet options.
All attendees (one per household) received a free desktop computer with pre-installed
software and one year of complimentary warranty service.
Staff, children and families from all centers celebrated “Food Day” on October 24th. The
Food Bank generously donated a variety of vegetables and fruits to all of CSB centers.
Site staff created a “Farmer’s Market” where children and their parents “purchased” the
fruits and vegetables using “money” from their classrooms’ Dramatic Play areas.
Children and parents had fun selecting and making the “purchase” and teachers
incorporated the event in their classrooms’ discussions.
Sixty-six (66) CSB staff members received Sudden Infant Death Syndrome / Safe Sleep
training during the SIDS awareness month of October. The knowledge gained from this
December 19, 2017 Contra Costa County Board of Supervisors Minutes 577
cc: Policy Council Chair
Family & Human Services Committee
Maureen Burns Vermette , ACF
2
training will support staff in their work to empower families with information to help
reduce SIDS risk factors in their homes.
Site Supervisors and Managers received additional training on “Problem-Solving” at our
October 11th All Cluster Meeting, and Successful Management and Staff Wellness
Training at the November 8th All Cluster Meeting.
GMIII is featured in Chapter 14 of the recently published book – Documentation and
Inquiry in the Early Childhood Classroom. Chapter 14 captures how GMII staff
demonstrate the Reggio Inspired practice of inquiry and reflection in a large Head Start
Center.
I. Status Updates:
a. Caseloads, workload (all programs)
Head Start enrollment: 100%
Early Head Start enrollment: 101.6%
Early Head Start Child Care Partnership enrollment: 102.78%
Early Head Start Child Care Partnership # 2 enrollment (Start-up year)*:
15% of funded enrollment; 100% for current capacity
Head Start Average Daily Attendance: 82.72%
Early Head Start Average Daily Attendance: 83.52%
Early Head Start Child Care Partnership Attendance: 83.52%
Stage 2: 369 families and 583 children
CAPP: 151 families and 253 children
In total: 520 families and 836 children
Incoming transfers from Stage 1: 48 families and 75 children
LIHEAP: 170 households have been assisted
Weatherization: 12 units
b. Staffing:
During the month of November CSB conducted interviews to fill vacant
Administrative Services Assistant III positions. The Bureau is in the
process of making selections and extending the offers. Furthermore,
the Bureau conducted interviews to fill permanent teaching, site
supervisor and clerk positions along with temporary clerk positions.
Interviews are being scheduled to fill vacancies, as well as to increase
the substitute teaching staff pool across all teaching classifications.
CSB is struggling to fill vacant teaching positions in West County. There
are 8 Associate Teacher vacancies and 2 Teacher vacancies. Staff
continues to advertise in an effort to fill vacant positions. CSB is
required to be 100% enrolled at all times, and lack of staffing poses a
challenge in meeting this mandate. We are able to bring substitutes, but
many have no units or experience working with children.
December 19, 2017 Contra Costa County Board of Supervisors Minutes 578
cc: Policy Council Chair
Family & Human Services Committee
Maureen Burns Vermette , ACF
3
c. Union Issues:
o Labor Relations is working with PEU Local 1, Line Staff Unit, to schedule
a Meet & Confer to discuss the transition of two (2) project employees
into the merit system. A Board Order was submitted by CSB to transfer
the project employees into the merit system, but was stopped by the
Union pending the Meet & Confer session.
II. Emerging Issues and Hot Topics:
None
December 19, 2017 Contra Costa County Board of Supervisors Minutes 579
1 2 3 4 5
DESCRIPTION Total Remaining %
YTD Actual Budget Budget YTD
a. PERSONNEL 3,045,941$ 4,203,352$ 1,157,411$ 72%
b. FRINGE BENEFITS 1,865,259 2,586,739 721,480 72%
c. TRAVEL - - - 0%
d. EQUIPMENT - 101,600 101,600 0%
e. SUPPLIES 87,655 207,200 119,545 42%
f. CONTRACTUAL 4,273,073 6,880,965 2,607,892 62%
g. CONSTRUCTION - - - 0%
h. OTHER 828,826 1,445,343 616,517 57%
I. TOTAL DIRECT CHARGES 10,100,754$ 15,425,199$ 5,324,445$ 65%
j. INDIRECT COSTS 680,118 878,928 198,810 77%
k. TOTAL-ALL BUDGET CATEGORIES 10,780,872$ 16,304,127$ 5,523,255$ 66%
In-Kind (Non-Federal Share)3,452,099$ 4,076,032$ 623,933$ 85%
CONTRA COSTA COUNTY
COMMUNITY SERVICES BUREAU
2017 HEAD START PROGRAM
October 2017 Expenditures
December 19, 2017 Contra Costa County Board of Supervisors Minutes 580
1 2 3 4 5 6 7 8 9
Jan-17 Apr-17 Jul-17
thru thru thru Actual Total YTD Total Remaining %
Mar-17 Jun-17 Sep-17 Oct-17 Actual Budget Budget YTD
a. Salaries & Wages (Object Class 6a)
Permanent 1011 875,671 785,929 768,688 303,604 2,733,892 3,426,172 692,280 80%
Temporary 1013 103,918 105,930 67,161 35,040 312,049 777,180 465,131 40%
a. PERSONNEL (Object class 6a)979,588 891,859 835,850 338,644 3,045,941 4,203,352 1,157,411 72%
Fringe Benefits 599,025 527,720 530,568 207,945 1,865,259 2,586,739 721,480 72%
b. FRINGE (Object Class 6b)599,025 527,720 530,568 207,945 1,865,259 2,586,739 721,480 1,865,259
d. EQUIPMENT (Object Class 6d)
4. Other Equipment - - - - - 101,600 101,600 -
d. EQUIPMENT (Object Class 6d)- - - - - 101,600 101,600 -
e. SUPPLIES (Object Class 6e)
1. Office Supplies 7,053 7,122 7,627 14,512 36,314 50,100 13,786 72%
2. Child and Family Services Supplies (Includesclassroom Supplies)12,704 1,694 7,680 285 22,363 28,200 5,837 79%
4. Other Supplies
Health and Safety Supplies - - - - - - -
Computer Supplies, Software Upgrades, Computer Replacement 1,850 2,267 11,631 5,154 20,902 93,400 72,498 22%
Health/Safety Supplies 765 107 37 - 909 5,000 4,091 18%
Mental helath/Diasabilities Supplies 82 359 - - 440 600 160 73%
Miscellaneous Supplies 742 1,856 1,456 40 4,094 21,200 17,106 19%
Emergency Supplies - - 29 - 29 4,500 4,471 1%
Household Supplies 93 1,364 1,018 130 2,605 4,200 1,595 62%
TOTAL SUPPLIES (6e)23,288 14,769 29,477 20,121 87,655 207,200 119,545 42%
f. CONTRACTUAL (Object Class 6f)
1. Adm Svcs (e.g., Legal, Accounting, Temporary Contracts)4,593 25,396 26,076 19,471 75,536 102,000 26,465 74%
Estimated Medical Revenue from Medi-Cal (Org 1432 - credit)- - - - - (380,031) (380,031) 0%
Health Consultant 11,250 11,021 14,000 4,480 40,752 45,700 4,948 89%
5. Training & Technical Assistance - PA11
Interaction - - - - - 3,000 3,000 0%
Diane Godard ($50,000/2)6,250 5,050 - - 11,300 11,500 200 98%
Josephine Lee ($35,000/2)2,550 3,975 - 525 7,050 14,300 7,250 49%
Susan Cooke ($60,000/2)- - - - - 15,000 15,000
7. Delegate Agency Costs
First Baptist Church Head Start PA22 132,151 448,817 254,714 264,851 1,100,533 2,101,965 1,001,432 52%
First Baptist Church Head Start PA20 - - - - - 8,000 8,000 0%
8. Other Contracts
FB-Fairgrounds Partnership (Wrap)11,605 18,920 12,460 - 42,985 74,213 31,228 58%
FB-Fairgrounds Partnership 28,800 42,300 27,450 15,300 113,850 183,600 69,750 62%
FB-E. Leland/Mercy Housing Partnership - - - - - - -
Martinez ECC (18 HS slots x $225/mo x 12/mo)18,000 27,000 17,325 - 62,325 108,000 45,675 58%
YMCA of the East Bay (20 HS slots x $225/mo x 12/mo) 9,000 - - - 9,000 9,000 - 100%
YMCA Richmond CDC, Lucas Ave.(48 slots x 12 x $350) $201,600 - - - - - 100,800 100,800 0%
YMCA 8th CDC, Lucas Ave.(48 slots x 12 x $350) $201,600 - - - - - 100,800 100,800 0%
YMCA Giant Rd. CDC (16 slots x 12 x $350) $67,200 - - - - - 33,600 33,600 0%
YMCA Rodeo CDC(24 slots x 12 x $350) $100,800 - - - - - 50,400 50,400 0%
Child Outcome Planning and Administration (COPA/Nulinx) 4,715 2,518 - 8,625 15,858 17,500 1,642 91%
Enhancement/wrap-around HS slots with State CD Program 2,488 1,040,642 1,179,973 570,782 2,793,885 4,281,618 1,487,733 65%
f. CONTRACTUAL (Object Class 6f)231,403 1,625,638 1,531,998 884,035 4,273,073 6,880,965 2,607,892 62%
h. OTHER (Object Class 6h)
2. Bldg Occupancy Costs/Rents & Leases 88,469 86,976 53,619 27,351 256,415 341,200 84,785 75%
(Rents & Leases/Other Income)- - (1,325) - (1,325) - 1,325
4. Utilities, Telephone 61,337 72,769 49,820 19,049 202,974 275,000 72,026 74%
5. Building and Child Liability Insurance 2,770 - - - 2,770 3,500 731 79%
6. Bldg. Maintenance/Repair and Other Occupancy 2,129 9,819 9,041 1,568 22,556 35,000 12,444 64%
8. Local Travel (55.5 cents per mile effective 1/1/2012)5,919 10,233 5,770 2,434 24,356 36,000 11,644 68%
9. Nutrition Services - - - - -
Child Nutrition Costs 74,312 95,198 6,289 27,507 203,307 450,000 246,694 45%
(CCFP & USDA Reimbursements)(95,310) (51,318) 1 (3,805) (150,432) (200,000) (49,568) 75%
13. Parent Services - - - -
Parent Conference Registration - PA11 - - 828 760 1,588 1,700 112 93%
PC Orientation, Trainings, Materials & Translation - PA11 1,577 2,376 144 - 4,097 5,700 1,603 72%
Parent Activities (Sites, PC, BOS luncheon) & Appreciation 619 47 2,992 - 3,658 4,000 342 91%
Child Care/Mileage Reimbursement 2,163 2,223 797 1,308 6,492 10,700 4,208 61%
14. Accounting & Legal Services - - - -
Auditor Controllers 973 - - 791 1,764 2,000 236 88%
Data Processing/Other Services & Supplies 2,906 3,403 2,870 1,436 10,615 14,900 4,285 71%
15. Publications/Advertising/Printing - - - -
Outreach/Printing 75 - - - 75 100 25 75%
Recruitment Advertising (Newspaper, Brochures)7,142 - - - 7,142 9,000 1,858 79%
16. Training or Staff Development - - - - - -
Agency Memberships (WIPFLI, Meeting Fees, NHSA, NAEYC, etc.)2,612 6,543 3,591 1,840 14,586 8,598 (5,988) 170%
Staff Trainings/Dev. Conf. Registrations/Memberships - PA11 9,672 13,477 10,086 4,058 37,294 20,000 (17,294) 186%
17. Other -
Site Security Guards 6,274 8,944 254 222 15,694 32,000 16,306 49%
Dental/Medical Services - - - - - 1,000 1,000 0%
Vehicle Operating/Maintenance & Repair 10,879 18,701 8,152 13,528 51,260 79,000 27,740 65%
Equipment Maintenance Repair & Rental 12,746 13,505 17,910 10,372 54,534 140,000 85,466 39%
Dept. of Health and Human Services-data Base (CORD)839 - - - 839 12,000 11,161 7%
Other Operating Expenses (Facs Admin/Other admin)13,510 21,614 15,839 7,605 58,568 89,945 31,377 65%
h. OTHER (6h)211,613 314,511 186,677 116,026 828,826 1,445,343 616,517 57%
I. TOTAL DIRECT CHARGES (6a-6h)2,044,917 3,374,497 3,114,569 1,566,770 10,100,754 15,425,199 5,324,445 65%
j. INDIRECT COSTS 184,523 238,804 104,639 152,152 680,118 878,928 198,810 77%
k. TOTALS (ALL BUDGET CATEGORIES)2,229,440 3,613,301 3,219,209 1,718,923 10,780,872 16,304,127 5,523,255 66%
Non-Federal Share (In-kind)337,367 645,666 1,609,604 859,461 3,452,099 4,076,032 623,933 85%
CONTRA COSTA COUNTY
COMMUNITY SERVICES BUREAU
2017 HEAD START PROGRAM
October 2017 Expenditures
December 19, 2017 Contra Costa County Board of Supervisors Minutes 581
1 2 3 4 5
DESCRIPTION Total Remaining %
YTD Actual Budget Budget YTD
a. PERSONNEL 388,679$ 532,702$ 144,023$ 73%
b. FRINGE BENEFITS 219,714 368,092 148,378 60%
c. TRAVEL - - - 0%
d. EQUIPMENT - 15,400 15,400 0%
e. SUPPLIES 19,020 29,700 10,680 64%
f. CONTRACTUAL 2,192,463 2,422,286 229,823 91%
g. CONSTRUCTION - - - 0%
h. OTHER 44,022 85,344 41,322 52%
I. TOTAL DIRECT CHARGES 2,863,898$ 3,453,524$ 589,626$ 83%
j. INDIRECT COSTS 90,938 109,420 18,482 83%
k. TOTAL-ALL BUDGET CATEGORIES 2,954,835$ 3,562,944$ 608,109$ 83%
In-Kind (Non-Federal Share)830,219$ 893,189$ 62,969$ 93%
CONTRA COSTA COUNTY
COMMUNITY SERVICES BUREAU
2017 EARLY HEAD START PROGRAM
October 2017 Expenditures
December 19, 2017 Contra Costa County Board of Supervisors Minutes 582
1 2 3 4 5 6 7 8 9
Jan-17 Apr-17 Jul-17
thru thru thru Actual Total YTD Total Remaining %
Mar-17 Jun-17 Sep-17 Oct-17 Actual Budget Budget YTD
Expenditures
a. Salaries & Wages (Object Class 6a)
Permanent 1011 122,999 105,938 87,630 25,573 342,140 455,298 113,158 75%
Temporary 1013 14,255 16,424 12,812 3,047 46,539 77,404 30,865 60%
a. PERSONNEL (Object class 6a)137,254 122,362 100,441 28,621 388,679 532,702 144,023 73%
b. FRINGE (Object Class 6b)78,063 68,053 55,605 17,993 219,714 368,092 148,378 60%
d. EQUIPMENT (Object Class 6d)
2. Classroom/Outdoor/Home-based/FCC - - - - - 15,400 15,400 0%
d. EQUIPMENT (Object Class 6d)- - - - - 15,400 15,400 0%
e. SUPPLIES (Object Class 6e)
1. Office Supplies 425 (1,853) 174 2,376 1,123 4,500 3,377 25%
2. Child and Family Serv. Supplies/classroom Supplies 1,821 9,332 198 288 11,639 12,000 361 97%
4. Other Supplies - - - - - -
Computer Supplies, Software Upgrades, Comp Replacemnt- 375 2,411 1,056 3,842 7,000 3,158 55%
Health/Safety Supplies - - - - - 2,500 2,500 0%
Miscellaneous Supplies 44 265 - 32 341 1,200 859 28%
Household Supplies - 1,902 149 24 2,075 2,500 425
e. SUPPLIES (Object Class 6e)2,290 10,020 2,933 3,777 19,020 29,700 10,680 64%
f. CONTRACTUAL (Object Class 6f)
2. Health/Disabilities Services - - - - - -
Health Consultant 4,822 4,723 6,000 1,920 17,464 18,300 836 95%
5. Training & Technical Assistance - PA11 - - - -
Interaction - - - - - 10,500 10,500 0%
Josephine Lee ($35,000/2)2,550 3,975 - - 6,525 14,000 7,475 47%
8. Other Contracts -
FB-Fairgrounds Partnership 9,800 14,700 14,000 7,000 45,500 61,600 16,100 74%
FB-E. Leland/Mercy Housing Partnership 21,000 31,500 30,000 15,000 97,500 132,000 34,500 74%
Apiranet - 222,000 (60,000) 39,400 201,400 322,900 121,500 62%
Crossroads - - - - - 42,000 42,000 0%
Martinez ECC 11,200 16,800 14,500 19,100 61,600 96,000 34,400 64%
Child Outcome Planning & Admini. (COPA/Nulinx)680 - - 1,041 1,722 3,000 1,278 57%
Enhancement/wrap-around HS slots with State CD Prog.348,052 742,889 442,563 227,248 1,760,752 1,721,986 (38,766) 102%
f. CONTRACTUAL (Object Class 6f)398,104 1,036,587 447,063 310,710 2,192,463 2,422,286 229,823 91%
h. OTHER (Object Class 6h)
2. Bldg Occupancy Costs/Rents & Leases 327 542 393 4 1,266 1,500 234 84%
(Rents & Leases/Other Income)- - - - - - -
4. Utilities, Telephone 526 751 318 177 1,772 4,000 2,228 44%
5. Building and Child Liability Insurance - - - - - - -
6. Bldg. Maintenance/Repair and Other Occupancy 132 306 1,758 24 2,220 1,500 (720) 148%
8. Local Travel (55.5 cents per mile)1,179 1,860 870 389 4,299 6,300 2,001 68%
9. Nutrition Services - - - - - - -
Child Nutrition Costs 239 380 - - 619 600 (19) 103%
(CCFP & USDA Reimbursements)(307) (74) 0 - (381) (500) (119)
13. Parent Services - - -
PC Orientation, Trainings, Materials & Translation - PA11351 1,254 312 182 2,099 1,700 (399) 123%
Policy Council Activities - - 748 53 801 900 99 89%
Child Care/Mileage Reimbursement 262 1,006 186 160 1,613 1,500 (113) 108%
14. Accounting & Legal Services - - -
Auditor Controllers - - - - - 1,000 1,000 0%
Data Processing/Other Services & Supplies 651 651 601 301 2,203 2,300 97 96%
15. Publications/Advertising/Printing - - -
Recruitment Advertising (Newspaper, Brochures)- - - - - 100 100
16. Training or Staff Development - - -
Agency Memberships (WIPFLI, Meeting Fees, NHSA, NAEYC)6 1,500 1,575 - 3,081 10,200 7,119 30%
Staff Trainings/Dev. Conf. Registrations/Memberships - PA115,725 3,624 1,832 - 11,181 28,244 17,063 40%
17. Other - - -
Vehicle Operating/Maintenance & Repair 3,310 525 1,228 4,886 9,949 10,000 51 99%
Equipment Maintenance Repair & Rental 72 100 65 21 258 2,000 1,742 13%
Other Operating Expenses (Facs Admin/Other admin)708 1,473 628 234 3,042 5,000 1,958 61%
Other Departmental Expenses - - - - - 9,000 9,000
h. OTHER (6h)13,180 13,899 10,512 6,431 44,022 85,344 41,322 52%
I. TOTAL DIRECT CHARGES (6a-6h)628,892 1,250,921 616,554 367,532 2,863,898 3,453,524 589,626 83%
j. INDIRECT COSTS 25,592 35,954 15,083 14,308 90,938 109,420 18,482 83%
k. TOTALS - ALL BUDGET CATEGORIES 654,484 1,286,875 631,637 381,840 2,954,835 3,562,944 608,109 83%
Non-Federal Match (In-Kind)163,621 321,719 249,420 95,460 830,219 893,189 62,969 93%
CONTRA COSTA COUNTY
COMMUNITY SERVICES BUREAU
2017 EARLY HEAD START PROGRAM
October 2017 Expenditures
December 19, 2017 Contra Costa County Board of Supervisors Minutes 583
2017
Month covered September
Approved sites operated this month 15
Number of days meals served this month 20
Average daily participation 690
Child Care Center Meals Served:
Breakfast 11,590
Lunch 13,802
Supplements 10,257
Total Number of Meals Served 35,649
fldr/fn:2017 CAO Monthly Reports
FY 2017-2018
EMPLOYMENT & HUMAN SERVICES DEPARTMENT
COMMUNITY SERVICES BUREAU
CHILD NUTRITION FOOD SERVICES
CHILD and ADULT CARE FOOD PROGRAM MEALS SERVED
December 19, 2017 Contra Costa County Board of Supervisors Minutes 584
1 2 3 4 5
DESCRIPTION Total Remaining %
YTD Actual Budget Budget YTD
a. PERSONNEL 104,391$ 299,555$ 195,164$ 35%
b. FRINGE BENEFITS 64,042 216,733 152,691 30%
c. TRAVEL - - - 0%
d. EQUIPMENT - - - 0%
e. SUPPLIES 4,203 4,800 597 88%
f. CONTRACTUAL 104,415 456,920 352,505 23%
g. CONSTRUCTION - 0%
h. OTHER 32,806 50,813 18,007 65%
I. TOTAL DIRECT CHARGES 309,858$ 1,028,821$ 718,963$ 30%
j. INDIRECT COSTS 25,098 62,557 37,459 40%
k. TOTAL-ALL BUDGET CATEGORIES 334,956$ 1,091,378$ 756,422$ 31%
In-Kind (Non-Federal Share)56,092$ 272,845$ 216,753$ 21%
CONTRA COSTA COUNTY
COMMUNITY SERVICES BUREAU
EARLY HEAD START- CC PARTNERSHIP
October 2017 Expenditures
December 19, 2017 Contra Costa County Board of Supervisors Minutes 585
1 2 3 4 5 6 7
Jul-17
thru Actual Total YTD Total Remaining %
Sep-17 Oct-17 Actual Budget Budget YTD
Expenditures
a. Salaries & Wages (Object Class 6a)
Permanent 1011 86,175 18,216 104,391 299,555 195,164 35%
Temporary 1013 - - - - -
a. PERSONNEL (Object class 6a)86,175 18,216 104,391 299,555 195,164 35%
b. FRINGE BENEFITS (Object Class 6b)
Fringe Benefits 52,846 11,196 64,042 216,733 152,691 30%
b. FRINGE (Object Class 6b)52,846 11,196 64,042 216,733 152,691 30%
e. SUPPLIES (Object Class 6e)
1. Office Supplies 61 1,051 1,112 1,000 (112) 111%
2. Child and Family Serv. Supplies/classroom Supplies 40 522 562 1,200 638 47%
4. Other Supplies -
Computer Supplies, Software Upgrades, Comp Replacemnt 1,089 472 1,561 1,200 (361) 130%
Miscellaneous Supplies - 22 22 100 78 22%
Household Supplies 936 11 946 1,300 354 73%
e. SUPPLIES (Object Class 6e)2,125 2,078 4,203 4,800 597 88%
f. CONTRACTUAL (Object Class 6f)
1. Adm Svcs (e.g., Legal, Accounting, Temporary Contracts)- - - 12,000 12,000 0%
8. Other Contracts - 41,415 41,415 312,000 270,585 13%
Contra Costa Child Care Council - - - 20,000 20,000 0%
First Baptist (20 slots x $450)- - - 3,000 3,000 0%
Child Outcome Planning and Administration (COPA/Nulinx)53,000 10,000 63,000 109,920 46,920 57%
Enhancement/wrap-around HS slots with State CD Prog.- - - - -
f. CONTRACTUAL (Object Class 6f)53,000 51,415 104,415 456,920 352,505 23%
h. OTHER (Object Class 6h)
2. Bldg Occupancy Costs/Rents & Leases 4,760 1,177 5,937 3,800 (2,137) 156%
(Rents & Leases/Other Income)- - - - -
4. Utilities, Telephone 3,210 1,347 4,558 4,000 (558) 114%
5. Building and Child Liability Insurance - - - - -
6. Bldg. Maintenance/Repair and Other Occupancy 1,145 11 1,156 1,400 244 83%
8. Local Travel (54 cents per mile)702 491 1,193 4,200 3,007 28%
13. Parent Services - - - - - 0%
Parent Activities (Sites, PC, BOS luncheon) & Appreciation - - - - -
Child Care/Mileage Reimbursement - - - - -
14. Accounting & Legal Services -
Legal (County Counsel)- - - 1,000 1,000 0%
Auditor Controllers - - - 1,000 1,000 0%
Data Processing/Other Services & Supplies 269 134 403 1,000 597 40%
15. Publications/Advertising/Printing - - - - -
Outreach/Printing - - - 400 400
Recruitment Advertising (Newspaper, Brochures)- - - - -
16. Training or Staff Development -
Agency Memberships (WIPFLI, Meeting Fees, NHSA, NAEYC)- - - - -
Staff Trainings/Dev. Conf. Registrations/Memberships - PA11 14,746 873 15,619 25,907 10,288 60%
17. Other - -
Vehicle Operating/Maintenance & Repair 688 18 706 4,000 3,294 18%
Equipment Maintenance Repair & Rental 2,468 7 2,476 3,000 524 83%
Other Operating Expenses (Facs Admin/Other admin)590 170 760 1,106 346 69%
h. OTHER (6h)28,578 4,228 32,806 50,813 18,007 65%
I. TOTAL DIRECT CHARGES (6a-6h)222,725 87,133 309,858 1,028,821 718,963 30%
j. INDIRECT COSTS 14,702 10,396 25,098 62,557 37,459 40%
k. TOTALS - ALL BUDGET CATEGORIES 237,427 97,529 334,956 1,091,378 756,422 31%
Non-federal Match In-Kind 31,710 24,382 56,092 272,845 216,753 21%
CONTRA COSTA COUNTY
COMMUNITY SERVICES BUREAU
EARLY HEAD START- CC PARTNERSHIP
October 2017 Expenditures
December 19, 2017 Contra Costa County Board of Supervisors Minutes 586
1 2 3 4 5
DESCRIPTION Total Remaining %
YTD Actual Budget Budget YTD
a. PERSONNEL 76,560$ 859,703$ 783,143$ 9%
b. FRINGE BENEFITS 49,528 655,766 606,238 8%
c. TRAVEL - - - 0%
d. EQUIPMENT 388 225,000 224,612 0%
e. SUPPLIES 29,029 382,500 353,471 8%
f. CONTRACTUAL 9,375 1,559,100 1,549,725 1%
g. CONSTRUCTION - 0%
h. OTHER 15,411 681,655 666,244 2%
I. TOTAL DIRECT CHARGES 180,291$ 4,363,724$ 4,183,433$ 4%
j. INDIRECT COSTS 15,578 183,117 167,539 9%
k. TOTAL-ALL BUDGET CATEGORIES 195,869$ 4,546,841$ 4,350,972$ 4%
In-Kind (Non-Federal Share)7,192$ 1,136,710$ 1,129,518$ 1%
CONTRA COSTA COUNTY
COMMUNITY SERVICES BUREAU
EARLY HEAD START- CC PARTNERSHIP #2
September 2017 Expenditures
December 19, 2017 Contra Costa County Board of Supervisors Minutes 587
1 2 3 4 5 6 7
Mar-17 Jul-17
thru thru Total YTD Total Remaining %
Jun-17 Sep-17 Actual Budget Budget YTD
Expenditures
a. Salaries & Wages (Object Class 6a)
Permanent 1011 24,236 52,324 76,560 759,356 682,796 10%
Temporary 1013 - - - 100,347 100,347 0%
a. PERSONNEL (Object class 6a)24,236 52,324 76,560 859,703 783,143 9%
b. FRINGE BENEFITS (Object Class 6b)- -
Fringe Benefits 14,651 34,877 49,528 655,766 606,238 8%
b. FRINGE (Object Class 6b)14,651 34,877 49,528 655,766 606,238 8%
d. EQUIPMENT (Object Class 6d)
1. Office Equipment - 388 388 125,000 124,612 0%
2. Vehicle Purchase - - - 100,000 100,000 0%
d. EQUIPMENT (Object Class 6d)- 388 388 225,000 224,612 0%
e. SUPPLIES (Object Class 6e)
1. Office Supplies - 18 18 2,000 1,982 1%
2. Child and Family Serv. Supplies/classroom Supplies 24,158 3,118 27,275 262,000 234,725 10%
3. Other Supplies - - -
Computer Supplies, Software Upgrades, Comp Replacemnt - 1,724 1,724 12,000 10,276 14%
Health/Safety Supplies - - - 105,500 105,500 0%
Miscellaneous Supplies - - - 500 500 0%
Household Supplies - 13 13 500 487 3%
e. SUPPLIES (Object Class 6e)24,158 4,872 29,029 382,500 353,471 8%
f. CONTRACTUAL (Object Class 6f)
1. Adm Svcs (e.g., Legal, Accounting, Temporary Contracts)- - - 18,000 18,000 0%
1. Health/Disabilities Services - - - - -
Health Consultant - - - 19,500 19,500 0%
2. Training & Technical Assistance - PA11 - - - - -
Interaction - - - 10,000 10,000 0%
Josephine Lee - - - 30,000 30,000 0%
UCSF Benioff 9,375 - 9,375 21,600 12,225 43%
3. Other Contracts
Crossroads (20 slots x 12 x $500)- - - 120,000 120,000 0%
Martinez EEE (16 slots x 12 x $500)- - - 96,000 96,000 0%
Loss of Subsidy - - - 194,000 194,000 0%
Child Outcome Planning and Administration (COPA/Nulinx)- - - 3,000 3,000 0%
Enhancement EHS slots with State Child Dev. Program - - - 1,047,000 1,047,000 0%
f. CONTRACTUAL (Object Class 6f)9,375 - 9,375 1,559,100 1,549,725 1%
h. OTHER (Object Class 6h)- -
1. Bldg Occupancy Costs/Rents & Leases - 230 230 36,000 35,770 1%
2. Utilities, Telephone - 78 78 5,000 4,922 2%
3. Bldg. Maintenance/Repair and Other Occupancy - 102 102 433,300 433,198 0%
4. Local Travel (54 cents per mile)29 219 248 7,000 6,752 4%
5. Parent Services - - -
Parent Conference Registration - PA11 - - - 1,000 1,000 0%
PC Orientation, Trainings, Materials & Translation - PA11 - - - 5,000 5,000 0%
Policy Council Activities - - - 3,000 3,000 0%
Parent Activities (Sites, PC, BOS luncheon) & Appreciation - - - 3,200 3,200 0%
Child Care/Mileage Reimbursement - - - 1,600 1,600 0%
6. Accounting & Legal Services - - -
Audit - - - 500 500 0%
Auditor Controllers - - - 500 500 0%
Data Processing/Other Services & Supplies - 425 425 2,500 2,075 17%
7. Publications/Advertising/Printing - - -
Outreach/Printing - 172 172 1,000 828 17%
Recruitment Advertising (Newspaper, Brochures)- 243 243 1,000 757 24%
8. Training or Staff Development - - -
Agency Memberships (WIPFLI, Meeting Fees, NHSA, NAEYC)- 456 456 22,108 21,652 2%
Staff Trainings/Dev. Conf. Registrations/Memberships - PA116,175 6,085 12,260 60,500 48,240 20%
9. Other - - -
Site Security Guards - - 2,000 2,000 0%
Dental/medical Services - - 500 500 0%
Vehicle Operating/Maintenance & Repair - - - 7,800 7,800 0%
Equipment Maintenance Repair & Rental - 738 738 6,000 5,262 12%
Health and Safety Improvements - - - 3,000 3,000 0%
Other Operating Expenses (Facs Admin/Other admin)205 254 459 79,147 78,688 1%
h. OTHER (6h)6,409 9,002 15,411 681,655 666,244 2%
I. TOTAL DIRECT CHARGES (6a-6h)78,827 101,464 180,291 4,363,724 4,183,433 4%
j. INDIRECT COSTS 9,679 5,899 15,578 183,117 167,539 9%
k. TOTALS - ALL BUDGET CATEGORIES 88,506 107,362 195,869 4,546,841 4,350,972 4%
Non-federal Match In-Kind - 7,192 7,192 1,136,710 1,129,518 1%
CONTRA COSTA COUNTY
COMMUNITY SERVICES BUREAU
EARLY HEAD START- CC PARTNERSHIP #2
September 2017 Expenditures
December 19, 2017 Contra Costa County Board of Supervisors Minutes 588
A - 5
Authorized Users
C. Rand, Bureau Dir xxxx8798
Month:October 2017 K. Mason, Div Mgr xxxx2364
C. Reich, Div Mgr xxxx4959
Credit Card:Visa/U.S. Bank S. Kim, Sr. Business Systems Analyst xxxx1907
C. Johnson, AD xxxx0220
J. Rowley, AD xxxx2391
P. Arrington, AD xxxx3838
I. Renggenathen, AD xxxx2423
R. Radeva, PSA III xxxx1899
Corporate Acct. Number xxxx5045
Acct. code Stat. Date Card Account #Amount Program Purpose/Description
2100 10/23/17 xxxx1907 107.62 Indirect Admin Costs Office Exp
2100 10/23/17 xxxx1907 13.02 FACS Mental Health Program Office Exp
2100 10/23/17 xxxx1907 488.29 Child Care Svs Program Office Exp
2100 10/23/17 xxxx1907 445.57 HS Basic Grant Office Exp
2100 10/23/17 xxxx5045 2.20 Indirect Admin Costs Office Exp
1,056.70
2102 10/23/17 xxxx3838 1,232.13 HS Parent Services Books, Periodicals
1,232.13
2150 10/23/17 xxxx2423 316.62 Child Nutrition Food Services Food
316.62
2200 10/23/17 xxxx3838 775.00 HS Admin Charges Memberships
775.00
2303 10/23/17 xxxx2364 156.35 HS Basic Grant Other Travel Employees
2303 10/23/17 xxxx2364 104.23 EHS-Child Care Partnership #2 Other Travel Employees
2303 10/23/17 xxxx8798 492.45 Child Care Svs Program Other Travel Employees
2303 10/23/17 xxxx3838 126.12 HS Parent Services Other Travel Employees
2303 10/23/17 xxxx3838 14.01 EHS Parent Services Other Travel Employees
893.16
2467 10/23/17 xxxx8798 495.00 FACS Mental Health Program Training & Registration
2467 10/23/17 xxxx3838 29.50 HS Parent Services Training & Registration
2467 10/23/17 xxxx1899 50.00 GM III CS Training & Registration
2467 10/23/17 xxxx1899 25.00 CSPP Full Day/HS Enhanced Training & Registration
599.50
2477 10/23/17 xxxx8798 353.53 HS Basic Grant Educational Supplies
2477 10/23/17 xxxx3838 (8.74) Balboa Site Costs Educational Supplies
2477 10/23/17 xxxx2391 2,634.20 HS Basic Grant Educational Supplies
2,978.99
2479 10/23/17 xxxx1899 899.00 Indirect Admin Costs Other Special Dpmtal Exp
899.00
2490 10/23/17 xxxx4959 3,840.93 EHS-Child Care Partnership #2 Misc Services/Supplies
2490 10/23/17 xxxx4959 51.89 EHS Basis Grant Misc Services/Supplies
2490 10/23/17 xxxx4959 773.93 EHS-Child Care Partnership Misc Services/Supplies
2490 10/23/17 xxxx1907 16.44 HS Parent Services Misc Services/Supplies
2490 10/23/17 xxxx2423 86.78 HS Basic Grant Misc Services/Supplies
2490 10/23/17 xxxx0220 610.52 HS Basic Grant Misc Services/Supplies
5,380.49
Total 14,131.59
COMMUNITY SERVICES BUREAU
SUMMARY CREDIT CARD EXPENDITURE
Agency: Community Services Bureau
12/5/2017
Page 1 of 1
December 19, 2017 Contra Costa County Board of Supervisors Minutes 589
CAO Monthly Report
CSBG and Weatherization Programs
Year-to-Date Expenditures
As of October 31, 2017
1.2017 LIHEAP WX
Contract # 17B-3005
Term: Oct. 1, 2016 - March 31, 2018
Amount: WX $ 963,937
Total Contract 963,937$
Expenditures (619,709)
Balance 344,228$
Expended 64%
2.2017 LIHEAP ECIP/EHA 16
Contract # 17B-3005
Term: Oct. 1, 2016 - March 31, 2018
Amount: EHA 16 $ 1,034,329
Total Contract 1,034,329$
Expenditures (739,358)
Balance 294,971$
Expended 71%
4.2017 COMMUNITY SERVICES BLOCK GRANT (CSBG)
Contract # 17F-2007
Term: Jan. 1, 2017 - December 31, 2017
Amount: $ 846,479
Total Contract 846,479$
Expenditures (578,043)
Balance 268,436$
Expended 68%
fldr/fn:CAO Monthly Reports/WX YTD Exp-CAO Mo Rprt 10-2017
December 19, 2017 Contra Costa County Board of Supervisors Minutes 590
November 2017 – COMMUNITY SERVICES BUREAU PRESCHOOL MENU
ALL BREAKFAST & LUNCH SERVED WITH
1% LOW-FAT MILK
*Indicates vegetable included in
main dish
WATER IS OFFERED
THROUGHOUT THE DAY
1
BREAKFAST
½ c. PINEAPPLE TIDBITS
½ ea. WHOLE WHEAT BAGEL/CREAM CHEESE
LUNCH
¾ c. *CHICKEN VEGETABLE GUMBO
(diced chicken, tomatoes, & okra)
¼ c. FRESH APPLE
¼ c. BROWN RICE
PM SNACK
1 pkg. ANIMAL CRACKERS
½ c. 1% LOW-FAT MILK
2
BREAKFAST
½ c. UNSWEETENED APPLESAUCE
½ sl. WHOLE WHEAT CINNAMON BREAD
LUNCH - NATIONAL DEVILED EGG DAY
1 ea. DEVILED EGG/MAYO & MUSTARD
¼ c. CELERY STICKS
¼ c. FRESH STRAWBERRIES
1 sl. WHOLE WHEAT BREAD
PM SNACK
½ c. FRESH ORANGE
6 ea. WHEAT THIN CRACKERS
3
BREAKFAST
1 ea. FRESH BANANA
⅓ c. CHEERIOS
LUNCH
1 ea. TURKEY WRAP
LOW-FAT CREAM CHEESE
¼ c. BABY SPINACH & BELL PEPPERS STRIPS
1 sl. FRESH CANTALOUPE
1 ea. WHOLE WHEAT TORTILLA
PM SNACK
1 tbsp. SUNBUTTER
½ c. FRESH APPLE SLICES
6 BREAKFAST
½ c. FRESH ORANGE
⅓ c. RICE CHEX CEREAL
LUNCH
1 ea. BAJA BEAN WRAP
(refried Beans, chunky salsa)
¼ c. FRESH JICAMA STICKS
¼ c. FRESH KIWI
1 ea. WHOLE WHEAT TORTILLA
PM SNACK
1 pkg. GRAHAM CRACKERS
½ c. 1% LOW-FAT MILK
7
BREAKFAST
½ c. FRESH STRAWBERRIES
⅓ c. CORNFLAKE CEREAL
LUNCH
¾ c. + 1 tbsp. *CHICKEN STIR FRY
(diced chicken, mixed oriental vegetables & whole
wheat spaghetti)
¼ c. FRESH HONEYDEW MELON
PM SNACK
2 pkgs. WHEAT CRACKERS
½ c. 1% LOW-FAT MILK
8
BREAKFAST
½ c. FRESH APPLE SLICES
½ ea. WHOLE WHEAT BAGEL/CREAM CHEESE
LUNCH
1½ oz. TURKEY TACOS WITH CHEESE
¼ c. SHREDDED LETTUCE & TOMATOES
¼ c. FRESH ORANGE
2 ea. WHOLE GRAIN MINI CORN TORTILLAS
PM SNACK
½ c. MANGO SALSA
5 ea. CORN TORTILLA CHIPS
9
BREAKFAST
½ c. FRESH PEAR SLICES
⅓ c. BRAN CEREAL
LUNCH NUTRITION EXPERIENCE
1 ea. SUNBUTTER & BANANA WRAP
1 ea. MOZZARELLA STRING CHEESE
¼ c. BABY CARROTS (No Dressing)
1 ea. WHOLE WHEAT TORTILLA
PM SNACK
2 pkgs. RITZ CRACKERS
½ c. 1% LOW-FAT MILK
10
13
BREAKFAST
½ c. FRESH APPLE
⅓ c. BRAN CEREAL
LUNCH
¾ c. *VEGETABLE CHILI
(kidney beans, bulgur wheat & tomatoes)
¼ c. FRESH PEAR
1 ea. WHOLE WHEAT TORTILLA
PM SNACK
1 pkg. GOLDFISH CRACKERS
½ c. 1% LOW-FAT MILK
14
BREAKFAST
½ c. FRESH ORANGE
⅓ c. CORN CHEX CEREAL
LUNCH
1 serv. CHICKEN ENCHILADA CASSEROLE WITH
WHOLE GRAIN TORTILLA CHIPS
¼ c. SPRING SALAD/ITALIAN DRESSING
¼ c. FRESH KIWI
PM SNACK – NUTRITION EXPERIENCE
½ C. CUCUMBER & CARROT STICKS
DILL SCALLION DIP
½ C. 1% LOW-FAT MILK
15
BREAKFAST
½ c. APPLESAUCE
½ sl. WHOLE WHEAT CINNAMON TOAST
LUNCH
⅔ c. GROUND TURKEY & SPAINSH RICE
¼ c. BROCCOLI FLORETS/RANCH DRESSING
¼ c. FRESH TANGERINE
PM SNACK
⅓ c. LETS GO FISHING MIX
(crispix, gold fish crackers, cheese crackers, &
pretzel sticks)
½ c. 1% LOW-FAT MILK
16 BREAKFAST
½ c. PINEAPPLE TIDBITS
½ ea. WHOLE WHEAT BAGEL/CREAM CHEESE
LUNCH
1 ea. MEXICAN PIZZA
(refried beans, tomato paste, salsa, &
mozzarella cheese)
¼ c. JICAMA STICKS
¼ C. FRESH ORANGE
1 ea. WHOLE WHEAT TORTILLA
PM SNACK
6 ea. WHEAT THIN CRACKERS
1 ea. MOZZARELLA STRING CHEESE
17 BREAKFAST
1 ea. FRESH BANANA
⅓ c. KIX CEREAL
LUNCH
1 ½ ozs. TUNA SALAD
(tuna, eggs, mayo, relish, celery, & onions)
¼ c. BABY CARROTS (No Dressing)
¼ c. FRESH APPLE
1 sl. WHOLE WHEAT BREAD
PM SNACK – ANTS ON A LOG
¼ c. CELERY STICKS
1 tbsp. SUNBUTTER (RAISINS)
½ c. 1% LOW-FAT MILK
20 BREAKFAST
½ c. FRESH RED APPLE
⅓ c. RICE CHEX CEREAL
LUNCH
2.5 ozs. REFRIED BEAN BURRITO
½ oz. SHREDDED CHEESE
¼ c. SHREDDED LETTUCE & DICED TOMATOES
¼ c. FRESH TANGERINE
1 ea. WHOLE WHEAT TORTILLA
PM SNACK
2 pkgs. RITZ CRACKERS
½ c. 1% LOW-FAT MILK
21
BREAKFAST
½ c. FRESH KIWI
⅓ c. KIX CEREAL
LUNCH
1 ½ ozs. TURKEY HAM & CHEDDAR CHEESE
MAYO & MUSTARD DRESSING
¼ c. GREEN LEAF LETTUCE & TOMATO SLICE
¼ c. FRESH PEAR
1 sl. WHOLE WHEAT BREAD
PM SNACK
½ c. FRESH APPLE
1 tbsp. SUNBUTTER
22 BREAKFAST
1 ea. FRESH BANANA
⅓ c. CORNFLAKE CEREAL
LUNCH
1 ea. TURKEY ROLLER SANDWICH WITH
CRANBERRY SAUCE
¼ c. BROCCOLI FLORETS/RANCH DRESSING
¼ c. FRESH ORANGE
1 ea. WHOLE WHEAT TORTILLA
PM SNACK
2 pkgs. WHEATWORTH CRACKERS
½ oz. CHEESE SLICE
23
24
27
BREAKFAST
½ c. FRESH ORANGE
⅓ c. BRAN CEREAL
LUNCH
2 tbsp. SUNBUTTER & JELLY SANDWICH
1 oz. CHEESE STICK
¼ c. BABY CARROTS
¼ c. FRESH PEAR
1 sl. WHOLE WHEAT BREAD
PM SNACK
1 pkg. GRAHAM CRACKERS
½ c. 1% LOW-FAT MILK
28
BREAKFAST
½ c. FRESH APPLE
⅓ c. RICE CHEX CEREAL
LUNCH
¾ c. *TURKEY TOMATO & CORN BAKE WITH
WHOLE WHEAT PENNE PASTA
¼ c. FRESH KIWI
PM SNACK
½ c. MANGO CHUNKS
½ c. 1% LOW-FAT MILK
29 BREAKFAST
½ c. FRESH TANGERINE
1 sl. RAISIN BREAD
LUNCH
1 c. *WHITE CHICKEN CHILI
(diced chicken, white beans, tomatoes, cheese, &
light sour cream)
¼ c. FRESH APPLE
6 ea. WHOLE GRAIN TORTILLA CHIPS
PM SNACK
⅓ c. FRIENDS TRAIL MIX
(kix, cheerios, corn chex, raisins, pretzels, &
dried apricots)
½ c. 1% LOW-FAT MILK
30
BREAKFAST
1 ea. FRESH BANANA
⅓ c. CORNFLAKE CEREAL
LUNCH
⅜ c. BLACKEYE PEAS
¼ c. RAINBOW CABBAGE SLAW
¼ c. FRESH ORANGE
1 sq. WHOLE GRAIN CORNBREAD
PM SNACK
⅛ c. COTTAGE CHEESE
½ c. DICED PEACHES
December 19, 2017 Contra Costa County Board of Supervisors Minutes 591
RECOMMENDATION(S):
ACCEPT the 2017 Annual Report of the Internal Operations Committee of the Board of Supervisors.1.
RECOGNIZE the excellent work of the County department staff who provided the requisite information to the
IOC in a timely and professional manner, and members of the Contra Costa community and private industry
who, through their interest in improving the quality of life in Contra Costa County, provided valuable insight
into our discussions, and feedback that helped us to formulate our policy recommendations.
2.
REMOVE without taking any further action the referrals listed under Exhibit A.3.
REFER to the 2018 IOC the items listed under Exhibit B.4.
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 12/19/2017 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 19, 2017
, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc:
C. 92
To:Board of Supervisors
From:INTERNAL OPERATIONS COMMITTEE
Date:December 19, 2017
Contra
Costa
County
Subject:2017 YEAR-END REPORT ON INTERNAL OPERATIONS COMMITTEE REFERRALS AND THEIR
DISPOSITION
December 19, 2017 Contra Costa County Board of Supervisors Minutes 592
FISCAL IMPACT:
None.
BACKGROUND:
During 2017, the Internal Operations Committee (IOC) received 13 referrals from the Board of Supervisors, made 17
reports to the Board, interviewed 15 candidates and made recommendations to fill 14 seats for certain advisory
bodies whose composition requirements must be monitored. Our Committee appreciates the time and effort taken by
the staff to the Board’s advisory bodies to recruit, screen, and nominate individuals to our Committee for approval
and appointment by the Board. Their efforts in this regard allowed the IOC to focus more of its time on the following
subjects:
1. Small Business Enterprise (SBE) and Outreach Programs. The IOC accepted two reports from the Purchasing
Services Manager, together covering the period July through June 2017, and reported out to the Board of Supervisors
on April 25 and October 17, 2017. No changes to the SBE and Outreach Programs were recommended. This is a
standing referral.
REFER
2. County Financial Audit Program . Since 2000, the IOC reviews, each February, the annual schedule of audits and
best practices studies proposed by the Auditor-Controller. The Auditor-Controller’s Office presented a report of their
2016 audits and the proposed 2017 Audit Schedule to the IOC on February 13, 2017. This is a standing referral.
REFER
3. Annual Report on Fleet Internal Service Fund and Disposition of Low Mileage Vehicles . Each year, the Public
Works Department Fleet Manager has analyzed the fleet and annual vehicle usage, and made recommendations to the
IOC on the budget year vehicle replacements and on the intra-County transfer of underutilized vehicles, in
accordance with County policy. In FY 2008/09, following the establishment of an Internal Services Fund (ISF) for
the County Fleet, to be administered by Public Works, the Board requested the IOC to review annually the Public
Works department report on the fleet and on low-mileage vehicles.
The IOC received the 2015/16 fleet report on March 13, 2017 and reported out to the Board of Supervisors on March
21, 2017. This is a standing referral.
REFER
4. Local Bid Preference Program. In 2005, the Board of Supervisors adopted the local bid preference ordinance to
support small local businesses and stimulate the local economy, at no additional cost to the County. Under the
program, if the low bid in a commodities purchase is not from a local vendor, any responsive local vendor who
submitted a bid over $25,000 that was within 5% percent of the lowest bid has the option to submit a new bid. The
local vendor will be awarded if the new bid is in an amount less than or equal to the lowest responsive bid, allowing
the County to favor the local vendor but not at the expense of obtaining the lowest offered price. Since adoption of the
ordinance, the IOC has continued to monitor the effects of the program through annual reports prepared and presented
by the Purchasing Agent or designee.
The Purchasing Services Manager made a FY 2016/17 report to the IOC on September 11, 2017 and the IOC
reported out to the Board of Supervisors on October 17, 2017. This is a standing referral.
REFER
5. Advisory Body Recruitments. On December 12, 2000, the Board of Supervisors approved a policy on the process
for recruiting applicants for selected advisory bodies of the Board. This policy requires an open recruitment for all
vacancies to At Large seats appointed by the Board. The IOC made a determination that it would conduct interviews
for At Large seats on the following bodies: Retirement Board, Fire Advisory Commission, Integrated Pest
Management Advisory Committee, Planning Commission, Treasury Oversight Board, Airport Land Use Commission,
Aviation Advisory Committee and the Fish & Wildlife Committee; and that screening and nomination to fill At
Large seats on all other eligible bodies would be delegated to each body or a subcommittee thereof.
In 2017, the IOC submitted recommendations to the Board of Supervisors to fill 14 vacant seats on various
December 19, 2017 Contra Costa County Board of Supervisors Minutes 593
committees and commissions. The IOC interviewed 8 individuals for seats on the Retirement Board, East Bay
Regional Parks Advisory Committee, East Contra Costa Fire Protection District Board of Directors, and the Law
Library. In 2018, the IOC will need to recruit and interview for CCCFPD Advisory Fire Commission, the County
Planning Commission, the East Bay Regional Parks Advisory Committee, and the Local Enforcement Agency
Independent Hearing Panel. This is a standing referral.
REFER
6. Process for Allocation of Propagation Funds by the Fish and Wildlife Committee. On November 22, 2010, the IOC
received a status report from Department of Conservation and Development (DCD) regarding the allocation of
propagation funds by the Fish and Wildlife Committee (FWC). The IOC accepted the report along with a
recommendation that IOC conduct a preliminary review of annual FWC grant recommendations prior to Board of
Supervisors review. On April 10, 2017, the IOC received a report from DCD proposing, on behalf of the FWC, the
2017 Fish and Wildlife Propagation Fund Grant awards. The IOC approved the proposal and, on April 25, 2017,
recommended grant awards for six projects totaling $102,185, which the Board of Supervisors unanimously
approved. This is a standing referral.
REFER
7. Advisory Body Triennial Review. Beginning in 2010 and concluding in 2011/2012, the Board of Supervisors
conducted an extensive review of advisory body policies and composition, and passed Resolution Nos. 2011/497 and
2011/498, which revised and restated the Board’s governing principles for the bodies. The Resolutions dealt with all
bodies, whether created by the BOS as discretionary or those that the BOS is mandated to create by state or federal
rules, laws or regulations. The Resolutions directed the CAO/COB’s Office to institute a method to conduct a
rotating triennial review of each body and to report on the results of that review and any resulting staff
recommendations to the Board, through the IOC, on a regular basis.
The first phase report of the current Triennial Review Cycle was completed in 2015/16. The second phase was
completed early in 2017 and the third phase was completed in July 2017. The IOC reported out to the Board of
Supervisors on March 21, 2017 and December 5, 2017.
Phase I of the next Triennial Review is in progress and will be scheduled for review by the 2018 Committee. This is a
standing referral.
REFER
8. Animal Benefit Fund Review. On April 21, 2015, the Board of Supervisors received several comments regarding
the Animal Benefit Fund from members of the public during fiscal year 2015/16 budget hearings. On May 12, 2015,
the Board of Supervisors adopted the fiscal year 2015/16 budget, including formal referral of this issue to the Internal
Operations Committee. On September 14, 2015 IOC received a staff report summarizing prior year expenditures and
current fund balance of the Animal Benefit Fund. On March 28, 2016, the IOC approved a proposal to expand the
animal services donation program and reported out to the Board of Supervisors on April 19, 2016. The Board Order
directed the Animal Services Director to report annually to the IOC on the impact of the Animal Benefit Fund on the
community and families, creating a new standing referral. On September 11, 2017, the IOC received the first annual
report on the Animal Benefit Fund covering FY 2016/17 and reported out to the Board of Supervisors on October 17,
2017. This is a standing referral.
REFER
9. Waste Hauler Ordinance. On May 8, 2012, the Board of Supervisors referred to the Internal Operations Committee
a proposal to develop a waste hauler ordinance. The IOC received a preliminary report from the Environmental
Health (EH) Division of the Health Services Department on May 14, 2012 and status report on November 13, 2013
showing substantial work and progress. The IOC requested EH staff to bring a final draft ordinance to the Committee
for further consideration but staff subsequently identified issues with the interplay between the proposal and current
franchise agreements that had to be examined before the County could proceed with an ordinance. The IOC has
continued to work on a draft ordinance with staff and the franchises throughout 2015 and 2016, and introduced an
ordinance on July 11, 2017. The Board directed staff to modify the ordinance on August 15, 2017 and again on
September 26, 2017. The ordinance was modified and adopted by the Board of Supervisors on December 5, 2017.
TERMINATE
December 19, 2017 Contra Costa County Board of Supervisors Minutes 594
10. Community Choice Energy. On August 18, 2015, the Board of Supervisors referred to the IOC the topic of
Community Choice (Energy) Aggregation. Community Choice Aggregation (CCA) is the practice of aggregating
consumer electricity demand within a jurisdiction or region for purposes of procuring energy.
On March 15, 2016, the Board of Supervisors directed staff to work with interested cities in Contra Costa County to
obtain electrical load data from PG&E and conduct a technical study of CCE alternatives. Fourteen Contra Costa
cities participated in the study with nine contributing towards the cost of the study. An outside consulted was engage
to conduct the study, which was presented to the Board of Supervisors on January 17 and May 2, 2017. On May 23,
an ordinance was introduced to join the Marin Energy Authority and on June 6, 2017, the Board adopted the
ordinance. On August 1, 2017, the Board appointed Supervisor Glover to the MCE Board of Directors with
Supervisor Gioia as the Alternate. On August 15, 2017, the Board authorized the Conservation and Development
Department to undertake a Renewable Resource Potential Study to look for opportunities for expanding generation of
renewable energy in the County. As the County has now joined MCE, the Committee’s work on this referral has been
completed.
TERMINATE
11. Animal Noise Ordinance Update. On December 6, 2016, the Board of Supervisors referred to the IOC
development of an ordinance to authorize administrative penalties for barking dogs and other noisy animals, and to
limit the number of roosters on private property in the county unincorporated areas. The IOC reviewed the draft
ordinance at its March and April meetings and chose to bifurcate the proposed ASD ordinance and recommend to the
Board adoption of only the barking dog portion of the ordinance. The IOC introduced the ordinance on May 23 and
the Board of Supervisors adopted the ordinance on June 6, 2017.
TERMINATE
12. Commission for Women Member Attrition. The IOC held a discussion of the recent spate of member
resignations, and concerns that had been expressed by some members about the Commission not closely adhering to
the mission established by the BOS, and a requirement of members to raise funds for the Commission but a with
perceived inability to influence how raised funds were utilized. The Asst. Clerk of the Board advised that the
Commission for Women would be included in the next phase of the triennial advisory body review. The staff report
with recommendations is scheduled to be presented to the IOC in February 2018, at which time the IOC will consider
any additional actions to be taken and direction to staff.
REFER
13. Revitalization of the Agricultural Advisory Task Force. On April 19, 2016, the Board of Supervisors, upon the
IOC’s recommendation, reconstituted the Agricultural Advisory Task Force and approved an updated mission
statement, seat configuration and bylaws. In July 2016, the IOC recruited for Task Force members and received eight
applications. However, in September 2016, Agricultural Director Chad Godoy left County employment and no
further action was taken to establish the Task Force. At the December 20, 2016 Board of Supervisors meeting,
Conservation and Development Director John Kopchik confirmed that DCD had some Reform Land Use Zoning
Policies that relate to agriculture and wished to have them reviewed by the Agricultural Advisory Task Force. The
IOC again, on November 9, 2017, considered re-establishing the Task Force but decided to place the matter on hold
because the Agricultural Director position has been filled only on a part time basis. As the matter has been
suspended, this referral should be terminated until further need.
TERMINATE
EXHIBIT A
LIST OF REFERRALS TO BE REMOVED
10. Community Choice Energy
11. Animal Noise Ordinance
13. Revitalization of the Agricultural Advisory Task Force
9. Waste Hauler Ordinance
December 19, 2017 Contra Costa County Board of Supervisors Minutes 595
EXHIBIT B
LIST OF ITEMS TO BE REFERRED TO THE
2018 INTERNAL OPERATIONS COMMITTEE
Standing Referrals
Continued policy oversight and quarterly monitoring of the Small Business Enterprise and Outreach programs,
and e-Outreach
1.
Review of the annual financial audit schedule2.
Review of annual Master Vehicle Replacement List and disposition of low-mileage vehicles3.
Local Bid Preference Program4.
Advisory Body Candidate Screening/Interview5.
Fish and Wildlife Propagation Fund Allocation6.
Advisory Body Triennial Review7.
Animal Benefit Fund Review8.
Non-Standing Referrals
12. Commission for Women Member Attrition
13. Animal Noise Ordinance Update
2017 Committee:
Appointments:Date Appt Interviewed
HazMat Commission 3/7/2017 4 0
HazMat Commission 3/21/2017 1 0
EBRPD 5/23/2017 1 2
CCCERA 6/13/2017 3 5
CCRCD 6/20/2017 1 0
AHFC 12/5/2017 1 0
ECCFPD 12/19/2017 2 6
Law Library 12/19/2017 1 2
14 15
Reports to BOS:
Redesignate Seat on IPM Adv Cte 3/7/2017
Fleet Internal Services Fund 3/21/2017
Advisory Body Triennial Review Phase II 3/21/2017
Allocation of Fish & Wildlife Propagation Funds 4/25/2017
SBE/Outreach Jul-Dec 2016 4/25/2017
Community Choice Energy 5/2/2017
Animal Noise Ordinance Fines 6/6/2017
Waste Hauler Ordinance 7/11/2017
Refer Aviation Adv Cte vacancy to AC 8/1/2017
Waste Hauler Ordinance 8/15/2017
Waste Hauler Ordinance 9/26/2017
SBE/Outreach/Local Bid Preference Jan-Jun 2017 10/17/2017
Animal Welfare Benefit Fund 10/17/2017
Waste Hauler Ordinance 12/5/2017
Changes to IPM Policy/Bylaws 12/5/2017
BOS Triennial Review Phase III recommendations 12/5/2017
IOC Year End Productivity Report 12/19/2017
December 19, 2017 Contra Costa County Board of Supervisors Minutes 596
CONSEQUENCE OF NEGATIVE ACTION:
Should the Board elect not to approve the recommendations, the Internal Operations Committee will not have clear
direction on the disposition of prior year referrals for discussion in calendar year 2018.
December 19, 2017 Contra Costa County Board of Supervisors Minutes 597
RECOMMENDATION(S):
1. ACKNOWLEDGE that the Board of Supervisors referred eight (8) issues to the Public Protection Committee
(PPC) for its review and consideration during 2017.
2. FIND that the 2017 PPC convened six (6) meetings, worked through and provided an opportunity for public input
on a number of significant Countywide issues.
3. RECOGNIZE the excellent work of the County department staff who provided the requisite information to the PPC
in a timely and professional manner, and members of the Contra Costa community and other public agencies who,
through their interest in improving the quality of life in Contra Costa County, provided valuable insight into our
discussions, and feedback that helped us to formulate our policy recommendations.
4. ACCEPT year-end productivity report and APPROVE recommended disposition of PPC referrals described at the
end of this report.
FISCAL IMPACT:
No fiscal impact. This is an informational report only.
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 12/19/2017 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: Timothy Ewell, (925)
335-1036
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors
on the date shown.
ATTESTED: December 19, 2017
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc:
C. 93
To:Board of Supervisors
From:PUBLIC PROTECTION COMMITTEE
Date:December 19, 2017
Contra
Costa
County
Subject:2017 YEAR-END REPORT ON ACCOMPLISHMENTS AND DISPOSITION OF REMAINING REFERRALS TO
THE PUBLIC PROTECTION COMMITTEE
December 19, 2017 Contra Costa County Board of Supervisors Minutes 598
BACKGROUND:
The Public Protection Committee (PPC) was established on January 8, 2008 to study criminal justice and public
protection issues and formulate recommendations for consideration by the Board of Supervisors. At the December 7,
2017 meeting, the Committee discussed all issues currently on referral and has made the following recommendations
to the Board of Supervisors for the 2018 PPC work-plan:
1. Opportunities to Improve Coordination of Response to Disasters and Other Public Emergencies.
Approximately three weeks following the November 2007 Cosco Busan oil spill, the Sheriff’s Office of Emergency
Services (OES) presented to the Board of Supervisors its assessment of the emergency response efforts, including
what worked well and didn’t work well, and what lessons were learned through those experiences. At the conclusion
of the Board discussion, Supervisor Gioia introduced five recommendations that were approved by the Board.
On February 5, 2008 the Board of Supervisors referred this matter to the PPC for continuing development and
oversight. PPC received a status report from the Office of the Sheriff and Health Services Department in February
2009 and requested the Hazardous Materials Program Manager to report back to the PPC on the development of
mutual aid agreements from local oil refineries. Following a second briefing to the PPC by the Office of the Sheriff,
the PPC reported out to the Board of Supervisors on May 6, 2009 with recommendations for follow-up by the Sheriff
and Human Resources departments. The Health Services Department made a report to the PPC on April 19, 2010
regarding the resources and connections available to respond to hazardous materials emergencies and, again, on
October 18, 2010 regarding who determines which local official participates in incident command if an event is in
Contra Costa County. On December 5, 2011, Health Services reported to our Committee regarding training and
deployment of community volunteers.
In January 2008, the Board of Supervisors referred to the PPC the matter of improving public response to emergency
instructions and protocols through broader and better education, which had previously been on referral to the IOC.
The Board suggested that the PPC work with the Office of the Sheriff, the Health Services Department, and the
CAER (Community Awareness & Emergency Response) Program to determine what educational efforts are being
made and what additional efforts may be undertaken to improve public response and safety during an emergency. In
April 2011, the PPC met with CAER (Community Awareness Emergency Response) Executive Director Tony
Semenza and staff from the Office of the Sheriff and Health Services to discuss what has been done to better inform
the public and what more can be done to improve public response to emergency warnings. CAER provided a thorough
report on its countywide community fairs, and programs targeted at the education system and non-English speaking
populations. The PPC asked CAER to provide a written outreach strategy that describes how new homeowners are
educated about emergency awareness. The Sheriff's Office of Emergency Services provided an update to the
Committee at the April 13, 2015 meeting. In addition, the draft update of the Countywide Emergency Operations
Plan (EOP) was reviewed and forwarded to the BOS for review and approval in 2015. Since there will be
opportunities for the review of future updates to the EOP, we recommend that this issue remain on referral to the
Committee.
Recommendation: REFER to the 2018 PPC
2. Welfare Fraud Investigation and Prosecution. In September 2006, the Employment and Human Services (EHS)
Department updated the Internal Operations Committee (IOC) on its efforts to improve internal security and loss
prevention activities. The IOC had requested the department to report back in nine months on any tools and
procedures that have been developed and implemented to detect changes in income eligibility for welfare benefits.
The EHS Director made follow-up reports to IOC in May and October 2007, describing what policies, procedures,
and practices are employed by the Department to ensure that public benefits are provided only to those who continue
to meet income eligibility requirements, explaining the complaint and follow-through process, and providing
statistical data for 2005/06, 2006/07, and for the first quarter of 2007/08.
Upon creation of the PPC in January 2008, this matter was reassigned from the IOC to the PPC. PPC has received
status reports on this referral in October 2008, June and October 2010, November 2011, November 2012 and, most
recently, in December 2013. The Committee has reviewed the transition of welfare fraud collections from the former
December 19, 2017 Contra Costa County Board of Supervisors Minutes 599
Office of Revenue Collection to the Employment and Human Services Department; the fraud caseload and
percentage of fraud findings; fraud prosecutions and the number of convictions; and the amounts recovered.
The Committee received an annual report on this subject from the District Attorney and Employment and Human
Services Director on September 26, 2016. The Committee wishes to continue monitoring the performance of the
welfare fraud program annually. The Committee did not receive an update on this topic in 2017, but would like the
issue to remain on referral to the Committee for future oversight.
Recommendation: REFER to the 2018 PPC
3. Multi-Language Capability of the Telephone Emergency Notification System (TENS)/Community Warning
System (CWS) Contracts . This matter had been on referral to the IOC since 2000 and was reassigned to the PPC in
January 2008. The PPC met with Sheriff and Health Services Department staff in March 2008 to receive an update on
the County’s efforts to implement multilingual emergency telephone messaging. The Committee learned that the
Federal Communications Commission has before it two rulemaking proceedings that may directly affect practices
and technology for multilingual alerting and public notification. Additionally, the federally-funded Bay Area “Super
Urban Area Safety Initiative” (SUASI) has selected a contractor undertake an assessment and develop a five-year
strategic plan on notification of public emergencies, with an emphasis on special needs populations. The Sheriff’s
Office of Emergency Services reported to the PPC in April 2009 that little has changed since the March 2008 report.
On October 18, 2010, the PPC received a report from the Sheriff’s Office of Emergency Services on the Community
Warning and Telephone Emergency Notification systems, and on developments at the federal level that impact those
systems and related technology. Sheriff staff concluded that multi-lingual public emergency messaging is too
complex to be implemented at the local level and should be initiated at the state and federal levels. New federal
protocols are now being established to provide the framework within which the technological industries and local
agencies can work to develop these capabilities.
In 2011, the Office of the Sheriff has advised staff that a recent conference on emergency notification systems
unveiled nothing extraordinary in terms of language translation. The SUASI project had just commenced and Sheriff
staff have been on the contact list for a workgroup that will be developing a gap analysis, needs assessment, and
five-year strategic plan. This matter has been on committee referral for more than ten years and technology has yet to
provide a feasible solution for multilingual public emergency messaging.
On September 18, 2012, following the Richmond Chevron refinery fire, the Board of Supervisors established an ad
hoc committee to discuss the Community Warning System and Industrial Safety Ordinance. Since that committee is
ad hoc in nature, we recommend that this issue remain on referral to the PPC.
The PPC received two updates on this issue in CY 2015; one on April 13, 2015 and one on November 9, 2015.
Following the November 2015 discussion, the Committee requested the Sheriff's Office to return in six months for an
update.
On May 23, 2016, the Committee received an update from the Sheriff's Office on the status of the TEN system and
directed staff to provide a summary of the CWS/Emergency services protocols for future review of the Committee
and prepare a handout in both English and Spanish that summarizes emergency services protocols.
AtHoc Inc., is a full-service alert and warning company specializing in fixed siren systems and emergency
notification systems. Alerting Solutions, Inc., provides support for the Contra Costa County Community Warning
System. The Contra Costa County Community Warning System consists of 25 separate and linked control centers,
monitoring systems, and communication systems between emergency responders, sirens (40), and other alerting
devices (700+), and automated links to radio and television stations serving the community.
On October 18, 2016, the Board of Supervisors referred a review of the AtHoc, Inc. contract to the Committee for
additional review and discussion and on October 24, 2016, the Committee met to discuss this item. Representatives
from the Sheriff's Office were present to discuss the item and it's importance to the County's Community Warning
System (CWS) operations. Following that discussion, the Committee recommended that the contract be rescheduled
December 19, 2017 Contra Costa County Board of Supervisors Minutes 600
on the Board of Supervisors' agenda for approval, but directed staff to continue reporting on CWS operating contracts
on a periodic basis. Since the Committee had an existing referral on the CWS telephone electronic notification
system (TENS), the issue of CWS contracting was merged with the TENS referral beginning in 2017.
The Committee continues to have interest in monitoring the implementation of a multi-lingual telephone ring down
system and other CWS issues. For this reason, this issue should remain on referral to the Committee in 2018.
Recommendation: REFER to the 2018 PPC
4. County support and coordination of non-profit organization resources to provide prisoner re-entry services,
implementation of AB 109 Public Safety Realignment, and appointment recommendations to the Community
Corrections Partnership . On August 25, 2009, the Board of Supervisors referred to the PPC a presentation by the
Urban Strategies Council on how the County might support and coordinate County and local non-profit organization
resources to create a network of re-entry services for individuals who are leaving jail or prison and are re-integrating
in local communities. On September 14, 2009, the PPC invited the Sheriff-Coroner, County Probation Officer,
District Attorney, Public Defender, Health Services Director, and Employment and Human Services Director to hear
a presentation by the Urban Strategies Council. The PPC encouraged County departments to participate convene a
task force to work develop a network for prisoner re-entry services, which has been meeting independently from the
PPC.
The PPC received a status report from County departments in April 2010. The Employment and Human Services
department reported on its efforts to weave together a network of services, utilizing ARRA funding for the New Start
Program and on the role of One-Stop Centers in finding jobs for state parolees. Probation reported on the impacts of
the anticipated flood of state parolees into the county. The Sheriff reported on the costs for expanding local jail
capacity and possible expanded use of GPS (global positioning systems) use in monitoring state parolees released
back to our county. The Health Services Department reported on its Healthcare for the Homeless Program as a means
to get parolees into the healthcare system and on its development of cross-divisional teams on anti-violence.
Supervisors Glover and Gioia indicated that their staff would continue to coordinate this local initiative when the
Urban Strategies Council exhausts its grant funding from the California Endowment. The PPC continued to monitor
progress on the initiative and, on February 7, 2011, received a presentation of the completed strategic plan and
recommendations. In response to public testimony at the PPC meeting regarding concerns over the "Ban the Box"
element of the plan, the plan recommendations were modified to exclude from the "Ban the Box" requirement certain
identified sensitive positions in public safety and children’s services or as determined by the agency.
On March 22, 2011, representatives from the Urban Strategies Council presented the completed Contra Costa County
Re-entry Strategic Plan (100 pages), an Executive Summary (6 pages) of the plan, and a slide show to the Board of
Supervisors, which approved the strategic plan and implementation recommendations with one modification: rather
than adopt a 'Ban the Box' policy as recommended, which would have removed the question about criminal records
from county employment applications during the initial application, the Board agreed to consider adopting such a
policy at a future date. The Board directed the County Administrator to work with the offices of Supervisors Glover
and Gioia to identify the resources needed to implement the strategic plan and to report back to the Board with his
findings and recommendations.
Later in 2011, the California Legislature passed the Public Safety Realignment Act (Assembly Bills 109), which
transfers responsibility for supervising specific low-level inmates and parolees from the California Department of
Corrections and Rehabilitation (CDCR) to counties. Assembly Bill 109 (AB 109) takes effect October 1, 2011 and
realigns three major areas of the criminal justice system. On a prospective basis, the legislation:
• Transfers the location of incarceration for lower-level offenders (specified non-violent, non-serious, non-sex
offenders) from state prison to local county jail and provides for an expanded role for post-release supervision for
these offenders;
• Transfers responsibility for post-release supervision of lower-level offenders (those released from prison after
having served a sentence for a non-violent, non-serious, and non-sex offense) from the state to the county level by
creating a new category of supervision called Post-Release Community Supervision (PRCS);
December 19, 2017 Contra Costa County Board of Supervisors Minutes 601
• Transfers the housing responsibility for parole and PRCS revocations to local jail custody
AB 109 also tasked the local Community Corrections Partnership (CCP) with recommending to the County Board of
Supervisors a plan for implementing the criminal justice realignment, which shall be deemed accepted by the Board
unless rejected by a 4/5th vote. The Executive Committee of the CCP is composed of the County Probation Officer
(Chair), Sheriff-Coroner, a Chief of Police (represented by the Concord Police Chief in 2014), District Attorney,
Public Defender, Presiding Judge of the Superior Court or designee, and the Behavioral Health Director.
On October 4, 2011, the Board of Supervisors approved the CCP Realignment Implementation Plan, including
budget recommendations for fiscal year 2011/12. Throughout 2012, the PPC received regular status updated from
county staff on the implementation of public safety realignment, including recommendations from the CCP-Executive
Committee for 2012/13 budget planning. On January 15, 2013 the Board of Supervisors approved a 2012/13 budget
for continuing implementation of public safety realignment programming.
The Committee received several reentry/AB 109 related presentations and updates throughout 2014, including
program updates, review of the proposed fiscal year 2014/15 AB 109 Public Safety Realignment budget and made
appointment recommendations to the Board of Supervisors for the CY 2015 Community Corrections Partnership. In
addition, the Committee evaluated the feasibility of submitting a grant proposal for the 2014 Byrne Justice
Assistance Grant (JAG) released by the California Board of State and Community Corrections.
In 2016, the Committee reviewed the FY 2016/17 AB 109 budget proposed by the CCP, made appointment
recommendations for the CY2017 CCP and CCP-Executive Committee to the Board of Supervisors and advised on
grant programs that tie into AB 109 programming infrastructure. In addition, the Committee reviewed the process for
allocating the Community Programs portion of the AB109 budget, which was composed of four separate RFPs for: 1)
Employment and Placement services, 2) Short and Long-Term Housing services, 3) Monitoring and Family
Reunification services and 4) Legal services. In addition, the Committee reviewed the first AB109 Annual Report
assembled by Resource Development Associates on behalf of the Community Corrections Partnership and a
recommendation to establish an Office of Reentry and Justice in the County Administrator's Office. It is
recommended that this matter remain on referral to the 2017 PPC.
In 2017, the Committee continued its oversight responsibilities related to the implementation of AB109 by reviewing
the proposed FY 2017/18 AB109 budget assembled by the CCP, reviewing the FY 2015/16 AB 109 Annual Report
and receiving staff reports regarding plans to update the Countywide Reentry Strategic Plan and AB109 Operational
Plan. The FY 2015/16 AB109 Annual Report was forwarded to the Board on March 14, 2017. At the October and
November 2017 meetings, the Committee had discussion regarding appointments to the CCP and the CCP-Executive
Committees for CY2018. At the November meeting, the Committee recommended the reappointment of all members
with the exception of the CBO-representative seat. The Committee requested the CCP-Community Advisory Board
to make a recommendation regarding appointment to that seat, which will be proposed to the Committee in early
2018. Ultimately, the Board approved the CY2018 appointments as recommended by the Committee on November
14, 2017.
Recommendation: REFER to the 2018 PPC
5. Inmate Welfare Fund/Telecommunications/Visitation Issues. On July 16, 2013, the Board of Supervisors
referred a review of the Inmate Welfare Fund (IWF) and inmate visitation policies to the Public Protection
Committee for review. The Inmate Welfare Fund is authorized by Penal Code § 4025 for the “…benefit, education,
and welfare of the inmates confined within the jail.” The statute also mandates that an itemized accounting of IWF
expenditures must be submitted annually to the County Board of Supervisors.
The Sheriff's Office has made several reports to the Committee throughout 2013 and 2014 regarding funding of IWF
programs, visitation/communication policies and an upcoming RFP for inmate telecommunications services. The
referral was placed on hold pending further discussion and outcomes of state and federal level changes to statute or
rulemaking that could curtail the collection of telephone commissions individuals contacting inmates and wards
housed in county adult and juvenile detention facilities normally pay. Such changes could potentially impact
programming provided within the County's detention facilities.
December 19, 2017 Contra Costa County Board of Supervisors Minutes 602
In late 2015, the Federal Communications Commission (FCC) issued new regulations significantly curtailing the
costs charged to inmates or the families of inmates for use of a jail or prison telecommunications system. During
2016, a final rulemaking process was anticipated by the FCC. Ultimately, the FCC passed updated regulations
related to telecommunications in detention facilities. For this reason, this issue should remain on referral to the
Committee in 2018, but only scheduled at the request of the Sheriff-Coroner.
Recommendation: REFER to the 2018 PPC (to be scheduled at the request of the Sheriff-Coroner)
6. Racial Justice Task Force Project. On April 7, 2015, the Board of Supervisors received a letter from the Contra
Costa County Racial Justice Coalition requesting review of topics within the local criminal justice system. The Public
Protection Committee (the "Committee") generally hears all matters related to public safety within the County.
On July 6, 2015, the Committee initiated discussion regarding this referral and directed staff to research certain items
identified in the Coalition's letter to the Board of Supervisors and return to the Committee in September 2015.
On September 14, 2015, the Committee received a comprehensive report from staff on current data related to race in
the Contra Costa County criminal justice system, information regarding the County's Workplace Diversity Training
and information regarding diversity and implicit bias trainings and presentations from across the country.
On December 14, 2015, the Committee received an update from the Public Defender, District Attorney and Probation
Department on how best to proceed with an update to the Disproportionate Minority Contact (DMC) report
completed in 2008. At that time, the concept of establishing a new task force was discussed. The Committee directed
the three departments above to provide a written project scope and task force composition to the Committee for final
review.
At the November 9, 2015 meeting, the Committee received a brief presentation reintroducing the referral and
providing an update on how the DMC report compares with the statistical data presented at the September meeting.
Following discussion, the Committee directed staff to return in December 2015 following discussions between the
County Probation Officer, District Attorney and Public Defender with thoughts about how to approach a new DMC
initiative in the County.
On April 12, 2016, the Board of Supervisors accepted a report and related recommendations from the Committee
resulting in the formation of a 17-member Disproportionate Minority Contact Task Force composed of the following:
•County Probation Officer
•Public Defender
•District Attorney
•Sheriff-Coroner
•Health Services Director
•Superior Court representative
•County Police Chief’s Association representative
•Mount Diablo Unified School District representative
•Antioch Unified School District representative
•West Contra Costa Unified School District representative
•(5) Community-based organization (CBO) representatives (at least 1 representative from each region of the County
and at least one representative from the faith and family community)
•Mental Health representative (not a County employee)
•Public Member – At Large
Subsequently, a seven-week recruitment process was initiated to fill the (5) five CBO representative seats, the (1) one
Mental Health representative seat and the (1) one Public Member - At Large seat. The deadline for submissions was
June 15, 2016 and the County received a total of 28 applications.
On June 27, 2016, the PPC met to consider making appointments to the (5) five CBO representative seats, the (1) one
December 19, 2017 Contra Costa County Board of Supervisors Minutes 603
Mental Health representative seat and the (1) one Public Member - At Large seat. The PPC nominated to following
individuals to be considered by the full Board of Supervisors:
1.CBO seat 1: Stephanie Medley (RYSE, AB109 CAB) (District I)
2.CBO seat 2: Donnell Jones (CCISCO) (District I)
3.CBO seat 3: Edith Fajardo (ACCE Institute) (District IV)
4.CBO seat 4: My Christian (CCISCO) (District V, but works in District III)
5.CBO seat 5: Dennisha Marsh (First Five CCC; City of Pittsburg Community Advisory Council) (District V)
6.Mental Health: Christine Gerchow, PhD. (Psychologist, Juvenile Hall-Martinez) (District IV)
7.Public (At-Large): Harlan Grossman (Past Chair AB 109 CAB, GARE participant) (District II)
During the meeting, it was noted that Ms. Christine Gerchow had an exceptional background in mental health that
would be very beneficial to the Task Force discussions. Ms. Gerchow is a County employee in the Health Services
department working in the juvenile hall. In light of Ms. Gerchow's qualifications, the Committee voted to recommend
her for appointment to the Mental Health representative seat and request that the full Board remove the requirement
that the Mental Health representative not be a County employee. At the conclusion of the of the meeting, the
Committee directed staff to set a special meeting for early August to consider the final composition of the entire (17)
seventeen member Task Force once all names were received from county departments, school districts, etc. In
addition, the Committee recommended changing the title of the Task Force to the "Racial Justice Task Force", which
was determined to be more reflective of the current efforts to evaluate racial disparities in the local criminal justice
system.
On August 15, 2016, the Committee approved nominations for appointment to the Task Force for consideration by
the Board of Supervisors, including a recommendation that the Superior Court designee seat be a non-voting member
of the Task Force at the request of the Superior Court.
On September 13, 2016, the Board of Supervisors approved the Task Force. The Task Force will make reports to the
Public Protection Committee, as needed, over the course of its work. For this reason, the referral should be continued
to the 2018 PPC
Recommendation: REFER to the 2018 PPC
7. Review of Juvenile Fees assessed by the Probation Department. On July 19, 2016, the Board of Supervisors
referred to the Public Protection Committee a review of fees assessed for services provided while a minor is in the
custody of the Probation Department. Welfare and Institutions Code 903 et seq. provides that the County may assess a
fee for the provision of services to a minor in the custody of its Probation Department. This referral follows a
statewide discussion as to whether or not these fees should be imposed by counties on the parents or legal guardians
of minors in the custody of the County.
On September 26, 2016, the Public Protection Committee accepted an introductory report on the issue and voted
unanimously to refer the issue to the full Board of Supervisors with two separate options: 1) to adopt a temporary
moratorium on the fees and/or 2) refer the issue to the newly formed Racial Justice Task Force for review.
On, October 25, 2016, the Board of Supervisors approved a moratorium on certain juvenile fees and directed staff to
further review the assessment of juvenile fees and report back to the Public Protection Committee. Ultimately, the
Board directed staff and the Committee to return back to the full Board no later than May 2017 with a
recommendation as to whether or not juvenile fees should be permanently repealed. For this reason, we recommend
that this referral remain with the 2017 PPC.
In 2017, the Committee received several updates related to the repeal of certain juvenile fees assessed by the County
via the Probation Department. Ultimately, the Committee recommended and the Board approved the full repeal of
juvenile cost of care fees at the Juvenile Hall and the Orin Allen Youth Rehabilitation Facility. The Juvenile
Electronic Monitoring (JEM) fee was also repealed. The Committee also discussed a process by which to refund
overpayments made by the guardians of juveniles previously in the custody of the Probation Department and
forwarded the issue to the Board on December 12, 2017. The Board subsequently authorized a refund process for
December 19, 2017 Contra Costa County Board of Supervisors Minutes 604
certain juvenile cost of care fees dating back to September 2010 and directed staff to have further discussion at the
PPC in 2018. For this reason, the Committee is recommending that this issue remain on referral for 2018.
Recommendation: REFER to the 2018 PPC
8. County Law Enforcement Participation and Interaction with Federal Immigration Authorities. On February
7, 2017, the Board of Supervisors referred this issue to the Committee for review. Specifically, there has been
growing public concern around the county, especially among immigrant communities, about the nature of local law
enforcement interaction with federal immigration authorities. This concern has been increasing due to the current
political environment and has impacted the willingness of residents of immigrant communities to access certain
health and social services provided by community-based organizations. For example, the Executive Director of Early
Childhood Mental Health has reported that a number of Latino families have canceled mental health appointments for
their children due to concerns over being deported.
The Committee introduced this item at the March 6, 2017 meeting and provided direction to staff, including to
continue monitoring Senate Bill 54 (De Leon), which was ultimately passed by the Legislature and signed into law
by Governor Brown, tracking relevant court cases involving the current federal immigration policies and practices
and to return with information regarding the Sheriff's contract to house federal detainees in County detention
facilities, including Immigration and Customs Enforcement (ICE) detainees.
At the November 2017 meeting, the Committee received an update on this issue, including the status of current
litigation across the country regarding immigration policy and a briefing on the final version of SB 54 (De Leon).
County Counsel provided an analysis of policies of the Sheriff's Office and Probation Department showing against
the future requirements of SB 54 to become effective January 1, 2018. The Committee directed staff to schedule a
special meeting for December 2017 to continue this discussion in advance of the effective date of SB 54 to ensure
that the County is in compliance by that time. Ultimately, the Committee directed staff to return at the February 2018
PPC meeting to provide an update as to the County's implementation of SB 54 and to provide an update on various
litigation items related to federal immigration policy. For these reasons, we recommend that this issue remain on
referral to the Committee in 2018.
Recommendation: REFER to the 2018 PPC
LIST OF ITEMS TO BE REFERRED TO THE
2018 PUBLIC PROTECTION COMMITTEE
Welfare fraud investigation and prosecution
Multilingual capabilities of the telephone emergency notification system/Community Warning System
Contracts
County support and coordination of non-profit organization resources to provide prisoner re-entry services and
implementation of AB109 public safety realignment
Inmate Welfare Fund/Telecommunications/Visitation Issues
Opportunities to improve coordination of response to disasters and other public emergencies
Racial Justice Task Force Project
Review of juvenile fees assessed by the Probation Department
County Law Enforcement Participation and Interaction with Federal Immigration Authorities
CONSEQUENCE OF NEGATIVE ACTION:
The Board of Supervisors will not receive the annual report from the 2017 Public Protection Committee.
CHILDREN'S IMPACT STATEMENT:
No impact.
December 19, 2017 Contra Costa County Board of Supervisors Minutes 605
RECOMMENDATION(S):
ACCEPT the biannual report from the Health Services Department on the HIV Prevention and Needle Exchange
Program.
FISCAL IMPACT:
There is no fiscal impact; the report is informational.
BACKGROUND:
The HIV Prevention and Needle Exchange Program was referred to the Family and Human Services Committee in
October 2002. Family and Human Services Referral No. 61 "HIV Prevention/Needle Exchange Program" was then
re-opened on January 4, 2005 for annual reports to the Committee. At the Committee's December 18, 2014 meeting,
the Committee directed the Health Services Department to provide bi-annual reports regarding the referral and submit
a report to the Board of Supervisors in the intervening years. At any time should the HIV and AIDS exposure data
change significantly, the Health Services Department would notify the Committee. On November 13, 2017, the
Committee received a report on the needle exchange program and approved forwarding the report to the full Board
for review.
CONSEQUENCE OF NEGATIVE ACTION:
The Board will not receive the report as recommended by the Family and Human Services Committee.
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 12/19/2017 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 19, 2017
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc:
C. 94
To:Board of Supervisors
From:FAMILY & HUMAN SERVICES COMMITTEE
Date:December 19, 2017
Contra
Costa
County
Subject:F&HS Referral No. 61 HIV Prevention and Needle Exchange Program Report
December 19, 2017 Contra Costa County Board of Supervisors Minutes 606
ATTACHMENTS
CCHS Needle Exchange Report
Updated
December 19, 2017 Contra Costa County Board of Supervisors Minutes 607
RECOMMENDATIONS
1) Accept this report on needle exchange as part of the comprehensive prevention
program to reduce transmission of HIV in Contra Costa County.
2) Direct the Health Services Department to continue supporting and monitoring
needle exchange services.
SUMMARY
In 2006, the Contra Costa Board of Supervisors:
• Terminated the local State of Emergency first declared on December 14, 1999;
• Authorized the Health Services Department to administer a clean needle and
syringe exchange project pursuant to Health and Safety Code section 121349 et
seq; and
• Directed the Health Services Director to annually report to the Board on the
status of the clean needle and syringe exchange project.
This report satisfies State regulatory requirements to maintain needle exchange services
in Contra Costa.
As of December 2016, 2,614 individuals are living with HIV or AIDS in Contra Costa.
Between 2014 and 2016, the percentage of people living with HIV and identifying
injection drug use (IDU) as the mode of transmission has dropped from 10% of all
those living with HIV to 8%. While the percentage of those newly infected with HIV in
2016 identifying IDU as the mode of transmission increased marginally (2% in 2014 to
3% in 2016), the total numbers remain small (4 individuals newly diagnosed in 2016
attribute their infection to IDU).
Needle exchange services are provided under a contract with HIV Education and
Prevention Project of Alameda County (HEPPAC). The Health Department continues to
provide $54,000 in County General Funds annually to support the weekly operation of
needle exchange services in West and East County. While there has been a drop in the
number of individuals served, there has been an increase in referrals to health and
supportive services this past fiscal year.
Neither needle exchange nor legislative changes allowing pharmacies to dispense
syringes without a prescription have had any apparent negative effect on residents,
businesses or law enforcement in Contra Costa. The availability of needle exchange as
part of a comprehensive continuum of services for injection drug users continues to be
a necessary public health measure to reduce transmission of blood borne diseases in
Contra Costa.
December 19, 2017 Contra Costa County Board of Supervisors Minutes 608
BACKGROUND ON ACCESS TO CLEAN NEEDLES TO REDUCE TRANSMISSION
The California Department of Public Health (CDPH) reports that of the 128,415 people
living with HIV/AIDS in California in 2015, 13% identified their risk for HIV as injection
drug use (IDU).1 Further, the CDPH Office of Viral Hepatitis estimates that at least
60% of Hepatitis C Virus (HCV) infections in the state are associated with injection drug
use. Lack of access to new, sterile injection equipment is one of the primary risk factors
that may lead to sharing of hypodermic needles and syringes, which puts people who
inject drugs at high risk for HIV, HCV, and Hepatitis B infection.2
Needle exchange has been an essential component of Contra Costa’s strategy to reduce
the transmission of HIV attributed to Injection Drug Use (IDU) since 1999, when the
program operated under the Board’s declaration of a State of Emergency to authorize
needle exchange services. Health and Safety Code Section 121349.3 removed the
requirement for a Declaration of Emergency and current regulations now require only
that needle exchange information be provided at an open meeting of the authorizing
body every two years.
From 2005-2010, Contra Costa participated in a statewide Disease Prevention
Demonstration Project (DPDP) to assess the potential to reduce transmission of HIV by
increasing access to sterile needles and syringes. The project evaluation showed lower
injection-related risks among people who inject drugs in those counties with syringe
exchange programs. Additionally, evaluators of the pilot project found lower levels of
unsafe discard of used syringes, no increase in the rate of accidental needle-stick
injuries to law enforcement and no increase in rates of drug use or drug-related crime.3
As a result of the success of the DPDP, 2011 legislation expanded syringe access
through pharmacies throughout the state. Assembly Bill (AB) 1743 (Ting, Chapter 331,
Statutes of 2014) further expanded access in January 2015 by allowing customers to
purchase and possess an unlimited number of syringes. Participating pharmacies must
provide counseling and offer information on safe disposal.
REDUCING TRANSMISSION OF DISEASE
As of December 31, 2016 there were 2,614 individuals reported living with HIV or AIDS
(PLW H/A) in Contra Costa. Roughly 35.5% reside in Central County, 33.7% in West
County, and 30.7% in East County.4
1 https://www.cdph.ca.gov/Programs/CID/DOA/CDPH%20Document%20Library/California%20HIV%20Surveillance%20Report%20-
%202015%20(Final%20Version%20Submitted%20for%20Approval).pdf
2 https://cchealth.org/aids/pdf/Legislation-and-Requirements.pdf 3 The full report of the evaluation can be accessed on the California Department of Public Health, Office of AIDS website
http://www.cdph.ca.gov/programs/Documents/SB1159StateReportFinal.pdf - 4 Data Use Agreement (DUA) Q2 2017
December 19, 2017 Contra Costa County Board of Supervisors Minutes 609
Chart 1: Distribution of all PLWHA by Region in Contra Costa as of 12/31/2016
Of all PLWH/A in Contra Costa, 343 individuals (13%) identify injection drug use or
injection drug use among men who have sex with other men as their mode of
transmission.5 The majority of those identifying injection drug use transmission are in
the West and Central areas of the county,
Chart 2: Distribution of all PLWHA Attributing Infection to Injection Drug Use in
Contra Costa by Region as of 12/31/2016
5 Data from 2016 Data Use Agreement (DUA) Data, Q2 2017.
14%
n=95
16%
n=116
14%
n=131
n=343
Central County
East County
West County
33.70%
35.50%
30.70%
West
Central
East
December 19, 2017 Contra Costa County Board of Supervisors Minutes 610
Chart 3: Mode of Transmission as Percentage of all PLWHA by Region in
Contra Costa in 2016
The number of new HIV infections occurring over the last 3 years (Chart 4) has
increased slightly, averaging 106 new HIV cases per year. A State change in residency
definitions in 2016, coupled with better clinical risk assessments and a move toward
more routine testing for HIV may be contributing factors to the modest increase in
numbers.
Chart 4: New HIV Infections by Year in Contra Costa County (2014—2016)
While West Contra Costa remains the region of the county most impacted by HIV, case
rates of new HIV infections are increasing in East Contra Costa (Chart 5). For that
reason, Needle Exchange services continue to be provided in West and East County.
64% 5% 9% 11% 10% 70% 5.30% 6% 9.60% 8.20% 56.5% 4.4% 8.8% 17.0% 12.0% 0%10%20%30%40%50%60%70%80%
West
Central
East
106
92
121
0
20
40
60
80
100
120
140
2014 2015 2016
December 19, 2017 Contra Costa County Board of Supervisors Minutes 611
Chart 5: Case Rates (Newly Identified HIV) per 100,000 residents by County
Region (2014-2016)
Most new cases of HIV (Chart 6) are men who have sex with other men (MSM).
Individuals with no identified risk or no risk reported (NIR/NRR), about 20% of the
cases, largely consist of women with partners of unknown status.
Chart 6: HIV Incidence by Mode of Exposure among Contra Costa Residents
Newly Identified with HIV Infection (2014-2016)
0
5
10
15
20
West Central East
16.2
6.2
10
13.7
5.4
9.3
15.3
6.6
12.2
2014
2015
2016
0 1 2 3 4 5 6 7 8
Men who Have Sex with Men (MSM)
Injection Drug Users (IDU) /MSM and IDU
Non-Injection Drug-Using Heterosexuals
Adult Other/ Adult Risk Not Reported or
Identified
2016
2015
2014
Rates per 100,000
December 19, 2017 Contra Costa County Board of Supervisors Minutes 612
HIV attributed to injection drug use continues to decline from 2005 and 2006, when
injection drug users comprised about 25% of all People Living with HIV in Contra
Costa.6 Statewide about 4.6% of adult males and 18.5% of adult females report
injection drug use as their primary risk, equating to 6.3% of adults living with HIV or
AIDS. Injection drug users who also report MSM activity account for about 8.1 percent
of those living with HIV or AIDS.7
MATERNAL TRANSMISSION
It often takes two or three months for an accurate diagnosis of HIV or AIDS in a
newborn, since a positive test at birth may reflect maternal antibodies and not HIV.
Children with HIV have usual childhood infections more often and more severely than
uninfected children, and can also be susceptible to the same opportunistic infections as
adults with HIV.
Of the 2,614 individuals living with HIV or AIDS in Contra Costa County, 19 are pediatric
cases: the majority are now adults and 3 are children 12 years of age or younger.
Identification and treatment of HIV positive women in prenatal care is nearly universal,
but we continue to encounter women who do not seek prenatal care prior to delivery.
In 2016, Contra Costa County had one new case of maternally- transmitted HIV. A
comprehensive case review completed by the CCRMC Safety and Performance
Improvement Committee found that while the woman accessed care quite late in
pregnancy, through multiple providers, and was inconsistent in her follow up, several
health care systems could have performed better to better to possibly prevent the tragic
outcome. Systems changes were proposed and there have been no new subsequent
maternal transmission cases reported. Mother and baby are both virally suppressed at
this time.
HEPATITIS C
Hepatitis C infection (HCV) is largely attributed to the use of contaminated needles.
Chronic HCV can lead to scarring of the liver, cirrhosis, liver failure and/or liver cancer.
Across California the number of chronic Hepatitis C carriers continues to be unreliable
due to variation in reporting capacities, changes in patient residences and the high
volume of duplicated positive lab tests. Consequently, in Contra Costa the Acute
Communicable Disease (ACD) program reviews only a fraction of the reports and only
follows extremely acute infections and those with a higher likelihood of yielding
opportunities for contact intervention and transmission interruption. There were 1,313
reports received by the ACD program in calendar year 2016. There may still be
reporting duplication in this subset since large de-duplication efforts still have to be
6 Contra Costa Public Health Division report, July 2006. http://cchealth.org/health-data/pdf/hiv_2006_07.pdf
7 HIV/AIDS Surveillance in California as of December 2015:
https://www.cdph.ca.gov/Programs/CID/DOA/CDPH%20Document%20Library/California%20HIV%20Surveillance%20Report%20-
%202015%20(Final%20Version%20Submitted%20for%20Approval).pdf
December 19, 2017 Contra Costa County Board of Supervisors Minutes 613
completed by the State Health Department to compare previously reported cases across
jurisdictions and against historical reporting systems. The State is reviewing reporting
and recording processes and we will suspend analysis and inclusion of Hepatitis C data
in this report until the data is more accurate.
EXPOSURE IMPACT ON LAW ENFORCEMENT AND FIRST RESPONDERS
Occupational exposure to needle stick injuries (Chart 7) for first responders remains
low. The Communicable Disease Control Program has reviewed reports of exposures
and is in the process of transitioning responsibility for most first responder exposure
follow up back to the Occupational and Risk Management agencies of the respective
departments. Communicable Disease Control remains available for consult as
requested and printed materials are also available on our website at
http://cchealth.org/aids/syringe-exchange.php.
Two of 35 exposures reported in 2015 were needle stick contacts; five of 59 exposures
reported in 2016 were needle stick contacts; and zero of 25 exposures reported from
Jan-July 2017 were needle stick contacts.8 Public Health has received no reports of
subsequent HIV infection as a result of needle stick injury among law enforcement or
first responders.
Chart 7: Reported (Non-Medical) Needle Stick Exposures to First Responders
over Time
NEEDLE EXCHANGE SERVICES, FISCAL YEAR 16/17
All data below is supplied by the needle exchange contractor, HIV Education Prevention
Project of Alameda County (HEPPAC). HEPPAC has provided services since 2012.
Needle exchange services in the region rely on a combination of county general funds
and other funding secured by the contractor through foundations and other
8 Internal data provided by Contra Costa Health Department Communicable Disease Program, September 2017.
0
20
40
60
80
100
120
140
10/11 11/12 12/13 13/14 14/15 15/16 16/17
All Exposures
Needlestick
December 19, 2017 Contra Costa County Board of Supervisors Minutes 614
organizations. The budget funds portions of several staff salaries, including a needle
exchange worker, health promoter, program manager, clerk, and needle exchange
coordinator. The budget also funds supplies. Both service delivery and reporting
continue to improve.
In FY 16/17, HEPPAC noticed a drop in the client case load in West County. The
agency responded by searching for new West County sites, working with local “gate
keepers” to increase utilization by word of mouth to their IDU peers. HEPPAC also
continued the “roving” needle exchange services begun in the previous fiscal year since
that approach proved somewhat successful in increasing the number of individuals
served. Overall, the number of African Americans and Hispanics served through all
needle exchange sites dropped by 38% and 17% respectively compared to the previous
year. At the same time, the number of Whites served increased by 16% from the
previous year.
In East County, the situation is different: the Bay Point and Pittsburg sites yield the
highest volume of syringe exchanges in Contra Costa County. The average client at
East County sites is a Caucasian male between the ages of 40-49. The majority of the
Latino clients are served in the East County sites and the East County sites also have
identifed an increase in the number of participants reporting use of prescription opioid
pills, crushed and modified for injection. This trend is reflective of national trends and
may be a contributing factor in accidental overdose deaths.
HEPPAC also reports a significant increase in health and social services referrals from
871 referrals in the previous year to 941 referrals last year. This positive move is
attributed to HEPPAC’s stronger linkages to health care, substance use treatment, and
other resources.
Even though the total number of clients served has dropped this year, the number
served remains relatively consistent with the number served two years ago, with major
changes in the make-up of the clients being served (i.e. more White and Asian and
fewer African Americans and Latinos). One-for-one syringe exchange continues to be
the core operating principle of needle exchange, and individuals access services for
themselves or exchange on behalf of others. Of the 941 individuals (contacts) served in
the year, 556 (approx. 58%) were male, showing a slight increase in the number of
female clients served (up by 8%). A total of 89% of the contacts were in East County
and 11% in West County. The data reported by HEPPAC shows a continued shift
toward increasing utilization at the East Contra Costa sites. The agency is actively
seeking new sites in West County.
December 19, 2017 Contra Costa County Board of Supervisors Minutes 615
Table 1: Ethnicity Totals Over Time (Needle Exchange Program)
Ethnicity Totals Over Time
FY 14/15 FY 15/16 FY 16/17
African American 313 135 85
White 524 662 769
Latino/Hispanic 139 123 103
Native American 1 2 2
Asian/Pacific Islander 7 14 4
Other 3 3 1
Total 987 939 964
Individuals accessing needle exchange (Chart 8) for themserlves alone are reported as
“Contacts”: the number may contain duplicates.
Chart 8: Reported Individuals (Contacts) At Needle Exchange Services
Exchanging syringes for others is called a secondary exchange. Individuals who
exchange for others report the estimated number of individuals for whom they
exchange syringes, summarized in Chart 9 below. The overall volume of secondary
exchange was lower from the previous year by 10%. Because secondary exchangers
attend needle exchange more than once in a year their numbers are duplicated. The
number of clients they exchange for cannot be verified.
Chart 9: Secondary Exchanges at Needle Exchange Services
900
950
1000
FY 14/15 FY 15/16 FY 16/17
2025
2128
1898
FY 14/15 FY 15/16 FY 16/17Number December 19, 2017 Contra Costa County Board of Supervisors Minutes 616
Finally, as seen in Chart 10, the total number of syringes distributed over time
decreased approximately 15% from the previous year. The decrease is largely
attributed to the drop in secondary exchanges reported by those individuals who
exchange for others.
Chart 10: Reported Number of Syringes Distributed by Fiscal Year
Overall, the agency is performing well and will continue to provide services in both East
and West Contra Costa on a weekly basis. The Public Health program will continue to
monitor service delivery in West County to both assess why the volume of clients has
dropped off and determine if other steps are needed to increase performance.
ALCOHOL AND OTHER DRUG SERVICES
Admissions to AODS services (Chart 11) in Fiscal year 16-17 were up by 20% from the
previous year. The increased enrollment is attributed to several factors, including an
expansion of methadone treatment services due to increased admissions for opioid
abuse treatment and increased access due to the Affordable Care Act. Admissions are
not necessarily unduplicated individuals – one person may enter treatment multiple
times during the year depending on the availability of treatment slots. Indeed, 43% of
injection drug users reported 3 or more prior AODS treatment admissions.
Chart 11: All AODS Admissions and Opioid-Related Admissions
320,610 354,743 300,243
0
200000
400000
FY 14/15 FY 15/16 FY 16/17
Reported Number of Syringes Distributed by Fiscal
Year
1093 1249 1275 1531
0
1000
2000
3000
4000
5000
1314 1415 1516 1617
All Admissions
Opioid Admissions
Opioid classification
includes heroin,
oxycodone,
oxycontin, other
opiates / synthetics
December 19, 2017 Contra Costa County Board of Supervisors Minutes 617
Of the 3,954 admissions this past fiscal year, roughly 28% identified injection drug use
behavior (Chart 12). The proportion of injection drug users to the overall population in
AODS services has increased year to year over the last several years: FY 14/15 (18%);
FY 15/16 (25%), and FY 16/17 (28%).
Chart 12: Total Clients Served and IDUs as a Proportion of all AOD Services
As seen in Chart 13, the overall percentage of African Americans enrolled in services
has declined from 21% of those served in 2014/15 to 17% of those served in 2016/17.
The percentage of Hispanics enrolled in services has remained relatively steady at
roughly 20% of those served, and Whites comprise just over half the service enrollees.
Women remain roughly 34% of those served.
Chart 13: Enrollment in AODS Sites over Time by Primary Race/Ethnicity
Nearly 40% of those served in FY 16/17 (Chart 14) are new enrollees, and nearly 30%
of all IDUs served in the year had no prior AOD treatment admissions.
765 920 911 934 1152
0
1000
2000
3000
4000
5000
6000
FY 12/13 FY 13/14 FY 14/15 FY 15/16 FY 16/17
Total
Served
In FY 16/17 the Total N was 3,954. 1,152 IDUs were served.
1017 1043 827 709
2039
2614
1879 2071
825 978 832 967
0
500
1000
1500
2000
2500
3000
1314 1415 1516 1617
African Am White Hispanic
December 19, 2017 Contra Costa County Board of Supervisors Minutes 618
Chart 14: New Enrollees in AODS Services
Chart 15 shows that over the last three years, fewer enrollees reported being homeless
at the time of service initiation. In FY 2014/15, 34% of those served reported being
homeless, in FY2016/15 26%, and in FY 2016/17 21%.
Chart 15: Homeless Proportion of Enrollment in AOD Services
OTHER PREVENTION ACTIVITIES FOR INJECTION DRUG USE
Opioid Agonist Therapy
Current research out of Stanford explored the most effective and cost-effective ways to
combat HIV risk among injection drug users. As abuse of prescription opioids rises and
as more individuals inject drugs like heroin, the risk of increased blood borne illnesses
such as HIV and Hepatitis C also increases. Their investigation of HIV prevention
programs for injection drug users revealed that opioid agonist therapy (OAT) options,
most commonly methadone and buprenorphine maintenance therapies, are the most
cost effective. OAT options can also be highly effective in helping people stop injecting
3829 4054
4926
3730 3954
1460 1412 1956 1580 1549
0
2000
4000
6000
1213 1314 1415 1516 1617
Total Served new (never enrolled)
3829 4054
4926
3730 3954
1246 1398 1707
978 832
0
1000
2000
3000
4000
5000
6000
1213 1314 1415 1516 1617
Total Served
Homeless
December 19, 2017 Contra Costa County Board of Supervisors Minutes 619
drugs over time. They also found that combining prevention efforts such as needle-
syringe exchanges, OAT, Pre-Exposure Prophylaxis (PrEP), and prevention and testing
with high-risk negatives have higher rates of success than standalone interventions.9
Alameda & Contra Costa County Integrated HIV Prevention & Care Plan
Contra Costa County HIV/AIDS & STD program staff and Consortium members assisted
in the development of the regional 2017 - 2021 Alameda & Contra Costa County
Integrated HIV Prevention & Care Plan. The plan will be used to evaluate care and
prevention efforts in both counties. Key prevention components of the plan that focus
on injection drug users include:
1. By December 31, 2017, through a collaboration involving the Oakland
Transitional Grant Area (TGA) Collaborative Community Planning Council
(CCPC), the Contra Costa Consortium, and the two County health
departments, develop an End of AIDS Action Plan for the Oakland TGA
that outlines steps to implement a collaborative, multidisciplinary campaign to
end HIV in the two-county region, including ending new HIV infections,
ending HIV-related deaths, and ending HIV related stigma.
2. Continually collect and report data on new HIV diagnoses in the Oakland TGA,
including breakdowns by ethnicity, gender, transmission category, and age.
3. Conduct ongoing needs assessments to identify emerging issues related to
HIV infection and access to HIV education, testing, and other resources.
4. Deliver targeted, sustained, and evidence-based HIV prevention interventions
that are appropriate for high-risk populations.
5. Support the development of expanded, tailored HIV-related stigma reduction
campaigns in English and Spanish that are aimed at specific, high-risk
subpopulations and are developed in collaboration with consumers; that
address stigma related to HIV, homophobia, and HIV risk behaviors; that
incorporate cutting-edge social media approaches; and that contain sex-
positive messages.
6. Utilize targeted social marketing, media, mobilization and condom distribution
programs in English and Spanish to raise and sustain awareness of HIV risk.
7. Ensure widespread, accessible, and well-publicized syringe distribution and
syringe exchange services.
9 https://med.stanford.edu/news/all-news/2017/05/study-identifies-cost-effective-ways-to-combat-hiv-risk.html
December 19, 2017 Contra Costa County Board of Supervisors Minutes 620
The Integrated HIV Prevention & Care Plan targets the highest risk populations
including men who have sex with other men and injection drug users, for HIV
prevention and care services. Needle exchange remains an integral component of the
plan. In Contra Costa County, we anticipate continuing the use of County General
Funds for needle exchange services to support the downward trend in HIV infections
attributed to injection drug use. The current plan can be found on the Public Health
website at http://cchealth.org/aids.
New Data-to-Care Program
Data-to-Care is a new public health strategy that aims to use HIV and STD surveillance
data to identify HIV-diagnosed individuals and those at highest risk for HIV not in care,
link them to care, and support the HIV Care Continuum. In this reporting period, the
HIV/AIDS & STD Program began two new data-to-care interventions that prioritize high-
risk individuals: 1) targeted outreach to individuals who have been recently diagnosed
with an STD, including individuals who are co-infected with HIV and STDs, and 2) a PrEP
Navigation Program for Contra Costa residents. PrEP (pre-exposure prophylaxis) is the
use of anti-retroviral medication to prevent acquisition of HIV infection. It is used by
HIV uninfected persons who are at high risk of being exposed to HIV through sexual
contact or injection drug use. PrEP can reduce the risk for HIV infection by more than
92% if taken as prescribed. At present, the only medication with an FDA-approved
indication for PrEP is oral tenofovir disoproxil fumarate-emtricitabine (TDF-FTC), which is
available as a fixed-dose combination in a tablet called Truvada®. This medication is
also commonly used in the treatment of HIV. PrEP should be considered part of a
comprehensive prevention plan that includes adherence, risk reduction counseling, HIV
prevention education and provision of condoms. The data-to-care targeted outreach
intervention consists of generating line lists that are pulled from State and County
surveillance systems. These line lists are focused on three high-risk populations: MSMs
recently diagnosed with one or more STD, women of color (African American, Latinas,
Asian/Pacific Islander, and multiracial women) recently diagnosed with one or more STD,
and individuals co-infected with HIV and STD(s). Trained Disease Intervention
Technicians (DITs) call the individuals on the line lists and offer risk reduction services,
partner services, and, in the case of people who don’t have HIV, Pre Exposure
Prophylaxis (PrEP) navigation services. In this reporting period, DITs contacted a total
of 1,353 individuals and provided 283 risk reduction sessions with high-risk individuals.
OPIOID OVERDOSE
Opioids are medications that relieve pain. They reduce the intensity of pain signals
reaching the brain, diminishing the effects of a painful stimulus. Medications that fall
within this class include hydrocodone (e.g., Vicodin), oxycodone (e.g., OxyContin,
Percocet), morphine (e.g., Kadian, Avinza), codeine, and related drugs. Hydrocodone
December 19, 2017 Contra Costa County Board of Supervisors Minutes 621
products are the most commonly prescribed for a variety of painful conditions, including
dental and injury-related pain. Morphine is often used before and after surgical
procedures to alleviate severe pain. Codeine, on the other hand, is often prescribed for
mild pain. In addition to their pain relieving properties, some of these drugs—codeine
and diphenoxylate (Lomotil) for example—can be used to relieve coughs or severe
diarrhea.
Heroin is an opioid drug that is synthesized from morphine. In 2012, about 669,000
Americans reported using heroin in the past year. The greatest increases in heroin use
are among individuals aged 18-25.10 Nearly 80% of Americans using heroin report
misusing prescription opiods first, and it is estimated that about 23% of individuals who
use heroin become dependent on it.11 Prescription opioid pain medications such as
Oxycontin and Vicodin can have effects similar to heroin when taken in doses or in ways
other than prescribed, and they are currently among the most commonly abused drugs
in the United States.
Approximately 60% of IDUs served in AOD programs identify Heroin as their primary
problem at admission.
The California Department of Health estimates there were 1,925 opioid related deaths
in 2016, most attributed to prescription pain medications either with or without alcohol
or other drugs. In Contra Costa County, there were 50 opioid overdose deaths in
2016.12 All regions of the county have experienced fatal overdoses, emergency
department visits, and hospitalizations due to opioid overdose.
Recognizing the life-saving effects of the opioid-overdose reversal drug naloxone,
Senate Bill (SB) 833 (Chapter 30, Statutes of 2016) established a new Naloxone Grant
Program within the California Department of Public Health (CDPH).13 The goal of the
program is to reduce fatal overdoses by increasing access to naloxone nasal spray
called Narcan.
The HIV/AIDS and STD Program is administering the Naloxone Grant Program by
distributing the county’s 1,642 State-allotted doses to local community agencies with
existing naloxone distribution systems and those working with individuals most likely to
experience or witness opioid overdoses. The agencies identified to receive Narcan
intranasal spray doses in Contra Costa County are Healthcare for the Homeless,
HEPPAC, New Leaf Treatment Center, and LifeLong Medical’s medication-assisted
treatment program.
10 https://www.drugabuse.gov/publications/research-reports/heroin/scope-heroin-use-in-united-states
11 http://www.drugabuse.gov/publications/drugfacts/heroin
12 https://pdop.shinyapps.io/ODdash_v1/
13 https://www.cdph.ca.gov/Programs/CCDPHP/DCDIC/SACB/Pages/NaloxoneGrantProgram.aspx
December 19, 2017 Contra Costa County Board of Supervisors Minutes 622
DISPOSAL
Contra Costa Environmental Health (CCEH) administers the Medical Waste Management
Program for Contra Costa County, and is the local enforcement and regulatory agency
for Medical Waste Generators. CCEH issues permits and registers generators of medical
waste, responds to complaints of abandoned medical waste on public property, and
implements the Medical Waste Management Act (Part 14, C. 1-11 of the California
Health and Safety Code). The agency web site maintains a list of frequently asked
questions (FAQs) on syringe and needle disposal, a list of disposal sites in Contra Costa,
a number of pamphlets describing the proper disposal of syringes and other medical
waste, as well as links to state and other resources. Additional information can be
found at http://www.calrecycle.ca.gov/FacIT/Facility/Search.aspx#MOVEHERE
NO. FACILITY NAME ADDRESS CITY
ZIP
CODE TELEPHONE
MATERIAL
CATEGORIES MATERIALS
1 Alamo Sheriff's
Substation
150 Alamo
Plaza, Suite C
Alamo 94507 (925) 837-
2902
Sharps or
Medications
Sharps (Home-
Generated)
2 City of Clayton 6000 Heritage
Trl
Clayton 94517 (800) 646-
1431
Sharps or
Medications
Sharps (Home-
Generated)
3 Danville Police
Station
510 La Gonda
Way
Danville 94526 (925) 314-
3700
Sharps or
Medications
Sharps (Home-
Generated)
4 Delta HHW
Collection Facility
(East County)
2550
Pittsburg
Antioch Hwy
Antioch 94509 (925) 756-
1990
Sharps or
Medications
Sharps (Home-
Generated)
5 El Cerrito Recycling
CTR
7501 Schmidt
Ln
El Cerrito 94530 (510) 215-
4350
Sharps or
Medications
Sharps (Home-
Generated)
6 Lafayette Fire
Station
3338 Mt
Diablo Blvd
Lafayette 94549 (925) 941-
3300
Sharps or
Medications
Sharps (Home-
Generated)
7 Moraga-Orinda fire
station
1280 Moraga
Way
Moraga 94556 (925) 258-
4599
Sharps or
Medications
Sharps (Home-
Generated)
8 Mountain View
Sanitation District
3800 Arthur
Rd
Martinez 94553 (925) 228-
5635
Sharps or
Medications
Sharps (Home-
Generated)
December 19, 2017 Contra Costa County Board of Supervisors Minutes 623
9 Orinda Police Station 22 Orinda
Way
Orinda 94523 (925) 254-
6820
Sharps or
Medications
Sharps (Home-
Generated)
10 Rossmoor Gateway
Building (For
Rossmoor residents
only)
1001 Golden
Rain Rd
Walnut
Creek
94595 (925) 906-
1801
Sharps or
Medications
Sharps (Home-
Generated)
11 San Ramon Valley
Fire District HQ
1500 Bollinger
Canyon Rd
San
Ramon
94583 (925) 838-
6600
Sharps or
Medications
Sharps (Home-
Generated)
12 Walnut Creek City
Hall
1666 North
Main St
Walnut
Creek
94596 (800) 750-
4096
Sharps or
Medications
Sharps (Home-
Generated)
13 Walnut Creek Fire
Station
1050 Walnut
Ave
Walnut
Creek
94598 (925) 941-
3300
Sharps or
Medications
Sharps (Home-
Generated)
14 West Contra Costa
County Hazardous
Waste Collection
Facility
101 Pittsburg
Ave
Richmond 94801 (888) 412-
9277
Sharps or
Medications
Sharps (Home-
Generated
15 Sutter Regional
Foundation Medical
Laboratory
4053 Lone
Tree Way
Antioch 94509 (925) 756-
3400
Sharps Sharps (Home-
Generated
16 Mount Diablo
Resource Recovery
(ONLY for Concord
residents, MUST
bring Concord ID)
4080 Mallard
Dr.
Concord 94520 (925) 682-
9113
Sharps Sharps (Home-
Generated
The Public Health HIV/AIDS and STD program has received no complaints from law
enforcement, businesses, pharmacies, or community members regarding discarded
syringes this year.
December 19, 2017 Contra Costa County Board of Supervisors Minutes 624
CONCLUSIONS:
1. Access to clean needles has made a difference in Contra Costa and remains an
important component of the overall strategy to reduce transmission of blood borne
diseases.
2. Law enforcement exposure to potential blood borne pathogens via needle stick
injury has not increased with the implementation of needle exchange and pharmacy
sales. Materials for Law Enforcement to document potential exposure and request
assistance are available on the website.
3. The number of children under 12 years of age living with HIV or AIDS has
decreased and there is no evidence of increased maternal transmission of HIV to unborn
children.
Needle exchange is a critical component of Contra Costa’s HIV prevention strategy and
should remain in effect until further notice. Should the Committee desire, frequency of
presentations can be at two year intervals.
December 19, 2017 Contra Costa County Board of Supervisors Minutes 625
RECOMMENDATION(S):
ACCEPT the report from the Employment and Human Services Department regarding the impacts of technology on
client access to public benefits.
FISCAL IMPACT:
No fiscal impact.
BACKGROUND:
On June 7, 2016, the Board of Supervisors approved the Employment and Human Services Director's
recommendation to refer oversight on the impacts of technology on access to public benefits to the Family and
Human Services Committee (F&HS), due to the department's reworking of its business processes and development of
technologies to make remote access of public benefits more common for its clients. This became F&HS Referral No.
114.
F&HS reviewed and accepted the report on Impacts of Technology on Access to Public Benefits (attached) at its
November 13, 2017 meeting.
CONSEQUENCE OF NEGATIVE ACTION:
The Board will not receive the annual report from Employment and Human Services Department on the impacts of
technology on client access to public benefits.
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 12/19/2017 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: Kristen Lackey,
925-335-1043
I hereby certify that this is 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 19, 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:FAMILY & HUMAN SERVICES COMMITTEE
Date:December 19, 2017
Contra
Costa
County
Subject:Family and Human Services Referral No. 114 - Impact of Technology on Access to Public Benefits
December 19, 2017 Contra Costa County Board of Supervisors Minutes 626
ATTACHMENTS
Impacts of Technology Report
Impacts of Technology
Presentation
December 19, 2017 Contra Costa County Board of Supervisors Minutes 627
1
40 Douglas Drive, Martinez, CA 94553 • 925.608.5000 • Fax (925) 313-1575 • www.ehsd.org
To: Family and Human Services Committee Date: November 13, 2017
From: Employment and Human Services Department
Subject: #114 Serving the Public Through Technology
The Employment and Human Services Department (EHSD) is pleased to again provide an update to the Family
and Human Services Committee (FHS) on the use of technology and our technology vision for the department.
We continue to offer an array of services and press forward with new applications of technology that support our
customers and staff.
STATE AND DEPARTMENT-WIDE SYSTEMS
EHSD uses multiple state mandated and managed systems to carry out its core functions:
Contra Costa County is one of 18 counties in the California Work Opportunity and Responsibility to Kids
Information Network (CalWIN) Consortium. CalWIN is an automated eligibility system that supports the
administration of public assistance programs including CalWORKs, CalFresh, Medi-Cal, General
Assistance, Foster Care and case management for Employment Services.
We also use the Child Welfare Services/Case Management System (CWS/CMS) to support child welfare
services.
The Medi-Cal Eligibility Data System (MEDS) is a data system for maintaining eligibility information for
public assistance programs including Medi-Cal.
Our In-Home Supportive Services (IHSS) is managed through the Case Management Information and
Payrolling System II (CMIPS II), a statewide database which supports and centrally processes payroll as
well as assisting with case management and reports.
Electronic Benefit Transfer (EBT) is a state debit card similar to an ATM card that is used to issue CalFresh
and cash aid benefits for CalWORKs and General Assistance. This system interfaces with CalWIN.
The newest statewide system is the California Health Eligibility, Enrollment, and Retention System
(CalHEERS), a business rules engine to determine eligibility for coverage under the Affordable Care Act
(ADA).
While not a state mandated system, EHSD is “paperless” for its public assistance program case records through
the use of a document imaging and management system called Compass Pilot. The use of this system allows
desktop and mobile access to case information and customer data for any EHSD staff with a need to access the
data.
M E M O R A N D U M
Kathy Gallagher, Director
December 19, 2017 Contra Costa County Board of Supervisors Minutes 628
Page 2
EHSD recently went “paperless” in our In-Home Supportive Services (IHSS) Program. All records of current
providers and those receiving IHSS services have been scanned into the Compass Pilot system and are now
maintained electronically. New documents and cases are immediately scanned and indexed into the system so
that they are available to all IHSS staff that needs them. This has also enhanced our ability to provide mobile
access for our Social Workers as they make mandated home visits. Our staff has on line access to case records
and is able to complete fillable forms on their mobile devices while they are in the home.
In addition to the state systems and systems for which EHSD has contracted, we also use our internal technology
staff to develop applications to assist staff to carry out our work more efficiently. As we will discuss in this report,
some of these in-house developed programs also greatly benefit our customers.
USING TECHNOLOGY IS SECOND NATURE IN EHSD
The EHSD has a long tradition of using technology to carry out its business. In 2005 the State rolled out CalWIN as
the electronic system to replace paper processes for our benefits programs. In that same year, EHSD opened its
first Call Center in Antioch and went paperless by contracting for an electronic records management system and
scanning our paper records into the system.
EHSD has major buildings throughout the County and our customers come from all areas of the County. The
ability for our workers to access customer records, quickly and accurately was a major factor in our drive to be
paperless. Using electronic records allows EHSD staff to access case records at any and all locations where the
customer is being served. We work to keep ahead of technology through the active participation of our senior
managers that meet to discuss and approve technology projects. We also have a technology strategic plan that
guides us in pursuing technology. Finally, we ask our customers what technology they would like to see that will
allow them to interact with us on their schedule from a location of their choice.
The use of technology fully supports the EHSD Vision, Mission and Values. The department’s long range
technology vision states: “EHSD technology is the leader in agile technology capabilities, interoperability and
information sharing for empowering customers, staff and partners to achieve a healthy, safe, secure and self-
sufficient community.” Our technology goals over the next 3-5 years focus on strategies that include:
Customer facing technology
Customer support using technology
Productivity enhancements
Pursuing innovation and ideas for internal and external customer service including processes for bringing
ideas forward
INITIATIVES UNDERWAY OR PLANNED
The California Department of Social Services (CDSS) just concluded a management evaluation of our CalFresh
program. The experienced state evaluators conduct these evaluations throughout the state and visit many social
services offices. The evaluation team visited three EHSD customer service offices to observe our processes in
real-time and to see what our customers experience. At the conclusion of their evaluation, and based on their
observations, they were extremely complimentary about the technology that is available to our customers. Our
customers are greeted by a Greeter asking how we can help them. If appropriate, they are referred to a kiosk to
get a ticket so they can gauge when they will be seen. We provide computer work stations that allow them to
apply for benefits, check their case status, print documents or scan documents. There is a copier in the event the
customer needs to make copies of documents. We have large monitors in the reception areas that provide
information and let the customers know when they will be seen. We also provide a self-scanning kiosk that
allows customers to scan their own documents, get a receipt and leave. There are also phones for the customers
to use to directly contact their worker for any issues about their benefits. The CDSS evaluators stated that they
December 19, 2017 Contra Costa County Board of Supervisors Minutes 629
Page 3
sometimes see one or two pieces of technology in a typical customer reception area but not the extent of
technology we deploy to directly serve customers.
We recently added a dedicated monitor in our interview areas that allows our customers to see documents that
apply to their case as they are filled out so they can verify the information as it is entered. The customers can
sign the documents electronically so they are complete without printing them. After the documents are
complete and signed, they are moved electronically into our document management system. This greatly speeds
benefits processing, ensures the accuracy of information and gets benefits to the customers faster.
As stated earlier, our staff works with multiple systems with the potential to need information from three
systems at the same time to fully assist our customers. Having the ability to display case information greatly
assists our workers to assist our customers. We identified specific workers, based on a business need, and
installed an additional monitor for their use. Having three monitors is a productivity enhancer and provides a
higher level of customer service.
We know from our customer surveys that about 95% of our customers have smart phones. Our customers have
told us that they want to be kept informed about appointments and other information about their cases. We
have been using text messages for our CalWORKs and CalFresh customers and we are looking at expanding the
use of text messages in other programs. We have nearly 26,000 customers that have opted-in to receive text
messages. We have moved to an “opt-out” process that will allow us to reach many more customers. Using text
messages greatly assists our customers with reminders and helps them continue to receive their benefits.
With our knowledge that our customers, along with most of the rest of us, rely heavily on smart devices for their
daily lives, we are currently piloting phone a charging station at one of our large offices to ensure our customers
have the capability to communicate with us. Reports are that the charging station is heavily used. If this pilot is
successful, we plan to add charging stations at all our major offices.
The Board of Supervisors fully supported the state legislation that allows Social Services agencies to donate
surplus personal computers to citizens in good standing in benefits programs. EHSD has an agreement with a
nonprofit organization to refurbish surplus computers and make the computers, along with an Internet
connection, training and support available to our customers. To date over 209 families have used this program
and we have an additional 65 families in the pipeline to receive a computer. We are taking steps to do additional
publicity for this program and expect to see increased activity. This program can be instrumental in helping low
income residents of Contra Costa County bridge the digital divide, help children with school work, help our
customers locate and apply for jobs, and get medical information. Our data collection shows that our customers
in West County have the lowest number of personal computers in their homes. We are working on an initiative
to reach out to our customers in West County about the availability of these personal computers and how to get
one.
My Benefits CalWIN (MyBCW) is a website that provides information on assistance programs, allows people to
apply for benefits, complete periodic reporting, find a social services office in their area, and for current
customers to check on their benefits from wherever they are and at any time. Access to MyBCW is also available
through the EHSD website. We are using text messages and other media to encourage customers not having a
MyBCW account to get one. This portal is a great convenience and timesaver for our customers and allows them
to avoid having to call or visit an office.
EHSD works closely with Health Services, the Food Bank and other community based organizations on their
efforts to use MyBCW to assist citizens to apply for benefits. These organizations provide additional portals that
allow for applications to be submitted from additional locations within the county.
December 19, 2017 Contra Costa County Board of Supervisors Minutes 630
Page 4
We have fully implemented our Workload Distribution Tool (WDT). When our customers interact with us, this
interaction frequently requires our workers to take actions or process documents. The WDT software allows us
to collect, distribute, and track workload in our major programs. This software allows workers and managers to
see and manage work more efficiently and effectively to meet processing timelines and provide data in near real
time. The WDT is a major step forward in customer service ensuring transactions are processed quickly and
efficiently and speeding up the granting or continuance of benefits.
We successfully completed the pilot of an initiative to allow our customers to complete their periodic
recertification interviews using video conferencing from an EHSD office. The pilot included English and Spanish
and a touch screen monitor for ease of use. Customers can easily sign documents right on the computer screen.
We are expanding this service to all our offices to allow our customers to video conference from anywhere
including their homes. We are also working with the contractor that provides translation services to offer
translation via video conferencing, including American Sign Language for our deaf, mute, and non-English
speaking customers.
We recently launched a pilot project of using our own bi-lingual Spanish speaking clerical staff to provide
interpretation services to our Spanish speaking customers. We have about 35 such staff and before we contact
an outside contractor, we locate one of our employees to interpret the interaction between the worker and
customer. This speeds up the interaction and provides a higher level of customer service because our staff is
familiar with the issues that are being discussed.
The State centralized the payroll process for our over 9,200 In-Home Supportive Services (IHSS) care providers.
However, we continue to field questions from our providers. We use an Interactive Voice Response (IVR) system
that provides virtual real time information on the status of their pay. The IVR allows care providers to obtain
information from any phone at any time.
The Community Services Bureau deployed the CLOUDS Interactive Texting (SMS) service to contact clients,
including automated SMS messages to families requesting absent child information, a Federal and State
requirement for Child Care programs. This unique system guarantees our child care program complies with this
mandate, whereas previously all parent contacts were manually done by staff.
The Community Services Bureau is currently testing/piloting the CLOUDS Mobile App for its Alternative Payments
Program clients and providers. This app will address client concerns regarding Case and Provider Reimbursement
Status, while also providing a direct, two way communication approaches between case managers, clients and
providers.
Among the benefits of this technology is the ability of clients and providers to utilize electronic forms and
attendance sheets as well as mobile scanning and drastically reducing the amount of time and labor, data entry
and time required by staff to efficiently manage their caseloads. Another benefit of Electronic Attendance sheets
is to allow the system to automate reimbursement calculations, according to child care contracts, and attendance
inconsistency notifications.
EHSD has a goal of being a data driven organization and having immediate access to data from the programs we
administer is critical. Our managers and supervisors need program performance information to facilitate decision
making and enhance our ability to provide superior customer service. We are currently working on two tracks to
provide quick access to information described collectively as Business Intelligence (BI). The two tracks include:
EHSD and Santa Clara County Social Services collaborated on a CSAC Merit Award winning project to
build on an in-house custom solution developed by Santa Clara. The collaboration gives EHSD access to
the information in EHSD’s systems of record (CalWIN, CMIPS II, CWS/CMS) quickly and easily without the
need to develop our own in-house BI or engage our Technology staff in designing custom reports. This is
December 19, 2017 Contra Costa County Board of Supervisors Minutes 631
Page 5
a highly successful collaboration that continues on. It allowed EHSD to gain data much quicker and at
less cost than would otherwise have been possible.
EHSD, through our participation in the CalWIN consortium, has partnered with other CalWIN counties to
support the CalWIN BI initiative. This system provides an additional opportunity to capture data on our
major benefits programs.
The data available in the BI systems provide our directors, managers and supervisors access to timely and
accurate information about who our clients are, e.g., where they live, demographics, case status, and trending
and forecasting, and overall program compliance. The programs supported include, IHSS, Medi-Cal, CalFresh,
General Assistance, CalWORKs and Child Welfare.
EHSD is updating and replacing a number of internal programs to assist with timekeeping, position management
and tracking, a personnel management data base, fiscal management and retrieval of policies, regulations and
reference materials.
Our department is committed to making effective use of technology to provide our customers with a good
experience and to assist our staff in carrying out their important work. We actively pursue new or better uses of
technology that have been proven to work. Based on feedback from our customers, we continue to work toward
providing multiple portals for our customers to apply for and receive benefits under the programs we administer
while substantially reducing the need to come into one of our offices.
December 19, 2017 Contra Costa County Board of Supervisors Minutes 632
Serving the
Public Through
Technology
December 19, 2017 Contra Costa County Board of Supervisors Minutes 633
STATEAND DEPARTMENT-
WIDE SYSTEMS
State Systems Drive Business Operations
Electronic Records Management
Call Centers
Workload Distribution Tool
Continued Recognition from State
Evaluators
December 19, 2017 Contra Costa County Board of Supervisors Minutes 634
Customer Experience
Greeter
Sign in Kiosk
Self-Scanning Kiosk
Customer PC with copier, scanner, printer
Information Monitor
Phones, Charging Stations
Electronic forms review and signature
December 19, 2017 Contra Costa County Board of Supervisors Minutes 635
Remote Services
MyBCW lets customers apply for benefits
or check on case 24/7 from smart
devices/PC
CSB interactive texting
IHSS Interactive Voice Response
Video Conferencing
→→
CUSTOMERVIDEOEHSD
December 19, 2017 Contra Costa County Board of Supervisors Minutes 636
Data and Technology
EHSD/Santa Clara award winning collaboration
Utilize more data to manage customer services,
community outreach
Technology streamlines staff and customer
experience
Continue customer surveys while adding high
tech enhancements
December 19, 2017 Contra Costa County Board of Supervisors Minutes 637
EHSD Technology Vision
Customer facing technology
Customer support using technology
Productivity enhancements
Pursuing innovation for internal and
external customer service
December 19, 2017 Contra Costa County Board of Supervisors Minutes 638
RECOMMENDATION(S):
ACCEPT the annual report from the Employment and Human Services Department on departmental challenges,
which this year focused on the foster care Continuum of Care Reform implementation efforts.
FISCAL IMPACT:
No fiscal impact.
BACKGROUND:
Challenges to Employment and Human Services Department (EHSD) - Continuum of Care Reform was originally
referred to the Family and Human Services Committee (F&HS) on April 25, 2000. Another referral to F&HS,
number 19, on Welfare Reform was referred on January 21, 1997. On January 1, 2005, the Board of Supervisors
combined these two referrals so that the Department could provide updates on various aspects of their programs as the
need arose. Since that time, the Employment and Human Services Department has reported annually on a variety of
issues impacting the Department.
On September 25, 2017, the Family and Human Service Committee accepted a report (attached) from the
Employment and Human Services Department on foster care Continuum of Care Reform and approved forwarding
the report to the Board.
CONSEQUENCE OF NEGATIVE ACTION:
The Board will not receive an update on Challenges for EHSD - Continuum of Care Reform.
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 12/19/2017 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: Kristen Lackey,
925-335-1043
I hereby certify that this is 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 19, 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:FAMILY & HUMAN SERVICES COMMITTEE
Date:December 19, 2017
Contra
Costa
County
Subject:Family and Human Services Referral No. 44 Challenges for EHSD - Continuum of Care Reform
December 19, 2017 Contra Costa County Board of Supervisors Minutes 639
ATTACHMENTS
Continuum of Care Reform Report
Continuum of Care Reform
Presentation
December 19, 2017 Contra Costa County Board of Supervisors Minutes 640
EMPLOYMENT AND HUMAN SERVICES
CONTRA COSTA COUNTY
TO: Family Human Services Committee DATE: September 25, 2017
David Twa
FROM: Kathy Gallagher, Director, Employment and Human Services Department
Kathy Marsh, Director, Children and Family Services Bureau
SUBJECT: Continuum of Care Reform (CCR)
RECOMMENDATION
Accept this report from the Employment and Human Services Department; and continue
to support the Children and Family Services (CFS) Bureau and its efforts to improve
services to dependent children and youth.
BACKGROUND
The Continuum of Care Reform, AB 403, is a comprehensive reform effort built on many
years of policy changes designed to improve outcomes for youth in foster care. The goal
is to ensure that youth in foster care have their day-to-day physical, mental, and
emotional needs met; that they have the greatest chance to grow up in permanent and
supportive homes; and that they have the opportunity to grow into self-sufficient,
successful adults.
FUNDAMENTAL PRINCIPLES OF CCR:
All children deserve to live with a committed, nurturing, and permanent family that
prepares the youth for a successful transition into adulthood.
The goal for all children in foster care is safety, permanency and well being while
establishing permanent life-long relationships. CCR guides the transition away from the
traditional use of long-term group home care by transforming existing group home care
into short term, residential treatment programs for youth who are not ready to live with
families in home-based care.
All placement types should be able to provide access to the services and supports,
including behavioral and mental health services that the child in placement needs.
Agencies serving children and youth including; child welfare, probation, mental health,
education, and other community service providers, need to collaborate effectively to
December 19, 2017 Contra Costa County Board of Supervisors Minutes 641
surround the child and family with needed services, resources and supports rather than
requiring the child and caregivers to navigate multiple service providers.
Both the child and family's experience and voice are important in assessment,
placement and service planning. Child and Family Team meetings, which include the
child, family, and members of their formal and informal support network, will meet as a
foundation for ensuring all perspectives are considered throughout the life of the case.
PROGRESS TO DATE:
Contra Costa County implemented Resource Family Approval (RFA) January 1, 2017.
RFA is an important shift in the way that Children and Family Services approves
caregivers as it supports placement with families that can provide a lifelong connection
by determining permanency approval upfront.
EHSD has a collaborative CCR Executive Team and a Steering Committee with
management representatives from Children and Family Services, the CAO’s office,
Behavioral Health Department, and Probation Department to guide workgroups tasked
with different components of CCR, such as Child and Family Team Meetings, Group
Homes and Foster Family Agencies, Training, and Data.
Children and Family Services is regularly collecting data on the (approximately) one
hundred dependent children who are currently in group home placements to assess
their potential for stepping down to home-based care and to determine their specific
services and treatment needs.
Children and Family Services has also been meeting with providers, including Group
Homes and Foster Family Agencies (FFAs) in order to communicate the needs of Contra
Costa County dependents and assist them with their transition to CCR.
Over the past year and a half, Children and Family Services has also developed new
strategies and a renewed focus on recruiting and retaining quality non-relative and
relative resource families.
SUMMARY/CONCLUSION
The Continuum of Care Reform draws together a series of existing and new reforms to
our child welfare services program designed out of an understanding that children who
must live apart from their biological parents do best when they are cared for in
committed, nurturing family homes. AB 403 provides the statutory and policy
framework to ensure services and supports provided to the child and his or her family
are tailored toward the ultimate goal of maintaining a stable, permanent family.
December 19, 2017 Contra Costa County Board of Supervisors Minutes 642
With the Board’s support and commitment to the Continuum of Care Reform, EHSD will
utilize CCR to better meet the needs of our dependent children and to promote positive
outcomes for youth as they transition out of foster care.
December 19, 2017 Contra Costa County Board of Supervisors Minutes 643
CALIFORNIA’S CHILD WELFARE
CONTINUUM OF CARE REFORM (CCR)
OVERVIEW FOR CONTRA COSTA COUNTY
December 19, 2017 Contra Costa County Board of Supervisors Minutes 644
CCR is mandated by AB 403 and is a comprehensive
framework that supports children, youth and families across
placement settings in achieving permanency.
CCR includes:
THE CONTINUUM OF CARE REFORM
•Increased engagement with children, youth and families
•Increased capacity for home-based family care
•Limited use of group home care
•Changes in rates, training, accreditation, mental health
services and accountability & performance
December 19, 2017 Contra Costa County Board of Supervisors Minutes 645
STEPPING DOWN TO HOME BASED CARE
Group
Home/
STRTP
FFA / ITFC/TFC
home
Resource Family
Home
Children requiring
highly intensive 24-
hour supervision and
treatment. STRTPs will
be designed to quickly
transition children back
to their own or
another permanent
family
Focused on
permanency
planning at all
placement
levels.
December 19, 2017 Contra Costa County Board of Supervisors Minutes 646
INCREASED BEHAVIORAL HEALTH SERVICES
Intensive Care Coordinators (ICC): assigned to
children who meet medical necessity criteria to
facilitate teaming and coordinate mental health care
216 ICC eligibility
screenings
complete
71 were eligible and
referred to ICC services
62 clients closed
out of ICC services
Based on meeting goals
and no longer needing
additional services
389 referrals
made to Care Managed
Unit for outpatient
therapy referrals for
children with mild to
moderate symptoms
Total open ICC cases as of 07/2017: 326
From 01/2017 – 07/2017
December 19, 2017 Contra Costa County Board of Supervisors Minutes 647
CCR CORE ELEMENT: INCREASED ENGAGEMENT
CFS has completed 302 Child and Family Team (CFT)
meetings between 01/2017 and 07/2017
164 Team Decision Making/CFT meetings (referral)
21 Court CFTs
35 Continuing/Intensive Family Services meetings
20 placement disruption
62 Youth Transition Meetings
December 19, 2017 Contra Costa County Board of Supervisors Minutes 648
Resource Family
Relative
Caregiver
Foster
Family
Adoptive
Family
Foster Families/Relatives Resource Families
CCR also includes another big shift from:
•Contra Costa is receiving
consistently 40-45 Resource
Family Applications per
month since 04/2017 and
approximately 2/3 of them
are relatives.
•There is a renewed focus
on Emergency Placements
with relatives since RFA was
implemented 01/2017.
December 19, 2017 Contra Costa County Board of Supervisors Minutes 649
CHILDREN & FAMILY SERVICES PLACEMENTS
SILP
6%
Guardian Home
(Dependent)
1%
Foster Family
Home
16%
Relative/
NREFM
25%
Foster Family
Agency
27%
Group Home
9%
Guardian
Home
(Voluntary)
12%
Resource Family
4%
December 19, 2017 Contra Costa County Board of Supervisors Minutes 650
CONTRA COSTA PROBATION PLACEMENTS
Group
Home; 26;
51%
SILP/THPP;
25; 49%
Resource
Family; 0;
0%
SILP:Supervised Independent Living Placement
THPP:Transitional Housing Placement Program
December 19, 2017 Contra Costa County Board of Supervisors Minutes 651
• Increased recruitment: buses, movie
theater ads
• Targeted recruitment for older youth and
high needs youth
CCC needs to actively
recruit and approve
more Resource
Family Homes
• CFS has entered into a Mental Health
interagency agreement to provide
additional mental health services to
support youth in home based family care
• Mental Health has begun expansion of
specialty services such as Parent Partners,
Emergency Foster Care Unit, ICCs
CCC needs to
develop additional
services to support
youth formerly in
Group Homes now in
home based settings
IMPLICATIONS FOR CONTRA COSTA COUNTY
Response:
Response:
December 19, 2017 Contra Costa County Board of Supervisors Minutes 652
LOOKING AHEAD
“All children deserve to live with a committed, nurturing,
and permanent family that prepares youth for a successful
transition into adulthood.”
Children and Family Services, Behavioral Health
and Probation will continue to collaborate as
we address the challenges and implications of
CCR to effectively meet the needs of the
children and families we serve.
December 19, 2017 Contra Costa County Board of Supervisors Minutes 653
RECOMMENDATION(S):
ACCEPT the 2017 report on the Local Planning and Advisory Council for Early Care and Education activities and
countywide plan for early care and education.
FISCAL IMPACT:
No fiscal impact.
BACKGROUND:
California Education Code (EC) Section 8231 requires that Local Planning Councils (LPC) prepare a comprehensive
countywide child care plan designed to mobilize public and private resources to address identified needs. Projects and
activities of the Contra Costa LPC align with legislative intent for Local Planning Councils to serve as a forum to
address the child care needs of all families and all child care programs, both subsidized and non-subsidized in Contra
Costa County (Ed code Sections 8499.3 and 8499.5).
The Board of Supervisors (Board) referred updates on the activities of the Local Planning and Advisory Council for
Early Care and Education (formerly known as the Local Planning Council for Child Care Development) to the
Family and Human Services Committee (F&HS) on January 17, 2006.
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 12/19/2017 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: Kristen Lackey,
925-335-1043
I hereby certify that this is 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 19, 2017
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc:
C. 97
To:Board of Supervisors
From:FAMILY & HUMAN SERVICES COMMITTEE
Date:December 19, 2017
Contra
Costa
County
Subject:Family and Human Services Referral Nos. 81 and 92 / Local Planning and Advisory Council for Early Care and
Education and Countywide Child Care Plan
December 19, 2017 Contra Costa County Board of Supervisors Minutes 654
BACKGROUND: (CONT'D)
On October 17, 2006, the Board referred updates on the Countywide Child Care Plan to the F&HS. These reports
are typically brought to the F&HS separately, but this year the County Office of Education compiled both reports
into one.
The Family and Human Services Committee reviewed and accepted the attached report at its August 28, 2017
meeting.
CONSEQUENCE OF NEGATIVE ACTION:
The Board will not receive its annual update on the Local Planning Council's activities and child care plan.
ATTACHMENTS
LPC 2017 Report
Childrens Forum Flyer
December 19, 2017 Contra Costa County Board of Supervisors Minutes 655
Page 1 of 7
M E M O R A N D U M
DATE: July 31, 2017
TO: Supervisor Candace Andersen, District II, Vice Chair
Supervisor John Gioia, District I, Chair
FROM: Ruth Fernández, LPC Coordinator/Manager, Educational Services
SUBJECT: Local Planning and Advisory Council for Early Care and Education (LPC)
Council Activities-Referral #92
CC: Karen Sakata, Contra Costa County Superintendent of Schools
Dr. Pamela Comfort, Deputy Superintendent of Schools
LPC Chair and Vice Chairs
RECOMMENDATION(S):
1) ACCEPT the activities report and key accomplishments during fiscal year 2016-2017 for the LPC as they
relate to Education Code - Section 8499.3 – 8499.7 and the implementation of the multi-year Comprehensive
Countywide Plan for Early Care and Education 2014 through 2017.
REASON/S FOR RECOMMENDATION:
California Education Code (EC) Section 8231 requires that Local Planning Councils prepare a comprehensive
countywide child care plan designed to mobilize public and private resources to address identified needs.
Projects and activities of the Contra Costa LPC align with legislative intent for Local Planning Councils to
serve as a forum to address the child care needs of all families and all child care programs, both subsidized and non-subsidized
in Contra Costa County (Ed code Sections 8499.3 and 8499.5).
BACKGROUND:
The Contra Costa County Local Planning and Advisory Council for Early Care and Education (LPC) was
established in April 1998. Required by AB 1542, which was passed in 1993, thirty members of the LPC were
appointed by the County Board of Supervisors and the County Superintendent of Schools. Childcare
consumers and providers, public agency representatives, and community representatives each comprise 20%
of the LPC. The remaining 20% are discretionary appointees. Membership is for a three year term.
On January 7, 2003, membership was decreased from 30 to 25 members, due to the difficulty being
experienced in filling all of the seats. On September 19, 2012 membership was decreased from 25 to 20, due
to continued difficulty to fill vacant seats. Official reduction of appointed seats provides flexibility to ensure
quorum is met in order to conduct Council business.
December 19, 2017 Contra Costa County Board of Supervisors Minutes 656
Page 2 of 7
I. SUMMARY OF ACTIVITIES
a. Hosted the 13th Annual Young Children’s Issues Forum – Speak Out for Children: Educate and
Advocate on Saturday, March 18, 2017. Over 265 teachers, school administrators, college faculty,
community advocates, local government officials, parents, business leaders, and state legislators
attended the Forum held at the Pleasant Hill Community Center, in Pleasant Hill, CA. The topic of
focus for this year’s forum is Together As One Community For All Children which strived to
highlight the importance of active engagement of all of members of the community – parents, families,
caregivers, teachers, business owners, organizations of faith, policy makers, community leaders and
more – to identify what is needed for children, what needs to be changed in order to meet their needs,
what we cannot lose, and what we must gain to insure equity of opportunities for all of our children.
This event continues to be a catalyst to ongoing and active community engagement and advocacy in
the early care and education community. Forum attendees received an “advocacy toolkit” which
included local, regional and state resources for families, “how-to” tip sheets and guidelines to
encourage civic engagement and general information about the state legislative cycle.
b. Initiated the 2017 - 2020 Countywide Child Care Needs Assessment and Child Care Facility
Development Study for Contra Costa County.
The LPC is currently coordinating their 2017 Needs Assessment and Child Care Facility Study.
The child care needs assessment is conducted every five years and aims to determine the child care needs
as mandated by California Education Code for all LPCs across the State. Based on recommendations
made by the LPC’s Ad Hoc Child Care Facilities Committee the LPC commissioned a comprehensive
countywide needs assessment study for child care for children ages 0 to 12 that includes current
conditions of existing facilities, interest in expansion from current providers, potential financing
models, and roles for various stakeholders.
The study will be conducted by Brion Economics, Inc. and will be modelled after the study
being conducted in San Mateo County by Brion Economics, Inc. (BEI) with Davis Consultant
Network, Nilsson Consulting, and other sub-consultants. The study will be conducted in phases,
partly due to funding constraints, but also due to the nature of the work that builds on each phase.
Brion Economics, Inc. will update the prior Needs Assessment for 2017, and will provide key
analysis and data on an implementation effort to increase the supply of child care facilities in the
County. The overall study proposal is divided in five phases overall. However, the current project will
only address Phases 1 and 2. Financial sponsorship for the study is provided by the Contra Costa
County Office of Education and the LPC; First 5 Contra Costa and the Contra Costa County
Department of Conservation and Development (DCD).
• Phase 1: Countywide Child Care Needs Assessment - 2017 (NA) by City and community area and
countywide, as of 2017 and 2027.
• Phase 2: Online Surveys & Analysis of Existing Child Care Providers and Stakeholders in County
• Phase 3: Prepare Child Care Capital Improvement Plan
• Phase 4: Identify 10 possible ELF sites and conduct site assessments
• Phase 5: Child Care CIP Financing Strategy for ELF site development
December 19, 2017 Contra Costa County Board of Supervisors Minutes 657
Page 3 of 7
The lack of child care facilities in an ongoing issue in our county and budgets require we address
the issue in the most efficient and focused manner. Currently, our county is unprepared for the
expansion of state preschool slots due, in great part, to the absence of adequate facilities. The LPC
envisions this study as an effort to operationalize the goal of increasing the supply of child care
facilities and program expansion in areas of need. Thus, this study presents an opportunity to further
partner with DCD and First 5 Contra Costa for long-term systemic efficiencies and expansion of child
care services in our community. The LPC acknowledges the essential role of our local partners and
co-sponsors of this study in the local system working to ensure Contra Costa County residents have
access to healthy and safe living and working environments.
c. Coordinated and Facilitated Quarterly State Funded Program Administrators Network
(SFPAN) meetings held at the CCCOE and facilitated by the LPC Coordinator. The State
Funded Administrators Network (SFPAN) convenes 14 agencies that contract with the California
Department of Education to provide General Child Care Services for children ages 0-12 and State
Preschool services for high need families and children throughout Contra Costa. The SFPAN
includes the county’s Head Start and Early Head Start providers and the CalWorks child care voucher
program known as the Alternative Payment Program which includes stage 1, stage 2 and stage 3
families.
d. Support and Fiscal Consultation/Coaching Services for Administrators of State Funded
Programs - Title 5 contractors with the California Department of Education, Early Education and
Support Division (CDE-EESD) continue to struggle to fully earn their contract allocation due to low
state reimbursement rates, unrealistic family income eligibility guidelines and staff turn-over. Providers
cannot cover their operational costs, and therefore, are unable to utilize their full allocation of state
and federal child care and child development funds. Over the past four years, the amount of unearned
state child care and development funds in Contra Costa County has steadily increased. The LPC also
gathered local data from state-funded program administrators that indicated a need for additional
training, coaching and technical assistance (TA) for Program Administrators and Directors.
During 2016 – 2017, the LPC decided to allocate AB 212 funds to “pilot” consultations
services to administrators with the goal of improving efficient contract management for full earning of
allocation. Over the past two years, three Title 5 programs experienced changes in administration and
leadership which impacted the stability of the programs greatly. Other local challenges among Title 5
contractors include: lack of available child care facilities and low enrollment.
e. LPC Coordinator is CCCOE’s administrator for the California State Preschool Program QRIS
Block Grant and Infant and Toddler QRIS Block Grant contracts for Contra Costa County.
The LPC is actively involved in the local planning, coordination and implementation of quality
improvement services, professional development and growth activities and incentives, and countywide
efforts to increase public awareness of “quality indicators” through the Contra Costa Quality Matters
program.
December 19, 2017 Contra Costa County Board of Supervisors Minutes 658
Page 4 of 7
II. ACCOMPLISHMENTS
Nurture and Retain a Qualified Early Care and Education Workforce
As in previous years, the LPC has offered multiple professional growth and development services and
incentives in Contra Costa County. The LPC was approved by the California Department of
Education (CDE) in 2016 -2017 to support teaching staff and the leadership (Site Supervisors and
Directors) at state-funded Early Care and Education (ECE) programs by providing stipends for
participation at various levels and through multiple commitments to participation paid with AB212
funds. Total stipends issued from AB212 of $76,173.79 were paid to 81 AB212 eligible staff. The LPC
chose to implement the following activities under the sponsorship of AB212 funding:
• Professional Development Program (PDP) Services and Incentives: During fiscal year (FY)
2016-2017, the Contra Costa LPC continued the partnership with First 5 Contra Costa for
Professional Development Program funding. During the application period, 112 applications were
received from AB212 educators. After completing approved PDP activities, a total of 76 AB212
staff received incentives in one or more components or incentive categories.
• Site Supervisor and Director Professional Learning Communities (PLC) Project- The LPC
received eight applications from participants to the 2016-2017 with one applicant withdrawing
before initiating any activities in the PLC. During the project, the leaders participated in activities
with seven Site Supervisor/Directors completing all activities in the Professional Learning
Community (PLC) and were deemed eligible to receive stipends of $1000 each for a total of $7000.
• Foreign Transcript Evaluation Services continued to be funded and provided through
AB212 allocations and were offered in PDP - Two evaluations were completed for PDP
participants by an evaluation service to assist AB212 individuals with education from outside the
United States with applying for or advancing on the Child Development Permit or degree
completion - $650.
• Community Hot Topics Seminar: 13th Annual Young Children’s Issues Forum 2016 Speak Out
for Children– On Saturday, March 18, 2017, over 265 teachers, school administrators, college
faculty, community advocates, local government officials, parents, business leaders, and state
legislators attended the 13th Annual Young Children’s Issues Forum “Speak Out For Children:
Educate and Advocate” held at the Pleasant Hill Community Center, in Pleasant Hill, CA.
Certificates of Professional Growth Hours were issued – AB212 funds partially supported the
implementation of the Forum.
• Additional AB212 Support Services: 112 applications were received from AB212 educators for
participation in the Professional Development Program by advisors at each of the three colleges in
the Contra Costa Community College District or by AB212 Staff. The college advisors provided
Information Sessions, education advising towards degrees, regular individual advising sessions, and
documentation acceptance from July 2016 through January 2017. AB212 staff continued to
provide the same services at state-funded employment sites, through advising appointments, Child
Development Permit application processing and related professional growth advising sessions, and
December 19, 2017 Contra Costa County Board of Supervisors Minutes 659
Page 5 of 7
training, as needed, for understanding of renewal requirements for the Child Development Permit
and for successful participation in PDP. PDP stipend details follow in Table 1- the number of
participants completing each type of professional development and the stipend amounts by
category is represented in the next page.
• Permit Applications: AB212 staff continued to assist early childhood educators to apply for new,
renewal and upgrade Child Development Permit applications. A total of 157 permit applications
were processed to date with 11 from AB212 Professional Development Program (PDP)
participants who submitted Permit applications. In the past several years, AB212 staff have seen an
increase in online renewals by Contra Costa County early childhood professionals. There seems to
be a better understanding of the process for online renewals and many have become more aware
of the services which can be provided online. Recent history has shown that fewer individuals are
needing assistance with accessing their Permit information online and may contact AB212 staff for
guidance in making payment, submitting the application for renewal, or editing personal
information due to marital status, address changes, or incorrect information. Professional Growth
Advising and the development of awareness of that may have also increased this online
engagement with the Commission on Teacher Credentialing (CTC).
2016-2017 Professional Development Program (PDP)
Incentive Summary - Table 1
Stipend Type and amount
Number per
Stipend
Type
Total per
Stipend Type
Course Completion Stipend = $400 for 6 units completed 59 $23,600
Professional Training Hours = $150 (for completion of 12 hours or $300
for completion of 24 hours 11 $3,150
Professional Training Receipts Based on receipts submitted = MAX $100 4 $273.79
Coursework Bonus for completing additional units after first 6 units.
$100 per unit with MAX $800 44 $22,100
Reflective Practice Seminar = $300 required concurrent enrollment in
one three-unit course. 26 $7,800
Education Milestone
M1 - completion of 24 ECE/CD and 16 GE for Teacher Permit = $500,
M2 - completion of AA/AS degree = $500
M3 -completion of BA/BS =$500
17
M1 = 8
M2 = 6
M3 = 3
M1 = $4,000
M2 = $3,000
M3 =$1,500
Lost Wages - Completion of lab or community-based supervised field
experience which required absence from employment, based on hours
completed
3 $3,750
PLC - Site Supervisor and Director Professional Learning Community =
$1000 7 $7,000
Total stipend types paid to 76 approved and eligible participants 171 $76,173.79
December 19, 2017 Contra Costa County Board of Supervisors Minutes 660
Page 6 of 7
Permit Applications Processed During 2016 - 2017 for State-Funded Programs
Permit Level by Job Title
Job Title
No
Permit
Yet Assistant
Associate
Teacher Teacher
Master
Teacher
Site
Supervisor
Program
Director Total
TAT or
Assistant 8 1 3 - - - - 12
Associate
Teacher - - 19 3 1 2 - 25
Teacher 2 - 3 9 2 2 - 18
Master/Lead
Teacher - - 1 2 3 5 1 12
Site
Supervisor - - - - - 6 2 8
Program
Director - - - - - - 1 1
Total 10 1 26 14 6 15 4 76
Retention by Job Title
Job Title and Years of Employment
Years of Employment Totals
Job Titles Not provided < 3 years 3-5 years 5-10 years
More than
10 years
Assistant 1 8 3 - 1 13
Associate Teacher 2 9 1 7 5 24
Teacher 2 6 2 3 6 19
Master Teacher - 2 2 - 7 11
Site Supervisor - - 1 1 6 8
Program Director 1 - - - - 1
Total - Central 6 25 9 11 25 76
December 19, 2017 Contra Costa County Board of Supervisors Minutes 661
Page 7 of 7
III. PROPOSED WORK PLAN/OBJECTIVES FOR 2017 - 2018
The LPC will continue to oversee the design and implementation of the following projects and priority
activities:
• Plan, Coordinate and Host the 14th Annual Young Children’s Issues Forum – Speak Out for
Children: Educate and Advocate scheduled for Saturday, March 17th, 2018 (See Save the Date Flyer
Attached).
• Complete the new Countywide Child Care Needs Assessment and Facility Development
Study 2017-2020
The Early Learning Facilities Needs Assessment would update the prior Child Care Needs Assessment
for 2017 (a statutory mandate for the LPC), and would provide key analysis and data on an
implementation effort to increase the supply of child care facilities in the County. The study is
expected to be completed by April 2018.
• Convene Annual LPC Member Retreat on December 1, 2017 to begin strategic planning process for
Contra Costa County Comprehensive Countywide Early Care and Education Plan 2017-2020.
• Participate, support and align funding goals to support countywide efforts to improve the quality
of all Early Care and Education programs through the Quality Matters (QRIS) Project.
• Co-sponsor teacher incentives and professional development services offered through Contra
Costa County PDP utilizing AB212 funding and in partnership with First 5 Contra Costa.
• Continue implementation of the California Transitional Kindergarten Stipend Project (CTKS) by
continuing to build and maintain relationships with TK Coordinators, State Preschool (CSPP)
Administrators and TK/CSPP teachers in Contra Costa County.
December 19, 2017 Contra Costa County Board of Supervisors Minutes 662
SAVE THE DATE—
14th Annual Young Children’s Issues Forum 2018
“Speak Out for All Children: Educate and Advocate”
Join your local state legislators, local elected officials, business leaders, early childhood educators,
families, and the community in a dialogue about the current movement to elevate the quality of Early
Care and Education services for all children and promote increased compensation.
When: Saturday, March 17, 2018, 9:00 AM – 2:00 PM
Registration and resource fair begins at 8:30 AM
Where: Pleasant Hill Community Center
320 Civic Drive, Pleasant Hill, CA 94523
Cost: $15 - Space is limited
Resources, continental breakfast and light lunch provided.
Watch for registration information on our website:
www.plan4kids.org
Limited child care available for children 2 years and up.
For more information, please call Ruth Fernández at 925-942-3413
Coordinated by the Contra Costa County Office of Education
December 19, 2017 Contra Costa County Board of Supervisors Minutes 663
RECOMMENDATION(S):
ACCEPT the report from the Employment and Human Services Department on the oversight and activities of the
Community Services Bureau.
FISCAL IMPACT:
No fiscal impact.
BACKGROUND:
Oversight of the Community Services Bureau and Head Start programs was originally referred to the Family and
Human Services Committee on March 1, 2005. Since that time the program has provided the Committee with annual
updates on the programs and services provided.
The Family and Human Services Committee reviewed and accepted the Community Services Bureau Oversight
Report (attached) at its October 30, 2017 meeting.
CONSEQUENCE OF NEGATIVE ACTION:
The Board will not receive an update on the Employment and Human Services, Community Services Bureau
activities.
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 12/19/2017 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: Kristen Lackey,
925-335-1043
I hereby certify that this is 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 19, 2017
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc:
C. 98
To:Board of Supervisors
From:FAMILY & HUMAN SERVICES COMMITTEE
Date:December 19, 2017
Contra
Costa
County
Subject:Family and Human Services Committee Referral No. 78 / Community Services Bureau Oversight Report
December 19, 2017 Contra Costa County Board of Supervisors Minutes 664
ATTACHMENTS
Community Services Bureau Oversight
Report
December 19, 2017 Contra Costa County Board of Supervisors Minutes 665
To: Family and Human Services Committee
Supervisor John Gioia, Chairperson
Supervisor Candace Andersen, Member
Date: October 12, 2017
From: Kathy Gallagher, EHSD Director
Subject: FHS Referral #78 Community Services Bureau/Head Start Oversight (Consent Item)
Please accept this oversight report regarding the operation of the Employment and Human
Services Department Community Service Bureau (CSB) and its programs. This memo
compliments CSB’s annual report sent to all Board offices in July 2017. Community Services
remains a leader in the field and is known throughout the country for its innovation and
technological advances. This memo outlines CSB’s accomplishments and special projects as
well as some challenges as we move into 2018.
Accomplishments and Special Initiatives
Early Care and Education Services
Head Start, Early Head Start, and California Department of Education funding allowed
CSB to provide services to 2,326 children directly and to 878 children through
alternative payment vouchers.
In March 2017, CSB was awarded funding to increase the number of Early Head Start
children from 383 to 573 – an increase of 190 much need spaces for infants and
toddlers. This next round of funding was in addition to the $1.1 million received in 2015
to support 72 infants and toddlers through a partnership with the Childcare Council.
New Head Start Performance Standards were released for the first time since 1975 and
were successfully integrated into all program systems and services. The new standards
allow programs the flexibility to develop and support programs based on community
need. The Board was updated in November 2016 on the critical changes impacting the
program.
In the 2016-17 Program Year:
o 100% of children had health coverage
o 100% of children had a medical home
o 100% of children were up-to-date on immunizations
o 95% of preschool children had dental exams with 87.4% of children needing
dental treatment receiving it
M E M O R A N D U M
Kathy Gallagher, Director
40 Douglas Drive, Martinez, CA 94553 | (925) 608.4801 | Fax (925) 608.4818 | www.ehsd.org
December 19, 2017 Contra Costa County Board of Supervisors Minutes 666
o 11.3% of children enrolled had certified disabilities, exceeding the federal
mandate that 10% of children enrolled have disabilities
A new Head Start Apprenticeship training program is underway whereby participants
will earn 12 core units in early childhood development in 18 weeks. This exciting
partnership with the YMCA of the East Bay and Contra Costa College will support
students in a cohort environment to receive transferrable courses while receiving on-
the-job training.
Three senior managers successfully completed the UCLA Anderson School of
Management Head Start Fellows program, a prestigious program designed to develop
exemplary leaders in the Head Start community and beyond.
In an effort to fully support our staff and families, CSB has embarked on several
initiatives to deepen the work we do in the community.
o CSB is proud to be part of the community-wide effort to become trauma-
informed. All staff and partners have participated in Trauma Informed Training
1.0 and several staff is now poised to be part of a train-the-trainer model for 2.0
with the intent to deepen staff’s understanding of trauma and employ best
practice strategies.
o In partnership with Children’s Hospital Oakland, CSB has adopted Reflective
Supervision as a means to fully support staff in working with families. Through
reflective practice, we are able to support the staff to be the best they can be
with the families we serve.
o CSB has begun implementation of CSEFEL Teaching Pyramid in 5 preschool
classrooms at Bayo Vista, GMIII and Riverview. The Teaching Pyramid is a
comprehensive approach designed to help educators promote social-emotional
competence, address challenging behaviors in young children, and develop safe
and nurturing group environments for all children. This approach will
complement the “Second Step” social-emotional curriculum that has been used
widely in all CSB classrooms.
Bureau-wide Strategic Initiatives: The following bureau-wide priorities were developed this
year:
CSB will develop systems and programs to facilitate increased staff competencies and
effective teams to ensure a strong and motivated workforce that can meet the current
and future needs of our communities.
CSB will identify, develop and implement technology solutions so that CSB is fully
streamlining processes, enabling reduced staff time on traditional paperwork and
maximizing human capital.
Community Action Program Services:
Ten subcontractors targeting three priority areas of need (employment, housing, and
nutrition) served 3,053 residents with a variety of services designed to ameliorate
poverty.
December 19, 2017 Contra Costa County Board of Supervisors Minutes 667
Seven low-income residents participated in a Student Intern program and receive on-
the-job training with pay to learn how to be exceptional clerical assistants – 100% of
them have achieved full-time employment.
The Low Income Energy Assistance Program service at total of 5,679 households.
The Economic Opportunity Council hosted a roundtable to create a coordinate system of
care among the subcontractors and to gather success stories to share in an effort to
preserve funding.
Challenges Ahead:
Aging Facilities: Most of CSB’s facilities are over 10 years old and are in need o f repair; and in
some cases, replacement. The Brookside Center, serving 75 children is one such center. Results
from tests conducted over the past year and a half have identified contamination in the soil on
and around the center grounds as a result of two inactive underground pipelines. In some areas
within the center, the residuals in the air exceed ESL (Environmental Screening Level) standards
for residential homes. Also of concern, is the growing vagrant population around the center
which has resulted in several encampments close to the entrance of the center and even a fire
that was set near the playground last year. Brookside is also housed between two active
railroad tracks operated by BNSF Railway.
CSB’s Las Deltas Center, serving 36 children housed at the Contra Costa Housing Authority in
North Richmond, is slated to be sold and potentially demolished. We have been informed that
we will need to vacate within the next year.
Additionally, several of CSB’s modular and stick buildings, purchased and b uilt in the early
2000s, are beginning to wear, requiring costly repairs such as foundational work, roof and floor
replacements, playground resurfacing and other repairs necessary to maintain health and
safety standards.
Flat Funding: Head Start and Early Head Start are not expected to get any funding increases,
and the Community Services Block grant has been reduced by 1% (and was slated for
elimination in the President’s “Skinny Budget”).
The cost of doing business as a county agency continues to rise, while funding is flat.
Mandated COLAs for staff are unfunded and other costs continue to climb.
Head Start childcare slots reductions become necessary to cover the rising cost of doing
business – reducing the number of child care slots impacts the child’s school readiness
outcomes and makes it harder for parents to go to work and stay at work.
CSB only receives $153,000 in county general funds.
Adequate Staffing
Staffing our classrooms with qualified teachers continues to be a struggle with a current
25% vacancy rate. Teachers are leaving our program to go to the school districts, which
offer higher pay for the same qualifications.
December 19, 2017 Contra Costa County Board of Supervisors Minutes 668
Support Needed:
In closing, it is important to note that that for every dollar invested in high quality care
and education, there is a $14 return on that investment in savings in down-stream costs
and economic gains made over the lifetime of the children served. This is a wise
investment and one of which the county can be very proud. This county’s program is
one of high quality: CSB’s annual client satisfaction survey shows a 99% satisfaction rate
with our services and CSB centers continue to rate 4s and 5s on the 5-point QRIS
(Quality Rating and Improvement Scale – aka Quality Matters) rating scale. Each year,
our child and family outcome measures shows that children and their families leave our
program ready for school. Investing in our neediest children both at the state and the
local levels is necessary. We urge our local legislators to advocate for funding and the
resources necessary to continue providing quality care.
December 19, 2017 Contra Costa County Board of Supervisors Minutes 669
RECOMMENDATION(S):
ACCEPT the annual report from the Employment and Human Services Department on Innovative Community
Partnerships and Whole Family Services.
FISCAL IMPACT:
There is no fiscal impact; the report is informational only.
BACKGROUND:
On January 6, 2015 the Board of Supervisors referred oversight and receipt of updates on the Employment and
Human Services Department's Innovative Community Partnerships to the Family and Human Services Committee
(F&HS).
On June 7, 2016, the Board approved expanding F&HS Referral No. 110 "Innovative Community Partnerships" to
include the subject of Whole Family Services. This change was necessary to incorporate a major Employment and
Human Services Department (EHSD) initiative, which refocuses client-facing benefit eligibility to assess the status
and needs of the “whole family” while they are also determining benefit eligibility. Key to the new initiative is
working with community partners to form a network of family resource centers in current place-based centers
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 12/19/2017 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 19, 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 19, 2017
Contra
Costa
County
Subject:Annual F&HS Report on Innovative Community Partnerships and Whole Family Services
December 19, 2017 Contra Costa County Board of Supervisors Minutes 670
BACKGROUND: (CONT'D)
such as SIT and SparkPoint sites, Family Justice Centers, First 5 centers, et al.
On June 26, 2017, the Family and Human Services Committee received the attached annual report on this referral
and approved it for Board approval.
CONSEQUENCE OF NEGATIVE ACTION:
The Board will not receive the annual report as recommended by the Family and Human Services Committee.
ATTACHMENTS
Innovative Community Partnerships Report
December 19, 2017 Contra Costa County Board of Supervisors Minutes 671
40 Douglas Drive, Martinez, CA 94553 • (925) 313-1500 • Fax (925) 313-1575 • www.ehsd.org
M E M O R A N D U M
Kathy Gallagher, Director
To: Family and Human Services Committee Date: June 26, 2017
Supervisor John Gioia, Chairperson
Supervisor Candace Andersen, Member
From: Kathy Gallagher, Director
Subject: FHS Referral #110 Innovative Community Partnerships
RECOMMENDATION:
ACCEPT the attached report on the Employment and Human Services Department’s (EHSD)
Innovative Community Partnerships.
Overview:
EHSD's mission is to partner with the community to deliver quality services to ensure access to
resources that support, protect, and empower individuals and families. Each year as many as 25% of
the county 's residents receive help from EHSD with putting food on the table , finding jobs, enrolling
their children in high quality child care, obtaining and maintaining health coverage, addressing and
avoiding family violence, and in many other life sustaining ways central to the county 's safety net.
Yet poverty, unemployment, abuse and neglect remain high. Addressing these complex, persistent
problems requires robust partnerships with community based agencies, county departments, law
enforcement, funders, businesses and policy makers.
The department's ability to fund and support innovative partnerships and projects that
strengthens the county's safety net has been greatly reduced as county general funds decreased
through the recession. Despite these significant revenue constraints, EHSD is prioritizing
participation in, and supporting the development of, key innovative partnerships. With the
support of the Policy and Planning Division, the department is working to strengthen
partnerships through strategic planning, public policy tracking and analysis, and resource
development. The following report highlights three examples among many that are central to
EHSD's efforts. Also included is a description of an emerging approach to develop a stronger
infrastructure to support partnerships in the future through resource development.
Partnership Highlights
EHSD participates in and funds or supports numerous public/private partnerships. The following
highlights three key innovative efforts.
December 19, 2017 Contra Costa County Board of Supervisors Minutes 672
2
Elder Abuse Prevention
Under the leadership of EHSD's Adult Protective Services (APS), an innovative partnership, Elder
Abuse Prevention Project (EAPP), is underway to create a coordinated system of care to address
elder abuse countywide, an underreported and often invisible issue. Elderly are the fastest growing
segment of the county's population: from 2000 to 2010, the population of seniors 65 and older
increased from 107,272 to 130,432 or 21.5%. Based on long term data, the percentage of seniors in
CCC will continue to grow.
With the support of a $400,000 grant from the Office of Emergency Services, this robust
partnership consists of community agencies: Family Justice Center, Senior Peer Counselors, Senior
Legal Services, Meals on Wheels, and Ombudsman Services; and county departments Adult
Protective Services, District Attorney, and Behavioral Health. The program builds on the existing
capacity of multiple agencies to coordinate identification and services for victims of domestic
violence, sexual assault, stalking, and human trafficking. The program's design takes into account
the 2,000 – 3,000 annual APS caseload, and focuses on the areas where direct service is most
required: financial abuse, case management, and counseling. This focus will increase justice for, and
safety of, senior residents.
The EAPP also allows the county to put in place a common data collection tool to ensure that these
cases are handled in a more coordinated fashion. Finally, the EAPP provides a platform to raise
awareness in the community, helping all providers to better identify and respond to cases of elder
abuse.
Whole Person Care: Community Connect
EHSD is collaborating as a key partner with Contra Costa Health Services (HSD) and a range of
community agencies in a $200 million, 5-year Whole Person Care pilot funded through California's
Section 1115 Medicaid waiver (Medi-Cal 2020). Contra Costa County is one of 18 pilot locations in
the state, with California being the only state in the country implementing a pilot of this nature.
Under HSD's leadership and oversight, multi-disciplinary teams will apply a “whole person"
approach to caring for high-risk members of our community who are also frequent users of
emergency and other medical services. Participants will be provided with medical, behavioral
health, social services, housing support, public benefits, eligibility and enrollment services, and
integrated care coordination. This initiative provides an opportunity for EHSD to contribute its
expertise to the emerging care model that recognizes the importance of “social determinants of
health" on a person's overall wellbeing.
The backbone of this partnership is an administrative and technology infrastructure that enables
providers and case managers access to shared data, working together on coordinated case
management and streamlining the identification of social needs and prioritization of service
needs. EHSD and HSD are finalizing details of EHSD's participation (roles, financing) in the next
month. This partnership provides a concrete opportunity for HSD and EHSD to collaborate on a
December 19, 2017 Contra Costa County Board of Supervisors Minutes 673
3
new more robust level working together to systematically meet patients' needs and reduce
barriers to care.
Safety and Healing: Family Justice Centers
Developed by the Contra Costa Alliance to End Abuse (formerly Zero Tolerance for Domestic
Violence Initiative), the Family Justice Centers embody an innovative public/private partnership.
Each Family Justice Center (Central County and West County) has 16+ on-site partners providing
services under one roof, including law enforcement agencies, community based organizations
and county departments. Both centers are community hubs for education and integrated
services for victims of interpersonal violence.
In 2016, the Family Justice Centers added six new partner agencies to their sites in Central
(Concord) and West (Richmond) County to provide services. Additionally, the Family Justice
Centers launched several new programs including a "Lawyers for Family Justice" program
providing free legal services for 387 clients in family law, restraining orders, immigration, and
housing law, and the Community Fellowship program: a 10-month program designed to equip
survivors of interpersonal violence with leadership skills to empower their long-term success.
This year, CCC Alliance to End Abuse led the planning and implementation of a robust
governance structure and fund development approach to support long term sustainability of
the centers. Plans for the development of a FJC are underway in East County.
In addition, the CCC Alliance to End Abuse in collaboration with the Family Justice Centers
launched two multidisciplinary teams this year with a focus on high risk and complex domestic
violence and human trafficking cases. Both multidisciplinary teams include multiple agencies (law
enforcement, District Attorney's office, service providers, and culturally responsive agencies)
with a focus on helping survivors meet their personal and family goals. Agencies have reported
increased collaboration, access to services for survivors, and relationships built across systems.
Strengthening the Safety Net through Resource Development
Given the department's significant revenue constraints, EHSD initiated a project to identify
opportunities to increase the amount of private and public funding that supports EHSD
programming and safety net services in Contra Costa. The Glen Price Group (GPG) is assisting with
this project with financial support from the Contra Costa Funders Group.
The initial phase of this project includes:
• Determining the infrastructure and internal capacity necessary for EHSD to successfully
identify, apply for, and obtain public and private grant funds; and
December 19, 2017 Contra Costa County Board of Supervisors Minutes 674
4
• Researching best practices for public agencies to support collaborative grant proposals
developed and submitted by public agencies in partnership with community based
partners and/or developed and submitted by community partners, to jointly strengthen
safety net services.
Informed by recommendations from this first phase, EHSD plans to put in place a realistic
approach to increasing and leveraging resources that support innovative partnerships moving
forward.
December 19, 2017 Contra Costa County Board of Supervisors Minutes 675
RECOMMENDATION(S):
ACCEPT the report from Employment and Human Services Department on Children and Family Services funding
and prevention services.
FISCAL IMPACT:
No fiscal impact.
BACKGROUND:
The Family and Human Services Committee (F&HS) Chair requested that the Employment and Human Services
Department make a presentation to the F&HS on Title IV-E claiming and funding for youth at risk of entering the
foster care system and opportunities for leveraging these resources with other funding sources.
The F&HS reviewed and accepted the Children and Family Services Funding and Prevention Services Report
(attached) at its October 30, 2017 meeting.
CONSEQUENCE OF NEGATIVE ACTION:
The Board will not receive the Children and Family Services Funding and Prevention Services Report provided by
the Employment and Human Services Department.
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 12/19/2017 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: Kristen Lackey,
925-335-1043
I hereby certify that this is 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 19, 2017
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc:
C.100
To:Board of Supervisors
From:FAMILY & HUMAN SERVICES COMMITTEE
Date:December 19, 2017
Contra
Costa
County
Subject:Employment and Human Services Department Children and Family Services Funding Streams and Prevention
Services
December 19, 2017 Contra Costa County Board of Supervisors Minutes 676
ATTACHMENTS
CFS Funding Streams and Prevention
Report
Chart of CFS Funding and Programs
CFS Funding and Prevention Presentation
December 19, 2017 Contra Costa County Board of Supervisors Minutes 677
EHSD Report to Family and Human Services Committee, September 2017
Report to the
FAMILY AND HUMAN SERVICES COMMITTEE
October 2017
Children & Family Services
FUNDING STREAMS AND
PREVENTION SERVICES
Kathy Marsh, CFS Director
Emilia Gabriele, EHS Chief Financial Officer
KATHY GALLAGHER
Director
December 19, 2017 Contra Costa County Board of Supervisors Minutes 678
EHSD Report to Family and Human Services Committee, October 23, 2017
December 19, 2017 Contra Costa County Board of Supervisors Minutes 679
EHSD Report to Family and Human Services Committee, October 23, 2017 EHSD Report to Family and Human Services Committee, September 2017 TABLE OF CONTENTS
INTRODUCTION .............................................................................................................. 1
PART 1 CHILDREN & FAMILY SERVICES OVERVIEW .................................................................. 2
CHILDREN’S SERVICES MANDATES ....................................................................................... 3
CHILDREN’S SERVICES PROGRAMS ....................................................................................... 4
CHILDREN AND FAMILIES SERVED ....................................................................................... 6
PART 2 CHILD WELFARE SERVICES FUNDING .......................................................................... 7
FUNDING INFORMATION ................................................................................................... 8
FEDERAL FUNDING .......................................................................................................... 9
TITLE IV-E WAIVER BLOCK GRANTS .................................................................................. 11
STATE FUNDING ............................................................................................................ 12
COUNTY FUNDING ......................................................................................................... 13
91/92 REALIGNMENT...................................................................................................... 14
2011 REALIGNMENT: PROTECTIVE SERVICES ACCOUNT ........................................................... 15
POST 2011 REALIGNMENT ................................................................................................ 17
CONTINUUM OF CARE REFORM ........................................................................................ 18
IMPORTANCE OF TIME STUDIES ........................................................................................ 19
PART 3 PREVENTION AND EARLY INTERVENTION ................................................................... 20
REDESIGN & PREVENTION AND EARLY INTERVENTION ............................................................ 21
PREVENTION PROGRAM ADMINISTRATION .......................................................................... 24
PREVENTION FUNDING BUDGET ........................................................................................ 26
FAMILY AND CHILDREN’S TRUST FUND COMMITTEE .............................................................. 27
PREVENTION FUNDS MANAGED BY FACT ............................................................................ 29
PROMOTING SAFE AND STABLE FAMILIES (PSSF) ................................................................... 30
CHILD ABUSE PREVENTION COUNCIL (CAPC) ...................................................................... 31
CHILD WELFARE SERVICES WRAPAROUND PROGRAM ............................................................ 32
OTHER EARLY INTERVENTION/INTERVENTION STRATEGIES ..................................................... 33
PARTNERING WITH CHILDREN’S MENTAL HEALTH ................................................................ 36
OTHER PARTNERS SUPPORTING CHILDREN AND FAMILIES ....................................................... 37
PREVENTION PROGRAM BUDGETS ..................................................................................... 41
December 19, 2017 Contra Costa County Board of Supervisors Minutes 680
EHSD Report to Family and Human Services Committee, October 23, 2017
December 19, 2017 Contra Costa County Board of Supervisors Minutes 681
EHSD Report to Family and Human Services Committee, September 2017 EHSD Report to Family and Human Services Committee, October 23, 2017 1
INTRODUCTION
This report provides the following information:
A brief overview of Children & Family Services mandates, programs and population
served.
An overview of how funding supports the primary role of Children & Family Services,
which is intervention, and a discussion about funding that is available for
prevention, early intervention and diversion from intervention to other support
systems.
A description of prevention, early intervention and diversion strategies within the
scope and/or funding stream of Child Welfare Services. This report also highlights
some agencies and non-profit organizations that partner with Child Welfare Services
in keeping children in Contra Costa safe and well.
As documented in this report, funding primarily supports intervention activities – support
and services to children when their current living environment with their families or
caretakers is assessed as unsafe and an intervention by Child Welfare Services is deemed
necessary.
The funding to Child Welfare Services for prevention of child abuse and/or neglect or for
the well-being of children and families is limited. When funds are allocated for prevention,
the methodology for the funding frequently imposes limitations on how funds can be
expended. This is explained in Parts 2 and 3 of this report.
Though the primary responsibility is intervention, within the scope and intent of the
mandate for Child Welfare Services, there are multiple strategies and opportunities that
assist families in addressing emerging family problems, eliminate or reduce the need for
intervention, prevent recidivism of the behaviors that brought the family into Child Welfare
Services thus minimizing the recurrence of further intervention, and shortening timelines
for child welfare involvement. Various strategies are discussed in Part 3 of this report.
December 19, 2017 Contra Costa County Board of Supervisors Minutes 682
2 EHSD Report to Family and Human Services Committee, October 23, 2017
PART 1 CHILDREN & FAMILY SERVICES OVERVIEW
December 19, 2017 Contra Costa County Board of Supervisors Minutes 683
EHSD Report to Family and Human Services Committee, September 2017 EHSD Report to Family and Human Services Committee, October 23, 2017 3
CHILDREN’S SERVICES MANDATES
Welfare & Institutions Code §16500.1 defines the Child Protection Goals as follows:
Use strengths of families and communities to serve the needs of children who are
alleged to be abused or neglected…
The primary responsibility of Children & Family Services is service to children who require
Child Protective Services intervention to assure their safety. Once safe, Children & Family
Services provides services and support to promote the well-being of the child in a
permanent living environment that supports them, prevents further abuse and/or neglect
and provides permanency and lifelong connections.
The primary activities of Children and Family Services include receiving child abuse
referrals, investigating child abuse allegations, petitioning the Juvenile Court in dependency
matters, providing in-home and out-of home services to ameliorate abuse and neglect
issues, and facilitate adoption services.
The department works in collaboration with agency partners and the community to provide
supportive services to meet the needs of the families and children during the intervention
process.
December 19, 2017 Contra Costa County Board of Supervisors Minutes 684
4 EHSD Report to Family and Human Services Committee, October 23, 2017 CHILDREN’S SERVICES PROGRAMS
Programs include:
Emergency Response – 24-hour, 365 days per year response to allegations of child
abuse and neglect. Social Workers assess and determine level of response.
Assessments of potential safety risk to children are investigated and interventions
are initiated as deemed necessary.
Family Maintenance – Services are provided to maintain children in their homes
while risk of abuse and neglect are addressed and issues that brought the family to
the attention of Child Welfare services are addressed.
Family Reunification – When a child is removed from a parent’s care due to abuse
and/or neglect, Family Reunification services are provided to remedy the conditions
that led to removal. The family is engaged and a reunification plan is developed by
Social Workers and family.
Permanency Planning – Services assist children in establishing permanent families if
reunification is not feasible. Permanency plans can be adoption or guardianship.
Extended Foster Care – Foster Youth ages 18-21 may receive services and funding to
assist during years of transition. These children are non-minor dependents.
Adoption Services – Contra Costa’s Adoption Services are for abused and neglected
children when the child is unable to return to the care of their parent. The agency
seeks families that can meet the special needs of these children. Post adoption
support services are also available to families and children.
Support activities that augment Core Services:
Resource Home Recruitment, Development and Licensing: This includes the
Continuum of Care Initiative, Foster Parent training and support, and Kinship
Support services
December 19, 2017 Contra Costa County Board of Supervisors Minutes 685
EHSD Report to Family and Human Services Committee, September 2017 EHSD Report to Family and Human Services Committee, October 23, 2017 5
Transition Support for Youth exiting Foster Care: This includes Independent Living
Skills programs, extended Foster Care support, Transitional Housing Placement
programs and Emancipated Youth stipends.
Family Engagement Program: This includes Parent Partners (advocating for and
supporting parents), Early Intervention Outreach Specialist program (referral and
support for substance abuse issues), Nurturing Parent programs (provides parenting
classes and support for new parents) and liaisons for caretakers, Mental Health, and
education.
Commercial Sexual Exploitation of Children (CSEC): This includes Child Trafficking
Response, training and prevention.
Welfare & Institutions Code 300 provides specific intent, policy and direction to address
this mandate, all within 3 broad objectives of safety, permanency and well-being of
children, including:
• Safety, permanency and well-being of children
• Screen and investigate referrals of suspected abuse
• Manage cases for children when deemed not safe
• Provide 24/7 response and coverage
• Complete monthly visits for all children receiving child welfare intervention
services and meet with parents
• Develop and oversee service plan for parents and support their participation
• Provide best possible environment for children in foster care
• Reunify when possible, find permanency when reunification is not possible
• Regularly submit detailed reports to the court regarding parents’ and children’s
progress
December 19, 2017 Contra Costa County Board of Supervisors Minutes 686
6 EHSD Report to Family and Human Services Committee, October 23, 2017 CHILDREN AND FAMILIES SERVED
Children age 0 to 17 in county 253,328
Screening Hotline Calls in 2016 36,690
Investigated referrals in 2016
(Emergency Response)
9,808
Cases opened (Substantiated Referrals) in 2016 962
Children currently in Foster Care
(Family Reunification & Permanent Placement)
1,045
Children currently receiving services in their family
homes
(Family Maintenance)
178
Transitioning youth
(Extended Foster Care)
140
Total Monthly Visits in 2016 to youth in Foster Care 9,657
Total Monthly Visits in 2016 to youth receiving
services in their homes 2,823
December 19, 2017 Contra Costa County Board of Supervisors Minutes 687
EHSD Report to Family and Human Services Committee, September 2017 EHSD Report to Family and Human Services Committee, October 23, 2017 7
PART 2 CHILD WELFARE SERVICES FUNDING
December 19, 2017 Contra Costa County Board of Supervisors Minutes 688
8 EHSD Report to Family and Human Services Committee, October 23, 2017 FUNDING INFORMATION
Funding Sources for all Social Services Programs including Child Welfare Services include:
– Federal
– State
– Local Revenue (Realignment)
– County General Fund
– Grants
Multiple funding streams support Child Welfare Services, each defined to meet a specific
need. Each funded program has a Sharing Ratio that defines the percent of the allocation
that is supported by federal, state or county dollars (Federal/State/County).
Each funding source has a methodology defined by California Department of Social Services
(CDSS) that determines the overall allocation amount for each county. The methodology
may be based on the county caseload as a prorated share of the total state budgeted
amount or staff activities captured in Time Studies.
Some Federal funding is open-ended, the amount of the funding is not capped but will
match costs incurred with capped state and or county funds for the specific purpose of the
program.
Other State/Federal funding streams are capped, there is maximum amount that will be
given for the program or activity.
Child Welfare Services mandated programs fund:
• Specific programs and/or activities.
• Administrative costs (including staffing and benefits), services or a combination
of these.
Funding is based on:
• Reimbursement for actual cost of benefits issued.
• Reimbursement for expenditures for funded activities or services (costs are
submitted via California Department of Social Services Claim forms).
December 19, 2017 Contra Costa County Board of Supervisors Minutes 689
EHSD Report to Family and Human Services Committee, September 2017 EHSD Report to Family and Human Services Committee, October 23, 2017 9
FEDERAL FUNDING
“Titled” federal funding is received by the state and distributed to counties based on th e
methodology of each allocation. The Title number refers to the number assigned to the
specific need that is being addressed.
State and County funds are used to draw down the federal funding.
Titled federal funding for Child Welfare services includes:
Title IV-B, Sub-Part 1 – A small, capped allocation which requires a 25% County
General Fund share to draw down the allocation. It is used for services that support
Emergency Response, Family Maintenance, Family Reunification and Permanent
Placement programs. It is generally used up by the first or second quarter and any
additional costs are shifted to non-federal funding (70% 2011 Realignment and 30%
County General Fund).
Title IV-B, Sub-Part 2 – Promoting Safe and Stable Families (PSSF) is a capped
allocation. This is a prevention program and is discussed in the Prevention Services
section of this document.
Title IV-E – Open ended; funds assistance payments and administrative costs
including worker salary and benefits for Federal Foster Care, Adoptions and Kin-Gap
Assistance. Also funds administrative costs including salary and benefits for social
workers for referral to services, court work, placements, case planning and
management. Cases that are not linked to federal funding are not eligible.*
Supportive services for children or families are not included (i.e. counseling, anger
management). Previously, Title IVE funds were available for reasonable efforts;
discretionary services are no longer fundable.
Title XIX – Open ended; provides partial coverage for referrals and casework for
Medi-Cal eligible or potentially eligible dependent children for health, mental
health, substance abuse treatment and health related Social Services. It also
provides 75% reimbursement for Skilled Professional medical personnel and 50%
reimbursement for health related services and activities.
December 19, 2017 Contra Costa County Board of Supervisors Minutes 690
10 EHSD Report to Family and Human Services Committee, October 23, 2017 *Use of Title IV-E funds is for children and families who are determined to meet federal
eligibility requirements. Linkage to Federal eligibility is based on 1996 income and
deprivation standards of the former AFDC (Aid to Families with Dependent Children)
program:
• Deprivation standards: Children are deprived of parental support due to at least
one parent’s continued absence, physical or mental incapacity or death.
• In two parent households in which both parents are able-bodied, at least one
parent must be unemployed and have a “recent connection to the workforce.”
• Income must be below the financial threshold established in 1996. In 1996, the
income limit for a California family of three to qualify for AFDC was $723. The
income limit for the same family to quality to CalWORKs cash assistance today is
$1,252.
The number of federally eligible children has steadily decreased over the years due to the
cost of living far exceeding 1996 levels. Reimbursements for expenditures are discounted
by the percentage of non-federal children in foster care; the result is decreasing federal
participation of Title IV-E federal funding.
The percent of cases that are determined to be non-federal (i.e. families who do not meet
the criteria for federal eligibility as explained above) establish a “Non-federal Discount
Rate” for the county. California’s average discount rate in 2015 was 35%. Contra Costa’s
rate for the fourth quarter of fiscal year 2017 was 46.2%. (The variance in the discount rate
is influenced by the percentage of families in the county whose income exceeds the
standards set in 1996.)
There are ongoing federal discussions to delink Title IV-E funding from the discount rate
and convert Title IV-E from an uncapped funding source to a capped (block grant) funding
source. The net effect of block grant would be to underfund the foster care system as
referrals and placements are not entirely under the county’s control.
December 19, 2017 Contra Costa County Board of Supervisors Minutes 691
EHSD Report to Family and Human Services Committee, September 2017 EHSD Report to Family and Human Services Committee, October 23, 2017 11
TITLE IV-E WAIVER BLOCK GRANTS
In March 2006, California was approved to implement the Title IV-E Child Welfare
Demonstration Capped Allocation Project (CAP) which gave participating counties a Block
Grant instead of open ended reimbursement for Foster Care benefits and case
management.
• Block Grant amounts were established using a base year when Foster Care
caseloads were low.
• Block Grants give broader discretion and more flexible use of federal and state
foster care funding that allowed counties to address the individualized services
and special needs of children youth and families served and to develop and
implement alternative services as a means to improve outcomes for children
and their families.
• Placement rates are set by the state for participating Title IV-E Waiver counties.
Initially, 2 counties participated when the CAP was implemented on July 1, 2007: Los
Angeles and Alameda. In August 2012, CDSS requested a Letter of Intent from counties
interested in pursuing the waiver extension in Cohort 2. 23 counties responded including
Contra Costa. At that time, Contra Costa examined the fiscal benefits of participating and
determined that based on the Foster Care caseloads in the designated base year and the
anticipated growth in the foster care program, participation would not be cost beneficial to
our county.
Eight counties currently participate. The federal option to participate in the Title IVE
Waiver has been withdrawn and the option is no longer available.
December 19, 2017 Contra Costa County Board of Supervisors Minutes 692
12 EHSD Report to Family and Human Services Committee, October 23, 2017 STATE FUNDING
State funds provide a share of funding for various programs, services and activities,
including:
• A share of funding for federal programs; the sharing ratio for each allocation
defines the federal, state (realigned or capped funds) and county participation.
(Example: Title IV-E: 50/35/15, federal/state/county share of costs). For
example, funding for CWS Skilled Professional Medical Personnel is 75/17.5/7.5,
that is 75% Federal Health related Fund, 17.5% State funds and 7.5% County
General Fund.
• State Only programs and activities not eligible to federal funding.
• Capped allocations for specific activities that are not included in 2011
Realignment, for example Commercially Sexually Exploited Children, Children
and Family Teams, and Resource Family Approval. Contra Costa County’s share
of the allocation is based on its prorated share of the statewide caseload.
• Support for new premises and programs created by legislation that require new
or enhanced activity; these are grouped in the Post 2011 Realignment allocation.
One issue of concern is that the funding method for some allocations includes the
statewide average cost of a Social Worker. This cost is factored into the allocations. The
cost of a Social Worker in Contra Costa, as in all large counties, exceeds the statewide
average.
Annual reports are submitted to the state regarding actual costs of a County Social
Worker.
December 19, 2017 Contra Costa County Board of Supervisors Minutes 693
EHSD Report to Family and Human Services Committee, September 2017 EHSD Report to Family and Human Services Committee, October 23, 2017 13
COUNTY FUNDING
County General Funds are utilized to provide the mandated match for Federal and State
Programs:
• A mandated portion of the assistance payments: Foster Care and Adoptions
Assistance.
• A mandated share of administrative costs.
• Overmatch/Overspending of an allocation.
December 19, 2017 Contra Costa County Board of Supervisors Minutes 694
14 EHSD Report to Family and Human Services Committee, October 23, 2017 91/92 REALIGNMENT
91/92 Realignment provides dedicated funding to cover the increased county share of
nonfederal costs for Child Welfare assistance and administration programs. Funding is
derived from a ½ cent sales tax increase and a dedicated a portion of the vehicle license fee.
Pre 91/92
Realignment
Non-Federal
Sharing Ratio
State/County
Post 91/92
Realignment
Non-Federal
Sharing Ratio
State/County
Funding Ratios with
Federal Participation
Fed/State/County
Foster Care
Payments
95/5 40/60 50/20/30
Child Welfare
Services
Administration
76/24 70/30 50/35/15
Adoption
Assistance
100/0 75/25 50/37.5/12.5
Foster Care
Administration
50/50 70/30 50/35/15
December 19, 2017 Contra Costa County Board of Supervisors Minutes 695
EHSD Report to Family and Human Services Committee, September 2017 EHSD Report to Family and Human Services Committee, October 23, 2017 15
2011 REALIGNMENT: PROTECTIVE SERVICES ACCOUNT
Prior to Realignment
• Child Welfare Services was funded by multiple separate allocations.
• Funding sources were not stable, each year the state budget would determine
the Child Welfare allocations.
• Each allocation was separate and could only be used as it was defined for that
allocation (there was no flexibility to move funds between allocations).
• Allocations not spent were redistributed to counties who had “overspent” their
allocation.
2011 Realignment
In 2011, the State of California reorganized the distribution of funds to counties. 2011
Realignment reassigned the responsibility for 100% of the non-federal costs to counties
along with a shift of tax revenues to counties. Realignment legislation required each county
to establish a Support Services Account which has two separate components: A Protective
Services Subaccount and a Behavioral Health Subaccount. The Protective Service
Subaccount includes Child Welfare programs and Adult Protective Services . The Behavioral
Health Subaccount fund supports Mental Health services.
Child Welfare Services 2011 Realignment:
• Combined multiple funding allocations into a single funding stream umbrella.
• Reassigned the responsibility of 100% of the non-federal costs to the counties
along with a shift of tax revenue to the counties in lieu of state general fund.
The funding for these programs now bypasses the state general fund and budget
process entirely. In a strong economy realignment provides for growth.
According to statute, growth must be used to fund the programs included in
each realignment account.
December 19, 2017 Contra Costa County Board of Supervisors Minutes 696
16 EHSD Report to Family and Human Services Committee, October 23, 2017 • Did not change mandates -- Counties are still responsible for the same
mandates.
• Stabilized the funding source and dedicated a portion of the sales tax and vehicle
license fees for Child and Adult Protection.
• Allows up to 10% of funds to be transferred between the Protective Services
Subaccount and the Behavioral Health Subaccount.
Primary Child Welfare Programs included in 2011 Realignment:
Foster Care
Foster Care Assistance
Child Welfare Services
Adoptions
Adoptions Assistance
Child Abuse Prevention, Intervention and Treatment (CAPIT)
Benefits to counties
• Stable funding source from a dedicated revenue stream; however, this means
the funding is determined by revenues coming to the state and county from
the vehicle license fees and sales tax. Shifts in this revenue impact county
funding. Unspent revenue remains in the account for use in future fiscal years.
• Flexibility for resource allocation: Realignment allows counties flexibility to
allocate funds to various realigned programs and support the individual county’s
needs. Counties cannot use Realignment funds to pay for activities outside the
scope of 2011 Realignment programs.
Challenges to Counties
• Realignment fund is capped; this is not an unlimited source of revenue.
• Revenue may be down when program demands are on the rise.
• Vehicle license fees tend to be volatile.
December 19, 2017 Contra Costa County Board of Supervisors Minutes 697
EHSD Report to Family and Human Services Committee, September 2017 EHSD Report to Family and Human Services Committee, October 23, 2017 17
POST 2011 REALIGNMENT
New mandates enacted after 2011 Realignment have now been grouped into the Post 2011
New Premises Allocation:
• Includes Child Welfare Services premises resulting from legislation, regulations,
executive orders and administrative directives. This allocation funds additional
time for caseworkers to complete specific activities.
• Claiming structure is established by CDSS and in coordination with CWDA.
• Includes many small capped allocations such as: Case Record Reviews, Sibling
Visitation, Pregnant/Parenting Minors and Non-minor Dependents.
December 19, 2017 Contra Costa County Board of Supervisors Minutes 698
18 EHSD Report to Family and Human Services Committee, October 23, 2017 CONTINUUM OF CARE REFORM
Enacted on 1/1/2017, Legislated by AB403, the premises are:
• Children do best in a home setting rather than congregate (group home) care.
• Family foster homes require additional services to support children.
• Collaboration between agencies is important to best serve children and youth.
Change in Rates for Resource Families
• Home-Based Family Care rates (formerly known as Foster Care) are no longer
determined by age but instead based on need (Phase II).
• Foster Family Agencies – tiered rate structure based on need, not age based
(Phase II).
• Most Group Homes will be converted to STRTP’s (Short Term Therapeutic
Programs) with new rates.
Additional services support families
• Child & Family Team Meetings.
• Enhanced Mental Health Services and Wraparound. In Contra Costa, funding
from Children & Family Services will be used to support this enhancement.
Fiscal Impact of CCR:
• State anticipates that in the long run there will be a cost savings as more children
are placed in family home settings and less in congregate care.
• Both CDSS and counties are tracking shifts in placement and services
expenditures to determine if cost savings are realized.
• Continuum of Care Reform calls for reconciliation between the state and county
to ensure cost neutrality.
December 19, 2017 Contra Costa County Board of Supervisors Minutes 699
EHSD Report to Family and Human Services Committee, September 2017 EHSD Report to Family and Human Services Committee, October 23, 2017 19
IMPORTANCE OF TIME STUDIES
• Purpose: Method of claiming staff salaries, benefits and overhead costs.
• County staff time study to various program codes in order to capture activity
and allocate costs to various programs.
• Total Full Time Equivalents for the activity determine the Federal and State
revenue, which are subject to funding limitations.
• Opportunity to maximize revenue for mandated activities
is lost when Children and Family Services is understaffed
and/or there are vacancies.
Since overhead costs are shared, fewer Child Welfare Staff time study hours
result in a higher percentage of overhead costs being shifted to other
programs with capped allocations.
December 19, 2017 Contra Costa County Board of Supervisors Minutes 700
20 EHSD Report to Family and Human Services Committee, October 23, 2017
PART 3 PREVENTION AND EARLY INTERVENTION
December 19, 2017 Contra Costa County Board of Supervisors Minutes 701
EHSD Report to Family and Human Services Committee, September 2017 EHSD Report to Family and Human Services Committee, October 23, 2017 21
REDESIGN & PREVENTION AND EARLY INTERVENTION
The Employment & Human Service Department (EHSD) has for many years played an
important role in supporting community efforts to create environments to prevent
maltreatment of children. In 2001, the California Department of Social Services launched a
Child Welfare Redesign initiative and Contra Costa was an early implementer of the
initiative. The Redesign sought to improve outcomes for vulnerable children & families
through the use of data to assess what communities were most impacted by Child Welfare
intervention, what were the demographics of the population and what happened to the
children and youth who came into foster care. A review of Contra Costa revealed that most
of the families were in areas where poverty, substance abuse and mental health were seen
as major impacts to families. The objective of the Redesign was for agencies to consider
strategies could be used to better serve these children and families and strengthen both
the family and the community. Thus designing a system that could prevent unnecessary
removal of children from their homes and community and develop supports to serve
families in their community was (and continues to be) a challenge.
Child Welfare is an allegation based system and the redesign had an objective to “act early
to preserve and strengthen families” through early intervention. To that end, what was
proposed was “Differential Response” strategy that allowed for more flexibility in the child
welfare response system by using community partners to work with families that clearly
were in crises but not in need of a child welfare “investigation”. Differential Response
continues today with community based organizations providing case management and
services to families in targeted areas.
Other strategies developed at that time include Team Decision Making, Parent Partners,
Kinship Resource Centers, Receiving Centers, Foster Home recruitment strategies that
focused on the communities where children were removed, wrap-around services to keep
the child safely in their home, Substance Abuse program for mothers and newborns,
expansion of substance abuse services and home visiting (Welcome Home Baby).
Another important goal of the Redesign was to prepare youth in the system for successful
transition to adulthood and to that end, EHSD enhanced the Independent Living Skills
Program by creating a site that included classrooms for training, a computer lab, a library
with audio visual equipment, and a demonstration kitchen to better serve and prepare the
youth for living independently and taking the next steps to college, trade school, jobs, or
December 19, 2017 Contra Costa County Board of Supervisors Minutes 702
22 EHSD Report to Family and Human Services Committee, October 23, 2017 military. Additionally, Transitional Housing was developed for those youth aging out of the
system. Today, support for transitioning youth continues under the Extended Foster
system, a mandated component of the Child Welfare System continuum.
In more recent years, Child Welfare staff has created partnerships with the Welfare to Work
(WtW) staff when the family has both a child welfare and a CalWORKs WtW open case. The
WtW goal is to promote self-sufficiency and to reduce barriers to employment. By working
jointly with the family they have been able to address issues that have been factors leading
to child maltreatment and barriers to employment and, thus, have strengthened the family
and the community.
Almost all of those mentioned are considered early intervention or intervention strategies
because the department has received an allegation of maltreatment that is investigated to
determine harm or risk of harm to the child. The child welfare assessment will determine
whether the family can be offered service without formal intervention of child welfare and
the courts.
The only program included in the Redesign that included both prevention (service was not
initiated by an allegation of abuse) and early intervention was Welcome Home Baby: this
program offered services to all families with first born children with the goal of supporting
healthy development of the child but child welfare often used it after a referral was
received to support the family while formal child welfare continued with case management.
This program continues under the name of Nurturing Parenting and Baby Bags and is
managed by the Child Abuse Prevention Council.
The Preventive Programs that EHSD supports are those funded by the small amount of
funding from Child Abuse Prevention and Intervention (CAPIT), the Children’s Trust Fund
(birth certificate), Ann Adler (VHF) and Promoting Safe and Stable Families (PSSF). The total
budget for the above programs fluctuates annually but amounts to a little over a million
dollars (2017-18 estimated revenue is $1,353,334). There are a few additional sources of
funding that are designed for early intervention and/or intervention such as Family
Preservation and Commercially Sexually Exploited Children program, these are described in
this section of the report.
Programs currently funded are included in the attachment to this document. They include a
variety of services such as; Supporting parenting and pregnant teens (Crossroads High
School), Services to children whose families are impacted by substance abuse (Ujima),
mental health services to children at specified elementary schools, housing supportive
services, after school services at teen center, positive parenting support groups, visitation
center and adoption supportive services.
December 19, 2017 Contra Costa County Board of Supervisors Minutes 703
EHSD Report to Family and Human Services Committee, September 2017 EHSD Report to Family and Human Services Committee, October 23, 2017 23
To develop prevention strategies, it is important that to focus on the factors that research
has shown correlate with child maltreatment.
Poverty - more hardship in the communities and less support
Substance Abuse issues – and lack of treatment
Mental Health issues – untreated and lack of service providers in these geographic
locations
Single parenting – with little supports
The development of a comprehensive Prevention approach requires a funding source
through collaboration of private and public agency, city and county, community business
investment and with community stakeholder support and buy-in. Selecting specific
strategies cannot be separated from the community and families it seeks to serve. This is
a collaborative process requiring the clear understanding of what area the prevention
program targets and what are the short-term and long-term outcomes we expect to
achieve including the measures to be used to evaluate success. In evaluation language, we
must develop a logic model that states, “if we do this” then we think this will result in this
outcome.
The challenge for EHSD is the balancing between developing Prevention Programs and
ensuring that the services and supports are available for children that are under our
supervision and for the parents that we are working with on reunification. Providing
transitional services for youth who have not returned home and must become self-
sufficient adults also requires the development of strong programming. Balancing all these
demands and serving our most vulnerable is the mission of the child welfare program.
(Written by Danna Fabella, September, 2017)
December 19, 2017 Contra Costa County Board of Supervisors Minutes 704
24 EHSD Report to Family and Human Services Committee, October 23, 2017 PREVENTION PROGRAM ADMINISTRATION
State Office of Child Abuse Prevention (OCAP)
The Office of Child Abuse Prevention (OCAP) within CDSS oversees Prevention funding and
provides training and technical assistance to counties.
OCAP administers federal grants, contracts, and state programs based on the Child Abuse
Prevention and Treatment Act (CAPTA) including: Child Abuse Prevention, Intervention and
Treatment (CAPIT), Community Based Child Abuse Prevention (CBCAP); and Promoting Safe
and Stable Families (PSSF).
OCAP promotes best practices and innovative approaches to child abuse prevention,
intervention and treatment. OCAP oversees county prevention plans and provides
guidelines to counties to assure prevention programs address county specific prevention
needs.
Contra Costa Child Abuse Prevention Council (CAPC)
California Welfare and Institutions Code (WIC), Chapter 12.5, Section 18980 established the
“Child Abuse Prevention Coordinating Act” to fund child abuse prevention coordinating
councils in each county. The council’s primary purpose is to coordinate the community’s
efforts to prevent and respond to child abuse and neglect.
Family and Children’s Trust Committee (FACT)
The Contra Costa Family and Children’s Trust Committee (FACT) was established by Contra
Costa Board of Supervisors. This organization works in partnership with Children & Family
Services to manage many of the prevention and early intervention service contracts. This
committee is integral in planning and managing service delivery contracts to meet needs
defined by the county, the state and the community to address child abuse risk specific to
Contra Costa.
County Managed Prevention and Early Intervention Funds
Other funding that supports prevention and early intervention programs, as well as
programs supporting families who are receiving intervention services from Child Welfare
Services, include the State Family Preservation Program, Independent Living Skills program,
and Commercially Sexually Exploited Children (CSEC Program). Many other programs
December 19, 2017 Contra Costa County Board of Supervisors Minutes 705
EHSD Report to Family and Human Services Committee, September 2017 EHSD Report to Family and Human Services Committee, October 23, 2017 25
directly linked to support of families receiving child welfare services also serve families in
Contra Costa that address current risk to children and strengthen families to prevent
recurrence of risk. Several of these programs are administered by the Contra Costa Child
Abuse Prevention Council (CAPC, a Community Based Organization under contract with
EHSD – Children and Family Services).
December 19, 2017 Contra Costa County Board of Supervisors Minutes 706
26 EHSD Report to Family and Human Services Committee, October 23, 2017 PREVENTION FUNDING BUDGET
The following are Prevention Funding Streams. Descriptions of each of these funding
streams follow; a list of individual prevention services for each funding stream is presented
at the end of this report.
Note that all of them are very closely linked to Child Abuse and Neglect Prevention and
Intervention. As Education would receive funding to addressing education concerns and
Health Services would receive funds to address prevention of health issues, prevention
funds presented to Children & Family Services all focus on children at risk of child abuse.
Requirements for expenditure of these funds are specified in each individual allocation
methodology.
Family and Children Trust Managed Funds Source 2017-18 Estimated
Revenue
County Children’s Trust Fund Local Birth Certificate fees $185,000
Ann Adler Children & Family Trust Local Funds collected from Tax bill
inserts $80,000
Child Abuse Prevention,
Intervention & Treatment (CAPIT) State 2011 Realignment funds $290,340
Community Based Child Abuse
Prevention(CBCAP) Federal capped funds $42,000
Sub Total $597,340
Other Prevention Early Intervention and
Intervention Funding and Programs Source 2017/18 Estimated
Revenue
Child Abuse Prevention Council Multiple funding sources including 2011
Realignment, state and county funding $1,277,562
Promoting Safe and Stable Families
(PSSF) Federal capped funds with state match $755,994
Family Preservation Program
(State)
Included in 2011 Realignment, State and
County funds (70/30) $874,219
Commercially Sexually Exploited
Children (CSEC) Federal and State General Fund $695,299
Sub Total $3,603,074
December 19, 2017 Contra Costa County Board of Supervisors Minutes 707
EHSD Report to Family and Human Services Committee, September 2017 EHSD Report to Family and Human Services Committee, October 23, 2017 27
FAMILY AND CHILDREN’S TRUST FUND COMMITTEE
In 1983, Assembly Bill 2994 authorized the state and counties to create a separate fund to
use for child abuse and neglect prevention and intervention. The source of the funds was
from birth certificate fees. The Family & Children’s Trust Committee (FACT) was established
by the Board of Supervisors in 1985 to make recommendations for the expenditure of
prevention funding.
In partnership with Children & Family Services, FACT plans, coordinates and oversees
prevention programs. Members of the FACT Committee include representatives from
Children and Family Services and residents with expertise in children’s issues, education,
law, non-profit agency management, public health, and program research and evaluation.
There are five seats directly appointed by the supervisors - one from each district. There
are 5 at-large seats that can be anyone in Contra Costa County, and there are 5 discipline
specific seats. The at-large and discipline specific seats are approved at the Family and
Human Services Committee then forwarded to the full Contra Costa Board of Supervisors
for approval and appointment.
Currently, the following seats on the committee are vacant:
District I (as of 12/9/2014)
District V (as of 9/30/2017)
Child Development Early Children Education/Local Planning Council (as of 10/18/2016)
Mental Health (as of 7/7/2015)
Every 2 years, FACT:
• Reviews existing data and reports, holds Public Hearings in various county
locations, and conducts surveys to inform and prioritize the use of prevention
funding.
• Identifies current specific prevention program needs.
• Conducts a Competitive Bid process.
• Selects non-profit, community based agencies as service providers.
December 19, 2017 Contra Costa County Board of Supervisors Minutes 708
28 EHSD Report to Family and Human Services Committee, October 23, 2017 Contracts are negotiated, administered and paid (from Prevention Program allocations) by
EHSD and Children & Family Services.
FACT Prevention Programs include parenting classes, therapeutic day care for emotionally
disturbed children, substance treatment for teens and parents, services for homeless
families, projects to support children experiencing Domestic Violence in their homes,
victims of sexual assault. A listing all prevention programs currently administered by FACT
are available as an attachment to this document.
December 19, 2017 Contra Costa County Board of Supervisors Minutes 709
EHSD Report to Family and Human Services Committee, September 2017 EHSD Report to Family and Human Services Committee, October 23, 2017 29
PREVENTION FUNDS MANAGED BY FACT
The following funds have allocations for prevention, early intervention, intervention and/or
treatment of child abuse and neglect. Priorities for use of these funds and ongoing
coordination and maintenance of services contracted with these funds are managed by
FACT. FACT also manages contracts under the umbrella of Promoting Safe and Stable
Families funds. These are discussed in the next section of this report.
COUNTY CHILDREN’S TRUST FUND
• Established in 1982 under Assembly Bill 2994.
• Counties established funding for Child Abuse Prevention programs through a
percent of fees collected in the county for processing Birth Certificates.
• 100% local funding (No County General Fund costs).
ANN ADLER CHILDREN AND FAMILY TRUST
• Contra Costa County Board of Supervisors created the Ann Adler Children and
Family program in 1991.
• Source of revenue are donations from individuals, public, and private and other
agencies allocated through contracts to support programs for the care of
abused, neglected and at-risk children.
• 100% local funding (No County General Fund costs).
CHILD ABUSE PREVENTION, INTERVENTION & TREATMENT (CAPIT)
• Authorized under Assembly Bill 1733.
• Supports various contracts that provide child abuse prevention.
• 90% 2011 Realignment Funding, 10% County General Fund match required.
COMMUNITY BASED CHILD ABUSE PREVENTION (CBCAP)
• 100% Federal capped funding passed through the California Department of
Social Services.
December 19, 2017 Contra Costa County Board of Supervisors Minutes 710
30 EHSD Report to Family and Human Services Committee, October 23, 2017 PROMOTING SAFE AND STABLE FAMILIES (PSSF)
Promoting Safe and Stable Families is a program under Title IV-B, subpart 2 of the Social
Security Act for states to operate coordinated child and family services to prevent the
unnecessary separation of children from their families, to improve the quality of care
and services to children and their families and ensure permanency for children. The
Promoting Safe and Stable Families program was established under the federal Omnibus
Budget Reconciliation Act of 1993 (now the Adoption and Safe Families Act).
PSSF is a capped federal allocation; the Office of Child Abuse Protection (OCAP)
distributes the prorated share of the federal allocation to each county based on the
number of children and children in poverty, age 0 to 17.
PSSF funds must be matched by state dollars and a state Maintenance of Effort fee. The
state’s MOE is met and passed on to counties under the State Family Preservation
Program.
Promoting Safe and Stable Families has four components; expenditures must be
balanced between these four components:
• Family Preservation
• Community-based family support
• Time-limited family reunification and
• Adoption promotion and support
PSSF funded programs include information and referral, crisis intervention, case
management, family support, parenting groups, after school and summer activities for
youth, employment training, community development and teen services.
December 19, 2017 Contra Costa County Board of Supervisors Minutes 711
EHSD Report to Family and Human Services Committee, September 2017 EHSD Report to Family and Human Services Committee, October 23, 2017 31
CHILD ABUSE PREVENTION COUNCIL (CAPC)
The Child Abuse Prevention Council of Contra Costa County is a nonprofit organization that
relies on donations, foundation grants and strategic partnerships to provide essential child
abuse prevention services to at-risk kids and families in Contra Costa. It was founded in
1984 by Sue Fleischer and Dr. Jim Carpenter.
Contra Costa County Children & Family Services partners and contracts with CAPC to
manage many prevention and early intervention programs including the following:
• Parent Partners – funded as part of the Parent Education strategy.
• Early Intervention and Outreach Program – includes support, services and
advocacy for families where substance abuse is a factor in the intervention plan
of Children & Family Services.
• Mandated Reporter Training – Provides vital information to professionals
working with children throughout the county who are legally designated as
“mandated reporters” of suspected child abuse. This program raises awareness
among community organizations through trained volunteer speakers who
educate the public on issues of child abuse and neglect.
• WRAP Services – Funded by cost savings when a child steps down to a lower
level (with lower costs) of placement with the support of services that are
wrapped around the family and child, these funds support a Caretaker Liaison
who serves as an advocate for caretakers of foster parents and a Foster Parent
Mental Health Advocate who can support a family in addressing Mental Health
needs of children in their care.
• Nurturing Parenting and Baby Bags – Nurturing Parent Program and Baby
Bag/New Parent Kit, visitation and support for new parents.
December 19, 2017 Contra Costa County Board of Supervisors Minutes 712
32 EHSD Report to Family and Human Services Committee, October 23, 2017 CHILD WELFARE SERVICES WRAPAROUND PROGRAM
Wraparound was established in 1997 with Senate Bill 163. Counties elected to participate
in the Wraparound Program; Contra Costa has participated since the program was
implemented.
SB 163 authorized counties to use State and county share of foster care placement dollars
that would have been otherwise been paid to a group home. The State and county share of
foster care funds that are saved by not placing the child in a group home (either child
remains at home or is placed in a lower level of foster care) can be used by the county in a
flexible manner to provide Wraparound Services. California Department of Social Services
requires counties to ensure that any cost savings from utilizing Wraparound are reinvested
to further expand or enhance services and resources for children and families.
The intent of SB163 is to:
• Shift the service delivery focus to a needs-driven, strengths-based approach.
• Partner with families to provide intensive services to children with complex
needs using a team approach – this is the alternative to residential care.
• Provide a team approach comprised of child and family, professionals and
member of the family community (people chosen by the family) to develop an
individualized service plan that describes all the needs identified the child and
family and how those need will be met.
The target population is children who are dependents of Child Welfare Services and/or
probation wards of the court and are placed in or at risk of imminent placement in group
homes at Regional Center Level 10-14.
Counties may develop additional criteria and eligibility determined by other funding sources
that is in alignment with the intent of SB163. In Contra Costa, funds are used to:
• Provide Mental Health services and case management by Contra Costa Children’s
Mental Health and/or Seneca.
• Participate in funding other prevention and intervention programs or
enrichment services for youth.
December 19, 2017 Contra Costa County Board of Supervisors Minutes 713
EHSD Report to Family and Human Services Committee, September 2017 EHSD Report to Family and Human Services Committee, October 23, 2017 33
OTHER EARLY INTERVENTION/INTERVENTION STRATEGIES
Specific programs within the intervention funding streams provide prevention, early
intervention support and post permanency services and/or opportunities for youth and
families to heal and prevent future intervention. These are funded by 2011 Realignment
funds under the Child Welfare Services funding stream.
They are documented here to present the scope of programs within Child Welfare Services
that support safety and well-being of at-risk children.
• Differential Response – Differential Response (DR) is a strategy that allows a
California child welfare services (CWS) agency to respond in a more flexible
manner to reports of child abuse or neglect. DR affords a customized approach
based on an assessment of safety, risk and protective capacity that recognizes
each family’s unique strengths and needs, and addresses these in an
individualized manner rather than with a “one size fits all” approach. DR
provides earlier and more meaningful responses to emerging signs of family
problems, child welfare agencies can utilize resources to help families before
difficulties escalate and child removal is required. Under the DR approach, child
safety is the highest priority as more children and families can receive the
support they need to keep children safely in their homes. Several Community
and Faith Based Organizations provide these services including Community
Violence Solutions, Uplift Family Services, Catholic Charities of the Diocese of
Oakland, WCC Youth Services Bureau, STAND! For Families Free of Violence and
First Baptist Church.
• Team Decision Making and Child and Family Team Meetings -- Child and Family
Teams are comprised of the child/youth, parents and/or caregivers, extended
family members and other supportive people from the family’s community who
agree to come together to create, implement, and refine a behavioral health
plan with the child/youth (as developmentally appropriate) and the family. The
plan builds on the strengths of the child/youth and family and addresses their
immediate and long-term needs and aspirations. The primary focus of the CFT is
always the safety and well-being of children and youth.
• Safety Organized Practice and Safety Planning Safety - Organized Practice is an
approach to day-to-day child welfare casework that is designed to help all the
December 19, 2017 Contra Costa County Board of Supervisors Minutes 714
34 EHSD Report to Family and Human Services Committee, October 23, 2017 key stakeholders involved with a child —parents; extended family; child welfare
worker, supervisors, and managers; lawyers, judges, and other court officials;
even the child him/herself —keep a clear focus on assessing and enhancing child
safety at all points in the case process. It combines the best of Signs of Safety, a
solution-focused child welfare practice approach, with the Structured Decision
Making system, a set of research-based decision-support tools, to create a
rigorous child welfare practice model.
• Independent Living Skills Program – ILSP provides services to youth who are in
care or recently emancipated from the Foster Care System or Probation.
Support and training are provided in areas such as education, employment,
housing, health and well being. The program is available for youth in foster care
or Probation or in the extended foster program up to 21. The facility for ILSP
includes a classroom, a library, a computer lab, a clothes closet and a food
pantry. Workshops are in areas of Life Skills, Money Management, Resume
Development, Young Parents Workshop, Scholarships, SAT/ACT, College
Application, Housing, Cooking, etc. The goal is to give youth the skills necessary
to succeed after leaving the foster care system.
• Extended Foster Care and Emancipated Youth Stipends – The Extended Foster
Care program provides an opportunity for young adults, in foster care at age 18,
to voluntarily agree to continue receiving foster care services, including
placement services, while the youth completes a secondary or postsecondary
academic or vocational program, or participates in a program or activity
designed to promote employment. Foster Care placement or Supervised
Independent living setting placement (shared living, apartment, college
dormitory) and/or youth stipends.
o Medical (including mental health).
o Dental.
o Independent Living Skills.
o Case management by CA.
o Referrals to community resources (as appropriate).
• Child Trafficking Response Unit Harm Reduction Project – In collaboration with
the Department of Justice (DOJ) and in response to SB1322, the aim of this
project is to support and direct services to county agencies and communities
serving youth by addressing the commercial exploitation of children and.
December 19, 2017 Contra Costa County Board of Supervisors Minutes 715
EHSD Report to Family and Human Services Committee, September 2017 EHSD Report to Family and Human Services Committee, October 23, 2017 35
Practices are being formalized with specific topics focusing on harm reduction
strategies.
• Quality Improvement Project – Psychotropic Medication – this is a multi-
agency collaborative effort that is developing new protocols, training and other
deliverables created to fully implement all psychotropic medication related
legislation.
• Wellness Website – Youth, Family, and Education Workgroup has developed a
website to help foster youth and adults in their lives learn more about pursuing
wellness through access to youth friendly wellness resources; eight dimensions
of wellness are addressed: physical, emotional, intellectual, spiritual, social,
environmental, occupational and financial.
December 19, 2017 Contra Costa County Board of Supervisors Minutes 716
36 EHSD Report to Family and Human Services Committee, October 23, 2017 PARTNERING WITH CHILDREN’S MENTAL HEALTH
To further enhance the ability of Contra Costa Children’s Mental Health to address specific
individualized Mental Health services needs, Children & Family Services is transferring funds
from the Protective Services Subaccount to the Behavioral Health Subaccount under Local
Revenue Fund (2011 Realignment). The transfer amount shall not exceed $2 million in fiscal
Year 17/18. The reallocation is not be a permanent funding source for any program or
service receiving funds from the allocation but an option is included to transfer an
additional $2 million in Fiscal Year 18/19. A Board Order will be executed each Fiscal Year.
Transferred Realignment funds are to be used for, but not limited to the following:
Therapeutic Behavioral Services; Intensive Care Coordination; In Home Behavioral Services;
and Specialty Mental Health Services including Individual, Family Group, and Crisis Services.
Other services such as Mental Health treatment for specific populations such as Spanish
Speaking, Adoption disruptions, LGBTQ, Substance Abuse services, and pregnant and
parenting teens may be included. Funds can also be used to increase rates for services to
particular target populations as needed.
The primary focus of this funding is to increase services and ensure the availability of timely
service delivery of Specialty Mental Health services for Medi-Cal eligible children and youth
under the age of 21 who are receiving services from Contra Costa Children and Family
Services.
The transferred Realignment funds will be used for Medi-Cal billable services that meet
Early Periodic Screening, Diagnostic and Treatment (EPSDT) criteria. This will maximize
services and allow Contra Costa County the ability to draw the 50% match with EPSDT (Early
and Periodic Screening, Diagnostic and Treatment) Federal Financial Participation will
provide services twice the value of the amount of realignment funds transferred.
This action is supported by State General Code that allows for the reallocation of up to 10%
of the amount deposited in the immediately preceding fiscal year in the subaccount in the
Support Services Account with the lowest balance. Protective Services subaccount funds will
be transferred to the Behavioral Health Subaccount for this purpose. An Interdepartmental
Agreement is being finalized to facilitate initiation of this transfer and ongoing tracking and
reporting of the increase in and enhancement of identified services.
December 19, 2017 Contra Costa County Board of Supervisors Minutes 717
EHSD Report to Family and Human Services Committee, September 2017 EHSD Report to Family and Human Services Committee, October 23, 2017 37
OTHER PARTNERS SUPPORTING CHILDREN AND FAMILIES
There are many other partners providing services to children and families in Contra Costa,
this section of the report documents some of the activities currently supporting safety and
well-being of children.
WORKFORCE SERVICES OF EHSD – FAMILY STABILIZATION ACT
Family Stabilization (FS) was implemented January 2014 as a new component of the
CalWORKs program. The program is designed to ensure a basic level of stability within a
family prior to, or concurrently with, participation in Welfare-to-Work (WTW) activities. The
goal of FS is to increase client success by providing additional activities or barrier removal
services necessary to ultimately achieve self-sufficiency. The focus is to engage clients and
offer intensive care management when the family is experiencing identified crisis or
destabilization situations. Participation in the FS Program is voluntary and no negative
action is taken if clients choose not to participate. When families decline FS services, they
are otherwise engaged through the standard WTW flow. FS services are not limited to the
aided or work eligible CalWORKs adult. FS is designed to address FS issues of CalWORKs
children as well as unaided members of the CalWORKs assistance unit. Services include
Intensive day treatment, non-medical outpatient drug free treatment, residential
treatment, Housing Assistance, rehabilitative services, and/or Substance abuse
counseling/treatment. In addition to those services listed above, families may access family
crisis counseling and criminal arrest history assistance.
COMMUNITY SERVICES OF EHSD – HEAD START AND EARLY HEAD
START
The Community Services Bureau (CSB) is part of a national network of Community Action
Agencies established by the 1964 War on Poverty to address the underlying conditions that
cause poverty. In 2006, the Community Services Department was made a bureau of the
Employment and Human Services Department. With an annual budget of almost $30
Million and approximately 400 employees in 15 service lo cations across the county, CSB is
the largest childcare provider in Contra Costa County. Each year we combine federal Head
Start and State Child Development funds to provide primarily full-day, full-year Early
Childhood Education Services to over 2,000 children and their families.
December 19, 2017 Contra Costa County Board of Supervisors Minutes 718
38 EHSD Report to Family and Human Services Committee, October 23, 2017 CSB is the Community Action agency for Contra Costa County Through Community Service
Block Grant (CSBG) funding, CSB provides direct assistance with home energy costs,
weatherization, and funding for community based organizations to assist the low-income
population move out of poverty.
The Early Head Start program serves low-income pregnant women and families with infants
and toddlers from birth to age 3. This high-quality program is designed to support and
nurture healthy attachments between the child and his/ her family. Services are provided in
developmentally appropriate environments that promote the whole development of the
child. CSB caregivers are permitted staff who have additional training in PITC (Program for
Infant and Toddler Care giving) and infant and toddler development. Formula and diapering
supplies are provided to every family in the program
CSB provides comprehensive services for approximately 2,100 children, ages 0-5 and their
families each day. This includes education, health, disabilities and mental health services as
well as nutrition and family support services and resources to all CSB families enrolled in the
program. CSB maintains strict staffing ratios at all 15 centers, with a 1:8 adult: child rati o
for preschool children; 1:4 for toddlers and 1:3 for infants under 18 months of age. CSB’s
dedicated staff are chosen based on their ability to provide nurturing care to young
children, their formal education in Early Care and Education, background and experience
and possession of a California Teacher or Associate Teacher Permit issued by the California
Consortium on Teacher Credentialing.
WORKFORCE DEVELOPMENT BOARD – WORKFORCE INVESTMENT
OPPORTUNITY
The Contra Costa Independent Living Skills program has partnered with Workforce
Development Board of Contra Costa to deliver employment services to eligible foster youth
through the Workforce Innovation and Opportunity Act (WIOA). ILSP refers youth to
participate in the Earn and Learn Summer Employment program. ILSP continues to cultivate
working relationships with three contracted agencies providing services through WIOA and
20% of the foster care youth population are referred to both the “In School” and “Out of
School” programs throughout the school year. Case managers for the contracted agencies
present workshops to recruit youth and disseminate information about services that are
available to them. This collaboration has proven beneficial and the number of foster youth
served with WIOA has been steadily increasing.
December 19, 2017 Contra Costa County Board of Supervisors Minutes 719
EHSD Report to Family and Human Services Committee, September 2017 EHSD Report to Family and Human Services Committee, October 23, 2017 39
FAMILY RESOURCE CENTERS
Contra Costa has two Family Resource Centers that focus on prevention of Child Abuse, one
in East County and one in West.
FIRST FIVE
First Five Centers provide support for families and children including workshops and classes
make parenting easier, help parents raise healthy, happy children, and are a great way to
make new friends. Each Center has staff to connect families to helpful community
resources. There are five First 5 Centers in Contra Costa County serving families in low-
income communities, Antioch, Bay Point, Delta, Monument and West County.
COMMUNITY BASED ORGANIZATIONS
Community Based Organizations are important partners with Contra Costa Children &
Family Services serving children and families in our county. Collaboration and contractual
agreements with various agencies utilize the expertise and skills of these agencies. Many of
these have been discussed under the Prevention Funding and Other Early Intervention and
Intervention Strategies section of this report. Others include:
Contra Costa Crisis Center – 24 hour crisis telephone services
Community Violence Solutions – Children’s Interview Center Collaborative
Domestic Violence Consultation Services
Phamatech, Inc – Drug testing services
CCC Office of Education – Educational Liaison for Foster Youth
Seneca Family of Agencies – Family Visitation Center
California State Foster Parent Association, Chapter #82 – Foster Family Recruitment
Contra Costa Community College District – Foster and Adoptive Parent and Relative
Caregiver Training
Uplift Family Services – Kinship Support Services
Various providers of Mental Health services
Child’s Best Interest – Ombudsman Services
Aspiranet – Receiving Centers
Family Support Services Bay Area – Respite services for foster parents
Public Consulting Group – SSI Advocacy for foster children
December 19, 2017 Contra Costa County Board of Supervisors Minutes 720
40 EHSD Report to Family and Human Services Committee, October 23, 2017 COMMUNITY PARTNERSHIP MEETINGS
Community Partnership Meetings provide an opportunity for Child Welfare Services to
promote collaboration and cooperation, share knowledge and information, and build
supports for children and families in the community. There are three operational districts
that serve areas in Contra Costa based on the geographical layout of the county, East, Wes t
and Central Districts. Each of these districts has for several years organized, chaired, and
participated in Community Group forums. Participation varies depending on the area but
include representatives from schools, local law enforcement, faith based communities, non-
profit organizations providing services to families, and citizens from the community.
December 19, 2017 Contra Costa County Board of Supervisors Minutes 721
EHSD Report to Family and Human Services Committee, September 2017 EHSD Report to Family and Human Services Committee, October 23, 2017 41
PREVENTION PROGRAM BUDGETS
The following table documents the programs provided by Children and Family Services,
contracted community based organizations, and the services they offer. It also defines
which programs are managed by the council in Contra Costa that manages prevention
funding, Family and Children Trust Fund (FACT). The state Office of Child Abuse Prevention
provides oversight to counties for these expenditures to assure funds are appropriately
allocated as defined for each specific funding source.
The attached displays the 2017-18 budgets; in some instances the allocation amounts have
not been confirmed by the state so the budget may be changed when the allocation is
finalized. Contracts are generally ongoing and this document identifies the contract limit,
not the actual expenditures which may differ slightly.
The purpose of presenting this budget is to identify funding that is available for prevention
and early intervention services and to describe services currently being offered.
December 19, 2017 Contra Costa County Board of Supervisors Minutes 722
42 EHSD Report to Family and Human Services Committee, October 23, 2017 FAMILY AND CHILDREN TRUST FUND
Provider Services
Crossroads High School Mt Diablo USD (Pregnant
and Parenting Teens)
Education Services for Pregnant and Parenting
Teens who want to earn a high school diploma
Children's Recovery and Family Education Project
(MH Counseling) – Ujima Family Recovery Services
Provides support services to children affected by
parental with substance abuse issues
CC ARC (Attachment, Self-Regulation and
Competency) Project – CARE Parent Network
Attachment, Self-Regulation and Competency
program; trauma informed MH counseling for
children at risk. Nurturing parenting training
COCOKIDS, Inc. – Child Care Council
Embracing Families Project includes educational
programs, consultations and outreach for special
need youth, their families and providers
Strengthening Vulnerable Families – Contra Costa
Interfaith Counseling - Housing Services
Support and services for formerly homeless and
low income families with children; includes onsite
housing
ARC (Attachment, Self-Regulation and Competency)
Project – YMCA of the East Bay
Attachment, Self-Regulation and Competency,
trauma informed MH counseling for children at risk
and nurturing parenting training
The Multilingual Child Abuse Prevention Project -
Jewish Family and Children Services
Provides prevention and intervention services for
new refugees and immigrants who have
experienced extensive trauma, poverty and
dislocation including parenting education and
support groups
Support Services to FACT – Child Abuse Prevention
Council (CAPC)
Support Services to FACT including consultation on
public relations, development of child abuse
prevention written material, review of current and
pending child abuse legislation and assistance in
long-range planning and strategy development to
expand FACT funds.
TOTAL CONTRACTED SERVICES $690,000
December 19, 2017 Contra Costa County Board of Supervisors Minutes 723
EHSD Report to Family and Human Services Committee, September 2017 EHSD Report to Family and Human Services Committee, October 23, 2017 43
PROMOTING SAFE AND STABLE FAMILIES (PSSF)
Provider Services
Ambrose Teen Center and Greater Coronado All
That Collaborative, After-School Programs –
Ambrose Recreation and YMCA of the East Bay
After school programs (including homework
assistance, reading, computer skills, etc.,) and
family oriented programs to expand opportunities
for low income youth.
Reach (Resources, Education, Advocacy, Crisis
Counseling and Hope) and Post Adoptions Education
Liaison – AspiraNet
Pre and Post Adoption Services including outreach
and advocacy, Information and referral, crisis
intervention, case management and socialization
services; includes n Adoptions Educational Liaison
to improve educational accomplishments and
opportunities for children adoptive children.
Strengthening Vulnerable Families, Supportive
Services – Contra Costa Interfaith Housing
Provides Mental Health/Case Management
Services, Academic Support and Enrichment and
Life and Parenting Skills to help homeless and
vulnerable families.
Supporting Father Involvement; Triple P (Positive
Parenting Program) – COPE
Services and workshops supporting father
involvement for families in Central and West
County; services available to both CFS and non-CFS
families where children are at risk of CPS
involvement.
Triple P Parenting program workshops (levels 1 to
5) are offered in East, Central and West County
including workshops in Spanish and Arabic.
Community Based Visitation -- Uplift (Visitation)
Supervised Visitation. Services to help restore
family bonds, trust and communication. Supports
CFS families during reunification process from
supervised to unsupervised visitation including
renewed parenting skills.
Nurturing Parents – Stand! Parenting classes, Spanish speaking; services
available for CPS and non-CPS families
Greater Coronado All That Family Preservation
Collaborative - YMCA (Also received SFP Funds)
Array of programs, including Grief and Trauma and
Socialization, Education, Enhancement
Development (SEED) for CPS and non-CPS families
including support for at risk families, immigrants,
undocumented parents, community families,
learning disabled students and mentally ill students
TOTAL CONTRACTED SERVICES $735,225
December 19, 2017 Contra Costa County Board of Supervisors Minutes 724
44 EHSD Report to Family and Human Services Committee, October 23, 2017 OTHER CONTRACTED SERVICE PROGRAMS
Provider Services
Child Abuse Prevention Council
Nurturing Parent Program, Parent Partners (Parent
Training and Education), Advocate and provide
education for parents requiring CFS intervention
Early Intervention and Outreach Specialists
(Substance Abuse services), Foster Parent Mental
Health Advocate, Baby Bag/New Parent Kit,
visitation and support for new parents, Mandated
Reporter Training
Total $1,277,562
December 19, 2017 Contra Costa County Board of Supervisors Minutes 725
EHSD Report to Family and Human Services Committee, September 2017 EHSD Report to Family and Human Services Committee, October 23, 2017 45
STATE FAMILY PRESERVATION (SFP) – COUNTY MANAGED
Bay Area Community Resources (Helms & Lake)
Integrated case management, prevention and
intervention services to students in West Contra
Costa county with a focus on school attendance
and behavioral improvements
COCOKIDS, Inc.
Family Together Program includes outreach, case
management, parent education, enrichment
activities and information about and referrals to
other community resources for at risk families.
YMCA - Coronado (also receives PSSF funds)
Array of programs, including Grief and Trauma and
Socialization, Education, Enhancement
Development (SEED) for CPS and non-CPS families
including support for at risk families, immigrants,
undocumented parents, community families,
learning disabled students and mentally ill students
Child Abuse Prevention Council
Nurturing Parent Program and Baby Bag/New
Parent Kit, visitation and support for new parents –
see CAPC Contract
Uplift Family Services
Family Preservation Services including case
management, psychosocial assessment, family
needs assessment and 24 hour emergency
response services.
Total Contracted Services $886,824
December 19, 2017 Contra Costa County Board of Supervisors Minutes 726
46 EHSD Report to Family and Human Services Committee, October 23, 2017 COUNTY MANAGED PROGRAMS
Independent Living Skills Program (ILSP)
Provider Services
Contra Costa Children and Family Services
Staff and services to support youth in transition
from foster care to adulthood including
educational support, employment and life skills
training and housing assistance
Total $1,119,710
Commercially Sexually Exploited Children
Program
Provider Services
Community Violence Solutions
Provide comprehensive coordinated services and
case management to commercially sexually
exploited and at risk youth
Catholic Charities
Services for youth exploited or at risk of
exploitation; coordination of planning and services
between agency partners
Total Contracted Services $341,811
Grand Total $5,051,132
December 19, 2017 Contra Costa County Board of Supervisors Minutes 727
EHSD Report to Family and Human Services Committee, September 2017 EHSD Report to Family and Human Services Committee, October 23, 2017 47
FACT ROSTER October 2017
Committee Seats (5) At-Large Members (5) District Seats (5)
1. First 5 Commission
Exp. 09/30/2018
Lisa R. Johnson
1485 Civic Court, Ste 1200
Concord, CA 94520
P: (925) 771-7314
lrjohnson@firstfivecoco.org
2. School Representative
Exp. 09/30/2018
Karin Kauzer
880 Juanita Drive
Walnut Creek, CA 94595
C: (925) 256-8835
P: (925) 818-5437
karinkauzer@gmail.com
3. Child Development
Early Childhood Education/Local
Planning Council
Exp. 09/30/2018
Vacant
4. Child Abuse Prevention Council
Exp. 09/30/2019
Carol Carrillo, MSW
2120 Diamond Blvd., Ste. 120
Concord, CA 94520
O : (925) 798-0546
(707) 853-6024
F : (925) 798-0756
ccarrillo@capc-coco.org
5. Mental Health
Exp. 09/30/2015
Vacant
1. Mary Flott
Exp. 09/30/2018
2718 Round Hill Drive
Alamo, CA 94507
C: (510) 517-8797
H: (925) 831-1856
maryflott@sbcglobal.net
2. Deborah McGrath
Exp. 09/30/2018
1106 Polson Circle
Martinez, CA 94553
C: (925) 787-5640
P: (925) 957-9801
taximama@comcast.net
3. Marianne Gagen
Exp. 09/30/2019
22 Toyon Terrace
Danville, CA 94526
P: (925) 837-3603
C: (925) 683-7636
mgagen@pacbell.net
4. Joseph DeLuca
Exp. 09/30/2019
3559 South Silver Springs Rd.
Lafayette, CA 94549
C: (510) 917-4772
jdeluca@itoptimizers.com
5. Nora Foster
Exp. 09/30/2018
5045 Wittenmeyer Court
Antioch, CA 94531
C: (707) 731-7608
H: (925) 978-4973
Nfoster102@aol.com
District I
Exp. 09/30/2015
Supervisor John Gioia
Vacant
District II
Exp. 09/30/2019
Supervisor Candace Andersen
Julia Miner
413 Cliffside Drive
Danville, CA 94526
P: (925) 743-1942
C: (925) 457-7343
julia.miner@gmail.com
District III
Exp. 09/30/2018
Supervisor Diane Burgis
Olga Jones
P.O. Box 1292
Bethel Island, CA 94511
H: (925) 684-3930
olgajones1@comcast.net
District IV
Exp. 09/30/2019
Supervisor Karen Mitchoff
Cherise Khaund
332 Mangrove Way
Walnut Creek, CA 94598
C: 925-818-4857
cherisemk@gmail.com
District V
Exp. 09/30/2017
Supervisor Federal Glover
Vacant
Staff to FACT (2)
Elaine Burres
40 Douglas Drive
Martinez, CA 94553
O: (925) 313-1717
eburres@ehsd.cccounty.us
Juliana Mondragon
40 Douglas Drive
Martinez, CA 94553
O: (925) 313-1696
mondrj@ehsd.cccounty.us
Reception: (925) 313-1500
December 19, 2017 Contra Costa County Board of Supervisors Minutes 728
December 19, 2017 Contra Costa County Board of Supervisors Minutes 729
EHSD Report to Family and Human Services Committee, September 2017 EHSD Report to Family and Human Services Committee, October 23, 2017 1
December 19, 2017 Contra Costa County Board of Supervisors Minutes 730
CHILDREN AND FAMILY SERVICES PROGRAMS
1
No Funding Streams FY 17-18 Program
Budgeted Amount Population Served Sharing Ratios
Federal %/State %/County %
Are Prevention of Abuse,
Neglect, and Risk of Out-
of-Home Placement
Activities Allowable?
Yes/No
Revenue
Opportunity for
Prevention
Activities with
Additional County
General Fund
Investment
1. Title IV-E Open-Ended, State
2011 Realignment and
County General funds are
used for case management
activities
State 2011 Realignment and
County General Funds are
used to provide supportive
services to children and
families referred to Child
Welfare
Child Welfare Services
$60,237,838
Children/Families receiving
intervention services following a CFS
referral and detention order. These
services include Emergency Response,
Family Maintenance, Family
Reunification, Permanency Planning,
Extended Foster Care, and Adoptions
Services
50/35/15 – Before non-
federal (NF) discount rate is
applied. 17/18 NF discount
rate budgeted at 40.7% - NF
costs are shifted to 70%
State 2011 Realignment and
30% County General Funds.
Net ratio is 30/49/21
No for Title IV-E Open-
Ended funding
Yes for 2011
Realignment/county
General Funds -These
activities include
supportive services
such as counseling,
education services,
tutoring and intensive
family services for CFS
referred children at
risk of a CFS detention
order.
No for Title IV-E
Open-Ended
funding
Yes – with 30%
County Share or
100% County
Share if 2011
State Realignment
funds are not
available.
2. Title IV-E Open-Ended,
Capped State funds and
County General Funds
Foster Home Licensing
$1,337,903
Children/Families in an out-of-home
placement
50/50/0 Before NF discount
is applied. 30/70/0 after NF
discount.
No No
3. Eligible activities draw Title
IV-E Open-Ended, State
capped funds
Continuum of Care Reform
$1,998,308
Children/Families receiving
intervention services from CFS for Child
and Family Teams and Resource Family
Approval activities.
50/50/0 Before NF discount
is applied. 30/70/0 after NF
discount.
Direct supportive services
are not eligible for Title IV-E
funding.
No No
December 19, 2017 Contra Costa County Board of Supervisors Minutes 731
CHILDREN AND FAMILY SERVICES PROGRAMS
2
No Funding Streams FY 17-18 Program
Budgeted Amount Population Served Sharing Ratios
Federal %/State %/County %
Are Prevention of Abuse,
Neglect, and Risk of Out-
of-Home Placement
Activities Allowable?
Yes/No
Revenue
Opportunity for
Prevention
Activities with
Additional County
General Fund
Investment
4. Eligible activities draw Title
IV-E Open-Ended, State
capped funds
Commercially Sexually
Exploited Children (CSEC)
$695,299
Children who are victims or at risk of
CSEC
Federally eligible activities
draw IV-E funding. Direct
services for CSEC victims
and at risk youth are not
eligible for Title IV-E funds
Yes – A portion of
funding can be used
for education and
services for youth
identified as at risk of
Commercial Sexual
Exploitation
No
5. Title IV-E capped and State
2011 Realignment
Independent Living Skills
Program
$1,119,710
Children/Young adults aged 16-21 in
out of home placement preparing to
exit foster care
35% Capped Federal Title
IV-E/65% State 2011
Realignment
No No
6. Title IV-E Open-Ended, State
2011 Realignment and
County General funds
Case Management Adoptions
Services
$2,024,532
Children served by CFS with a case plan
goal of adoption
50/35/15 – Before non-
federal (NF) discount rate is
applied. 17/18 NF discount
rate budgeted at 40.7% - NF
costs are shifted to 70%
State 2011 Realignment and
30% County General Funds.
Net ratio is 29/49/21
No No
7. Title IV-E Open-Ended, State
2011 Realignment and
County General funds
Foster Care/Adoptions
Assistance Eligibility
$4,489,335
Children and families receiving
intervention services from CFS, and
children served by CFS with a case plan
goal of adoption
50/35/15 – Before non-
federal (NF) discount rate is
applied. 17/18 NF discount
rate budgeted at 40.7% - NF
costs are shifted to 70%
State 2011 Realignment and
30% County General Funds.
Net ratio is 29/49/21
No No
December 19, 2017 Contra Costa County Board of Supervisors Minutes 732
CHILDREN AND FAMILY SERVICES PROGRAMS
3
No Funding Streams FY 17-18 Program
Budgeted Amount Population Served Sharing Ratios
Federal %/State %/County %
Are Prevention of Abuse,
Neglect, and Risk of Out-
of-Home Placement
Activities Allowable?
Yes/No
Revenue
Opportunity for
Prevention
Activities with
Additional County
General Fund
Investment
8. State 2011 Realignment and
County General Funds
State Family Preservation
$874,219
Children/Families receiving
intervention services from CFS and
families whose children are under
Probation Supervision
70% State 2011
Realignment/30% County
General Fund
Yes for program
services provided
when a child is at risk
of out-of-home
placement
Yes – with 30%
County Share or
100% County
Share if 2011
State Realignment
funds are not
available.
9. County Children’s Trust Fund
FACT - Child Abuse
Prevention
$185,000
Children and families in the community
must be served by nonprofits or
institutions of higher education with
expertise in the field of child welfare
100% Local Fees collected
from Birth Certificates
Yes No
10. CBCAP Capped Federal Funds FACT - Community Based
Child Abuse Prevention
$42,000
Children and families in the community
must be served by nonprofits or
institutions of higher education with
expertise in the field of child welfare
100% Capped Federal Funds
Funds are deposited into
the County Children’s Trust
Fund
Yes No
11. Title IV-B Sub Part 2 - Capped
Promoting Safe and Stable
Families
Promoting Safe and Stable
Families
$755,994
Families with one or more risk factors
for abuse/neglect, families with an
open child welfare case, children that
are removed from their home, children
serviced by CFS with a case plan goal of
adoption, youth served by child welfare
and probation agencies that have met
IV-E eligibility requirements and are in
a qualified placement setting
100% Capped Federal Funds Yes –Services include
but are not limited to:
respite, youth
programs, case
management,
behavioral health
services, parent
education, housing
services, peer support,
visitation
No
December 19, 2017 Contra Costa County Board of Supervisors Minutes 733
CHILDREN AND FAMILY SERVICES PROGRAMS
4
No Funding Streams FY 17-18 Program
Budgeted Amount Population Served Sharing Ratios
Federal %/State %/County %
Are Prevention of Abuse,
Neglect, and Risk of Out-
of-Home Placement
Activities Allowable?
Yes/No
Revenue
Opportunity for
Prevention
Activities with
Additional County
General Fund
Investment
12. Ann Adler Children and
Family Trust
FACT - Child Abuse
Prevention
$80,000
Abused, neglected and at risk children 100% Local donations Yes –Population -
Abused, neglected and
at risk children
No
13. State 2011 Realignment,
County General Funds
FACT - Child Abuse
Prevention, Intervention and
Treatment
$290,340
Children/Families receiving
intervention services from CFS, and
children referred by legal, medical or
Social Service agencies
90% State 2011
Realignment/10% County
General Fund
Yes - for program
services provided
when a child is
identified as at risk of
out-of-home
placement
Yes – with 10%
County Share or
100% County
Share if 2011
State Realignment
funds are not
available.
Note: The Title IV-B, Part 1 allocation of $625,916 is automatically used to cover the Non-Federal Title IV-E case management costs up to the Title IV-B allocation; after the IV-B
allocation is used, the Non-Federal Title IV-E case management costs are funded with 70% State 2011 Realignment funding and 30% County funds.
December 19, 2017 Contra Costa County Board of Supervisors Minutes 734
Report to theFamily and Human Services Committee
October 2017
CHILDREN & FAMILY SERVICES FUNDING
Kathy Marsh, CFS Director
Emilia Gabriele, EHS Chief Financial Officer
KATHY GALLAGHER
DIRECTOR
December 19, 2017 Contra Costa County Board of Supervisors Minutes 735
INTENTION FOR PRESENTATION
•Provide overview of Children & Family Services mandates and activities
•Present information about Children & Family Services (CFS) budget as a part of EHSD budget
•Discuss major funding streams for CFS
•Identify funding available for prevention and early intervention and allowable activities
•Share information about partnerships with other bureaus and agencies that also support children served by Children & Family Services and/or who reside in Contra Costa County
December 19, 2017 Contra Costa County Board of Supervisors Minutes 736
CHILD WELFARE SERVICES
MANDATES
Welfare & Institutions Code §16500.1
Legislative Intent: Child Protection Goals
…Use strengths of families and
communities to serve the needs of
children who are alleged to be
abused or neglected…
December 19, 2017 Contra Costa County Board of Supervisors Minutes 737
CHILD WELFARE SERVICES
PROGRAMS
For a description of core programs and support activities, refer to pages 4
and 5 of report.
•Emergency Response
•Family Maintenance
•Family Reunification
•Permanency Planning
•Extended Foster Care
•Adoption Services
December 19, 2017 Contra Costa County Board of Supervisors Minutes 738
CHILD WELFARE SERVICES
SUPPORT ACTIVITIES
For a description of core programs and support activities, refer to pages 4 and 5 of report
•Resource Home Recruitment
–Includes Licensing, Continuum of Care Reform, Foster Parent training & Support and Kinship Support Services
•Transition Support for Youth Exiting FC
–Includes Independent Living Skills, Extended Foster Care, Transitional Housing programs and Youth Stipends
•Family Engagement
–Includes Parent Partners, Early Intervention Outreach for Substance Abuse, Nurturing Parents and Welcome New Baby programs
•Commercially Sexually Exploited Youth
–Includes Child Trafficking Response, Training and Prevention
December 19, 2017 Contra Costa County Board of Supervisors Minutes 739
CHILD WELFARE SERVICES
RESPONSIBILITIES
Mission: Safety, permanency and well being of children
•Screen and investigate referrals of suspected abuse
•Manage cases for children when deemed not safe
•Provide 24/7 response and coverage
•Complete Monthly Visits for all children receiving Child Welfare intervention services
•Provide best possible environment for children in foster care and/or receiving services while still in their homes
•Reunify with parents when possible, find permanency when reunification is not possible
December 19, 2017 Contra Costa County Board of Supervisors Minutes 740
CHILDREN & FAMILIES SERVED
Kids age 0 to 17 in county 253,328
Screening Hotline Calls in 2016 36,690
Investigated referrals in 2016
(Emergency Response)
9,808
Cases opened (Substantiated Referrals) in 2016 962
Kids currently in Foster Care
(FamilyReunification & Permanent Placement)
1,045
Kids currently receiving services in their family homes
(FamilyMaintenance)178
Transitioning youth
(Extended Foster Care)
140
Total Monthly Visits in 2016 to kids in Foster Care 9,657
Total Monthly Visits in 2016 to kids receiving services
in their homes
2,823
December 19, 2017 Contra Costa County Board of Supervisors Minutes 741
EHSD Fiscal Year 2017-18 Adopted Budget
EXPENDITURES:
Salaries and Benefits 211,090,440$ 44.86%
Services and Supplies 107,883,548$ 22.93%
Other - Includes Assistance Payments 142,006,797$ 30.18%
Fixed Assets 360,000$ 0.08%
Expenditures Transfers 9,195,688$ 1.95%
TOTAL EXPENDITURES 470,536,473$ 100.00%
REVENUES:
Federal Funds 156,722,400$ 33.31%
State Funds 193,670,518$ 41.16%
Local Revenue (State Sales Tax & VLF $)97,485,555$ 20.72%
TOTAL FEDERAL/STATE REVENUES 447,878,473$ 95.18%
Net County Cost - County General Funds 22,658,000$ 4.82%
TOTAL FINANCING 470,536,473$ 100.00%
Allocated Positions (FTEs)2,009
December 19, 2017 Contra Costa County Board of Supervisors Minutes 742
EHSD FY 2017-18
BUDGETED EXPENDITURES BY BUREAU
Category Budget %
Children & Family Services Bureau - Admin 71,255,109 15%
Children & Family Services Bureau - Assistance 50,410,614 11%
Aging & Adult Services Bureau 60,023,760 13%
Workforce Services Bureau 204,069,576 43%
Workforce Development Board 7,516,956 2%
Community Services Bureau 65,115,868 14%
Contra Costa Alliance to End Abuse 3,353,452 1%
EHSD Extraneous/Other 8,791,138 2%
Total 470,536,473 74%
15%
11%
13%
43%
2%
14%
1%2%
Children & Family Services Bureau - Admin
Children & Family Services Bureau -Assistance
Aging & Adult Services Bureau
Workforce Services Bureau
Workforce Development Board
Community Services Bureau
Contra Costa Alliance to End Abuse
EHSD Extraneous/Other
December 19, 2017 Contra Costa County Board of Supervisors Minutes 743
INFORMATION ABOUT
FUNDING FOR CFS ACTIVITIES
For information on funding of core programs and support activities for Child Welfare Services, refer to pages 8 to 19 of report. For information on Prevention Funding, refer to Part 3, pages 21 to 35 of report.
•Multiple allocations and funding sources support Child Welfare core activities and support services; each allocation is dedicated to meet a specific need.
•Sources for funding include Federal, State, Local Revenue (Realignment), County General Fund with a small amount of local money and grants.
•Federal, State and Local (Realignment) revenues are earned on a cost reimbursement basis for allowable activities prescribed in regulations and claimable to specific program codes.
•Sharing ratio formula of each funded program defines the Federal, State/Local and County financial participation.
December 19, 2017 Contra Costa County Board of Supervisors Minutes 744
INFORMATION ABOUT
FUNDING FOR CFS ACTIVITIES
(Continued)
•Federal funding only supports children meeting the eligibility
criteria for Federal participation.
•A “Discount Rate” is calculated based on the percent of cases
that do not meet the Federal Eligibility Criteria and applied to all
funded programs that include a Federal share of the funding.
•State programs and funding support children and families who
do not meet federal criteria.
•Federal and state capped allocations are determined by the
State and distributed to Counties based on the methodology of
each allocation. This can be based on caseloads, share of time
spent on activities (based on staff time studies) or other criteria
as defined for the allocation.
December 19, 2017 Contra Costa County Board of Supervisors Minutes 745
INFORMATION ABOUT
FUNDING FOR CFS ACTIVITIES
(Continued)
•Open-ended Federal financial participation for Title IV-E eligible activities is subject to the “Discount Rate” and sharing ratio formula. Note: Title IV-E funds are not available for support services provided to Title IV-E eligible children or for prevention activities.
•Local Revenue (Realignment) funded with sales tax and vehicle license fees is limited to the annual apportionment to Counties. Note: Primary Child Welfare Realigned Programs are Foster Care, Child Welfare, Adoption, and CAPIT.
•County General Fund is utilized as a match for programs with a required County financial participation. The County financial participation ratio varies from one program to another based on the “Discount Rate” and whether expenditures are eligible for Federal reimbursement.
December 19, 2017 Contra Costa County Board of Supervisors Minutes 746
MAJOR FUNDING STREAMS
Refer to handout for a table of major funding streams. All core CWS activities and all support activities are described on pages 4 and 5 of the report.
Presented in the handout are:
•Major Funding Streams for CFS Programs.
•FY 17/18 Program Budget Amount.
•Population Served under each listed funded program.
•Sharing Ratio – Sharing Ratios indicate Federal/State/County share of costs; allocations can be capped or open-ended.
•Whether Prevention of Abuse, Neglect, and Risk of Out-of-Home Placementactivities are allowable. Note: When allowable, prevention allocations specify prevention services for a specific population and/or prevention activity.
•For each of the listed funded programs, whether Revenue Opportunity for Prevention of Abuse, Neglect, and Risk of Out-of-Home Placement activities would be available with additional County General Fund investment.
December 19, 2017 Contra Costa County Board of Supervisors Minutes 747
IMPORTANT FACTORS
Federal, State, and Local (Realignment) revenues for CFS programs are:
•Directed for specific purposes and monitored/audited to assure
appropriate usage of funds.
•Earned on a cost reimbursement basis for allowable activities
prescribed in regulations and claimable to specific program codes.
•Subject to sharing ratios and discount rate that fluctuate based on
various factors (capped allocation, Federal eligibility criteria,
allowable activities, etc.)
Actual staff time study hours form the basis for earning revenues by
allocating personnel costs and the majority of non-personnel
expenditure to funded programs.
Only a small portion of the CFS budget can be directed toward
Prevention activities for all children in Contra Costa. These services are
managed by the Family and Children Trust Fund Committee (FACT).
December 19, 2017 Contra Costa County Board of Supervisors Minutes 748
PREVENTION FUNDING MANAGEMENT
Refer to page 24 to 32 in report for information on Prevention Funding and activities.
•State Office of Child Abuse Prevention (OCAP)–Oversees Prevention funding, provides training and technical assistance to counties; administers federal funds and grants and state programs. Provides oversight and guidance to assure prevention programs address county specific prevention needs.
•Family and Children’s Trust Fund Committee (FACT)–Works in partnership with CFS to manage many of the prevention and early intervention service contracts to meet needs defined by the county, state and community.
•Contra Costa Child Abuse Prevention Council (CAPC) –Provides contract services to support intervention and prevention in areas such as Parent Partner advocacy, Early Intervention Outreach Services for substance abuse issues, and nurturing parent and new baby welcoming programs
December 19, 2017 Contra Costa County Board of Supervisors Minutes 749
PREVENTION FUNDING MANAGEMENT
(Continued)
•CFS managed Prevention and Early Intervention
allocations
These prevention funds are linked to specific
programs and activities:
–Promoting Safe & Stable Families
–State Family Preservation
–Wraparound
December 19, 2017 Contra Costa County Board of Supervisors Minutes 750
PREVENTION OPPORTUNITIES IN
INTERVENTION FUNDING
Refer to pages 33 to 35 in report for description of programs
Specific programs within the intervention funding streams provide prevention and/or early intervention support, post permanency services and support and/or opportunities for youth and families to heal and prevent recurrence of CFS intervention, including:
•Differential Response
•Team Decision Making and Child and Family Team Meetings
•Parent Partners and Early Intervention Outreach Specialists
•Wraparound Services
•Kinship Support Services
•Independent Living Skills for youth
•Extended Foster Care and Emancipated Youth Stipends
•Services for Commercially Sexually Exploited Children (CSEC)
December 19, 2017 Contra Costa County Board of Supervisors Minutes 751
PARTNERS SUPPORTING
CHILDREN AND FAMILIES
Other Bureaus in EHSD
–Workforce Services – Family Stabilization Act
–Community Services – Head Start, Housing…
–Workforce Development Board -- Workforce Innovation and Opportunity Act (WIOA)
Agency partners
–Mental Health – Enhanced Funding for MH Services
–Health Services – Night Owl After Hours Health Care for Children in Foster Care and Public Health Nurses
Community Partners
–First Five – Parenting support and family advocacy and resource referral
–Community and Faith Based Organizations – provides a variety of contract services including intervention and prevention.
December 19, 2017 Contra Costa County Board of Supervisors Minutes 752
PARTNERING WITH
MENTAL HEALTH
•EHSD agrees to transfer an amount not to exceed
$2 million in FY 2017-18 to Children’s Mental
Health.
•Funds will allow MH to enhance specialty Mental
Health services for children served by Contra
Costa CFS.
•The funds will be used to draw the 50% match
with Early Periodic Screening, Diagnostic and
Treatment Federal Funding thus doubling the
purchasing power of the transferred funds.
•An Interdepartmental Agreement is being
finalized to document the transfer and process.
December 19, 2017 Contra Costa County Board of Supervisors Minutes 753
FUNDED PREVENTION PROGRAMS
Refer to pages 42 - 46 in the report for description of programs
Prevention funded activities include:
•Education Services for pregnant and parenting teens
•Support and consultation for children with special needs and their parents
•Multi-lingual trauma, poverty and dislocation services for new refugees and immigrants
•After school programs for low income youth
•Mental Health and life and parenting skills to help homeless and vulnerable families
•Father involvement workshops
•Grief and trauma support programs at risk families and families with learning disabled and mentally ill children
December 19, 2017 Contra Costa County Board of Supervisors Minutes 754
RECOMMENDATION(S):
ACCEPT the 2017 report from the Employment and Human Services Department on the CalFresh program, formerly
known as Food Stamps and federally known as the Supplemental Nutritional Assistance Program.
FISCAL IMPACT:
No fiscal impact.
BACKGROUND:
The CalFresh program, formerly known as Food Stamps and federally known as the Supplemental Nutrition
Assistance Program (SNAP), was designed to help provide assistance to hungry people, regardless of their age,
gender, marital or familial status. The program issues monthly electronic benefits that can be used to buy most foods
at many markets and food stores. The SNAP Program was originally referred to the Family and Human Services
Committee by the Board or Supervisors on February 15, 2011.
The Family and Human Services Committee reviewed and accepted the CalFresh Program Report (attached) at its
August 28, 2017 meeting.
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 12/19/2017 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: Kristen Lackey,
925-335-1043
I hereby certify that this is 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 19, 2017
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc:
C.101
To:Board of Supervisors
From:FAMILY & HUMAN SERVICES COMMITTEE
Date:December 19, 2017
Contra
Costa
County
Subject:Family and Human Services Referral No. 103 / CalFresh Program Report
December 19, 2017 Contra Costa County Board of Supervisors Minutes 755
CONSEQUENCE OF NEGATIVE ACTION:
The Board will not receive its annual update on the CalFresh Program provided by the Employment and Human
Services Department.
ATTACHMENTS
CalFresh Update Report 2017
December 19, 2017 Contra Costa County Board of Supervisors Minutes 756
CalFresh Report to FHS for 08‐28‐2017 ‐ Page 1
40 Douglas Drive, Martinez, CA 94553 • (925) 608 5000 • Fax (925) 313-1575 • www.ehsd.org
To: Family and Human Services Committee
Contra Costa County Board of Supervisors
Date: August 28, 2017
From: • Kathy Gallagher, Department Director
• Wendy Therrian, Workforce Services Director
• Rebecca Darnell, Workforce Services Deputy Director
• Kathi Kelly, CalFresh Policy Manager
Subject: CALFRESH PROGRAM UPDATE
I. Overview
The CalFresh program, formerly known as Food Stamps and federally known as the
Supplemental Nutrition Assistance Program (SNAP) was designed to help provide
assistance to hungry people, regardless of their age, gender, marital or family status. The
program issues monthly electronic benefits that can be used to buy most foods at many
markets and food stores.
The CalFresh program helps to improve the health and well-being of qualified households
and individuals by providing them a means to meet their nutritional needs. At the federal
level, the United States Department of Agriculture’s (USDA) Food and Nutrition Service
(FNS) administers the program. In California, the CalFresh program is supervised at the
state level by the California Department of Social Services (CDSS) and is administered at
the local level by the Employment and Human Services Department (EHSD).
Since the Great Recession, we have experienced an unprecedented increase in the number
of individuals applying for CalFresh benefits. In 2006, we had approximately 12,554
families applying for aid as compared to 36,120 in 2016. This represents a 188% increase
in the number of CalFresh applications received during this period.
M E M O R A N D U M
Kathy Gallagher, Director
December 19, 2017 Contra Costa County Board of Supervisors Minutes 757
CalFresh Report to FHS for 08‐28‐2017 ‐ Page 2
0
5,000
10,000
15,000
20,000
25,000
30,000
35,000
40,000
2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016APPLICATIONS
Applications increased by 188% in 2016
CalFresh Only Applications
Over the last 11 years, the CalFresh only cases have increased a total of 410% going from
roughly 5,846 average cases a month in 2006 to 29,789 average monthly cases in 2016.
Beyond the CalFresh only average caseload of 29,789 in 2016, we also had an additional
average of 4,250 Public Assistance cases, which represents those households that receive
both cash aid (CalWORKs) and CalFresh. This represents a total average of 34,039
CalFresh cases in 2016.
In Contra Costa County, CalFresh puts almost $10 million into the local economy each
month. As indicated by the USDA, research shows that every $1 provided in CalFresh
benefits generates $1.79 in economic activity. Using the multiplier effect, CalFresh pumped
more than $17.9 million into the local economy in the past year. This economic stimulus is
almost exclusively Federal and State funded and provides an important local boost to our
economy. CalFresh benefits help families stretch their food dollars to buy more healthy
foods for the whole family.
0
5,000
10,000
15,000
20,000
25,000
30,000
35,000
2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016Cases
Cases have increased 410% between 2006‐ 2016
CalFresh Only Cases
December 19, 2017 Contra Costa County Board of Supervisors Minutes 758
CalFresh Report to FHS for 08‐28‐2017 ‐ Page 3
The average, total monthly CalFresh benefits issued in 2006 was $3,285,940 compared to
the 2016 issuance of $9,730,340. This accounts for an increase of 296% for our households
and the local economy.
II. Eligibility for CalFresh
Households that include single individuals, couples, or families are eligible for CalFresh
benefits if they meet certain income criteria and legally reside in California. For some
CalFresh beneficiaries (under the 200% FPL) eligibility is not asset-based or resource-based
which means their property is not counted such as vehicles, cash on hand or money
contained in bank accounts.
The amount of benefits a person receives depends on the number of people in the household
who purchase and prepare food together and how much monthly income is left after certain
expenses are deducted. Income consists of earned and unearned income. Expenses like rent,
utilities, dependent care and certain medical expenses are allowable deductions. For
example, a household of one (1) with no income would be eligible to receive $194.00 a
month in CalFresh benefits and a household of 10 with no income would receive $1,461.00
a month.
III. Program Accessibility
To make CalFresh benefits more readily accessible to County residents and families, over
the last several years the Department has increased its efforts in working with the Food Bank
of Contra Costa and Solano County as well as other community agencies dedicated to the
CalFresh-eligible population.
As listed below, these efforts have contributed to the success of our expanding benefits to
those in need of food security.
The application process has been made easier by eliminating the requirement to apply
through a face-to-face interview process. A telephone interview is now acceptable at
both intake and recertification. A customer may still request a face-to-face interview if
they are more comfortable meeting directly with an Eligibility Worker.
Use of telephonic signature has begun at Department locations that have Automated Call
Distribution capability such as the Medi-Cal CalFresh Service Center (MCSC) and the
Health Care Access Center (HCAC). As we obtain and expand the necessary technology
the use of telephonic signature will be used department-wide.
Applicants can now apply for CalFresh benefits on-line through My Benefits
CalWIN.org portal. Many of our community-based partners have received
orientations/trainings on assisting individuals through this on-line application process.
In addition, Community Based Organizations (CBOs) can register their organizations as
vendors in CalWIN. This will allow the CBOs to track the number of applications they
register and the number processed each month by the Department.
December 19, 2017 Contra Costa County Board of Supervisors Minutes 759
CalFresh Report to FHS for 08‐28‐2017 ‐ Page 4
A customer can also access benefits through the use of a multi-program single paper
application. For example, a customer who applies for and is found ineligible for
CalWORKs benefits can use this same application (the SAWS 2 Plus) to automatically
apply for CalFresh benefits without completing another application.
In February 2014, the Department of Health Care Services (DHCS) initiated the Express
Lane Eligibility waiver program in which certain CalFresh beneficiaries were given
Medi-Cal benefits without having to complete and file an application. The waiver ended
June 30, 2017.
The statewide Work Incentive Nutritional Supplement (WINS) Program was
implemented in Contra Costa County on July 1, 2014. Under the WINS program,
CalFresh households who are not in receipt of CalWORKs, but who meet the work
participation hours of the Temporary Assistance for Needy Families (TANF) program
and have a child in the household under 18 receive an additional $10.00 food benefit
each month. From April 2016 through March 2017 there is a monthly average of 2,936
households in receipt of this additional benefit.
Horizontal Integration allows applicants who are applying for health coverage through
the California Healthcare Eligibility Enrollment and Retention System, (CalHEERS)
portal to complete their application for CalFresh and/or CalWORKs benefits at the same
time without having to respond to questions already asked through the Covered
California process.
It was expected that through Horizontal Integration there would be an increase in
program participation rates by expediting program enrollment and minimizing client
efforts. Tracking of these applications began in September 2016 and to date the average
number of applications submitted each month are 36 CalFresh and 10 CalWORKs.
Conversations are also taking place with the Health Services Department to expand
the existing clinic consortium Medi-Cal Express application processing to include
CalFresh.
Other efforts to increase CalFresh enrollments are outlined in the Outreach section of
this report.
IV. Current CalFresh Service Levels and Program Performance
A. Service Levels:
During Program Year 2015- 2016 the monthly average of individuals (families and
single) who were in receipt of CalFresh benefits was 70,786. This is a 4% decrease from
the previous program year which is the result of an improving economy. Forty-nine and
a half percent (49.5%) of these individuals are children under the age of 18.
December 19, 2017 Contra Costa County Board of Supervisors Minutes 760
CalFresh Report to FHS for 08‐28‐2017 ‐ Page 5
B. Program Performance:
1. Timeliness Processing Standards
FNS requires states and counties to maintain certain performance measures for the
timely processing of CalFresh applications. These measures require that 90% of all
applications received be processed within 30 days and requires a three (3) day
processing period for those CalFresh applicants determined to require Expedited
Services (ES).
We continue to meet the 30-day CalFresh application processing standard of 90%
for PY 2015-16 with 95.9% of applications being processed within the 30-day
processing requirement. During this same period we achieved a 98.86% processing
of ES applications within three (3) days. With our existing efforts and commitment
to the ES process, we appear to be on target for meeting the ES compliance rate of
90% for a third consecutive year.
While applications are being processed in a timely manner, the Department is
looking into the details and reasons of denied applications. This review will assist in
identifying training needs, increase participation and approval rating, and improve
the Case and Procedural Error Rates. The top denial reasons are failure to keep a
scheduled intake interview, failure to provide verifications, over income limits, not
a separate household, SSI/SSP recipient, ineligible student, and application
withdrawn.
2. Management Evaluation (ME)
As mandated by the FNS, the California State Department of Social Services
(CDSS) is required to conduct a Management Evaluation (ME) review of Contra
Costa County’s administration of the CalFresh Program. The federal priority areas
of the ME for FFY 2016 were Program Access, Customer Service, Timeliness of
Application Processing, Payment Accuracy, Quality Control and Training. The ME
review was conducted the week of October 24, 2016.
CDSS shared that it was unprecedented for a county of our size to have such few
findings. When comparing this year to our 2013 and 2014 ME findings they were
very pleased with the work completed as it showed the dedication of our staff and
Department.
Two findings in the areas of Case Reviews and Program Access have both been
corrected by including the fax number for filing applications being added to lobby
posters and training has been completed that emphasizes the importance of adequate
and timely noticing requirements.
CDSS was also impressed with the use of technology within our department such
as: Self-scanning Kiosks, telephonic signature, ability to retrieve MCSC calls for
Quality Management, MCSC customer surveys, ability to apply in lobby utilizing
MyBenefitsCalWIN, electronic lobby signage, and the automation of the Rights and
Reporting Responsibilities form. This illustrated how the use of technology can
December 19, 2017 Contra Costa County Board of Supervisors Minutes 761
CalFresh Report to FHS for 08‐28‐2017 ‐ Page 6
improve the application process for our clients which is a critical component of the
ME.
The next ME review will take place the week of October 9, 2017.
3. CalFresh Error Rate
Every month for every county FNS selects a random sampling of CalFresh cases
that are to be reviewed for case errors involving miscalculations of income or
household composition which result in benefit issuance errors. Our Quality Control
(QC) Unit reviews those cases that are selected and determines our CalFresh error
rate. Based on the number of cases reviewed and the number of errors cited an error
rate percentage is then derived.
FNS is currently evaluating all States QC procedures to ensure that there is no bias
applied to the final outcome of the error rate. As a result there will be no fiscal
penalties tied to the error rate for FFY 2015 and FFY 2016. Therefore there will be
no final error rate for FFY 2016. It resets with FFY 2017 with new QC rules and
procedures for case reviews.
The error rate for the beginning of FFY 2017 (October through February 2017) is at
6.36% compared to the State error rate of 4.68%. As the county error rate is higher
than the State, our County is at risk of being placed on a Corrective Action Plan
(CAP) as not currently meeting performance standards which could result in a fiscal
sanction. Staff and consultants are currently reviewing existing business practices as
well as internal case review processes for reducing the current error rate and
mitigating future errors.
In recent prior years, our County has been one of the counties with a consistently
low error rate, which has contributed to the State error rate being below the federal
threshold.
4. Outside Consultants
In our attempt to improve customer service and performance levels, we have hired
outside consultants to assess our current business practices. While we have
incorporated several improvement recommendations there are still other
recommendations we will be instituting that will improve program access and
customer service. In addition, a Quality Control (QC) consultant has been hired to
review existing practices to improve the Departments’ Payment Accuracy and Case
and Procedural Error Rate.
The QC consultant has worked with our IT staff in developing a Case Review
Management System tool. This tool allows the reviewer to go on-line to
complete the case review as well as produce real time data reports. This has
been instrumental in allowing our Unit Supervisors and the Program
Integrity Unit to quickly identify error trends so that corrective action can be
taken. In addition, the consultant has assisted our ability to fine tune the QC
and Quality Assurance (QA) process with focus placed on the root cause of
December 19, 2017 Contra Costa County Board of Supervisors Minutes 762
CalFresh Report to FHS for 08‐28‐2017 ‐ Page 7
errors. This has allowed us to identify error trends and develop corrective
action strategies.
The Business Process consultant has evaluated our current CalFresh business
processes and analyzed data to identify areas for improvement. It was
determined that missed appointments are a large barrier for many applicants.
EHSD has incorporated and is evaluating options to reduce missed
appointments, including providing same day appointments, text appointment
reminders, and expanding alternatives to face-to-face interviews such as
phone and video conferencing.
EHSD is also working to identify and reduce “churn,” which is when clients
cycle on and off the program in a short amount of time; specifically,
applicants who reapply within three months of their semi-annual report or
recertification being due. If those clients were able to maintain continuous
enrollment, it would greatly reduce the workload of EHSD staff without an
interruption in service for clients. EHSD has begun work in this area, with
a first step being the implementation of text reminders to clients when their
reports are due. In addition, a “packet wrapper” was created for individuals
walking into the district office. This four step guide provides an overview of
the enrollment process including the interview, verification request, and EBT
card issuance. Another tool was developed for on-line applicants that places
emphasis on how to download and upload documents digitally, and how to
create a MyBenefitsCalWIN account so the applicant can track the
application status.
5. Staffing
The Department is continually evaluating its staffing needs and hiring new staff is
an ongoing priority although the ability to readily fill new and approved vacant
positions continues to be a systemic problem within the Department in terms of
having readily available candidates from which to interview and hire.
Compounding the staffing issues was the request for the Department to reduce
positions in January 2017. In this process, the Workforce Services Bureau lost 81
operational, front-line positions. The loss of intake workers, eligibility trainees and
ongoing caseload worker positions in the Workforce Services Bureau will
compromise the improvements that have been achieved in the CalFresh program,
specifically the reduced error rate and Expedited Services delivery.
Requests have been made of EHSD to work toward same day appointments/one day
processing in the CalFresh application process. We are committed to shortening the
application process where possible, but again staffing is a barrier in providing same
day services. In order to implement this process, we project a minimum of 30
additional CalFresh staff would be required. Based on an average current monthly
application number of 2,600, our current staff can process approximately 36
CalFresh applications a month per worker.
December 19, 2017 Contra Costa County Board of Supervisors Minutes 763
CalFresh Report to FHS for 08‐28‐2017 ‐ Page 8
V. Outreach and Community Partnership
EHSD is proud of our efforts to increase CalFresh participation thereby ensuring that more
children, families and individuals are able to put nutritious food on their tables each day.
The Department has convened a CalFresh Partner Group with the goal of increasing
enrollment in the County. The partners include the Food Bank of Contra Costa County and
Solano, Crisis Center, the Multi-Faith ACTION Coalition, Ensuring Opportunity, First 5,
and Meals on Wheels. This group’s strategies are to increase CalFresh enrollment and
reach populations with historically lower enrollment. What is already clearly a success is
forging a path to partner with community organizations on a shared goal; the ability to
evaluate and modify processes and procedures; and a mindset that working together is
always better.
The partner group is developing strategies for 2017 & 2018 that focus on outreach for
children, seniors, Latinos, reducing churn, and looking at dual enrollment by evaluating
existing Medi-Cal customers who could be potentially eligible to CalFresh.
Successful efforts and key achievements of the group are illustrated as follows:
CalFresh Enrollment Process Improvements: We are developing new and strengthening
existing business processes for helping people enroll in CalFresh. EHSD currently
works with the Food Bank of Contra Costa and Solano to train nonprofit staff in
CalFresh so they have a better understanding of the program and enrollment process.
This enhanced training and knowledge as well as a more specifically identified EHSD
liaison for the Food Bank of Contra Costa and Solano will not only enhance the quality
of training and knowledge in the community, but will strengthen our community
partnerships.
Our partnering agencies have expressed a desire for the County to participate more
robustly in outreach efforts. Community activities, grants and funding opportunities
often request community based organizations to partner with the County or the County
needs to participate as a stakeholder. With the staffing issues that are currently being
faced, it is challenging our staff to participate in expanded outreach efforts.
We are currently exploring the possibility of providing additional funding support to our
partners to expand their outreach efforts. We will then measure the impact for the timely
processing of applications.
The partnership between the Multi-Faith ACTION Coalition, EHSD and the Food Bank
of Contra Costa and Solano is working to cultivate community volunteers who can help
people with the CalFresh enrollment process. The Multi-Faith ACTION Coalition has a
roster of 60 volunteers who received CalFresh training from the Food Bank. They are
now ready to be deployed to nonprofit agencies, places of worship, food distribution
sites and shelters to encourage and assist people to sign up for CalFresh benefits.
The John Muir/Mt. Diablo Community Health Fund awarded a grant to the Food Bank
for CalFresh Outreach. Partnering with EHSD, the Food Bank mailed postcards to
households currently receiving Medi-Cal but not CalFresh. The Food Bank also
December 19, 2017 Contra Costa County Board of Supervisors Minutes 764
CalFresh Report to FHS for 08‐28‐2017 ‐ Page 9
partnered with local school districts to mail to families with children on free/reduced
lunch. Funds were also used to print posters advertising the CalFresh program that are
posted in health clinics, food pantries, and other locations where low-income families
are likely to visit. In an effort to reduce churn the mailings have extended into reminders
for active CalFresh recipients who have a recertification or Semi Annual Report (SAR
7) due in the month of May and June. This is a two month pilot focusing on the
population in the Richmond area as this is the highest percent of discontinuance.
We are working with the Pittsburg Unified School District (PUSD) to implement AB
402, which would allow information sharing between EHSD and the District so we can
reach out to students’ families receiving free / reduced lunch and encourage them to
apply for CalFresh. Families who opt-in are sent applications to apply for CalFresh,
shortening the application process by allowing families to apply without coming in to
the office. PUSD has been working with EHSD and the Food Bank by adding a question
to their school meal application in order to easily identify families that desire to also
apply for CalFresh. The families’ information is then sent to EHSD to begin the
CalFresh application process. We anticipate working with other school districts within
the county in the same manner.
EHSD sent out 484 CalFresh application packets to those families who indicated an interest
in the CalFresh program. Due to the low response rate, a reminder flyer was mailed to the
same households three weeks following the initial mailing. The Food Bank made available
a link to the GetCalFresh on-line applications as well as contacting them for application
assistance. A total of sixty-one (61) applications have been received by EHSD through this
project. Twelve (12) were received directly into the EHSD office and forty-nine (49) were
submitted using the on-line “GetCalFresh” portal. Of these applications 57% were
approved, 5% withdrew application, 34% were denied and two applications were unable to
be located. . The denial reasons include failure to provide requested verifications, failure to
keep intake interview appointments, no eligible household members, and excess income.
EHSD, Multi-Faith ACTION volunteers, and Ensuring Opportunity conducted an
outreach campaign with local mayors to raise awareness of the CalFresh program and
to highlight the program’s economic benefit. Local Mayors were issued CalFresh
Awareness Proclamations, posted links to the CalFresh application on their city
websites, and advertise the health benefits of the CalFresh program. To engage the
Mayors, the CalFresh Partner Group members highlighted the economic benefit the
program brings to the local economy.
As staffing levels allow we will plan a series of “CalFresh Express” events that provide
an opportunity to process applications and issue same day benefits while in the
community. To date there have been two one day enrollment events:
one in San Pablo and one in Bay Point.
The first CalFresh Express took place on June 26, 2015 at the Davis Park Community
Center in San Pablo. The event was a true collaboration with the Food Bank and other
community organizations. The date was selected as this was the same day the Food
Bank’s Community Produce Program truck was at this location. The community was
provided fresh fruits and vegetables to families while they waited. The UC Cooperative
December 19, 2017 Contra Costa County Board of Supervisors Minutes 765
CalFresh Report to FHS for 08‐28‐2017 ‐ Page 10
Extension gave out tastings from this produce and promoted healthy eating through
various games and activities. Volunteers from the MultiFaith ACTION Coalition
reviewed the program’s rights and responsibilities with applicants with oversight from
EHSD personnel. West Contra Costa Unified School District passed out lunches to
children playing in the park. Overall, 74 new applications were taken and 48 (65%)
families were approved for benefits.
The second event was held on April 29, 2016 at the Ambrose Community Center in Bay
Point. While the number of applications taken was not as great as anticipated, all staff
continued with the goal of same day approval and access to CalFresh Benefits. During
the event 35 new applications were taken, 23 (66%) were approved, and 18 new EBT
cards were generated. All partners taking in lessons learned as it appears that there was
less marketing for this event. This location was selected for an event on October 2016,
but did not occur due to union work action.
Technology partnership
o EHSD is working with the Food Bank and Code for America to utilize a mobile
application equipped with electronic signature. This will allow the streamlining
of preliminary applications through an electronic portal via assistors in our
partnering agencies. The Food Bank and EHSD piloted a new application
GetCalFresh (formerly known as CLEAN), which is a simplified version of the
on-line CalFresh application that can be used on a tablet, smartphone or laptop.
It was designed by Code for America for use by community-based organizations.
The application takes only about 5-10 minutes to complete and is much simpler
for outreach workers in the field. Clients’ documents can also be uploaded for
submission with the application. The Food Bank continues to use GetCalFresh
and is looking to this platform as their sole application portal. It has greatly
streamlined the application process and makes filling out an online application
while in line at a food distribution event more feasible. This will increase the
number of CalFresh applications.
Read Only Access
To further support Food Bank efforts to assist clients more directly, EHSD has
provided CalWIN read only access to the Food Bank. This will allow designated
Food Bank staff to look up clients’ case status in real time, remind clients of their
appointments, let them know what paperwork they are missing, etc. This should
improve timely processing while also saving EHSD staff time. Currently the Food
Bank has to contact EHSD staff to get case updates, so this will significantly
streamline access to data. The contract has been executed and we expect to
implement this month.
Marketing
o Volunteers from the Leadership Contra Costa alumni group have expressed
interest in helping advertise and market CalFresh to communities with many
eligible people. Developing a marketing plan for CalFresh will require studying
December 19, 2017 Contra Costa County Board of Supervisors Minutes 766
CalFresh Report to FHS for 08‐28‐2017 ‐ Page 11
the issue and applying smart advertising techniques to the challenge of CalFresh
enrollment. Leadership Contra Costa has marketing professionals who can help
with this work.
o The month of May has been designated “CalFresh Awareness Month” by several
other California counties. Working with our community partners, the County
Board of Supervisors provided an official resolution and declared May as
CalFresh Awareness month in Contra Costa County.
o Community Produce Program is another successful example of the collaboration
between EHSD and the Food Bank. The Food Bank brings a food truck to the
EHSD Antioch District office parking lot at 4545 Delta Fair, every first and third
Friday of the month from 11:00 a.m. to noon. Sixty-eight (68) households
received produce during the initial food truck visit. The Food Bank and EHSD
have been working together to find other locations allowing the population to
receive fresh produce.
Community Training on CalFresh:
o The EHSD CalFresh Program Analyst conducts “Just the Basics” training with
the Food Bank which takes place three to four times per year with 25 to 30
participants from community organizations in each session. Provided in the
training is a CalFresh overview, hands-on outreach application exercise as well
as an introduction to the on-line application MyBenefitsCalWIN.
o This training has been a foundation in developing new partners since 2006.
Aides of the Board of Supervisors, staff from Food and Nutrition Services (FNS)
and regular attendees have attended this training from WIC, the Monument
Crisis Center, La Clinica, Rubicon, Public Health, Head Start, One Stop Centers
and the Family Justice Centers.
o EHSD also participates in the Food Nutrition Policy Consortium which is
chaired by the Food Bank of Contra Costa and Solano. The group meets to
discuss nutrition-related events and activities within the county including
CalFresh outreach opportunities.
o Over the last five (5) years, EHSD has attended an annual Food Bank Summit
which is held on a rotational basis between Contra Costa and Solano
Counties. The purpose of the Summit is to educate, inform and update those in
attendance on topics such as Nutrition Education, Food Safety, what the Food
Bank does, and provide instruction and mandates of USDA on the CalFresh
Program. This is a daylong event and is attended by various County Department
representatives, agencies, and CBOs who work closely with the Food Bank.
o Beginning this month EHSD staff, through rotational assignments, are providing
client navigational services and more direct access to benefits including
CalFresh at both the Richmond One Stop Center and the Richmond Family
Justice Center. These type of rotational assignments are planned to be provided
by the end of the year at the Concord Family Justice Center as well.
December 19, 2017 Contra Costa County Board of Supervisors Minutes 767
CalFresh Report to FHS for 08‐28‐2017 ‐ Page 12
o Advocacy
As the CalFresh Partner Group worked at expanding access to increase
participation; it was clear that changes at the local, State, and National level would
be helpful, or even sometimes necessary, to improve CalFresh benefit access.
Current CalFresh policies limit accessibility, including an application process that
can be arduous for residents with young children, those who work traditional hours,
those who are disabled, and the elderly. Policy changes that allow residents to apply
over the phone, through the mail, or on-line are recent additions, but work is still
needed to make CalFresh as accessible as possible.
The CalFresh Partner Group is looking to CalFresh advocacy to increase
participation. Several partner organizations have legislative platforms that include
CalFresh concerns, including addressing college student food insecurity, providing
supplemental benefits in the summer to families with school-age children, and
simplifying the application process by using electronic employment databases to
verify income.
o Participation Rate
As illustrated above the CalFresh Partner Group is committed to increasing
participation. A county level measure that assesses the extent to which the eligible
population is served is important. One way of monitoring the participation rate is the
use of the California Food Policy Advocates (CFPA) report on the Program Access
Index (PAI). The PAI estimates CalFresh utilization among low-income individuals
in each of California’s 58 counties. While on its own, the PAI is not a comprehensive
tool for evaluating level of participation, it does provide a snapshot into the number
of individuals receiving CalFresh benefits. The most recent PAI ranks Contra Costa
County at 42 of the 58 counties. The CalFresh partners group continues to evaluate
other methods of assessing the participation rate.
VI. Restaurant Meals Program (RMP)
Federal regulations allowed counties to implement a Restaurant Meals Program (RMP)
that would enable eligible homeless, disabled and/or elderly (ages 60 and above)
CalFresh households to use CalFresh benefits to purchase hot, prepared meals at
participating restaurants. State regulations have been in place since May 1, 2004 allowing
an interested county to submit a proposal to CDSS requesting approval to implement the
RMP.
There are a great deal of requirements and mandates necessary to implement a successful
RMP. The key component of an RMP proposal is the Memorandum of Understanding
(MOU) to be used with participating restaurants detailing obligations of both the county and
the restaurant.
December 19, 2017 Contra Costa County Board of Supervisors Minutes 768
CalFresh Report to FHS for 08‐28‐2017 ‐ Page 13
In the last two years there has been only one additional county participating in the RMP due
to the need for dedicated staff necessary to implement. Contra Costa County is one of the
86% of California counties not participating in the RMP.
Only 14% of counties in the State currently participate in the program and based on our
outreach and information received from other counties, the primary reasons for non-
participation include lack of restaurant/vendor interest in the program, and the time and
resources necessary for county staff to administer the program. Contra Costa County is also
geographically wide spread and does not have a concentrated area of homeless population.
Of those counties who administer the RMP there is a heavy concentration of restaurants to
match the heavily populated areas of customers who can utilize the program.
The challenges of administering the program as stated by these counties are the requirement
for dedicated staff to implement the RMP and to continually resolve and troubleshoot issues
received from customers and participating restaurants. Proactive and immediate action is
necessary in operating the RMP and there is a substantial reliance/dependence on County
staff.
Besides ongoing monitoring activities, County staff is called upon to assist restaurants in
completing the necessary paperwork to participate in the program, and to troubleshoot
technical problems such as difficulties with the Point of Sale equipment or a customer’s
card that does not work or contain benefits. Counties also experience difficulties in getting
vendors to participate in the program or those restaurants who want to participate are
rejected by FNS.
Given what we have learned on the RMP especially in terms of required County staff
resources, this program has been considered but not implemented in Contra Costa County.
VII. Legislation
Under the current Administration, we continue to be concerned about potential legislative
or allocation methodology changes, which may result in client eligibility and/or funding
reductions to SNAP. We continue to track this issue through several mechanisms including
County representative organizations and our Policy and Planning Division.
The Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA) limits
the receipt of CalFresh benefits to three months in a 36-month period for the Able Bodied without
Dependents (ABAWD) CalFresh population if they are not working: participating at least 80 hours
per month in a qualifying education or training activity; participating in a workfare program or
exempt due to age; caring for a child or incapacitated household member; or certified medically as
unfit for employment.
Previously, there was a waiver to this requirement, which is scheduled to end August 31, 2018. When
this occurs, ABAWDs will be required to participate in work activities in order to continue to receive
benefits.
With the impending end of this waiver, the State and Counties are current working on
various concepts to serve this population effective September 1, 2018. This is a current
emphasis of the Department at this time.
December 19, 2017 Contra Costa County Board of Supervisors Minutes 769
CalFresh Report to FHS for 08‐28‐2017 ‐ Page 14
VIII. Policy Items of Interest
The following changes will have an impact to our CalFresh participation, and/or increase
the workload of our staff.
Telephonic signature
The telephonic signature is a type of electronic signature that uses an individual’s
recorded spoken signature or verbal consent in place of an actual written signature. The
use of the telephonic signature, as part of the application or recertification process, will
eliminate the need to mail documents in order to gather a client’s ink signature. In
addition, utilizing this process will also reduce the amount of cases being discontinued
for failure to complete the recertification process, which will assist with reducing churn.
EHSD does not yet have the technology in place to roll out telephone signature
Department wide but it is used at our locations that operate under Automated Call
Distribution such as the Health Care Access Center and the Medi-Cal CalFresh Service
Center. We began using this process in May 2016.
SNAP to Skills or Employment and Training
Contra Costa County is currently participating in SNAP to Skills led by Seattle Jobs
Initiative (SJI). The Federal and State CalFresh agencies have contracted with SJI to
help select California counties develop Employment and Training (E&T) programs.
Contra Costa is one of 34 counties in the State to offer CalFresh participants training
and assistance towards job readiness, job security, work norms and access to higher
education. We are partnering with Opportunity Junction and Rubicon Programs, who
are overseen by the Foundation for California Community Colleges’ Fresh Success
program.
The E&T program launched in Contra Costa on April 17, 2017. To date, there are 58
participants in the E&T program.
Supplemental Security Income (SSI) Suspense Status
Due to the outcome of the Hector Riojas vs. USDA case, individuals in California who
are in SSI suspense status are no longer ineligible for CalFresh benefits. It was argued
that SSI recipients whose benefits are in suspense status should be eligible for CalFresh.
Effective August 30, 2016, individuals in California who are in SSI suspense status are
not precluded from CalFresh eligibility. These individuals must apply and meet normal
CalFresh eligibility requirements in order to receive benefits. While this change does
increase the number of eligible household members, the benefits are reduced as the SSI
income that was previously excluded is now included in the budget.
Public Charge
Immigration discussions at the national level continue to cause concern for the CalFresh
recipient and potential applicant. There have been no regulatory changes to date and we
continue to communicate to the community that it is business as usual. Use of CalFresh
December 19, 2017 Contra Costa County Board of Supervisors Minutes 770
CalFresh Report to FHS for 08‐28‐2017 ‐ Page 15
benefits does not affect ones immigration status and will not cause immigration officials
to consider these individuals as a public charge.
Public charge is a term used by the U.S. Citizenship and Immigration Services (CIS)
when referring to noncitizens that have or may become dependent on public cash
assistance such CalWORKs, General Assistance, or Supplemental Security Income
(SSI). This determination is made by CIS when a person is adjusting their citizenship
status to lawful permanent resident. CalFresh is considered a supplemental nutrition
program and not a cash benefit. As a result CalFresh recipients are not a public charge.
Elderly and / or Disabled Household Demonstration Projects
Standard Medical Deduction
Effective October 1, 2017 through September 30, 2021 a standard medical deduction of
$120 will be issued for households in which an elderly or disabled member incurs
medical expenses in excess of $35 per month. Households with an elderly or disabled
member include those with at least one individual who is 60 years of age or older and
or disabled and or receives a disability based benefit. To be eligible the household must
verify that they incur more than $35 a month in qualifying medical expenses.
Households with more than $155 a month may opt out to document and claim actual
expenses.
Elderly Simplified Application
Effective October 1, 2017 through September 30, 2021 a simplified application process
has been approved in an attempt at improving CalFresh access among the states low
income elderly and disabled population. The project waives the recertification interview
requirement, uses existing data matches to reduce verification requests, and extends the
certification period to 36 months. The project applies to households where all members
are either elderly (age 60 or older) and / or disabled with no earned income. The project
does not apply to other CalFresh participants.
IX. County Comparisons: CalFresh Applications and Caseloads from 2013 through 2016.
Applications Received
0
10000
20000
30000
40000
50000
60000
2013
2014
2015
2016
December 19, 2017 Contra Costa County Board of Supervisors Minutes 771
CalFresh Report to FHS for 08‐28‐2017 ‐ Page 16
Increased outreach events held by the Food Bank has assisted with increasing the
number of new applications.
Applications Approved
0
5000
10000
15000
20000
25000
30000
35000
40000
45000
2013
2014
2015
2016
December 19, 2017 Contra Costa County Board of Supervisors Minutes 772
CalFresh Report to FHS for 08‐28‐2017 ‐ Page 17
Applications Denied
Contributing factors in this comparison are:
1. Increased applications result in higher dispositions including denials.
2. San Joaquin County began a pilot where they contacted applicants who failed to keep
intake appointments in an attempt to complete the intake interview. If successful contact
was made an intake interview took place, which resulted in lower denials.
3. Alameda County under state monitoring and resulted in lower denials.
4. Many counties have more than one Program Analyst dedicated to CalFresh.
Alameda ~ 2.5 CF Program Analysts with one designated for outreach
Fresno ~ 2 CF Program Analysts
Ventura ~ 2 CF Program Analysts until 7/3/17. As of July 3, 2017, there are four
(4) CF Program Analysts. Two (2) are dedicated to writing policy and two (2)
operational analysts who visit district offices to ensure regulations are being
followed and provide Q and A.
There is an additional analyst dedicated to outreach for all programs. San Joaquin,
Solano and Contra Costa have one program analyst.
5. Due to Contra Costa’s high denial rate corrective action strategies are being developed.
This includes ongoing Case and Procedural Error Rate (CAPER) training, CF Topic of
the Month, Monthly Bulletins, and Hot Tips on top error trends.
0
2000
4000
6000
8000
10000
12000
14000
16000
18000
Alameda Fresno San
Joaquin
Santa
Clara
Solano Ventura CONTRA
COSTA
2013
2014
2015
2016
December 19, 2017 Contra Costa County Board of Supervisors Minutes 773
CalFresh Report to FHS for 08‐28‐2017 ‐ Page 18
Active Cases
X. Important Next Steps
The Department remains committed to providing timely and ready access to CalFresh
benefits for those with food insecurity, and in continuing to serve our CalFresh customers
in a timely and accurate manner. To this end, we have a continual improvement objective
in the areas of outreach, access, enrollment, and services delivery.
Part of this objective is to continue our community outreach efforts and to work even more
closely with our community partners to expand access to CalFresh benefits. Expanding
access includes our continued rollout of electronic and other alternative means for applying
for benefits. We will also continue our efforts to further streamline our CalFresh application
and benefits renewal process, and will continue to work on increasing knowledge and
awareness of the CalFresh program throughout and to targeted areas within the County.
0
20000
40000
60000
80000
100000
120000
Alameda Fresno San
Joaquin
Santa
Clara
Solano Ventura CONTRA
COSTA
2013
2014
2015
2016
December 19, 2017 Contra Costa County Board of Supervisors Minutes 774
RECOMMENDATION(S):
ACCEPT the report from the Health Services Department addressing mental health service issues and concerns
raised by the Family and Human Services Committee, the Mental Health Commission, Civil Grand Jury Report No.
1703, and members of the public.
FISCAL IMPACT:
There is no fiscal impact; the report is informational only.
BACKGROUND:
During 2016-2017, various mental health service issues and concerns were raised by the Board of Supervisors, the
Mental Health Commission, the Civil Grand Jury, and members of the public. The Board of Supervisors referred the
following three items to the Family and Human Services Committee for action:
On April 26, 2016, the topic of child and teen psychiatric services and the utilization planning of the Contra Costa
Regional Medical Center's 4-D Unit was referred to the Family and Human Services Committee.
On September 13, 2016, the issues brought forward by the Mental Health Commission's White Paper on the County's
public mental health care system was referred to the Family and Human Services Committee. Accompanying the
White Paper was a document from the Behavioral Health Division of the Health Services Department clarifying
aspects of the White Paper.
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 12/19/2017 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 19, 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:FAMILY & HUMAN SERVICES COMMITTEE
Date:December 19, 2017
Contra
Costa
County
Subject:F&HS Referral No. 115/116 Behavioral Health Services Report
December 19, 2017 Contra Costa County Board of Supervisors Minutes 775
On June 13, 2017, the Board of Supervisors received Civil
December 19, 2017 Contra Costa County Board of Supervisors Minutes 776
BACKGROUND: (CONT'D)
Grand Jury Report No. 1703, entitled "Mental Health Services for At-Risk Children in Contra Costa County" and
forwarded the report to the County Administrator for response. The draft response to report was sent to the Family
and Human Services Committee on July 31, 2017 for review. The Committee provided revisions and requested
client demographic data be provided. The Board of Supervisors approved the revised response to the report at
their August 15, 2017 meeting and referred any necessary follow-up actions to the Family and Human Services
Committee. On August 28, 2017, the Family and Human Services Committee approved the update on the client
demographic data and requested the Department to return in October 2017 with an update on any pending actions
resulting from the grand jury report and on the timeline of the new West County mental health services building
options.
Due to the overlap in topic and to prevent confusion and duplication of efforts, the Health Services Department
developed one cumulative report to address both referrals and updates to the grand jury report. The attached report
from the Behavioral Health Division of the Health Services Department includes consideration of input from
Mental Health Commission members. On October 30, 2017, the Family and Human Services Committee received
the attached report and approved it for Board approval.
CONSEQUENCE OF NEGATIVE ACTION:
The Board will not receive the report as recommended by the Family and Human Services Committee.
ATTACHMENTS
BHS Report on Child & Teen Psych, MH Systems and GJ Report Updates
December 19, 2017 Contra Costa County Board of Supervisors Minutes 777
Contra Costa Substance 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
WILLIAM B. WALKER, M.D.
Health Services Director
CYNTHIA BELON, L.C.S.W.
Behavioral Health Director
MATTHEW LUU, L.C.S.W.
Deputy Director of Behavioral Health
CONTRA COSTA
BEHAVIORAL HEALTH
SERVICES
1340 Arnold Drive, Suite 200
Martinez, CA 94553
Ph: 925-957-5150
Fax: 925-957-5217
Update on the Grand Jury Report No. 1703 and Referrals 115 & 116 – MHC’s White
Paper and
BH Division White Paper Clarifications
There are three primary areas of update related to the addendum that was previously
presented.
Grand Jury Report #1703: Facilities for Children’s Mental Health Services
West County Children’s Clinic staff has met with Steve Harris and Gennifer Mountain, to
review concerns and address the areas of deficiency within the current building, to
include concerns about asbestos. The clinic will be moving to a new clinic site in
eighteen to twenty-four months. Based on the areas of concern, and subsequent
feedback, the current site will need to be renovated to ameliorate some of the
environmental issues that have plagued the clinic, such as roof repairs, interior paint,
carpet replacement and correction of ADA compliance issues. An estimate has been
rendered totaling roughly $250,000. The roof repairs are tentatively scheduled to be
completed in October/November, depending on contractor availability, and the interior
renovations are anticipated to be completed by the end of the year. Further discussion
will need to take place around ADA space re-allocation. Air quality has been checked
regularly by Risk Management, and there has been no indication that there are
concerning levels of asbestos indicated. Air quality will again be tested at the
completion of renovations at the clinic. The new facility will not be ready for occupancy
for eighteen to twenty-four months, perhaps a bit longer.
We are actively seeking the relocation of the First Hope Programming in a centralized
county location. This will free up space for the development of the new TAY
Transitional Housing program at Oak Grove and the development of the First Break
program to be co-located with First Hope. Program staff has visited several prospective
sites and are weighing benefits and challenges of these spaces with Finance and
County Administration. It is a common goal to locate a site that will allow for expansion
of services, with minimal impact to current budget funding allocated for any tenant
improvements needed before moving. With this innovative program, appropriate
facility design will be crucial. It must meet the needs of the program treatment space
and be inviting and friendly to the teens and families that it will serve. The staff ideally
will be involved in the interior design of the new facility.
December 19, 2017 Contra Costa County Board of Supervisors Minutes 778
Grand Jury Report No. 1703 and Referrals 115/116: Psychiatric Shortage and
Recruitment Efforts
The Deputy Director of Behavioral Health, Matthew Luu, has been working with the
Division’s Acting Medical Director to expand the recruitment of Psychiatrists.
Historically, the Behavioral Health Division has solely utilized Jackson & Coker
Locumtenens, LLC to assist in recruitment of Psychiatrists. Since the last update, the
County has enhanced efforts to expand the recruitment and employment of Physicians
via Health Services Finance’s approval for Behavioral Health to access the staffing
agencies utilized by CCRMC.
To date, the contract agencies working with the Behavioral Health Division are now:
Jackson & Coker Locumtenens, LLC., Staff Care, Locumtenens.com, and Traditions
Behavioral Health (TBH).
No studies have been conducted by the Division related to a staffing assessment. Once
current vacancies are filled, the Division will then determine if an assessment is needed
to look at future needs for Psychiatry. It is important to note that there is an acute
shortage of Psychiatrists available in the market and even fewer Child Psychiatrists.
Every County in the State is dealing with this reality. There is no new information to
report on County psychiatrist salary and benefits changes since the County is still
negotiating with Physicians’ and Dentists’ Organization of Contra Costa. The current
contract was recently extended through December 31, 2017.
The following tables summarize the current status of Psychiatric staffing:
Children’s System of Care
Filled Positions
(Contract)
Vacant Positions
(County)
Children’s 7.6 FTE 3.8 FTE
Confirmed Candidates:
MD Name %
FTE
County
Region
Status Agency Name
John Kipling
Jones
1.0 West November 2017 start
date
Jackson & Coker,
LLC
Barbara
Swarzenski
0.6 West December 2017 start
date
CCBHS contract
Nicole Quiterio 1.0 West Interview in October
2017
TBH
Zakee
Matthews
1.0 West Interview in October
2017
TBH
December 19, 2017 Contra Costa County Board of Supervisors Minutes 779
Adult System of Care
Filled Positions
(Contract)
Vacant Positions
(County)
Adult 25.8 FTE 7.2 FTE
Confirmed Candidates:
MD Name %
FTE
County
Region
Status Agency Name
Richard
Cohen
0.6 East January 2018 start date Staff Care
Chang Lee 1.0 East November 2017 start
date
Staff Care
Behavioral Health is continuing with its nationwide search for a new Behavioral Health
Medical Director. The next interview will take place in early December.
Grand Jury Report No. 1703 and Referrals 115/116: Child and Teen Crisis
Services – Mobile Response and Staffing
The Children’s System of Care has contracted with Seneca Family of Agencies for more
than 15 years to provide Mobile Crisis Response to all three regions of the County.
Seneca Family of Agencies provides short-term crisis intervention and stabilization
services are provided to children and transitional-age youth who are in acute psychiatric
distress. The primary goals for MRT are crisis stabilization, decrease need for police
involvement, reduce unnecessary hospitalizations, assist youth in accessing emergency
psychiatric care when needed, and assess the youth’s current mental health needs.
Based on experience of implementing Mobile Response, the County has expanded
Seneca’s contract to include additional funding to be able to support all children and
families in Contra Costa County. The team will be available from 7AM to 11PM for field
evaluation and visits. They will be available 24/7 by phone and after hours a field visit
will be implemented if indicated by phone evaluation.
The Adult System of Care has also initiated planning and implementation of Mobile
Crisis Response, which will be county-operated, and managed by our Specialty Mental
Health Forensics clinic. There will be staff centrally located to all regions of the County
and will have staffing 24-hours, 7 days a week. The PM shift, covering 3pm to 11pm,
will have 2 teams scheduled, as these hours have been indicated by PES to have a
higher volume of patients. The Adult Mobile Response team will work collaboratively
with the Forensic Mental Health Evaluation Team (MHET) and local police departments,
as needed, to alleviate the impact on Psychiatric Emergency Services.
The expansion of the Children’s Mobile Response Team and the implementation of the
Adult Mobile Response teams have a hard start date of January 2018. Both programs
December 19, 2017 Contra Costa County Board of Supervisors Minutes 780
will help to link at-risk individuals—children, transition-aged youth, adults and older
adults to the appropriate services and minimize additional impact on PES and limited
crisis services.
Children’s services staffing levels are slightly below the pre – 2008 Levels adjusting for
Katie A. While some staff has been added Children’s staffing needs to add an
additional number of positions, Clinical and Family Partner staff, in the regional clinics.
Currently, Children’s is adding positions to meet the increasing demands of Katie A. and
Continuum of Care Reform, however, this will only meet the pending demand for these
services. These initiatives along with the Affordable Care Act have left the clinics
slightly understaffed.
Referral 115/116: Child and Teen Crisis Services – Impact on PES
Health Services Psychiatric Emergency Services (PES) continues to see a rising
number of 5150 clients and the census continues to be higher than originally intended.
The facility design was targeted for a smaller daily influx of consumers. The
Department acknowledges that PES continues to be busy with an average of nearly 900
patients per month, and is able to respond to average client visits in a timely manner.
Intermittently PES census can spike to 30 or more patients and these peak occurrences
are taxing on staff and space capabilities. In response to the challenges of census
spikes, the Department has increased staffing in the morning to allow for expedited re-
evaluation of overnight clients. This has been mostly manageable with a slightly
reduced length of stay meaning consumers are able to leave the unit sooner and
disposition is quicker. Additionally, the total number of monthly visits has been stable
over the last 3 years with fewer spikes in demand suggesting a minimally acceptable
staffing pattern that is taxed in times of crisis. In those instances additional resources,
such as, Miller Wellness, etc. are used. The opening of the Miller Wellness Center has
contributed to a stable number of monthly visits due to its accessibility to voluntary
patients. Additionally, Miller Wellness has had a central role in assisting the Regional
Clinics in the Children’s System of care to serve consumers by providing initial
Psychiatric assessment when needed and medication. Primarily it has allowed the
system a way to divert non-acute consumers into appropriate service.
Issues with PES space and design continue to be a challenge, particularly with children.
Children must walk through the adult milieu upon arrival and departure and to reach the
interview room. Minors are housed in a separate room in an isolated corner of PES with
dedicated bathroom and a nurse present at all times in the doorway. When they need
to traverse the main environment, they are escorted by staff at all times (i.e. to enter or
exit PES or to go to the interview room.) A separate space for children to enter, exit and
to reside while present in PES is a priority. The Behavioral Health Division, however,
has no control over space allocation, or any other operational and facilities planning
within PES as a Hospital and Clinics Unit. Hospital and Clinics is currently looking at
ways to improve the current situation and have Child and Adult services be more
segregated.
December 19, 2017 Contra Costa County Board of Supervisors Minutes 781
A re-model is needed for separate entry of patients arriving via ambulance, voluntary
walk-up clients, and children, as well as private space for confidential conversations
with loved ones and for clients seeking information about our services.
With respect to needs for referral to facilities, PES’ primary difficulty can be finding
hospital beds for challenging minors (as they may be declined by outside hospitals) and
also, housing for regional Center clients who lose their placement. These Regional
Center clients can be housed in PES for extended periods of time while awaiting
suitable placement and plan. Currently there is no requirement that a private
Psychiatric Hospital accept a patient from a Psychiatric Emergency Service. As a
result, a number of youth get denied each year and remain at PES past their allowed 23
hours and 59 minutes. There is a statewide shortage of acute care beds for children
and youth. Behavioral Health has explored the possibility of a child and youth inpatient
unit at County Hospital. While doable in concept, it became clear that the project was
fiscally not feasible. Other options Children’s Services is exploring include the
development of a Crisis Residential Facility to provide short term stabilization to the
consumer and family.
Summary
The Behavioral Health Division is aware that while all issues identified in the Grand Jury
Report and White Paper have not been completely resolved, a considerable amount of
progress has been made and significant effort has been put towards addressing the
issues identified. Behavioral Health is committed to its partnership with the Mental
Health Commission, the community, the Board of Supervisors, and its agency partners.
We are dedicated to diligently working collaboratively to ameliorate the identified
findings and ensure that we meet the needs of those we serve and their families.
Sincerely,
Matthew Luu, L.C.S.W
Deputy Director of Behavioral Health
Contra Costa County Behavioral Health Division
December 19, 2017 Contra Costa County Board of Supervisors Minutes 782
RECOMMENDATION(S):
ACCEPT the report from the Employment and Human Services Department on Youth Services, including an update
on the Independent Living Skills Program.
FISCAL IMPACT:
No fiscal impact.
BACKGROUND:
An annual update of the Independent Living Skills Program administered by the Employment and Human Services
Department (EHSD) was first referred to the Family and Human Services Committee by the Board of Supervisors on
October 17, 2006. Since that time, the Department has provided an annual update on Referral No. 93 - Independent
Living Skills Program on the services offered by the program and the outcomes for young adults.
On June 7, 2016, EHSD requested, and the Board approved, expanding Referral #93 – Independent Living Skills
Program to include additional youth services updates and retitling the referral to “Youth Services Report”, so that the
department can include reports on all youth services offered in the community through EHSD, including Workforce
Investment and Opportunity Act (WIOA) and CalWorks youth services.
The Family and Human Services Committee reviewed and accepted the Youth Services report (attached) at its July
31, 2017 meeting.
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 12/19/2017 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: Kristen Lackey,
925-335-1043
I hereby certify that this is 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 19, 2017
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc:
C.103
To:Board of Supervisors
From:FAMILY & HUMAN SERVICES COMMITTEE
Date:December 19, 2017
Contra
Costa
County
Subject:Family and Human Services Referral No. 93 / Youth Services Report - Independent Living Skills Program
December 19, 2017 Contra Costa County Board of Supervisors Minutes 783
CONSEQUENCE OF NEGATIVE ACTION:
The Board will not receive its annual update on youth services provided by the Employment and Human Services
Department.
ATTACHMENTS
ILSP Report
WDB Report
Youth Services Presentation
December 19, 2017 Contra Costa County Board of Supervisors Minutes 784
1
EMPLOYMENT AND HUMAN SERVICES
CONTRA COSTA COUNTY
TO: Family and Human Services’ Committee Members DATE: July 31, 2017
David Twa, Contra Costa County Administrator
FR: Kathy Gallagher, Director, Employment and Human Services Department
Kathy Marsh, Interim Director, Children and Family Services Bureau
SUBJECT: Independent Living Skills Program (ILSP)
RECOMMENDATION
Accept this report from the Employment and Human Services Department; and continue to
support the Children and Family Services Bureau and its efforts to serve foster youth in the ILSP
program.
BACKGROUND
The Omnibus Budget Reconciliation Act of 1993 permanently authorized the Independent Living
Program (ILP) which offers training, services and programs to assist current and former foster
youth achieve self-sufficiency prior to and after leaving the foster care system. The Chafee
Foster Care Independence Program (CFCIP) Act of 1999 (Public Law 106-169), amended Section
477 of the Social Security Act providing more flexibility in the use of ILP funding (see 42 USC
677).
In California, County Welfare Departments have the flexibility to design services to meet a wide
range of individual needs and circumstances for current and former foster youth. Every
California County operates an ILP. Youth participation is voluntary. Overwhelming evidence
supports the fact that youth leaving foster care are in need of greater support as they transition
into adulthood. Foster youth nationwide are found to have an increased likelihood of early
parenting, instability in relationships, not graduating from high school, lower school
performance, increased health and mental health concerns, homelessness, incarceration,
substance abuse, and a higher rate of unemployment.
In September 2010, Governor Schwarzenegger signed into law Assembly Bill 12, the California
Fostering Connections to Success Act. AB12 took effect on January 1, 2012 and allows young
adults to be provided transitional support to age 21 and ensure that they are given the
necessary skills to survive on their own. A young adult must be in a high school or a GED
program, enrolled in a college or vocational program, employed at least 80 hours per month,
participating in a program designed to remove barriers to employment, or unable to
work/attend school because of a medical condition. The young adult must also live in an
approved placement and sign a mutual agreement with their case worker, Supervised
December 19, 2017 Contra Costa County Board of Supervisors Minutes 785
2
Independent Living Placement (SILP). With this legislation, young adults will receive the
support of the foster care system to age 21, extending the time to work with young adults in
foster care with more parity in assistance provided to children from intact families.
PROGRESS TO DATE:
For the past twenty nine years, the Children and Family Services Bureau of the Employment and
Human Services Department has provided services through the Independent Living Skills
Program (ILSP). This program educates and supports youth in a wide variety of areas designed
to inspire a successful transition to adulthood, and empowers foster youth to become
responsible adults. Staff working in the program are Contra Costa County employees. Under
the direction of a Program Coordinator and an Assistant Coordinator, the five program
specialists continue to provide services to Contra Costa County foster youth, out of county
youth and probation youth, while embracing the CCC CFS ILSP Vision statement:
“Our vision is to move every youth from stagnation to motivation, from limit ations to
possibilities; from dependency to self-sufficiency; from the past to the future.”
As a result of their successful approach and accomplishments, the Contra Costa County CFS
Independent Living Skills Program has received recognition throughout the State of California
and nation for its performance and youth services. The program continues to emphasize and
promote positive youth development to support young people in developing a sense of
competence, usefulness, belonging and empowerment. ILSP is funded by the federal Title IV-E
and state dollars.
ILSP offers a variety of skill building trainings and youth engagement activities to promote self-
sufficiency in foster youth. Development activities and programs include, but are not limited
to, employment preparation, vocational training support, education resources, financial literacy
and housing assistance. ILSP spotlights four core areas called the Four Pillars when providing
hands-on, experiential learning experiences. The Four Pillars consist of Education, Employment,
Housing and Well Being. Workshops and events are provided in the East, West, and Central
parts of the county to attract more youth participation and to provide a shorter travel distance
for care providers and youth attending weekly workshops and events.
This past fiscal year, six hundred and ten (610) current and former foster youth were served
both individually and in group settings (i.e. workshops, classes, etc.) One hundred forty seven
(147) of these youth are deemed “Non-Minor Dependents,” and have chosen to remain in
foster care under Assembly Bill 12.
ILSP PILLAR - HOUSING
Transitional housing for foster youth and emancipated young adults continues to be delivered
in Contra Costa County. Under the Transitional Housing Placement Program (THPP), two
providers serve the in-care foster youth age 16-18. Under the Transitional Housing Program
December 19, 2017 Contra Costa County Board of Supervisors Minutes 786
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Plus (THP+), three providers serve emancipated youth, aged 18-24. The emergence of
Assembly Bill 12 produced an additional transitional housing opportunity called Transitional
Housing Program Plus Foster Care (THP+ FC), which has 5 providers. This program serves young
adults, ages 18-21 that have opted to remain in foster care as Non Minor Dependents under
AB12. Housing continues to be a significant challenge for young adults as they emancipate.
The Housing Continuum that Children and Family Services created has improved the numbers
of young adults being served, but now that AB 12 has been implemented, some of the existing
providers are opting to serve the Non Minor Dependent population exclusively, creating an
increased need for housing to serve those young adults opting to emancipate from foster care
at age 18 or 19.
ILSP maintains its efforts to develop housing options in the community through collaborations
with community based organizations, faith based organizations and individual citizens whom
are willing to offer support (i.e. room for rent). The constant goal in this area is to develop
more permanent housing options for foster youth. For example, ILSP has established
connections with the Housing Authority and receive Section 8 lists when they become available
so that ILSP participants can apply. Our ILSP staff assist youth in applying for these
opportunities. Additionally, the contracted providers, such as the County’s Homeless Programs
and First Place for Youth, work diligently to develop more permanent housing options and
advocate for improved housing options for foster youth. This past fiscal year we began to refer
youth to Safe Time who provides host homes to potential applicants.
ILSP PILLAR- EMPLOYMENT
ILSP has been partnering with the Workforce Development Board of Contra Cost a County to
deliver employment services to eligible foster youth through the Workforce Innovation and
Opportunity Act. ILSP refers youth to participate in the Earn and Learn Summer Employment
Program. ILSP continues to cultivate working relationships with the three contracted agencies
providing services through the Workforce Investment Opportunity Act (WIOA). Our work
includes referring 20% of the foster care population to both the “In School and Out of School”
programs throughout the school year. The case managers for the contracted agencies present
at ILSP staff meetings and ILSP workshops in order to recruit youth and disseminate information
for services available to them. This collaboration has proven to be beneficial to our program
and program participants and the number of foster youth served with WIOA have been steadily
increasing because of our partnership.
The East County Youth in Transition Committee comprised of Uplift Family Services, The Contra
Costa County Office of Education Foster Youth Services and The Contra Costa County Children
and Family Services' Independent Living Skills Program has been partnering with the Los
Medanos Community Healthcare District since 2011 to provide summer internships for youth
transitioning out of the foster care system. The Internship is designed to provide valuable
employment skills to the youth participants. Youth work in groups and learn public speaking
skills and they conduct research on health care issues identified by the Los Medanos
December 19, 2017 Contra Costa County Board of Supervisors Minutes 787
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Community Healthcare District. This summer will be the seventh year of this award winning
internship.
Los Medanos Community Healthcare District’s Summer Intern Program projects include:
2011 - Healthy Eating Habits and Fitness: Pittsburg Seafood Festival
2012 - Under Age Smoking: Curbing teenage smoking
2013 - A Battle for Breathing: Air Pollution, Lung Cancer, and Asthma in the Community
2014 - The Heritage Project: Bridging the Age Gap between youth and senior citizens
2015 - Healthy Youth Council: Impacting Our Community to Stop Diabetes
2016 - Youth Empowerment Group: The Trends of E-cigarettes and Cigarettes usage
LMCHD’s Summer Intern Program achieved the following awards and recognitions:
2013 – Exceptional Public Outreach & Advocacy Award from California Special Districts
Association
2013 - Certificate of Recognition for Public Outreach & Advocacy from Assemblyman Jim
Frazier
2013 - Letter of Recognition for Public Outreach & Advocacy from Assemblywoman Susan
Bonilla
2013 - Letter of Recognition for Public Outreach & Advocacy from Local Agency Formation
Commission (LAFCO)
2014 - Innovative Program of the Year Award from California Special Districts Association
2015 - Exceptional Public Outreach & Advocacy award for small districts
ILSP PILLAR- EDUCATION
It is well documented that foster youth are under-educated, lack basic educational skills and
often drop out of high school. ILSP supports and encourages foster youth to stay in school
through curriculum that motivates youth to strive towards graduation, pursue a higher
education and embrace learning as a lifelong process. Our collaboration with the County Office
of Education and Mt. Diablo Foster Youth Services allows us to partner in order to get resources
and support to youth in need. This past year, one hundred and seven participants graduated
from high school and eleven graduated from college. All of the graduates were honored at the
29th Annual ILSP Recognition Event where fifty-three scholarships totaling over seventy
thousand dollars, were awarded.
ILSP provides the following trainings and events to foster youth with a concentration on Senior
Youth, to better prepare them for post-secondary education:
Scholarship Workshop
Financial Aid Workshop
Preparing Personal Statements
December 19, 2017 Contra Costa County Board of Supervisors Minutes 788
5
Navigating the Community College System
College Campus Tours
Understanding the FAFSA, Chafee Grant and Board of Governor’s Fee Waiver
Senior Night Workshop
College Luncheon
Understanding the UC and the CSU system
ILSP has established specialized relationships and collaborations with the following agencies
and colleges to provide a seamless transition upon emancipation from foster care:
Los Medanos Community College:
A “Student Connection Team” was developed to provide youth with a direct contact
person within each department on campus, giving them a person to connect with while
navigating the community college system. ILSP East County Life Skills trainings are held
on campus once per week, exposing youth to the college environment. Tours and
information about the various programs and areas of study at Los Medanos Community
College are included as a part of the Life Skills Curriculum. Presentations from
departments are held as often as possible.
Job Corps – Treasure Island:
ILSP continues to maintain a relationship with Job Corps, one of the largest career
technical training and education programs in the nation for students ages 16 through
24. Job Corps provides hands on training in careers such as the Culinary Arts,
Construction, Healthcare, Security and Protective Services. Housing, meals and basic
medical care are afforded to our youth through the course of the program. ILSP is
offered site visits for youth who are interested in enrolling at Job Corps and priority
opportunities have also been made available to ILSP youth. Under AB12, this is an
approved Supervised Independent Living Placement (SILP) for our young adults.
Sierra College:
The Sierra College provides foster youth various programs, inclusive of an on-campus
housing option. Programs such as the TRiO program, Umoja, Puente, First Year
Experience, EOPS and CARE have proven to benefit ILSP youth. Our continued
relationship has nurtured a priority enrollment and registration into these programs.
Several times per year, ILSP takes appropriate youth to the campus for tours,
assessments and introductions of the services available to them. College Counselors are
on site during these presentations and financial relationships are in place to assist our
youth with securing housing/dorm deposits should they choose to attend Sierra College.
Under AB12, this is also an approved Supervised Independent Living Placement (SILP) for
our youth.
ILSP has developed relationships with the following agencies and organizations to better serve
our foster youth and to support programs and events:
December 19, 2017 Contra Costa County Board of Supervisors Minutes 789
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The Assistance League of Diablo Valley:
ILSP has collaborated with the Assistance League of Diablo Valley to develop a Senior
Sponsorship Program as well as various scholarships for our youth.
The Senior Sponsorship Program is designed to financially assist graduating seniors with
the expenses for typical events during their Senior Year in High School. The program
funds such things as senior pictures, yearbooks, prom tickets, cap/gown expenses,
graduation announcements, as well as laptop/tablet purchases. This past year, 25 ILSP
participants were sponsored $400.00 each totaling $10,000.00. In addition, the
Assistance League provides each emancipating youth with an “On Your Way” Duffle bag
filled with various household products and basic necessities to assist them as they
progress into adulthood.
Volunteer Emergency Services Team In Action, Inc. (VESTIA):
VESTIA has served as a fiduciary agent for ILSP donations. In addition, this past year, the
VESTIA Board sponsored a part of the expenses for the 29th Annual Recognition Event
held to honor graduating seniors. The VESTIA scholarship committee awarded eleven
(11) scholarships totaling $11,000.00 that evening. We receive items for our onsite Food
Pantry, donated clothing for our onsite clothes closet and school supplies for our youth
as often as needed.
The Orinda Woman’s Club:
The Orinda Woman’s Club has provided scholarships annually to our graduating seniors.
This past year, 8 youth benefited from a total of $8,000.00 in scholarships towards their
college education.
Honorable Judge Lois Haight Foster Youth Foundation:
In 2001, Honorable Judge Lois Haight established a foundation specifically to serve our
population of youth and has since provided hundreds of scholarships to our youth in
excess of $440,000.00. This past June, she presented twenty (25) scholarships totaling
$25,000.00 to seniors of the class of 2017.
The Wilhelmina Johnson ILSP Youth Award:
Wilhelmina Johnson was an avid youth advocate, social worker and program analyst
who dedicated 24 years to Contra Costa County youth and was instrumental in the
establishment of Contra Costa County’s Independent Living Skills Program. She believed
that every youth deserved a chance regardless of their background. ILSP honors youth
who have demonstrated the ability to overcome significant barriers and achieved
personal growth with this scholarship each year.
Foster A Dream:
ILSP collaborates with Foster A Dream to host the annual Holiday Network Event as part
of the Well-Being Pillar. In addition, Foster a Dream has provided our youth with
December 19, 2017 Contra Costa County Board of Supervisors Minutes 790
7
backpacks containing school supplies during our Fall Retreat Kick-off Event. Foster A
Dream also provides scholarships to graduating seniors each year.
Free Senior Portraits by Suzy Todd Photography:
Suzy Todd approached ILSP and offered her professional services to ILSP seniors. She
wanted to give back and does so by providing seniors with free senior portrait packages
valued at $300 each.
The Secret Elves:
During the Holiday season, ILSP hosts a Holiday Social event for our youth to provide
them with donated gifts from the Secret Elves. The Secret Elves have provided gifts that
teens are able to enjoy during the holiday season. This past year, The Secret Elves
provided each youth a ukulele and lessons on how to play one. In addition, youth were
given gift cards to purchase a personal item of their choice.
Friends of ILSP:
“Friends of ILSP” is an informal group of ten members of the Philanthropic and
Educational Organization that will provide scholarships and financial assistance to ILSP
graduates. This organization is providing scholarship monies to upcoming or former
graduates of the Independent Living Skills Program that wish to or are pursuing higher
education or certification from a trade school. Applications are accepted throughout the
school year and contact by this organization is ongoing. They provide birthday an d
holiday cards and frequent contact throughout the year to let our young adults know
that they are cared for.
ILSP WELL-BEING
Youth in foster care often do not experience childhood in the way most children who live with
their families of origin do. They have suffered child abuse and neglect, been removed from
their families and many older youth spend the remainder of their childhood moving from home
to home. The foster care system is designed to fund board and care and basic needs, but not
necessarily extra-curricular activities such as participating in sports, arts, birthday parties,
spending the night at friend’s homes, and the like. They are in turn expos ed to the sub-culture
of foster care. They learn the survival skills needed to cope with placement changes, rejection
from resource parents, and the grief of not being with their families. Instead of developing
positive social skills, for instance, some are learning to cope with living in a group setting with
other foster youth who are struggling with their own issues. ILSP provides activities and
supportive services to help encourage positive social development and exposure to typical child
hood activities. Through a variety of excursions such as outings to baseball and football games,
field trips to beaches, bike riding, ski trips and water rafting, foster youth are able to experience
fun activities that a typical teenager might, but are also mentored in developing positive social
skills and are further engaged in the ILS program. The State of California Department of Social
Services has emphasized the importance of supporting the well-being of foster care and ILSP is
the perfect mechanism to provide this intervention. The ILSP staff is trained in an approach
December 19, 2017 Contra Costa County Board of Supervisors Minutes 791
8
called Positive Youth Development. This approach enables them to engage youth and motivate
them to strive to improve their lives and grow into happy and healthy adults.
ILSP - AFTERCARE
Each year, 100-150 foster youth are eligible to age out of foster care at age 18 or 19 years old.
If they choose to emancipate out of foster care, then at that point, they are on their own to
support themselves. Some foster youth are fortunate to remain with their resource parents or
relatives; other youth are able to participate in a Transitional Housing Program, but most of
them will struggle once they leave the system. The funds provide supportive services to
emancipated foster youth up to age 21 years old. The needs of emancipated youth are severe.
They often call in crisis, homeless and in need of basic necessities such as transportation, food
and shelter. The Aftercare program provides emancipated foster youth as well as Non Minor
Dependent young adults living under AB12 regulations supportive housing, employment,
educational, and crisis services.
LEADERSHIP DEVELOPMENT
ILSP promotes the development of leadership in foster youth. Whenever possible,
emancipated foster youth are invited to share their experiences with ILSP youth and to
facilitate workshops or trainings. In addition, ILSP promotes participation and support of the
Contra Costa County California Youth Connection (CYC) chapter. CYC is a statewide advocacy
organization specifically geared towards developing leadership in and advocacy skills to engage
foster youth with policy makers to improve the foster care system. CYC is mainly responsible
for all of the positive legislative changes impacting the child welfare system. Additionally, each
year ILSP prepares foster youth to participate in a leadership group called the Speaker’s Bureau.
These youth are trained in public speaking and work with ILSP to speak to community groups,
advocate for legislation at the State Capitol and be the Youth voice in the child welfare system.
This past year, our local chapter of CYC received the Local Issue Award for bringing healthy
eating awareness to our local group homes and for hosting the Iron Chef Challenge, which
paired our participants with care providers who together, prepared a nutritious meal.
SUMMARY/CONCLUSION
Youth who emancipate from foster care are expected to become self-sufficient at age 18 or 19
years old. This entails the ability to maintain stable housing, maintain employment, and
maintain one’s physical health. Research on the outcomes of emancipated foster youth
indicates that this task is difficult for this population. Rates of homelessness for emancipated
foster youth have been found to be as high as 42% and housing moves are generally related to
poverty and lack of stable family relationships. Foster youth also have high rates of
incarceration, especially when they have experienced multiple placements and time in the
foster care system.
December 19, 2017 Contra Costa County Board of Supervisors Minutes 792
9
ILS programs have been implemented by Child Welfare programs in order to help prevent these
negative outcomes. The Contra Costa County CFS ILSP has upwards of 800 eligible youth each
year and endeavors to provide resources in collaboration with the foster care system. Much of
the work of the ILSP Coordinators and staff is spent cultivating collaborative partnerships with
community based organizations and other foster youth serving groups. Their expertise in
engaging youth and motivating them to stay in school, graduate, and obtain life sustaining
employment is critical. This work was acknowledged by the 2014-2015 Contra Costa County
Grand Jury, in report 1509, entitled, “The Benefits of the California Connections to Success Act
in Contra Costa County.” With the Board’s continuing support and commitment to the ILS
program, foster youth will continue to benefit from quality skill building workshops, events and
one on one support. They will continue to acquire better social skill development and improve
transitions into adulthood.
December 19, 2017 Contra Costa County Board of Supervisors Minutes 793
Workforce Development Board Family & Human Services Presentation May 2017
WIOA Youth Programs
On July 22, 2014 the Workforce Innovation and Opportunity Act (WIOA) was signed into law. WIOA was
implemented on July 1, 2015, replacing the Workforce Investment Act (WIA) of 1998. Key changes under
WIOA for serving youth include increasing the minimum percentage of funds to be spent on out-of-
school youth from 30% to at least 75%, increased focus on work-based learning and career pathways,
extending the out-of-school age limit from 21 to 24 years and streamlining the eligibility process. These
changes are consistent with DOL’s commitment to delivering high-quality services for disconnected youth
and young adults beginning with career exploration and guidance, continuing support for educational
attainment, opportunities for skills training in high-demand industries/occupations and culminating with
a high quality job along a career pathway or enrollment in post-secondary education.
The Department of Labor (DOL) estimates that nearly 14 percent of 16-24 year olds in this country are
not employed or not in school. In many cases, they face additional challenges, including being low-
income, homeless, young parents, in foster care or involved in the justice system. These disconnected
youth and young adults are twice as likely to live in poverty, three times as likely to not have a high
school diploma or its equivalent and three times as likely to be disabled. Disconnected girls and young
women are more than three times as likely to have a child as their connected counterparts. Strategies to
reach and engage these vulnerable young people are a priority for the Workforce Development Board.
The Workforce Development Board of Contra Costa (WDB) and its Youth Committee issue a Request for
Proposals (RFP) every three years. By partnering with Community Based Organizations other Public
Agencies and School Districts, the WDB maximizes impact in the communities most in need by leveraging
match funding. For instance, WIOA funding in contracts with current service providers Contra Costa
County Office of Education/RYSE, Bay Area Community Resources/Opportunity Junction, and Mount
Diablo Unified School District is matched dollar for dollar. WIOA funds allocated to youth service
providers are used for the following program design areas:
Outreach, Recruitment, Orientation
Intake, Eligibility, Registration
Objective Assessment and Referral
Individual Service Strategy
Case Management
Access to a Range of Services.
It is the intent of the WDB’s youth program to connect more young people in Contra Costa County with
broader work opportunities, increase work readiness and competitiveness in future employment and
build career planning capacity and skills development through various means including post-secondary
education. Funded youth providers program designs must include the following 14 required elements:
DONNA VAN WERT
INTERIM EXECUTIVE DIRECTOR
Executive Director
December 19, 2017 Contra Costa County Board of Supervisors Minutes 794
Tutoring, study skills training
Alternative secondary school offerings
Meaningful work experience opportunities
Occupational skills training
Education offered concurrently with workforce preparation
Leadership development opportunities
Supportive services
Adult mentoring
Follow-up services for a minimum 12-month period
Comprehensive guidance and counseling
Financial Literacy education
Entrepreneurial skills training
The WDB’s service provider’s delivered intensive wrap-around services to 400 youth and young adults in
FY 2017/18. For example, 107 of those youth have a disability, 42 are connected to the justice system,
227 are basic skills deficient, 72 are in, or aged out of, Foster Care, 77 are homeless youth and 66 youth
who are pregnant or parenting.
The WDB strives to be diversified in our funding for youth programs and has positioned itself to receive
financial support from the California Department of Education Career Pathways Trust grants. With that
funding, the WDB launched Earn & Learn East Bay, an engagement and recruitment campaign bringing
partners throughout Contra Costa County and the East Bay together to expose youth and young adults to
local careers and hands-on work experiences. Earn & Learn recognizes the value of collaboration to
support our region’s economic vitality. This innovative initiative maximizes success for both businesses
and youth and has successfully connected thousands of youth to Work-based learning experiences in the
community.
WIOA funding has seen a steady decrease over the past 3 program years. For fiscal year 2017-18,
significant decreases in funding are expected to impact the WDB’s ability to serve the most vulnerable
youth in Contra Costa County. The graphic below demonstrates the severe funding reductions that the
WDB has already seen in just the youth program, which has resulted in an almost 50% reduction in
contracted services. These contracted services are the heart of our youth program.
December 19, 2017 Contra Costa County Board of Supervisors Minutes 795
December 19, 2017 Contra Costa County Board of Supervisors Minutes 796
Moving the agency in a positive direction with regards to helping families become stronger so they can care for their children, helping family be able to care for children when their parents cannot, and to create and maintain a workforce committed to excellence.2016/2017PROGRAM REPORTFAMILY AND HUMAN SERVICES’ COMMITTEEJuly 31, 20171December 19, 2017Contra Costa County Board of Supervisors Minutes797
The Forward Movement of Children & Family ServicesService Delivery to strengthen families in the community• Prioritizing Staffing• Ombudsman specific for CFS & Adult Protective Services Work• Caregiver Liaison• Safety Organized Practice (SOP)• Children’s Leadership Team (CLT)• The Court Unit Workgroup• The County Culture Workgroup• Intensive Family Services (IFS)• Structured Decision Making (SDM)• Resource Family Approval (RFA)• Approve Relative Caregiver Funding Option (ARCFO)• Continuum of Care Reform (CCR)• Continuous Quality Improvement (CQI)2December 19, 2017Contra Costa County Board of Supervisors Minutes798
•Programming to support foster youth age 16 to 21 years old to become self-sufficient through skill building, supportive services and positive youth development.•Funding and services expanded to State and Federal government via the John H. Chafee Foster Care Independence Act in 1999.•Assembly Bill 12, the California Fostering Connections to Success Act allows young adults to be provided transitional support to age 21 to ensure the necessary skills to survive on their own.3December 19, 2017Contra Costa County Board of Supervisors Minutes799
The IndependentLiving Skills Program“Our vision is to move every youthfrom stagnation to motivation,from limitations to possibilities;from dependency to self-sufficiency; from the past to the FUTURE.”4December 19, 2017Contra Costa County Board of Supervisors Minutes800
•Children who have been removed from their family’s custody due to neglect and abuse.•Children who have not reunified with their family nor have they found a permanent home (i.e. adoption)•Children who may have grown up in foster care or just entered as adolescents.•Youth who have a Placement Order through the Juvenile Probation Department at the age of 16.5December 19, 2017Contra Costa County Board of Supervisors Minutes801
Children who emancipate from the foster care systemface higher rates of:• Unemployment• Lower Educational Attainment• Incarceration• Dependence on public assistance• Substance abuse• Early parenting• Homelessness• Increased Health and Mental Health problems• Other high-risk behaviors6December 19, 2017Contra Costa County Board of Supervisors Minutes802
•Staff consists of an ILSP Coordinator, Assistant Coordinator and 5 Program Specialists•Serves all foster youth from Contra Costa County, including youth from other counties placed in Contra Costa County •ILSP Youth Center opened in 2001•Collaborative Partners include:CCC Office of EducationThe Assistance League of Diablo ValleyCCC Community College DistrictThe Orinda Woman’s ClubWellness City ChallengeBay Area Community ResourcesJob Corps – Treasure IslandThe Secret ElvesSuzy Todd Photography Friends of ILSP OrganizationThe Los Medanos Community Healthcare DistrictHonorable Judge Lois Haight Foster Youth FoundationCCC Workforce Development Board Youth Council – WIOAVolunteer Emergency Services Team In Action (VESTIA)Foster A DreamARM of Care, Inc7December 19, 2017Contra Costa County Board of Supervisors Minutes803
•ILSP spotlights four core areas called “The Four Pillars” when providing hands-on, experiential learning experiences for participants. The Four Pillars consist of Education, Employment, Housing and Well-Being. Workshops are offered in all three regions of the county (East, Central & West) to increase participation. •Aftercare program for emancipated youth/AB12 youth•Leadership Development through California Youth Connection (CYC)8December 19, 2017Contra Costa County Board of Supervisors Minutes804
•This past fiscal year, 610 current and former foster youth were served both individually and in group settings (i.e. workshops, classes, etc.)•147 of these youth were Non-Minor Dependents•THP+ has the capacity for 12 emancipated youth and THPP has the capacity for 24 in care youth•THP+FC is expanding as new providers are becoming certified to offer housing services to our Non Minor Dependent Population. We currently work with six licensed agencies.•106 ILSP youth graduated High School in 2017•11 graduated college9December 19, 2017Contra Costa County Board of Supervisors Minutes805
10December 19, 2017Contra Costa County Board of Supervisors Minutes806
11December 19, 2017Contra Costa County Board of Supervisors Minutes807
Summer Network Event – WaterWorld12December 19, 2017Contra Costa County Board of Supervisors Minutes808
13December 19, 2017Contra Costa County Board of Supervisors Minutes809
Los Medanos Community CollegeFoster Youth Education Summit14December 19, 2017Contra Costa County Board of Supervisors Minutes810
15December 19, 2017Contra Costa County Board of Supervisors Minutes811
16December 19, 2017Contra Costa County Board of Supervisors Minutes812
17December 19, 2017Contra Costa County Board of Supervisors Minutes813
Iron ChefYouth Challenge Event18December 19, 2017Contra Costa County Board of Supervisors Minutes814
19December 19, 2017Contra Costa County Board of Supervisors Minutes815
20December 19, 2017Contra Costa County Board of Supervisors Minutes816
21December 19, 2017Contra Costa County Board of Supervisors Minutes817
College Luncheon Event22December 19, 2017Contra Costa County Board of Supervisors Minutes818
23December 19, 2017Contra Costa County Board of Supervisors Minutes819
24December 19, 2017Contra Costa County Board of Supervisors Minutes820
Bear Valley Overnight Ski Trip25December 19, 2017Contra Costa County Board of Supervisors Minutes821
ILSP Senior Kick Off Event26December 19, 2017Contra Costa County Board of Supervisors Minutes822
27December 19, 2017Contra Costa County Board of Supervisors Minutes823
28December 19, 2017Contra Costa County Board of Supervisors Minutes824
29December 19, 2017Contra Costa County Board of Supervisors Minutes825
30December 19, 2017Contra Costa County Board of Supervisors Minutes826
31December 19, 2017Contra Costa County Board of Supervisors Minutes827
•In the current economic climate, ILSP plays an even greater role in the lives of foster youth.•For some emancipated youth, ILSP is the only support they have in times of crisis.•For youth opting to remain in foster care under AB12, ILSP will continue to provide support, direct services and resources.•ILSP addresses the social and well-being aspects of foster youth.32December 19, 2017Contra Costa County Board of Supervisors Minutes828
RECOMMENDATION(S):
ACCEPT the annual report from the Health Services Department on the health services provided to the homeless
population in Contra Costa County through the Health Care for the Homeless Program.
FISCAL IMPACT:
There is no fiscal impact; the report is informational.
BACKGROUND:
On December 3, 1996, the Board of Supervisors referred the topic of Continuum of Care Plan for the Homeless to the
Family and Human Services Committee and since then the Health Services Department has made annual updates to
the Committee on the health care services provided to the County's homeless population through the Health Care for
the Homeless Program. On June 26, 2017, the Committee received a report on the Continuum of Care Plan for the
Homeless including an update on the healthcare services provided to homeless patients, and approved it for Board
approval on July 31, 2017.
CONSEQUENCE OF NEGATIVE ACTION:
The Board will not receive the report as recommended by the Family and Human Services Committee.
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 12/19/2017 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 19, 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:FAMILY & HUMAN SERVICES COMMITTEE
Date:December 19, 2017
Contra
Costa
County
Subject:F&HS Referral No. 5 Health Care for the Homeless Program Report
December 19, 2017 Contra Costa County Board of Supervisors Minutes 829
ATTACHMENTS
Health Care for the Homeless Services
Report
December 19, 2017 Contra Costa County Board of Supervisors Minutes 830
1
CONTRA COSTA HEALTH SERVICES DEPARTMENT
CONTRA COSTA COUNTY
TO: Family and Human Services DATE: July 31, 2017
Committee Members
Board of Supervisors
FROM: Joseph Mega, MPH, MD
Medical Director, Health Care for the Homeless
SUBJECT: Health Care for the Homeless Annual Update
Recommendations
1. Accept this report from the Health Services Department; and
2. Forward this report to the Board of Supervisors for acceptance; and
3. Direct staff to continue to report on an annual basis to the FHS Committee
regarding health status of the homeless population in Contra Costa County by
the Health Care for the Homeless Program.
Background
Since 1990, the Health Care for the Homeless (HCH) Program has provided
health care services to the homeless population in Contra Costa County through
mobile clinics, stationary health centers and the Concord Medical Respite facility.
Health care services provided by the HCH team include routine physical
assessments, basic treatment of primary health problems such as minor wounds
and skin conditions, respiratory problems, TB screening, acute communicable
disease screening, coordination and referrals for follow up treatment of identified
health care needs, dental services, health education, behavioral health services,
medication assisted treatment and outreach and enrollment services. A
significant portion of the homeless patients seen by the HCH team have chronic
diseases, including asthma, hypertension, diabetes, and mental health/substance
abuse issues. They also have disproportionately more dental, substance abuse
and mental health needs than the general population.
The clinical team is comprised of a Medical Director, Family Nurse Practitioners,
Registered Nurses, Community Health Workers, Dentist, Registered Dental
Assistance, Mental Health Specialist, Substance Abuse Counselor, Health
Educator and Eligibility Workers.
Homeless patients who receive care on one of the mobile clinics are referred into
one of the CCHS ambulatory care health centers for primary and specialty care,
December 19, 2017 Contra Costa County Board of Supervisors Minutes 831
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into County mental health and substance abuse services, and to Contra Costa
Regional Medical Center for emergency, inpatient hospital, outpatient surgeries,
laboratory and radiology. There are four ambulatory care clinics, located in
Antioch, San Pablo, Martinez and Concord, designated specifically for homeless
patients to help them transition from the mobile clinic setting into the ambulatory
care system. HCH staff members are present at each of these clinics.
Updates
The HCH Program now includes a Medication Assisted Treatment (MAT)
team, which provides Nurse and Behaviorist Care Management services to
patients seeking recovery from opiate addiction. This program works in
collaboration with the CCHS ambulatory health center system and the CCHS
Alcohol and Other Drugs division of Behavioral Health. MAT patients are
prescribed Buprenorphine, a drug used to treat opioid addiction, enrolled in
regular group classes to support their recovery, and assigned a nurse care
manager to support this process and ensure medication and appointment
compliance. The MAT program has seen significant growth in the last year
through referrals for patients needing these services.
The HCH program also continues to expand our Behavioral Health services as
funding and collaborative opportunities become available. We’ve recently
collaborated with the Behavioral Health division to add a half-time Psychiatrist to
our mobile team. Dr Emily Watters provides psychiatric support to patients with
our Medical Outreach team and at County-run homeless shelters. In addition, we
are currently interviewing to add a Mental Health Case Manager to our team to
provide ongoing support to patients who transition out of an emergency shelter
environment.
The attached report highlights the increasing needs of the aging homeless
population, and the disproportionate behavioral and social needs of our
homeless population.
December 19, 2017 Contra Costa County Board of Supervisors Minutes 832