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HomeMy WebLinkAboutMINUTES - 09252018 -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 September 25, 2018                  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: Public Employees Union, Local 1; AFSCME Locals 512 and 2700; California Nurses Assn.; SEIU Locals 1021 and 2015; District Attorney Investigators’ Assn.; Deputy Sheriffs Assn.; United Prof. Firefighters I.A.F.F., Local 1230; Physicians’ & Dentists’ Org. of Contra Costa; Western Council of Engineers; United Chief Officers Assn.; Contra Costa County Defenders Assn.; Contra Costa County Deputy District Attorneys’ Assn.; Prof. & Tech. Engineers IFPTE, Local 21; and Teamsters Local 856. 2. Agency Negotiators: David Twa. Unrepresented Employees: All unrepresented employees. 9:30 A.M. Call to order and opening ceremonies. Inspirational Thought- "Notice how the trees do not cling to their leaves. Fall is about releasing the old to make way for the new." ~Anonymous Present: John Gioia, District I Supervisor; Candace Andersen, District II Supervisor; Karen Mitchoff, District IV Supervisor Absent: Diane Burgis, District III 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.83 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)   PR.1 PRESENTATION by The Federal Emergency Management Agency recognizing the Contra Costa County    September 25, 2018 BOS Minutes 1 PR.1 PRESENTATION by The Federal Emergency Management Agency recognizing the Contra Costa County Public Works Department for improving from a Class 6 to a Class 5 in the Community Rating System rating. (Gregor Blackburn, FEMA)       Mr. Blackburn was unable to attend the meeting, the presentation was given by Juliette Hayes, FEMA.     AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor Karen Mitchoff Other: District III Supervisor Diane Burgis (ABSENT), District V Supervisor Federal D. Glover (ABSENT) PRESENTATION to recognize September 23-29, 2018 as National Employ Older Workers Week. (Kathy Gallagher, Employment and Human Services Director and Victoria Tolbert, Aging and Adult Bureau Director)     AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor Karen Mitchoff Other: District III Supervisor Diane Burgis (ABSENT), District V Supervisor Federal D. Glover (ABSENT) PRESENTATION to recognize September 30, 2018 as Gold Star Mother's Day. (Supervisor Mitchoff)     AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor Karen Mitchoff Other: District III Supervisor Diane Burgis (ABSENT), District V Supervisor Federal D. Glover (ABSENT) DISCUSSION ITEMS   D. 1 CONSIDER Consent Items previously removed.    There were no items removed for discussion.   D. 2 PUBLIC COMMENT (2 Minutes/Speaker)    Anna Roth, Director of Health Services, introduced Dr. Chris Farnitano as Health Officer for Contra Costa County; Paul Burgarino, Contra Costa Elections Division, said today is National Voter Registration Day. The Clerk-Recorder will be open additional hours beginning October 8 2018 for early voting opportunity. Contra Costa Television will soon begin airing candidate roundtable meetings, which will also be available on YouTube. Residents may now use the Elections Divisions website to verify their voter registration at https://www.contracostacore.us; Peter Masiak, 9 Union Healthcare Coalition, spoke on the request for a temporary fix for the 2019 health care costs to prevent increased cost to employees, and the ability at a later date to bargain as a coalition to seek a permanent workable solution for affordable healthcare. There have now been two sessions as a coalition, with another scheduled for today; Todd Senigar, spoke on concerns in regard to actions being taken in Employment and Human Services' In Home Support Services division after a Notice of Action has been issued, those actions being implemented while an appeal is pending; Scott Huchinson, 9 Union Healthcare Coalition, spoke on premium relief for 2019 and the future, and noted the County came to an agreement with one unit, but not others. He requests the Supervisors assistance in an agreement that provides current and long term premium reductions.   D.3 CONSIDER extending the term of appointment of temporary employee Liliana Rotzscher, Civil Litigation Secretary, in the Office of the County Counsel, through September 30, 2019. (Sharon L. Anderson, County Counsel)        September 25, 2018 BOS Minutes 2   AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor Karen Mitchoff Other: District III Supervisor Diane Burgis (ABSENT), District V Supervisor Federal D. Glover (ABSENT) D.4 CONSIDER adopting Resolution No. 2018/507 approving the ratified agreement between the County of Contra Costa and the Public Employee Union (PEU), Local One, modifying Sections 5.1 - General Wages of the PEU, Local One and PEU, Local One CSB-Site Supervisor Unit MOU to provide a three percent (3%) wage increase effective September 16, 2018 for specified employees; and AUTHORIZE the Chair, Board of Supervisors to sign a letter acknowledging the value of these Units to the County and its residents (David Twa, County Administrator)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor Karen Mitchoff Other: District III Supervisor Diane Burgis (ABSENT), District V Supervisor Federal D. Glover (ABSENT) D.5 CONSIDER amending the County’s 2018 Federal Legislative Platform to include support for the concept of establishing a national price on carbon emissions to address the cost to society of those emissions, as recommended by the Ad Hoc Committee on Sustainability. (Jody London, Conservation and Development Department)       Speakers: the following members of the Citizens' Climate Lobby spoke in favor of the matter: Michael Kent; Emily Hopkins; Cynthia Mahoney; Pam Murray; Elizabeth Lobos; Doug Merrill. CONTINUED to October 9, 2018.   D.6 CONSIDER report on options for short-term rental regulation within unincorporated areas of Contra Costa County and providing general direction on preparation of an ordinance on this matter. (John Kopchik, Conservation and Development Director)       The Board clarified the language for off-street parking should note that the term 'available' is preferred over 'provide'; stated a desire for an exemption for children 12 and under in regard to guest limits per rental property; and requested a more definitive or descriptive use of the word parties as related to special events. The Board ACCEPTED the report; PROVIDED general direction for staff; and DIRECTED staff to submit the draft ordinance, once it is prepared, to the County Planning Commission for review and recommendation to the Board.     AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor Karen Mitchoff Other: District III Supervisor Diane Burgis (ABSENT), District V Supervisor Federal D. Glover (ABSENT) D.7 CONSIDER accepting a report on implementation efforts by the Public Works Department of Senate Bill 1 Road Maintenance and Rehabilitation Account funded projects and possible impacts to the County’s Road Program if Proposition 6 is successful, as recommended by the Public Works Director, Countywide. (Brian M. Balbas, Public Works Department)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor Karen Mitchoff Other: District III Supervisor Diane Burgis (ABSENT), District V Supervisor Federal D. Glover (ABSENT) D.8 HEARING to consider adopting Ordinance Nos. 2018-27 and 2018-28 to regulate vertically integrated cannabis businesses in the unincorporated County and prohibit all commercial cannabis activities in the Knightsen area, as recommended by the Conservation and Development Director. (Ruben Hernandez, Conservation and Development Department)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor Karen Mitchoff Other: District III Supervisor Diane Burgis (ABSENT), District V Supervisor Federal D. Glover (ABSENT) September 25, 2018 BOS Minutes 3 D. 9 CONSIDER reports of Board members.    There were no items reported today.   Closed Session    There were no closed session announcements.   ADJOURN     Adjourned today's meeting in memory of Vicky Silva, retired County employee. Adjourned today's meeting at 1:30 p.m.   CONSENT ITEMS   Road and Transportation   C. 1 ADOPT Traffic Resolution No. 2018/4477 to establish a school zone speed limit of 20 miles per hour for a portion of Kenyon Avenue (Road No. 1655AH), as recommended by the Public Works Director, Kensington area. (No fiscal impact)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor Karen Mitchoff Other: District III Supervisor Diane Burgis (ABSENT), District V Supervisor Federal D. Glover (ABSENT) C. 2 ADOPT Traffic Resolution No. 2018/4478 to establish a school zone speed limit of 20 miles per hour for a portion of Highland Boulevard (Road No. 1655BE), as recommended by the Public Works Director, Kensington area. (No fiscal impact)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor Karen Mitchoff Other: District III Supervisor Diane Burgis (ABSENT), District V Supervisor Federal D. Glover (ABSENT) C. 3 ADOPT Traffic Resolution No. 2018/4479 to establish a school zone speed limit of 20 miles per hour for a portion of Arlmont Drive (Road No. 1655CL), as recommended by the Public Works Director, Kensington area. (No fiscal impact)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor Karen Mitchoff Other: District III Supervisor Diane Burgis (ABSENT), District V Supervisor Federal D. Glover (ABSENT) C. 4 ADOPT Traffic Resolution No. 2018/4480 to establish a school zone speed limit of 20 miles per hour for a portion of Highland Boulevard (Road No. 1655AK), as recommended by the Public Works Director, Kensington. (No fiscal impact)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor Karen Mitchoff Other: District III Supervisor Diane Burgis (ABSENT), District V Supervisor Federal D. Glover (ABSENT) Special Districts & County Airports   C. 5    September 25, 2018 BOS Minutes 4 C. 5 ADOPT Resolution No. 2018/495 declaring October 2018 as Creek and Channel Safety Awareness Month, ACCEPT the status report from the Public Works Department and the Flood Control and Water Conservation District on the Creek and Channel Safety Awareness Program, and DIRECT the Public Works Department and the Flood Control and Water Conservation District to continue with implementation and the annual campaign of a Countywide sustainable Creek and Channel Safety Awareness Program, as recommended by the Chief Engineer, Flood Control and Water Conservation District, Countywide. (100% Flood Control Zone 3B Funds)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor Karen Mitchoff Other: District III Supervisor Diane Burgis (ABSENT), District V Supervisor Federal D. Glover (ABSENT) C. 6 APPROVE and AUTHORIZE the Chief Engineer, Contra Costa County Flood Control and Water Conservation District, or designee, to execute a contract amendment with Fugro USA Land, Inc. (f/k/a Fugro Consultants, Inc.), effective October 1, 2018, to extend the termination date from October 5, 2018 through October 5, 2019, with no change to the payment limit, to provide on-call seismic assessment services, Countywide. (No fiscal impact)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor Karen Mitchoff Other: District III Supervisor Diane Burgis (ABSENT), District V Supervisor Federal D. Glover (ABSENT) C. 7 APPROVE and AUTHORIZE the Director of Airports, or designee, to purchase one used Aircraft Rescue & Firefighting vehicle at a cost not to exceed $400,000 through either a purchase or a lease/purchase agreement with a maximum term of ten years, as recommended by the Aviation Advisory Committee. (100% Airport Enterprise Fund)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor Karen Mitchoff Other: District III Supervisor Diane Burgis (ABSENT), District V Supervisor Federal D. Glover (ABSENT) Claims, Collections & Litigation   C. 8 DENY claims filed by Ronald and Cherin Blanchard, Kyle Davis, Jesse and Tammy Esquivel, and Lenora Minkin. DENY late claim filed by Darcy Mathews and Darcy Maupin.        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor Karen Mitchoff Other: District III Supervisor Diane Burgis (ABSENT), District V Supervisor Federal D. Glover (ABSENT) C. 9 DENY claim for property tax refund filed by Tobias Kahan on behalf of himself and all owners of property in the City of Richmond.        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor Karen Mitchoff Other: District III Supervisor Diane Burgis (ABSENT), District V Supervisor Federal D. Glover (ABSENT) Statutory Actions   C. 10 ACCEPT Board members meeting reports for August 2018.       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor Karen Mitchoff Other: District III Supervisor Diane Burgis (ABSENT), District V Supervisor Federal D. Glover (ABSENT) Honors & Proclamations      September 25, 2018 BOS Minutes 5 C. 11 ADOPT Resolution No. 2018/487 recognizing September 30, 2018 as Gold Star Mother's Day, as recommended by Supervisor Mitchoff.        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor Karen Mitchoff Other: District III Supervisor Diane Burgis (ABSENT), District V Supervisor Federal D. Glover (ABSENT) C. 12 Acting as the Governing Board of the Crockett-Carquinez Fire Protection District, ADOPT Resolution No. 2018/490 recognizing Fire Chief Gerald Clifford Littleton, Jr. on the occasion of his retirement, as recommended by Supervisor Glover.        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor Karen Mitchoff Other: District III Supervisor Diane Burgis (ABSENT), District V Supervisor Federal D. Glover (ABSENT) C. 13 ADOPT Resolution No. 2018/493 to recognize September 23-29, 2018 as National Employ Older Workers Week, as recommended by the Employment and Human Services Director.        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor Karen Mitchoff Other: District III Supervisor Diane Burgis (ABSENT), District V Supervisor Federal D. Glover (ABSENT) Appointments & Resignations   C. 14 REAPPOINT Allan Tobias to the District IV seat on the Emergency Medical Care Committee, as recommended by Supervisor Mitchoff.        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor Karen Mitchoff Other: District III Supervisor Diane Burgis (ABSENT), District V Supervisor Federal D. Glover (ABSENT) C. 15 ACCEPT the resignations of Dr. Charlene Harlan-Ogbeide, DECLARE a vacancy in Local Committee San Pablo Seat on the Advisory Council on Aging, and of Ms. Anna Fehrenbach, DECLARE a vacancy in Local Committee San Ramon Seat, on the Advisory Council on Aging, and DIRECT the Clerk of the Board to post the vacancies as recommended by the Employment and Human Services Department Director.        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor Karen Mitchoff Other: District III Supervisor Diane Burgis (ABSENT), District V Supervisor Federal D. Glover (ABSENT) C. 16 Acting as the Governing Board of the Crockett-Carquinez Fire Protection District, APPOINT Dean Colombo to the position of Crockett-Carquinez Fire Protection District Fire Chief effective September 25, 2018 and take related actions.        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor Karen Mitchoff Other: District III Supervisor Diane Burgis (ABSENT), District V Supervisor Federal D. Glover (ABSENT) Intergovernmental Relations   C. 17 ADOPT Resolution No. 2018/482 establishing an "Oppose" position on Proposition 6 - Repeal of SB1 [2017] elimination of transportation funding, enact higher threshold for future fuel/vehicle taxes, as recommended by the Conservation and Development Director.        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor Karen September 25, 2018 BOS Minutes 6   AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor Karen Mitchoff Other: District III Supervisor Diane Burgis (ABSENT), District V Supervisor Federal D. Glover (ABSENT) C. 18 APPROVE the County-sponsored State legislation proposal, "Seniors/Persons with Disabilities Transportation Funding Program", as recommended by the Transportation, Water, and Infrastructure Committee.        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor Karen Mitchoff Other: District III Supervisor Diane Burgis (ABSENT), District V Supervisor Federal D. Glover (ABSENT) C. 19 ADOPT a position of "Oppose" on S. 3157 (Thune) , STREAMLINE Small Cell Deployment Act, as recommended by the Legislation Committee.        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor Karen Mitchoff Other: District III Supervisor Diane Burgis (ABSENT), District V Supervisor Federal D. Glover (ABSENT) Personnel Actions   C. 20 ADOPT Position Adjustment No. 22338 to reassign Lieutenant (represented) vacant position from Field Operations Bureau to Custody Services Bureau in the Office of the Sheriff. (Cost neutral)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor Karen Mitchoff Other: District III Supervisor Diane Burgis (ABSENT), District V Supervisor Federal D. Glover (ABSENT) C. 21 ADOPT Position Adjustment Resolution No. 22345 to add one permanent Mental Health Community Support Worker II position (represented) in the Health Services Department. (100% Mental Health Services Act Innovation funds)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor Karen Mitchoff Other: District III Supervisor Diane Burgis (ABSENT), District V Supervisor Federal D. Glover (ABSENT) C. 22 ADOPT Position Adjustment Resolution No. 22340 to cancel one Recordable Document Technician (represented) position and one Account Clerk-Experienced Level (represented) position; and add one Clerk-Recorder Services Specialist (represented) position and one Clerk-Specialist level (represented) position. (100% County General Fund)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor Karen Mitchoff Other: District III Supervisor Diane Burgis (ABSENT), District V Supervisor Federal D. Glover (ABSENT) C. 23 Acting as the Governing Board of the Contra Costa County Fire Protection District, ADOPT Resolution No. 2018/506 approving the Side Letter between the District and IAFF, Local 1230 regarding the Staffing for Adequate Fire and Emergency Response (SAFER) Grant, as recommended by the County Administrator.        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor Karen Mitchoff Other: District III Supervisor Diane Burgis (ABSENT), District V Supervisor Federal D. Glover (ABSENT) Grants & Contracts   APPROVE and AUTHORIZE execution of agreements between the County and the following agencies for receipt of September 25, 2018 BOS Minutes 7 APPROVE and AUTHORIZE execution of agreements between the County and the following agencies for receipt of fund and/or services:   C. 24 APPROVE and AUTHORIZE the Agricultural Commissioner, or designee, to execute an agreement with the California Department of Food and Agriculture (CDFA) in an amount not to exceed $336,249 to provide inspection services on behalf of the CDFA at parcel sectional centers, such as the United States Post Office, Federal Express, and United Parcel Service, searching for the presence of unwanted plant pests that may pose a threat to the economic well-being of the State for the period July 1, 2018 through June 30, 2019.        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor Karen Mitchoff Other: District III Supervisor Diane Burgis (ABSENT), District V Supervisor Federal D. Glover (ABSENT) C. 25 APPROVE and AUTHORIZE the Employment and Human Services Director, on behalf of the Workforce Development Board, Small Business Development Center, to apply for and accept grant funding from the Governor's Office of Business and Economic Development in an amount not to exceed $210,000 for the Small Business Technical Assistance Expansion Program for the period October 1, 2018 through September 30, 2019. (100% State, 1:1 County Match).        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor Karen Mitchoff Other: District III Supervisor Diane Burgis (ABSENT), District V Supervisor Federal D. Glover (ABSENT) C. 26 APPROVE and AUTHORIZE the Employment and Human Services Director, or designee, to apply for and accept funding in an amount not to exceed $1,216,374 from California State Department of Social Services CalWORKs Home Visiting Initiative to develop and implement a New Parent Home Visiting program for the period January 1, 2019 through June 30, 2020. (100% State, No County Match)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor Karen Mitchoff Other: District III Supervisor Diane Burgis (ABSENT), District V Supervisor Federal D. Glover (ABSENT) C. 27 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 $4,000 to provide public health clinic services for the Scoliosis Screening Project for 7th and 8th grade students, for the period September 1, 2018 through August 31, 2019. (No County match)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor Karen Mitchoff Other: District III Supervisor Diane Burgis (ABSENT), District V Supervisor Federal D. Glover (ABSENT) C. 28 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with the Mt. Diablo Unified School District, to pay the County an amount not to exceed $5,000 to provide tuberculosis testing services for District employees for the period September 25, 2018 through June 30, 2019. (No County match)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor Karen Mitchoff Other: District III Supervisor Diane Burgis (ABSENT), District V Supervisor Federal D. Glover (ABSENT) C. 29 ADOPT Resolution No. 2018/500 approving and authorizing the Sheriff-Coroner, or designee, to enter into Memorandum of Understandings (MOUs) with the Counties of Lake and Shasta for cost recovery associated with the emergency mutual aid response to the July and August 2018 California Wildfires, Federal Emergency Disaster Funds, FEMA FM-5262 and FM-5259. (100% Federal)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor Karen Mitchoff September 25, 2018 BOS Minutes 8 Other: District III Supervisor Diane Burgis (ABSENT), District V Supervisor Federal D. Glover (ABSENT) APPROVE and AUTHORIZE execution of agreement between the County and the following parties as noted for the purchase of equipment and/or services:   C. 30 APPROVE and AUTHORIZE the Chief Information Officer, or designee, to execute a contract amendment, including modified indemnification language, with Sirius Computer Solutions, Inc., to extend the term from September 30, 2018 through September 30, 2021 with no change in the payment limit of $150,000, to provide continued Integrated Database Management System support services as needed by the Department of Information Technology. (100% User Fees; no additional fiscal impact)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor Karen Mitchoff Other: District III Supervisor Diane Burgis (ABSENT), District V Supervisor Federal D. Glover (ABSENT) C. 31 APPROVE clarification of Board action of June 26, 2018 (C.163), authorizing execution of worksite agreements pertaining to the Contra Costa Works (CCWORKS) program, to change the total fund amount from $857,533 to $960,666. (85% Federal, 15% State)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor Karen Mitchoff Other: District III Supervisor Diane Burgis (ABSENT), District V Supervisor Federal D. Glover (ABSENT) C. 32 APPROVE clarification of Board action of June 26, 2018 (C.165), authorizing reimbursement of employers participating in the Contra Costa Works (CCWORKS) program, to change the total fund amount from $960,666 to $857,533. (96% Federal, 4% State)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor Karen Mitchoff Other: District III Supervisor Diane Burgis (ABSENT), District V Supervisor Federal D. Glover (ABSENT) C. 33 APPROVE and AUTHORIZE the Public Works Director, or designee, to execute a contract with Harley Ellis and Devereaux Corporation in an amount not to exceed $750,000 to provide on-call architectural services for various facilities projects for the period September 25, 2018 through September 25, 2021 Countywide. (100% various funds).        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor Karen Mitchoff Other: District III Supervisor Diane Burgis (ABSENT), District V Supervisor Federal D. Glover (ABSENT) C. 34 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with UHS Surgical Services, Inc., in an amount not to exceed $200,000 to provide medical lasers, equipment and certified technicians to operate lasers in the Surgical Unit at Contra Costa Regional Medical Center and Contra Costa Health Centers for the period September 1, 2018 through August 31, 2020. (100% Hospital Enterprise Fund I)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor Karen Mitchoff Other: District III Supervisor Diane Burgis (ABSENT), District V Supervisor Federal D. Glover (ABSENT) C. 35 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Alicia Menezes, M.D., Inc., in an amount not to exceed $640,000 to provide ophthalmology services to Contra Costa Regional Medical Center and Health Center patients for the period September 1, 2018 through August 31, 2020. (100% Hospital Enterprise Fund I)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor Karen Mitchoff Other: District III Supervisor Diane Burgis (ABSENT), District V Supervisor Federal D. Glover (ABSENT) September 25, 2018 BOS Minutes 9 C. 36 APPROVE and AUTHORIZE the Sheriff-Coroner, or designee, to execute a contract with Arnold R. Josselson M.D., in an amount not to exceed $500,000 for the provision of forensic pathology services for the period of October 1, 2018 through September 30, 2020. (100% General Fund)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor Karen Mitchoff Other: District III Supervisor Diane Burgis (ABSENT), District V Supervisor Federal D. Glover (ABSENT) C. 37 APPROVE and AUTHORIZE the Sheriff-Coroner, or designee, to execute a contract with Ikechi Ogan M.D., in an amount not to exceed $500,000 for the provision of forensic pathology services for the term of October 1, 2018 through September 30, 2020. (100% General Fund)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor Karen Mitchoff Other: District III Supervisor Diane Burgis (ABSENT), District V Supervisor Federal D. Glover (ABSENT) C. 38 APPROVE and AUTHORIZE the Sheriff-Coroner, or designee, to execute a contract with Mark A. Super M.D., in an amount not to exceed $500,000 for the provision of forensic pathology services for the term of October 1, 2018 through September 30, 2020. (100% General Fund)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor Karen Mitchoff Other: District III Supervisor Diane Burgis (ABSENT), District V Supervisor Federal D. Glover (ABSENT) C. 39 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Quanmei Deng, M.D., in an amount not to exceed $241,000 to provide anesthesiology services to Contra Costa Regional Medical Center and Health Center patients for the period November 1, 2018 through October 31, 2019. (100% Hospital Enterprise Fund I)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor Karen Mitchoff Other: District III Supervisor Diane Burgis (ABSENT), District V Supervisor Federal D. Glover (ABSENT) C. 40 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a novation contract with Portia Bell Hume Behavioral Health and Training Center, Inc., in an amount not to exceed $1,469,936 to provide mental health services including case management and crisis intervention to adults diagnosed with severe and persistent mental illness in West Contra Costa County for the period from July 1, 2018 through June 30, 2019, which includes a six-month automatic extension through December 31, 2019 in an amount not to exceed $734,968. (50% Federal Medi-Cal; 50% Mental Health Realignment)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor Karen Mitchoff Other: District III Supervisor Diane Burgis (ABSENT), District V Supervisor Federal D. Glover (ABSENT) C. 41 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract amendment effective September 1, 2018 with Goals for Autism, Inc., to include evening and weekend applied behavioral analysis services and home care training for Contra Costa Health Plan members, with no change in the original payment limit of $400,000 or term of October 1, 2017 through September 30, 2019. (100% Contra Costa Health Plan Enterprise Fund II)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor Karen Mitchoff Other: District III Supervisor Diane Burgis (ABSENT), District V Supervisor Federal D. Glover (ABSENT) C. 42 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract amendment    September 25, 2018 BOS Minutes 10 C. 42 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract amendment effective September 1, 2018 with Encompass Consulting, Inc., to include evening and weekend applied behavioral analysis services and home care training for Contra Costa Health Plan members, with no change in the payment limit of $140,000 for the period October 1, 2017 through September 30, 2019. (100% Contra Costa Health Plan Enterprise Fund II)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor Karen Mitchoff Other: District III Supervisor Diane Burgis (ABSENT), District V Supervisor Federal D. Glover (ABSENT) C. 43 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Aaron K. Hayashi, M.D., Inc., in an amount not to exceed $1,835,000 to provide radiology physician services for Contra Costa Regional Medical Center and Health Centers for the period October 1, 2018 through September 30, 2021. (100% Hospital Enterprise Fund I)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor Karen Mitchoff Other: District III Supervisor Diane Burgis (ABSENT), District V Supervisor Federal D. Glover (ABSENT) C. 44 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Amal Munajed, M.D., in an amount not to exceed $270,000 to provide anesthesiology services to Contra Costa Regional Medical Center and Health Center patients for the period September 1, 2018 through August 31, 2019. (100% Hospital Enterprise Fund I)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor Karen Mitchoff Other: District III Supervisor Diane Burgis (ABSENT), District V Supervisor Federal D. Glover (ABSENT) C. 45 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a novation contract containing modified indemnification language with Young Men’s Christian Association of the East Bay in an amount not to exceed $785,710 to provide on-site school-based mental health services to seriously emotionally disturbed youth for the period July 1, 2018 through June 30, 2019, with a six-month automatic extension through December 31, 2019 in an amount not to exceed $392,855. (47% Federal Medi-Cal; 47% Mental Health Realignment; 6% Non Medi-Cal Mental Health Realignment)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor Karen Mitchoff Other: District III Supervisor Diane Burgis (ABSENT), District V Supervisor Federal D. Glover (ABSENT) C. 46 APPROVE and AUTHORIZE the Conservation and Development Director, or designee, to execute an Interagency Agreement with the City of Richmond in an amount not to exceed $200,000 to provide for the City share of joint City-County staffing responsibilities in support of the North Richmond Waste & Recovery Mitigation Fee Joint Expenditure Planning Committee and the implementation of services and programs authorized in the City/County-approved expenditure plans for the period October 1, 2018 through September 30, 2020. (100% North Richmond Waste & Recovery Mitigation Fees)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor Karen Mitchoff Other: District III Supervisor Diane Burgis (ABSENT), District V Supervisor Federal D. Glover (ABSENT) C. 47 APPROVE and AUTHORIZE the Employment and Human Services Director, or designee, to execute a contract amendment with Community Violence Solutions, a non-profit corporation, to increase the payment limit by $30,285 from $144,024 to a new payment limit of $174,309, and to extend the term from September 30, 2018 to a new term ending March 31, 2019, for the provision of services to victims of human trafficking in Contra Costa County for the period of April 1, 2018 through March 31, 2019. (100% Federal, No County Match)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor Karen Mitchoff September 25, 2018 BOS Minutes 11 Other: District III Supervisor Diane Burgis (ABSENT), District V Supervisor Federal D. Glover (ABSENT) C. 48 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract amendment effective September 1, 2018 with Xingbo P. Sun, M.D., to increase the payment limit by $14,000 to a new payment limit of $234,000 to provide additional podiatry services at Contra Costa Regional Medical Center and Health Centers, for the period October 1, 2017 through September 30, 2018. (100% Hospital Enterprise Fund I)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor Karen Mitchoff Other: District III Supervisor Diane Burgis (ABSENT), District V Supervisor Federal D. Glover (ABSENT) C. 49 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract amendment effective December 1, 2018 with John R. Rostkowski, M.D., to increase the payment limit by $34,944 to a new payment limit of $174,720 for additional outpatient psychiatric care services to adults in Central County for the period October 1, 2018 through September 30, 2019. (100% Mental Health Realignment)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor Karen Mitchoff Other: District III Supervisor Diane Burgis (ABSENT), District V Supervisor Federal D. Glover (ABSENT) C. 50 APPROVE and AUTHORIZE the Public Works Director, or designee, to execute a contract amendment with Protiviti Government Services, Inc., to increase the payment limit by $200,000 to a new payment limit of $555,000 and extend the termination date from March 20, 2019 to September 20, 2019, for temporary placement of a computer programmer to work on applications for asset management, Countywide. (100% Various Special Revenue Funds)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor Karen Mitchoff Other: District III Supervisor Diane Burgis (ABSENT), District V Supervisor Federal D. Glover (ABSENT) C. 51 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Joel B. Beck, M.D., Inc. (dba Bay Area Aesthetic Surgery), in an amount not to exceed $1,000,000 to provide gender reassignment surgery services for Contra Costa Health Plan members and County recipients for the period October 1, 2018 through September 30, 2020. (100% Contra Costa Health Plan Enterprise Fund II)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor Karen Mitchoff Other: District III Supervisor Diane Burgis (ABSENT), District V Supervisor Federal D. Glover (ABSENT) C. 52 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with A.K. Bhattacharyya, M.D., Inc., in an amount not to exceed $270,000 to provide neurology surgery services to Contra Costa Health Plan members for the period October 1, 2018 through September 30, 2020. (100% Contra Costa Health Plan Enterprise Fund II)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor Karen Mitchoff Other: District III Supervisor Diane Burgis (ABSENT), District V Supervisor Federal D. Glover (ABSENT) C. 53 APPROVE and AUTHORIZE the County Administrator, or designee, to execute a contract amendment with International Business Machines Corporation, to extend the term through September 30, 2019 with no change to the original payment limit of $154,400, to complete the replacement of the Department of Information Technology's current billing application with IBM's Usage and Accounting Collector mainframe application. (100% User Fees)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor Karen Mitchoff Other: District III Supervisor Diane Burgis (ABSENT), District V Supervisor Federal D. Glover (ABSENT) C. 54 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Brighter    September 25, 2018 BOS Minutes 12 C. 54 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Brighter Beginnings, Inc., in an amount not to exceed $500,000 to provide primary care physician services to Contra Costa Health Plan members for the period October 1, 2018 through September 30, 2020. (100% Contra Costa Health Plan Enterprise Fund II)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor Karen Mitchoff Other: District III Supervisor Diane Burgis (ABSENT), District V Supervisor Federal D. Glover (ABSENT) C. 55 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Patrick Dixon, Ph.D., MFT, in an amount not to exceed $140,000 to provide outpatient psychotherapy services for Contra Costa Health Plan members for the period October 1, 2018 through September 30, 2020. (100% Contra Costa Enterprise Fund II)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor Karen Mitchoff Other: District III Supervisor Diane Burgis (ABSENT), District V Supervisor Federal D. Glover (ABSENT) C. 56 APPROVE and AUTHORIZE the Health Services Director or designee, to execute a contract with the Contra Costa Regional Health Foundation in an amount not to exceed $125,004 to provide professional consultation services to the Health Services Director with regard to the Contra Costa Regional Medical and Health Centers, for the period October 1, 2018 through September 30, 2019. (100% Hospital Enterprise Fund I)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor Karen Mitchoff Other: District III Supervisor Diane Burgis (ABSENT), District V Supervisor Federal D. Glover (ABSENT) C. 57 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with First Choice Anesthesia Consultants of Northern California, PC, in an amount not to exceed $200,000 to provide anesthesia services for Contra Costa Health Plan members and County recipients for the period October 1, 2018 through September 30, 2020. (100% Contra Costa Health Plan Enterprise Fund II)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor Karen Mitchoff Other: District III Supervisor Diane Burgis (ABSENT), District V Supervisor Federal D. Glover (ABSENT) C. 58 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Bi-Bett Corporation in an amount not to exceed $177,025 to provide transitional housing services for homeless adult males who have completed substance use treatment, for the period July 1, 2018 through June 30, 2019. (100% State Assembly Bill 109)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor Karen Mitchoff Other: District III Supervisor Diane Burgis (ABSENT), District V Supervisor Federal D. Glover (ABSENT) C. 59 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with the R.E.A.C.H. Project in an amount not to exceed $113,705 to provide substance use disorder prevention treatment services to Medi-Cal eligible county residents, for the period July 1, 2018 through June 30, 2019. (54% CalWORKS Alcohol and Other Drugs Services; 46% CalWORKs Mental Health)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor Karen Mitchoff Other: District III Supervisor Diane Burgis (ABSENT), District V Supervisor Federal D. Glover (ABSENT) C. 60 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with J Cole    September 25, 2018 BOS Minutes 13 C. 60 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with J Cole Recovery Homes, Inc., in an amount not to exceed $771,502 to provide residential substance abuse use disorder treatment services for male offenders in East Contra Costa County for the period July 1, 2018 through June 30, 2019. (26% Federal Drug Medi-Cal; 26% State General Fund; 34% Assembly Bill 109; 14% Drug Medi-Cal Local Revenue Fund)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor Karen Mitchoff Other: District III Supervisor Diane Burgis (ABSENT), District V Supervisor Federal D. Glover (ABSENT) C. 61 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Bay Area Community Resources, Inc., in an amount not to exceed $726,345 to provide substance abuse prevention and treatment services in West Contra Costa County for the period July 1, 2018 through June 30, 2019. (25% Federal Drug Medi-Cal; 25% Drug Medi-Cal Realignment; 4% Assembly Bill 109; 46% Substance Abuse Prevention and Treatment)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor Karen Mitchoff Other: District III Supervisor Diane Burgis (ABSENT), District V Supervisor Federal D. Glover (ABSENT) C. 62 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract amendment with R.E.A.C.H. Project, effective September 1, 2018, to decrease the payment limit by $113,602 to a new payment limit of $1,248,818 to remove duplicative drug abuse prevention and treatment services to youth and adults in East County from the service plan, with no change in the original term of July 1, 2018 through June 30, 2019. (36% Substance Abuse Prevention and Treatment Block Grant; 58% Drug Medi-Cal Realignment; 5% Probation Department; 1% CalWORKS)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor Karen Mitchoff Other: District III Supervisor Diane Burgis (ABSENT), District V Supervisor Federal D. Glover (ABSENT) C. 63 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Anka Behavioral Health, Inc., in an amount not to exceed $663,561 to provide outpatient Medi-Cal drug treatment services for adults with co-occurring substance abuse and mental disorders for the period July 1, 2018 through June 30, 2019. (40% Federal Drug Medi-Cal; 40% State Drug Medi-Cal; 14% State Assembly Bill 109; 6% Substance Abuse Prevention and Treatment Block Grant)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor Karen Mitchoff Other: District III Supervisor Diane Burgis (ABSENT), District V Supervisor Federal D. Glover (ABSENT) C. 64 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Ujima Family Recovery Services in an amount not to exceed $4,373,890 to provide residential and outpatient treatment services for pregnant and parenting women and their small children for the period July 1, 2018 through June 30, 2019. (42% Federal Drug Medi-Cal; 42% Drug Medi-Cal Local Revenue Fund and State Grant Fund; 14% Substance Abuse Prevention and Treatment Perinatal Set-Aside; 2% Substance Abuse Prevention and Treatment Block Grant)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor Karen Mitchoff Other: District III Supervisor Diane Burgis (ABSENT), District V Supervisor Federal D. Glover (ABSENT) C. 65 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Psynergy Programs, Inc., in an amount not to exceed $312,381 to provide residential and mental health services to adults diagnosed with serious mental illness and serious persistent mental illness, for the period September 1, 2018 through June 30, 2019. (24% Federal Medi-Cal; 76% Mental Health Services Act)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor Karen Mitchoff September 25, 2018 BOS Minutes 14 Other: District III Supervisor Diane Burgis (ABSENT), District V Supervisor Federal D. Glover (ABSENT) C. 66 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract amendment with Dominic Ciotola (dba CPR Training Center), effective July 1, 2018, to provide additional training services with no change in the payment limit of $282,000 for the period July 1, 2018 through June 30, 2021. (100% Hospital Enterprise Fund I)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor Karen Mitchoff Other: District III Supervisor Diane Burgis (ABSENT), District V Supervisor Federal D. Glover (ABSENT) C. 67 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract containing modified indemnification language with TRC Solutions, Inc., in an amount not to exceed $75,000 to conduct an assessment of potentially hazardous waste in the Keller Canyon Landfill, for the period October 1, 2018 through September 30, 2019. (100% Keller Canyon Mitigation funds)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor Karen Mitchoff Other: District III Supervisor Diane Burgis (ABSENT), District V Supervisor Federal D. Glover (ABSENT) Other Actions   C. 68 APPROVE Substantial Amendment to the County's FY 2018/19 Community Development Block Grant Program Action Plan, amending the scope-of-work to include an additional improvement to a pump station located within the Hotchkiss Tract in Oakley, CA 94561, as recommended by the Conservation and Development Director. (100% Federal funds)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor Karen Mitchoff Other: District III Supervisor Diane Burgis (ABSENT), District V Supervisor Federal D. Glover (ABSENT) C. 69 CONTINUE the emergency action originally taken by the Board of Supervisors on November 16, 1999, and most recently approved by the Board on September 11, 2018, regarding the issue of homelessness in Contra Costa County, as recommended by the Health Services Director. (No fiscal impact)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor Karen Mitchoff Other: District III Supervisor Diane Burgis (ABSENT), District V Supervisor Federal D. Glover (ABSENT) C. 70 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract containing mutual indemnification language with La Clinica de La Raza, Inc., to provide transfer and coordination of care services for patients requiring emergency medical care at Contra Costa Regional Medical for the period March 1, 2018 through February 29, 2020. (Non-financial agreement)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor Karen Mitchoff Other: District III Supervisor Diane Burgis (ABSENT), District V Supervisor Federal D. Glover (ABSENT) C. 71 DECLARE as surplus and AUTHORIZE the Purchasing Agent, or designee, to dispose of fully depreciated vehicles and equipment no longer needed for public use as recommended by the Public Works Director, Countywide. (No fiscal impact.)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor Karen Mitchoff Other: District III Supervisor Diane Burgis (ABSENT), District V Supervisor Federal D. Glover (ABSENT) C. 72 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract amendment    September 25, 2018 BOS Minutes 15 C. 72 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract amendment effective September 1, 2018 with The Regents of the University of California, San Francisco, to extend the term through August 31, 2020 for additional collection of palliative care services at Contra Costa Regional Medical Center. (Non-financial agreement)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor Karen Mitchoff Other: District III Supervisor Diane Burgis (ABSENT), District V Supervisor Federal D. Glover (ABSENT) C. 73 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract amendment effective September 1, 2018 with The Regents of the University of California, San Francisco, to extend the term through August 31, 2022 for continuing transfer of patients and records from Contra Costa Regional Medical Center and Contra Costa Health Centers to University of California San Francisco and Benioff Children’s Hospital. (Non-financial agreement)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor Karen Mitchoff Other: District III Supervisor Diane Burgis (ABSENT), District V Supervisor Federal D. Glover (ABSENT) C. 74 APPROVE amended Conflict of Interest Code for the Lafayette School District, including the list of designated positions as recommended by County Counsel.        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor Karen Mitchoff Other: District III Supervisor Diane Burgis (ABSENT), District V Supervisor Federal D. Glover (ABSENT) C. 75 APPROVE the March 2018 amended Conflict of Interest Code for the Acalanes Union High School District, including the list of designated positions as recommended by County Counsel.        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor Karen Mitchoff Other: District III Supervisor Diane Burgis (ABSENT), District V Supervisor Federal D. Glover (ABSENT) C. 76 APPROVE the August 2018 amended Conflict of Interest Code for the Acalanes Union High School District, including the list of designated positions as recommended by County Counsel.      C. 77 ADOPT Resolution No. 2018/492 as approved by the Retirement Board, which establishes retirement plan contribution rates effective July 1, 2019 through June 30, 2020, as recommended by the County Administrator.        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor Karen Mitchoff Other: District III Supervisor Diane Burgis (ABSENT), District V Supervisor Federal D. Glover (ABSENT) C. 78 REFER to the Internal Operations Committee review of the fees paid by residential housing developers in-lieu of providing the affordable units required by the Inclusionary Housing Ordinance, as recommended by the Conservation and Development Director.        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor Karen Mitchoff Other: District III Supervisor Diane Burgis (ABSENT), District V Supervisor Federal D. Glover (ABSENT) C. 79 ADOPT Resolution No. 2018/503 authorizing the issuance and sale of "Pittsburg Unified School District, General Obligation Bonds, Election of 2014, Series C (2018)" in an amount not to exceed $20,000,000 by Pittsburg Unified School District on its own behalf pursuant to Sections 15140 and 15146 of the Education Code, as permitted by Section 53508.7(c) of the Government Code, as recommended by the County Administrator. (No County fiscal impact)        September 25, 2018 BOS Minutes 16   AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor Karen Mitchoff Other: District III Supervisor Diane Burgis (ABSENT), District V Supervisor Federal D. Glover (ABSENT) C. 80 SUPPORT the Contra Costa County CalWORKs Home Visiting Initiative County proposal and AUTHORIZE the Chair, Board of Supervisors, to sign a Letter of Support for the CalWORKs Home Visiting Initiative County proposal, as recommended by the Director of Employment and Human Services.        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor Karen Mitchoff Other: District III Supervisor Diane Burgis (ABSENT), District V Supervisor Federal D. Glover (ABSENT) C. 81 APPROVE and AUTHORIZE the Board Chair to execute a Grant Deed of Development Rights between Contra Costa County and Dennis C. Blodgett, Trustee of The Peter Ostrosky Trust, on a portion of Parcel A of Minor Subdivision 54-84, Sugarloaf Drive, Alamo area, and related actions under the California Environmental Quality Act, as recommended by the Conservation and Development Director. (100% Applicant Fees)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor Karen Mitchoff Other: District III Supervisor Diane Burgis (ABSENT), District V Supervisor Federal D. Glover (ABSENT) C. 82 ACCEPT the canvass of votes for the August 28, 2018 Special Election showing that the measure for Police Services in County Service Area P-6, Zone 1203, Supervisorial District 4 - Unincorporated Area of Concord passed, as recommended by the Clerk-Recorder. (No fiscal impact)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor Karen Mitchoff Other: District III Supervisor Diane Burgis (ABSENT), District V Supervisor Federal D. Glover (ABSENT) C. 83 APPROVE and AUTHORIZE submission of the FY 2017/18 Consolidated Annual Performance and Evaluation Report to the U.S. Department of Housing and Urban Development for specific federal programs, as recommended by the Conservation and Development Director. (No fiscal impact)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District IV Supervisor Karen Mitchoff Other: District III Supervisor Diane Burgis (ABSENT), District V Supervisor Federal D. Glover (ABSENT)   GENERAL INFORMATION The Board meets in all its capacities pursuant to Ordinance Code Section 24-2.402, including as the Housing Authority and the Successor Agency to the Redevelopment Agency. Persons who wish to address the Board should complete the form provided for that purpose and furnish a copy of any written statement to the Clerk. Any disclosable public records related to an open session item on a regular meeting agenda and distributed by the Clerk of the Board to a majority of the members of the Board of Supervisors less than 72 hours prior to that meeting are available for public inspection at 651 Pine Street, First Floor, Room 106, Martinez, CA 94553, during normal business hours. All matters listed under CONSENT ITEMS are considered by the Board to be routine and will be enacted by one motion. There will be no separate discussion of these items unless requested by a member of the Board or a member of the public prior to the time the Board votes on the motion to adopt. Persons who wish to speak on matters set for PUBLIC HEARINGS will be heard when the Chair calls for comments from those persons who are in support thereof or in opposition thereto. After persons have spoken, the hearing is closed and the matter is subject to discussion and action by the Board. Comments on matters listed on the agenda or otherwise within the purview of the Board of Supervisors can be submitted to the office of the Clerk of the Board via mail: Board of Supervisors, 651 Pine Street Room 106, Martinez, CA 94553; by fax: 925-335-1913. The County will provide reasonable accommodations for persons with disabilities planning to attend Board meetings who contact September 25, 2018 BOS Minutes 17 the Clerk of the Board at least 24 hours before the meeting, at (925) 335-1900; TDD (925) 335-1915. An assistive listening device is available from the Clerk, Room 106. Copies of recordings of all or portions of a Board meeting may be purchased from the Clerk of the Board. Please telephone the Office of the Clerk of the Board, (925) 335-1900, to make the necessary arrangements. Forms are available to anyone desiring to submit an inspirational thought nomination for inclusion on the Board Agenda. Forms may be obtained at the Office of the County Administrator or Office of the Clerk of the Board, 651 Pine Street, Martinez, California. Applications for personal subscriptions to the weekly Board Agenda may be obtained by calling the Office of the Clerk of the Board, (925) 335-1900. The weekly agenda may also be viewed on the County’s Internet Web Page: www.co.contra-costa.ca.us STANDING COMMITTEES The Airport Committee (Supervisors Diane Burgis and Karen Mitchoff) meets on the second Wednesday of the month at 11:00 a.m. at Director of Airports Office, 550 Sally Ride Drive, Concord. The Family and Human Services Committee (Supervisors Candace Andersen and John Gioia) 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 Candace Andersen and Federal D. Glover) 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 Diane Burgis and Candace Andersen) 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 Karen Mitchoff and Diane Burgis) 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 John Gioia and Federal D. Glover) 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 Karen Mitchoff and Candace Andersen) meets on the second Monday of the month at 9:00 a.m. in Room 101, County Administration Building, 651 Pine Street, Martinez. Airports Committee December 12, 2018 11:00 a.m.See above Family & Human Services Committee October 22, 2018 10:30 a.m.See above Finance Committee October 22, 2018 9:00 a.m.See above Hiring Outreach Oversight Committee October 1, 2018 1:00 p.m.See above Internal Operations Committee October 8, 2018 1:00 p.m. See above Legislation Committee October 8, 2018 10:30 a.m. See above Public Protection Committee October 1, 2018 10:30 a.m. See above Transportation, Water & Infrastructure Committee October 8, 2018 9:00 a.m. See above September 25, 2018 BOS Minutes 18 PERSONS WHO WISH TO ADDRESS THE BOARD DURING PUBLIC COMMENT OR WITH RESPECT TO AN ITEM THAT IS ON THE AGENDA, MAY BE LIMITED TO TWO (2) MINUTES A LUNCH BREAK MAY BE CALLED AT THE DISCRETION OF THE BOARD CHAIR AGENDA DEADLINE: Thursday, 12 noon, 12 days before the Tuesday Board meetings. Glossary of Acronyms, Abbreviations, and other Terms (in alphabetical order): Contra Costa County has a policy of making limited use of acronyms, abbreviations, and industry-specific language in its Board of Supervisors meetings and written materials. Following is a list of commonly used language that may appear in oral presentations and written materials associated with Board meetings: AB Assembly Bill ABAG Association of Bay Area Governments ACA Assembly Constitutional Amendment ADA Americans with Disabilities Act of 1990 AFSCME American Federation of State County and Municipal Employees AICP American Institute of Certified Planners AIDS Acquired Immunodeficiency Syndrome ALUC Airport Land Use Commission AOD Alcohol and Other Drugs ARRA American Recovery & Reinvestment Act of 2009 BAAQMD Bay Area Air Quality Management District BART Bay Area Rapid Transit District BayRICS Bay Area Regional Interoperable Communications System BCDC Bay Conservation & Development Commission BGO Better Government Ordinance BOS Board of Supervisors CALTRANS California Department of Transportation CalWIN California Works Information Network CalWORKS California Work Opportunity and Responsibility to Kids CAER Community Awareness Emergency Response CAO County Administrative Officer or Office CCCPFD (ConFire) Contra Costa County Fire Protection District CCHP Contra Costa Health Plan CCTA Contra Costa Transportation Authority CCRMC Contra Costa Regional Medical Center CCWD Contra Costa Water District CDBG Community Development Block Grant CFDA Catalog of Federal Domestic Assistance CEQA California Environmental Quality Act CIO Chief Information Officer COLA Cost of living adjustment ConFire (CCCFPD) Contra Costa County Fire Protection District CPA Certified Public Accountant CPI Consumer Price Index CSA County Service Area 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 September 25, 2018 BOS Minutes 19 EMCC Emergency Medical Care Committee EMS Emergency Medical Services EPSDT Early State Periodic Screening, Diagnosis and Treatment Program (Mental Health) et al. et alii (and others) FAA Federal Aviation Administration FEMA Federal Emergency Management Agency F&HS Family and Human Services Committee First 5 First Five Children and Families Commission (Proposition 10) FTE Full Time Equivalent FY Fiscal Year GHAD Geologic Hazard Abatement District GIS Geographic Information System HCD (State Dept of) Housing & Community Development HHS (State Dept of ) Health and Human Services HIPAA Health Insurance Portability and Accountability Act HIV Human Immunodeficiency Syndrome HOV High Occupancy Vehicle HR Human Resources HUD United States Department of Housing and Urban Development IHSS In-Home Supportive Services Inc. Incorporated IOC Internal Operations Committee ISO Industrial Safety Ordinance JPA Joint (exercise of) Powers Authority or Agreement Lamorinda Lafayette-Moraga-Orinda Area LAFCo Local Agency Formation Commission LLC Limited Liability Company LLP Limited Liability Partnership Local 1 Public Employees Union Local 1 LVN Licensed Vocational Nurse MAC Municipal Advisory Council MBE Minority Business Enterprise M.D. Medical Doctor M.F.T. Marriage and Family Therapist MIS Management Information System MOE Maintenance of Effort MOU Memorandum of Understanding MTC Metropolitan Transportation Commission NACo National Association of Counties NEPA National Environmental Policy Act OB-GYN Obstetrics and Gynecology O.D. Doctor of Optometry OES-EOC Office of Emergency Services-Emergency Operations Center OPEB Other Post Employment Benefits OSHA Occupational Safety and Health Administration PARS Public Agencies Retirement Services PEPRA Public Employees Pension Reform Act 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) September 25, 2018 BOS Minutes 20 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 September 25, 2018 BOS Minutes 21 RECOMMENDATION(S): PRESENTATION from the Federal Emergency Management Agency (FEMA) to Contra Costa County Public Works for improving our Community Rating System (CRS) rating to Class 5. FISCAL IMPACT: No fiscal impact. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 09/25/2018 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Karen Mitchoff, District IV Supervisor ABSENT:Diane Burgis, District III Supervisor Federal D. Glover, District V Supervisor Contact: Steve Padilla, 925-313-2115 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: September 25, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stephanie Mello, Deputy cc: PR.1 To:Board of Supervisors From:Brian M. Balbas, Public Works Director/Chief Engineer Date:September 25, 2018 Contra Costa County Subject:Federal Emergency Management Agency recognizing Contra Costa County Public Works for moving from a Class 6 to a Class 5 in the Community Rating System September 25, 2018 BOS Minutes 22 BACKGROUND: The County participates in the National Flood Insurance Program (NFIP), managed by the Federal Emergency Management Agency (FEMA), which provides federally backed flood insurance within our community of unincorporated County. Under this program we adopted and enforce our floodplain management ordinance to regulate development in flood hazard areas to minimize flood damage to future development. The Community Rating System (CRS) is a voluntary program for NFIP participating communities. The goals of the CRS are to reduce flood damages to insurable property, strengthen and support the insurance aspects of the NFIP, and encourage a comprehensive approach to floodplain management. The CRS has been developed to provide incentives in the form of premium discounts for communities to go beyond the minimum floodplain management requirements to develop extra measures to provide protection from flooding. The Department of Homeland Security, Federal Emergency Management Agency determined that Contra Costa County has improved to a Class 5 in the National Flood Insurance Program Community Rating System. This improvement in our CRS rating from a Class 6 to a Class 5 is the result of the floodplain management measures that we have implemented which exceed the minimum national standards. These measures include activities in four main categories: Public Information, Mapping and Regulation, Flood Damage Reduction, and Flood Preparedness. The efforts include not just building related regulations but having policies on land use in our General Plan, zoning ordinances, and Local Hazard Mitigation Plan that addresses flooding. With this improved rating the flood insurance premiums for Contra Costa County’s residents and businesses qualify for a 25 percent discount for NFIP policies issued or renewed in the Special Flood Hazard Areas effective May 1, 2018. Contra Costa County is now one of only 9 communities in California with a Class 5 or better rating among over 100 participating communities. CLERK'S ADDENDUM Mr. Blackburn was unable to attend the meeting, the presentation was given by Juliette Hayes, FEMA. September 25, 2018 BOS Minutes 23 RECOMMENDATION(S): 1. FIND that the appointment of Liliana Rotzscher is necessary to fill a critically needed position; and 2. APPROVE and AUTHORIZE the temporary employment of Ms. Rotzscher, retired Civil Litigation Secretary, for the period October 1, 2018 through September 30, 2019. FISCAL IMPACT: If the request is granted, salary and related payroll costs will be no more than $25,000 based on no more than 960 hours. Salary costs will be absorbed in the department's operating budget. BACKGROUND: This department has recently experienced several clerical departures and intradepartmental promotions, which have left us with a series of clerical vacancies. We are also initiating a project to reduce the number of paper documents we store to facilitate our move to the new County administration building. The work of the County Counsel’s Office is confidential and highly specialized. Much of the work we do is deadline-driven, either by the needs of our client departments or the courts. We require temporary APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 09/25/2018 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Karen Mitchoff, District IV Supervisor ABSENT:Diane Burgis, District III 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: September 25, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: D.3 To:Board of Supervisors From:Sharon L. Anderson, County Counsel Date:September 25, 2018 Contra Costa County Subject:Temporary Employment for County Retiree Liliana Rotzscher September 25, 2018 BOS Minutes 24 BACKGROUND: (CONT'D) clerical services from someone who is familiar with our operation to help new staff members transition into their positions and backfill for members of our permanent clerical staff who will become increasingly involved in the review, retention and/or destruction of decades of legal records. Because our clerical staff is small, we have an ongoing need for someone to cover for clerical staff members who are on vacation, out sick and on extended leaves of absence. Ms. Rotzscher retired from the Office of the County Counsel in July 2012. During the tenure with the County Ms. Rotzscher has supported both the General Law and the Tort and Civil Rights Litigation Divisions. Her familiarity with state and federal courts, the County Counsel’s legal practice, and our TABS timekeeping process makes this temporary employment the most efficient and cost effective way of meeting the department’s immediate, short term needs. It is requested that Ms. Rotzscher be permitted to work up to 960 hours between October 1, 2018 through September 30, 2019. CONSEQUENCE OF NEGATIVE ACTION: Disapproval of this request will deprive the Department of needed expertise in the critical and time sensitive duties this office is called upon to perform. September 25, 2018 BOS Minutes 25 RECOMMENDATION(S): ADOPT Resolution No. 2018/507 approving the ratified agreement between the County of Contra Costa and the Public Employee Union (PEU), Local One, modifying Sections 5.1 - General Wages of the PEU, Local One and PEU, Local One CSB-Site Supervisor Unit Memoranda of Understanding to provide a three percent (3%) wage increase effective September 16, 2018 for specified employees; and AUTHORIZE the Chair, Board of Supervisors, to sign a letter of support for the CSB and CSB Site Supervisors Units' acknowledging their value to the County and its residents. FISCAL IMPACT: The cost of the three percent (3%) wage increase is dependent upon the number of hours worked by the employees. All costs will be absorbed by the Community Services Bureau of the Employment and Human Resources Department. BACKGROUND: Because employees in the Community Services Bureau (CSB) receive external State and federal funding for their programs, these employees were not eligible for the 2018 general cost of living wage adjustment negotiated between Local One and the County. The Local One MOUs APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 09/25/2018 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Karen Mitchoff, District IV Supervisor ABSENT:Diane Burgis, District III 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: September 25, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: Dianne Dinsmore, Human Resources Director, Robert Campbell, County Auditor-Controller D.4 To:Board of Supervisors From:David Twa, County Administrator Date:September 25, 2018 Contra Costa County Subject:Resolution No. 2018/507 - Public Employees Union, Local One Side (including CSB UNit) Letter to Modify Section 5.1.A. General Wages September 25, 2018 BOS Minutes 26 BACKGROUND: (CONT'D) allowed for a meet and confer with the County to discuss salary adjustments for 2018. After meeting and conferring, the parties reached a tentative agreement on September 12, 2018, which was ratified on September 19. The agreement provides for a three percent (3%) wage increase effective September 16, 2018 for specified employees. The agreement includes the County providing a letter to the Union that acknowledges the CSB and CSB Site Supervisor Units' value to the County and its residents. CONSEQUENCE OF NEGATIVE ACTION: If the side letter of agreement is not approved, these specified employees will not receive the designated wage increase. AGENDA ATTACHMENTS Resolution No. 2018/507 Local 1 Tentative Agreement dated September 12, 2018 MINUTES ATTACHMENTS Signed Resolution No. 2018/507 September 25, 2018 BOS Minutes 27 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and for Special Districts, Agencies and Authorities Governed by the Board Adopted this Resolution on 09/25/2018 by the following vote: AYE:3 John Gioia Candace Andersen Karen Mitchoff NO: ABSENT:2 Diane Burgis Federal D. Glover ABSTAIN: RECUSE: Resolution No. 2018/507 In the Matter of: The Tentative Agreement between the County of Contra Costa and the Public Employee Union (PEU), Local One, modifying Sections 5.1 - General Wages of the PEU, Local One and PEU, Local One CSB-Site Supervisor Unit Memoranda of Understanding. The Contra Costa County Board of Supervisors acting solely in its capacity as the governing board of the County of Contra Costa and the Board of Directors of the Contra Costa County Fire Protection District RESOLVES THAT: Effective September 16, 2018, the attached Agreement dated September 12, 2018, between the County of Contra Costa and the Public Employees Union, Local One, 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: September 25, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: Dianne Dinsmore, Human Resources Director, Robert Campbell, County Auditor-Controller September 25, 2018 BOS Minutes 28 September 25, 2018 BOS Minutes 29 September 25, 2018BOS Minutes30 RECOMMENDATION(S): CONSIDER amending the County’s 2018 Federal Legislative Platform to include support for the concept of establishing a national price on carbon emissions to address the cost to society of those emissions, as recommended by the Ad Hoc Committee on Sustainability. FISCAL IMPACT: None. BACKGROUND: In December 2015, the Board of Supervisors adopted the County’s Climate Action Plan, which states the County’s commitment to addressing the challenges of climate change by reducing local greenhouse gas emissions while improving community health. On July 23, 2018, the Contra Costa County Sustainability Commission brought to the Ad Hoc Committee on Sustainability (Committee) a recommendation for the County to include in its Federal legislative platform support for a Carbon Fee and Dividend. The Sustainability Commission received this request from the Citizens Climate Lobby, and voted 8-1 to recommend support for the Carbon Fee and Dividend. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 09/25/2018 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS Contact: Jody London, DCD, 925-674-7871 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: September 25, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: , Deputy cc: D.5 To:Board of Supervisors From:John Kopchik, Director, Conservation & Development Department Date:September 25, 2018 Contra Costa County Subject:Amend the County’s Legislative Platform to Include Support for Efforts to Price Carbon Emissions September 25, 2018 BOS Minutes 31 BACKGROUND: (CONT'D) As explained in the communication from the Sustainability Commission (attached), the Carbon Fee and Dividend would put a federal price on carbon-based fuels with the goal of having the price charged to consumers reflect the true costs of those fuels to society. The funds collected through this fee would be placed in a trust and returned to all American households in equal, monthly, per-person dividend payments. According to the analysis presented by the Sustainability Commission, two-thirds of all American households will break even or come out ahead. Lower income households would receive a proportionately greater benefit because they spend proportionately more on transportation, heating, and food. The Ad Hoc Committee on Sustainability had a robust discussion with members of the Sustainability Commission and the public about the Carbon Fee and Dividend proposal. Advocates for the Carbon Fee and Dividend discussed the importance of policies to promote clean energy on public health. They stressed the simplicity of this approach and that lower-income households will see a greater benefit. Others disagreed with the dividend concept, arguing that some of the funds should be directed to government-sponsored programs that build stronger communities and/or research. The Committee discussed challenges that the dividend proposal presents, including who would benefit, how dividend funds would be allocated and used, and how best to build public support for this concept. The Committee recommended that the County add to its federal legislative platform language that supports the concept of a national price on carbon. The Committee declined to recommend that the County take a position on the dividend, citing concerns that not all of the funds collected should necessarily be returned 100 percent to the public; there may be other public purposes to which those funds should be applied. Staff notes that the national League of Women Voters at its 2018 national convention voted overwhelmingly to support a similar approach: “The League of Women Voters stands united with, and in support of, efforts to price carbon emissions, whether cap-and-trade, carbon tax/fee, or another viable pricing mechanism. The League does not have a position on how the revenue generated is to be used. We do not espouse any single method of pricing carbon over another. We will evaluate all proposed methods based on their effectiveness to abate emissions and whether the method can be successfully implemented.” Staff suggests that the same language may be useful for the County to include in its legislative platform. CONSEQUENCE OF NEGATIVE ACTION: If the Board does not amend the County’s legislative platform, it will forego an opportunity to influence policies that help mitigate damage to the climate and protect public health. CHILDREN'S IMPACT STATEMENT: N/A CLERK'S ADDENDUM Speakers:  the following members of the Citizens' Climate Lobby spoke in favor of the matter: Michael Kent; Emily Hopkins; Cynthia Mahoney; Pam Murray; Elizabeth Lobos; Doug Merrill.  CONTINUED to October 9, 2018.  ATTACHMENTS Sustainability Commission Recommendation on Carbon Fee and Dividend September 25, 2018 BOS Minutes 32 Sustainability Commission Recommendation on Carbon Fee and Dividend September 25, 2018 BOS Minutes 33 CONTRA COSTA COUNTY SUSTAINABILITY COMMISSION An Advisory Body to the Board of Supervisors 30 Muir Road Martinez, California 94553 July 16, 2018 The Honorable John Gioia and Federal Glover, Contra Costa County Supervisors Ad Hoc Sustainability Committee 651 Pine St. Martinez, CA 94553 Dear Messrs. Gioia and Glover, At its June 25th meeting, the Contra Costa Sustainability Commission voted to recommend to the Board of Supervisors that it support adoption of a national carbon fee and dividend (CF&D) in the County’s Federal Legislative Platform. The request for this recommendation was presented to the Sustainability Commission by members of the Contra Costa Chapter of the Citizens’ Climate Lobby (CCL), a national organization. While our discussion considered the basic mechanism of CF&D, commissioners focused on the economic impact a carbon tax would have on low-income residents of our county. The advocates for the plan highlighted the progressive effect of distribution of 100% of the net revenue, and cited a study showing that most residents would receive more in dividends than they pay in rising costs. The rationale for carbon pricing is well-established. A price on carbon corrects a massive market failure by incorporating the environmental and social costs of greenhouse gas emissions into the price of goods and services. Validating this economic tenet is the fact that 45 national and 25 sub-national jurisdictions now put a price on carbon, covering about 12% of global emissions. 1 The calls for carbon pricing are growing, both domestically 2 and abroad. There are many approaches to carbon pricing. Why should Contra Costa County advocate for a carbon fee and dividend system? To answer that question, we reviewed CF&D’s three core features: • A national carbon tax, starting at a relatively low rate and increasing predictably and steadily over the years, is a market-based solution that sends a clear price signal to businesses to develop and use low- or no-carbon-based energy resources. The rising cost of carbon-intensive products and services also incentivizes consumers to choose “greener” alternatives. • One-hundred percent of net fees are returned to households in equal shares as monthly dividends. Two-thirds of all Americans will break even or come out ahead, as their dividends match or exceed price increases due to the tax. (See attachment showing household impacts for U.S. Congressional District 11. Studies for other Congressional districts in our county are available. ) 1 Carbon Pricing Dashboard, The World Bank. https://carbonpricingdashboard.worldbank.org/ 2 “New Group, With Conservative Credentials, Plans Push for Carbon Tax,” New York Times, June 19, 2018. https://www.nytimes.com/2018/06/19/climate/carbon-tax-climate-change.html September 25, 2018 BOS Minutes 34 Lower-income households receive a proportionately greater benefit because they spend proportionately more on transportation, heating, and food. • A border adjustment will level the playing field for American businesses and motivate other countries to establish their own carbon pricing. Import fees on products from countries without a carbon fee, along with rebates to US industries exporting to those countries, will discourage American firms from relocating. A study conducted by a non-partisan economic modeling firm, Regional Economic Models, Inc. (REMI), predicted that during the first 20 years, the CF&D policy advocated by CCL would lead to a 50% reduction of carbon emissions below 1990 levels; the addition of 2.8 million jobs above baseline, driven by the economic stimulus; and the avoidance of 230,000 premature deaths due to reductions in air pollutants that accompany carbon emissions.3 These arguments have led 5 counties and 23 cities in California, and the State of California to pass resolutions endorsing a national revenue-neutral carbon tax. (See attachments.) Our County’s Climate Action Plan affirms the connection between local air quality and federal policy. Measure GO 5 (action item 5, bullet 2) calls on the County to “advocate for regional, state, and federal activities that support GHG emissions in the county, including adoption of language in the County’s state and federal legislative platforms that directs support and lobbying for local GHG reductions.” These environmental, economic and health-related justifications for a revenue-neutral carbon tax are compelling. But we also recognize a valid objection to the CF&D plan: Rather than returning 100% of the revenue in equal share to all households, why not allocate portions for renewable energy development, assistance to those bearing the brunt of climate change impacts, and programs to help workers who will lose jobs in the transition to a low-carbon economy? These are all worthy claims for public investment and assistance. One of the Commission members, who is also a member of the Citizens’ Climate Lobby, states that political considerations argue against using revenue from carbon fees to address those legitimate needs. Consider the consequences of adopting policies that pick winners and losers (“Why stimulate solar but not biomass?”), or assists one group rather than another (“Why that refinery fence-line community but not our coastal town?”), or provides transitional training for some workers but not others (“Pipefitters but not electricians?”). The result would be a splintering of support for the carbon tax along partisan and geographic fault lines. Its passage and long-term survival require that the plan not “grow government” and lose broad public support by requiring costly regulatory apparatus, means-testing, and oversight. For a plan to withstand political buffeting, its range of benefits must be distributed equally to all citizens—no matter where they live, how they make their living, who they vote for, or how they choose to spend their money. For all of the reasons set forth here, a 7-1 majority of Sustainability Commission members recommend that the Ad Hoc Sustainability Committee place a motion before the Board of 3 For summary and full REMI report, see https://citizensclimatelobby.org/remi-report/ September 25, 2018 BOS Minutes 35 Supervisors supporting adoption of a revenue-neutral national carbon fee and dividend plan in the County’s Federal Legislative Platform. Sincerely, Howdy Goudey Vice-Chair, Contra Costa Sustainability Commission September 25, 2018 BOS Minutes 36 What is Carbon Fee and Dividend? Carbon Fee and Dividend is the policy proposal created by Citizens’ Climate Lobby (CCL) to put a federal price on carbon-based fuels so that their consumer cost reflects their true costs to society. It’s the policy that both climate scientists and economists say is the best first-step to reduce the likelihood of catastrophic climate change from global warming. Why Carbon Fee and Dividend? Currently, the price of fossil fuels does not reflect their true costs— including their impact on global climate. Correcting this market failure will require that their price account for the true social costs. As long as fossil fuels remain artificially inexpensive, their use will rise. Correcting this market failure requires a federal price on carbon that accounts for their true costs. What Will Carbon Fee and Dividend Do? Carbon Fee and Dividend will do four things: 1. Account for the cost of burning fossil fuels in the price consumers pay. 2. Cut emissions enough to stay below the 2C threshold for “dangerous” warming. 3. Grow jobs and GDP without growing government one bit. 4. Recruit global participation. citizensclimatelobby.org September 25, 2018 BOS Minutes 37 The Text of the Carbon Fee and Dividend Proposal: Therefore the following legislation is hereby enacted: 1. Collection of Carbon Fees/Carbon Fee Trust Fund: Upon enactment, impose a carbon fee on all fossil fuels and other greenhouse gases at the point where they first enter the economy. The fee shall be collected by the Treasury Department. The fee on that date shall be $15 per ton of CO2 equivalent emissions and result in equal charges for each ton of CO2 equivalent emissions potential in each type of fuel or greenhouse gas. The Department of Energy shall propose and promulgate regulations setting forth CO2 equivalent fees for other greenhouse gases including at a minimum methane, nitrous oxide, sulfur hexafluoride, hydrofluorocarbons (HFCs), perfluorocarbons, and nitrogen trifluoride. The Treasury shall also collect the fees imposed upon the other greenhouse gases. 100% of the net revenues are to be placed in the Carbon Fees Trust Fund and be rebated to American households as outlined below. 2. Methane Leakage: Methane is a much more potent greenhouse gas than CO2 with both direct and indirect effects contributing to warming. It is therefore important to place a fee on methane that leaks to the atmosphere. Some of this leakage will occur after the fee has been assessed on methane under the assumption that it will be burned to yield the less potent CO2. To ensure the integrity of the program and that markets receive accurate information with regard to the climate forcings caused by various fossil fuels, the carbon fee shall be assessed on such leaked methane at a rate commensurate with the global warming potential (“GWP”) of methane including both its direct and indirect effects. Given the importance of tipping points in the climate system, the 20-year GWP of methane shall be used to assess the fee, and not the 100-year GWP. As proper accounting for such leakage is necessary for honest assessment of progress towards program goals, reasonable steps to assess the rate of methane leakage shall be implemented, and leaked methane shall be priced accordingly. The entity responsible for the leaked methane shall be responsible for paying the fee. 3. Emissions Reduction Targets: To align US emissions with the physical constraints identified by the Intergovernmental Panel on Climate Change (IPCC) to avoid irreversible climate change, the yearly increase in carbon fees including other greenhouse gases, shall be at least $10 per ton of CO2 equivalent each year. Annually, the Department of Energy shall determine whether an increase larger than $10 per ton per year is needed to achieve program goals. Yearly price increases of at least $10 per year shall continue until total U.S. CO2-equivalent emissions have been reduced to 10% of U.S. CO2-equivalent emissions in 1990. 4. Equal Per-Person Monthly Dividend Payments: Equal monthly per-person dividend payments shall be made to all American households (½ payment per child under 18 years old, with a limit of 2 children per family) each month. The total value of all monthly dividend payments shall represent 100% of the total carbon fees collected per month less administrative costs. 5. Border Adjustments: In order to ensure that U.S.-made goods can remain competitive at home and abroad and to provide an additional incentive for international adoptions of carbon fees, Carbon-Fee-Equivalent Tariffs shall be charged for goods entering the U.S. from countries without comparable Carbon Fees/Carbon Pricing. Carbon-Fee-Equivalent Rebates shall be used to reduce the price of exports to such countries and to ensure that U.S. goods can remain competitive in those countries. The Department of Commerce will determine rebate amounts and exemptions if any. More at citizensclimatelobby.org and citizensclimatelobby.org/remi-report September 25, 2018 BOS Minutes 38 Financial Impact on Households of Carbon Fee and Dividend Local Impacts in California - District 11 Introduction This study on the impact to households of Carbon Fee and Dividend was funded to respond to concerns expressed by members of Congress that constituents in their district would not benefit under our proposal. Key to the concerns expressed was not only understanding how the average constituent did, but how different groups of constituents fared. Concern for low-income constituents, for instance, is common for members of both parties. Figure 1: National Averages by Economic Quintile. Note that the three lowest-income quintiles show a benefit for the mean (average) household. The average net benefit for the lowest-income quintile is 1.78% of income, whereas households in the top quintile experience, on average, net losses that are a much smaller percentage of their total income, at just 0.18%. All data is from the 2016 working paper, “Impact of CCL’s proposed carbon fee and dividend policy: A high- resolution analysis of the financial effect on U.S. households” by Kevin Ummel, Research Scholar, Energy Program, International Institute for Applied Systems Analysis (IIASA). Current working paper and summary available at http://citizensclimatelobby.org/household-impact/ September 25, 2018 BOS Minutes 39 Figure 2: Impact by Quintile for California - District 11. Looking at the categories on the bottom of this graph, only the numbers for “Mean Net Benefit” and “Median HH income % of FPL” include all households in a given quintile (FPL = Federal Poverty Line). Only those households who receive a financial gain are included in calculating the “Median Gain” figures, and likewise, only those households which experience a loss are included in calculating the “Median Loss” figures. Figure 3: Impact by Race for California - District 11. Minority households tend to do better than white households as a result of lower average incomes (associated with lower carbon footprint) and/or more people per household (larger pre-tax dividend). September 25, 2018 BOS Minutes 40 Figure 4: Impact by Age Group for California - District 11. The pattern of benefits across age groups makes sense given the impact of age on both carbon footprints and dividend received. Older households tend to have smaller footprints, reflecting reduced mobility and less consumption as a result of low fixed incomes. Younger households tend to be larger – and therefore benefited by the dividend formula – in addition to less income/consumption in early career. Figure 5: Impact by Household Type for California - District 11. This graph reports data for demographic groups of particular interest to many legislators. “Elderly” households are defined as having a household head age 65 or older, no more than two adults, and no children present. “Poverty” and “Low income” refer to households with income below 100% and 200% of FPL, respectively. September 25, 2018 BOS Minutes 41 Figure 6: Impact by Community for California - District 11. This graph breaks down data by “community type” – Rural, Suburb or Town, vs Urban. Figure 7: Expenditures by Category for California - District 11. Here we show a breakdown of where the carbon fee increases expenses (i.e. before the dividend) for each quintile. Note that direct energy expenditures (gasoline and utilities) represent less than half of the expense for most quintiles with other products and services making up the rest. Quintile 1 shows low expenditure for private health care since most health care for households in this quintile is covered by government programs. Allocated Private Fixed Income (PFI) measures economy-wide spending on fixed assets (e.g. structures, equipment, software, etc.) that are used in the production of goods and services. September 25, 2018 BOS Minutes 42 Figure 8: Relationship between benefit and income for California - District 11. This line graph shows the relationship between income expressed as a percentage of the Federal Poverty Level (FPL) vs. the average (mean) benefit as a percentage of income for households. Benefits are highest for those at the lowest income levels and generally positive through 200-300% of the FPL. Average loss for those with higher incomes is relatively small as a percentage of annual income. To avoid anomalies from small sample size at the margins, this graph does not include results for households in the bottom 1% of income, nor those above the 90th percentile of income in the district. This graph also does not convey information about how much of the population in the district is at any given point along the line. September 25, 2018 BOS Minutes 43 California jurisdictions that have passed resolutions calling for a federal revenue-neutral fee and dividend plan As of June 2018 The State of California (Assembly Joint Resolution No. 43) Counties County of San Francisco (Resolution 336-14) County of San Mateo (Resolution 075519) County of Sonoma (November 4, 2017) County of Santa Cruz (38-2018) County of Marin (2017-50) Cities Alameda Albany Berkeley Claremont Davis El Cerrito Encinitas Everyville Los Altos Marina Modesto Monterey Morro Bay Oakland Oroville Petaluma Richmond San Carolos San Luis Obispo Santa Cruz Santa Monica Sebastopol West Hollywood September 25, 2018 BOS Minutes 44 Assembly Joint Resolution No. 43 RESOLUTION CHAPTER 168 Assembly Joint Resolution No. 43—Relative to greenhouse gases. [Filed with Secretary of State September 1, 2016.] LEGISLATIVE COUNSEL’S DIGEST AJR 43, Williams. Greenhouse gases: climate change. This measure would urge the United States Congress to enact a tax on carbon-based fossil fuels. WHEREAS, The Intergovernmental Panel on Climate Change has stated in its recently released 5th Assessment Report, Climate Change 2013: The Physical Science Basis, that “[w]arming of the climate system is unequivocal” and “[i]t is extremely likely that human influence has been the dominant cause of the observed warming since the mid-20th century”; and WHEREAS, In May of 2013, the global atmospheric concentration of carbon dioxide reached 400 parts per million, the highest level in the last 800,000 years; and WHEREAS, In May 2014, two separate scientific papers were published in journals of Geophysical Research Letters documenting dramatic retreats of Antarctic glaciers and predicting that large-scale destruction of the West Antarctic ice sheets is likely now inevitable and will lead to sea level rises of 10 feet or more; and WHEREAS, The 2013 Indicators of Climate Change in California, released by the Office of Environmental Health Hazard Assessment, found that continued warming of the atmosphere would cause threats of flooding along the coastline of California; threats to infrastructure, sewage systems, wetlands, and marine life; increased ocean acidification; increased threats from wildfires; threats to the water supply from decreased snow packs; increased asthma and respiratory illness due to higher ozone levels; increased insurance and mitigation costs; and negative impacts to the agriculture, fishing, and tourism industries; and WHEREAS, Conservative estimates by climate scientists throughout the world state that, to achieve climate stabilization and avoid cataclysmic climate change, emissions of greenhouse gases must be brought to 80 percent below 1990 levels by 2050; and WHEREAS, The California Global Warming Solutions Act of 2006 (Division 25.5 (commencing with Section 38500) of the Health and Safety Code) commits the state to reduce greenhouse gas emissions to 1990 levels by 2020, and the Governor’s Executive Order S-3-05 further calls on the 96 state to establish a policy to reduce greenhouse gas emissions to 80 percent below 1990 levels by 2050; and WHEREAS, The California Global Warming Solution Act of 2006 has reached its 10-year anniversary and the California economy remains strong; and WHEREAS, The United States needs powerful new policies to meet its greenhouse gas emission reduction goals established in the 2015 Paris Climate Agreement; and WHEREAS, The United States Congress can enact a national carbon tax on fossil fuels, based on the amount of carbon dioxide the fuel will emit when burned; and WHEREAS, For efficient administration, fossil fuels can be taxed once, as far upstream in the economy as practical, or at the port of entry into the United States; and WHEREAS, A national, revenue-neutral carbon tax starting at a relatively low rate and increasing steadily over future years is a market-based solution that would minimally disrupt the economy while sending a clear and predictable price signal to businesses to develop and use noncarbon- based energy resources; and September 25, 2018 BOS Minutes 45 WHEREAS, Citizens’ Climate Education Corporation Commissioned Regional Economic Models, Inc. (REMI) to do a nation-wide macroeconomic study on the impact of a revenue- neutral carbon tax; and WHEREAS, REMI’s study predicted that, after 10 years, a revenue-neutral carbon tax would lead to a decrease in carbon dioxide emissions by 33 percent, an increase in national employment by 2.1 million jobs, and an average monthly dividend for a family of four of $288; and WHEREAS, Border adjustments, such as carbon-content-based tariffs on products imported from countries without comparable carbon pricing and refunds to our exporters of carbon taxes paid can maintain the competitiveness of United States businesses in global markets; and WHEREAS, A national carbon tax can be implemented quickly and efficiently, and respond to the urgency of the climate crisis, because the federal government already has in place mechanisms, such as the Internal Revenue Service, needed to implement and enforce the tax and already collects taxes from fossil fuel producers and importers; and WHEREAS, A national carbon tax would make the United States a leader in mitigating climate change and the advancing clean energy technologies of the 21st Century, and would incentivize other countries to enact similar carbon taxes, thereby reducing global carbon dioxide emissions without the need for complex international agreements; now, therefore, be it Resolved by the Assembly and the Senate of the State of California, jointly, That the Legislature hereby urges the United States Congress to enact, without delay, a tax on carbon-based fossil fuels; and be it further Resolved, That the tax should be collected once, as far upstream in the economy as practical, or at the port of entry into the United States; and, be it further Resolved, That the tax rate should start low and increase steadily and predictably to achieve the goal of reducing carbon dioxide emissions in the United States to 80 percent below 1990 levels by 2050; and be it further Resolved, That all tax revenue should be returned to middle- and low-income Americans to protect them from the impact of rising prices due to the tax; and, be it further Resolved, That the international competitiveness of United States businesses should be protected by using carbon-content-based tariffs and tax refunds; and be it further Resolved, That the Chief Clerk of the Assembly transmit copies of this resolution to the President and Vice President of the United States, to the Speaker of the House of Representatives, to the Majority Leader of the Senate, to each Senator and Representative from California in the Congress of the United States, and to the author for appropriate distribution. September 25, 2018 BOS Minutes 46 September 25, 2018 BOS Minutes 47 September 25, 2018 BOS Minutes 48 September 25, 2018 BOS Minutes 49 September 25, 2018 BOS Minutes 50 RECOMMENDATION(S): A. ACCEPT report on potential regulation of short-term rental of private dwellings within unincorporated areas of the County. B. PROVIDE general direction to staff from the Department of Conservation and Development on preparation of an ordinance regulating the short-term rental of private dwellings within the unincorporated areas of the County. C. DIRECT staff to submit the draft ordinance, once it is prepared, to the County Planning Commission for review and recommendation to the Board of Supervisors. FISCAL IMPACT: Costs of preparing an ordinance to regulate and permit short-term rental activities and other provisions will be assumed by the Department of Conservation and Development (Land Development Fund). The estimated staff cost of preparing an ordinance is expected to be within the $30,000 - $50,000 range, but could be higher or lower depending upon the amount of additional research required, the complexity of regulatory approach chosen and the type and duration of the public process. The County could establish fees for short-term rental permits that could cover some or perhaps all costs of implementing an ordinance. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 09/25/2018 APPROVED AS RECOMMENDED OTHER Clerks Notes:See Addendum VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Karen Mitchoff, District IV Supervisor ABSENT:Diane Burgis, District III Supervisor Federal D. Glover, District V Supervisor Contact: Francisco Avila, (925) 674-7801 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: September 25, 2018 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:September 25, 2018 Contra Costa County Subject:Regulation of Short-Term Rental Activity Within Unincorporated Contra Costa County September 25, 2018 BOS Minutes 51 FISCAL IMPACT: (CONT'D) An ordinance permitting such rentals would facilitate collection of transient occupancy tax (TOT) and would lead to additional tax revenue for the County. BACKGROUND: In response to concerns that state-mandated easing of restrictions on accessory dwelling units would lead to increased conversion of existing or future accessory dwelling units to short-term rentals instead of permanent housing, the Board of Supervisors (Board) has directed staff to initiate the process of creating an ordinance to regulate the use. Currently, the County does not permit or allow short-term rental activity. (Short-term rental activity is defined as the rental of a private dwelling or portion thereof for a period of less than 30-days). Hotels and motels are not allowed within residential zoning districts. Unregulated short-term rental activity in residential communities has the potential to negatively impact the character of neighborhoods, the availability of permanent housing stock, and create a public nuisance. Well-regulated short-term rentals may provide revenue to owners, an attractive accommodation option for guests and potentially additional TOT revenue. This report is the third in a series of reports to the Board on this matter and addresses the following topics: -Review of September 19, 2017, Board meeting and direction to staff on short-term rental regulation. -Review of February 27, 2018, Board meeting and discussion of community feedback. -Refined regulatory framework. -Recap of Potential Voluntary Collection Agreement with Airbnb -A general description of potential next steps. A desired outcome of this meeting is for the Board to provide DCD staff with specific direction on key regulatory elements to include in a draft short-term rental ordinance. SEPTEMBER 19, 2017, BOARD OF SUPERVISORS MEETING At the September 19, 2017, Board meeting, staff summarized the advantages and disadvantages of short-term rentals and presented a wide range of regulatory options available to the County. The presentation included a brief summary of regulatory approaches of several other jurisdictions and a range of regulatory options from more permissive to more restrictive. After accepting staff's presentation, the Board framed its preferences and directed staff to gather community input via the County's Municipal Advisory Committees. FEBRUARY 27, 2018, BOARD OF SUPERVISORS MEETING At the February 27, 2018, Board meeting, staff presented the results of community feedback on those regulatory elements that the Board initially expressed interest. The responses collected from the various Municipal Advisory Committees suggested that there was significant concurrence with the regulatory elements that had been preliminarily identified by the Board. The elements that enjoyed the most widespread support are: 90-day per year limits, notification of neighbors, requiring adequate parking, requiring a ministerial permit and a business license, payment of TOT, prohibiting special events, limiting the number of guests, and including performance standards and revocation procedures. The elements that were supported at lower levels or for which the level of support was about equal to the level of non-support are: allowing non-hosted rentals, requiring rental to be owner's principal residence September 25, 2018 BOS Minutes 52 and requiring/allowing a land use permit for exceptions. The Board discussed the elements and the community feedback and directed staff to report back by September with more detail on potential requirements associated with each regulatory element. REFINED REGULATORY FRAMEWORK In response to Board direction, staff prepared a table outlining key potential provisions associated with the list of regulatory elements reviewed previously (see attached table). The potential provisions are intended to complement existing County requirements and to balance safeguards with the need for an ordinance that can be practically implemented. In many instances, application for a discretionary land use permit is suggested as a means for an applicant to request operating conditions in excess of the limits proposed for the ministerial permit process. RECAP OF POTENTIAL VOLUNTARY COLLECTION AGREEMENT WITH AIRBNB In 2017, the Board directed staff to begin communication with Airbnb regarding a Voluntary Collection Agreement (VCA). The VCA is a mechanism for Airbnb to collect TOT tax on behalf of Airbnb hosts and transmit it to the County in aggregate. Staff have been in contact with Airbnb and are reviewing the VCA template provided by Airbnb. Preliminary review suggests that it may be prudent to update the County's TOT ordinance to be consistent with the VCA approach. Staff proposes to work with the Treasurer/Tax Collector on this matter. Staff will continue to work on the VCA as the ordinance to regulate short-term rentals is being drafted. To ensure consistency, staff would propose the Board consider the BCA concurrent with the regulations as well as any update to the TOT Ordinance. NEXT STEPS 1. Upon the Board's acceptance of the specified regulatory approach, staff will begin preparation of a Draft Short-Term Rental Ordinance. 2. The Draft Short-Term Ordinance will be presented to the County Planning Commission for review and recommendation to the Board of Supervisors. 3. Board considers Draft Short-Term Ordinance, Voluntary Collection Agreement and any update to TOT Ordinance. CONSEQUENCE OF NEGATIVE ACTION: If the Board elects to prohibit the rental of private property on a short-term basis entirely, the County will not receive any Transient Occupancy Tax from the use. CLERK'S ADDENDUM The Board clarified the language for off-street parking should note that the term 'available' is preferred over 'provide'; stated a desire for an exemption for children 12 and under in regard to guest limits per rental property; and requested a more definitive or descriptive use of the word parties as related to special events. The Board ACCEPTED the report; PROVIDED general direction for staff; and DIRECTED staff to submit the draft ordinance, once it is prepared, to the County Planning Commission for review and recommendation to the Board. ATTACHMENTS Regulation Implementation Table September 25, 2018 BOS Minutes 53 PowerPoint: Discussion of Potential Regulation of Short-Term Rentals September 25, 2018 BOS Minutes 54 Draft Short-Term Rental Regulatory Framework (9 -25-18) KEY ELEMENT POTENTIAL REQUIREMENTS 1. Ministerial permit and business license required to operate short-term rentals . Each operator of a short-term rental activity shall be required to obtain a ministerial short-term rental permit (permit) and business license to operate. Each permit shall be renewed annually. 2. Inclusion of performance standards and revocation language. Sample performance standards include: 1) rental structure shall meet all building codes, 2) observation of maximum allowed number of guests, 3) observation of maximum number of allowed vehicles, 4) occupants shall not create a public nuisance, 5) quiet time between 10:00pm to 7:00am, 6) no on-site advertising, 7) payment of Transient Occupancy Tax. 3. Permitting of non-hosted rentals. Non-hosted rentals may be permitted, however, a designated responsible party must be available by phone and within a 30-minute drive during non-hosted short-term rental activities. 4. Prohibit short-term rental of Accessory Dwelling Units . Short-term rental of accessory dwelling units (ADU’s) will not be permitted ministerially, however, rental of ADU’s can occur with the issuance of a land use permit. 5. 90-day limit on short-term rental activity per property. Short term rental activity up to 90 days a year may be permitted ministerially, rental activity in excess of 90 days a year will require issuance of a land use permit. 6. Notification to neighbors of an approved short-term rental activity. Upon permit issuance of a short-term rental permit, all property owners within 300 feet will receive a notice that includes: 1) location of short-term rental, 2) contact for responsible party, 3) code enforcement contact information, 4) approved site plan, 5) list of performance standards and conditions of approval, 6) link to Short-Term Rental ordinance, and 7) permit expiration date. 7. A minimum of one additional off-street parking space will be required per short-term rental property. One additional off-street parking space will be required for every property issued a short-term rental permit. Additional parking may be permitted within the required setbacks and driveways. Two off -street parking spaces will be required for short-term rental dwellings with four or more bedrooms. The number of required off-street parking spaces may be modified with the issuance of a land use permit. 8. Guest limits per rental property. The number of guests permitted at a short-term rental property will be 2 persons per bedroom, plus 2 total guests, except with the issuance of a land use permit. Short -term rentals shall be limited to one group at a time, except with the issuance of a land use permit. 9. Special events prohibited. No special events may be permitted (conferences, weddings, parties, etc.) as part of a short-term rental, except with the issuance of a land use permit. 10. Short-term rental of one structure/dwelling per lot. Only one structure or building may permitted to be rented on a short-term basis per property, except with the issuance of a land use permit. 11. Require a Land Use Permit for exceptions. Land Use Permits may be reviewed and approved for exceptions to those chosen elements based on unique property circumstances. 12. Collection of TOT Tax. Each operator of a short-term rental will be required to pay Transient Occupancy Taxes. September 25, 2018 BOS Minutes 55 September 25, 2018 BOS Minutes 56 Contra Costa County Board of Supervisors September 25, 2018 1 Discussion of Potential Regulation of Short-Term Rentals September 25, 2018 BOS Minutes 57 Recommendations A.ACCEPT report on potential regulation of short-term rental of private dwellings within unincorporated areas of the County. B.PROVIDE general direction to staff from the Department of Conservation and Development on preparation of an ordinance regulating short-term rental uses. 2September 25, 2018 BOS Minutes 58 Background In response to concerns raised that new, state-mandated easing of restrictions on constructing accessory dwelling units could lead to an increase in short-term rentals rather than more permanent housing, the Board of Supervisors has directed the Department of Conservation and Development staff to evaluate preparing an ordinance which would regulate short-term rental of dwellings. The Board has also separately been exploring a potential agreement with AirBnB to facilitate collection of Transient Occupancy Tax (TOT). 3September 25, 2018 BOS Minutes 59 Existing County Regulation The County currently does not issue permits for short-term rentals nor does it grant requests for business licenses for such activities. Nonetheless, a review of short-term rental websites indicates that such rentals are being offered. Some examples include entire homes, entire apartments or condos and rooms in houses or condos. 4September 25, 2018 BOS Minutes 60 REVIEW OF PREVIOUS BOARD MEETINGS •September 19, 2017 –Staff presented ordinance examples from other jurisdictions and a wide range of regulatory options available to the County. After accepting the options, the Board framed its regulatory preferences and directed staff to gather community feedback. •February 27, 2018 –Staff presented the results of community feedback on the regulatory elements that the Board expressed interest in. The results are summarized in the following table: 5September 25, 2018 BOS Minutes 61 6 Summary Results of Public Input on Short Term Rental Regulatory Options Percent Support Municipal Advisory Councils Individual Respondents 1. Ministerial permit and business license required to operate short-term rentals. 50% (33% were split) 78% 2. Inclusion of performance standards and revocation language. 86% 100% 3. Permitting of non-hosted rentals. 25% (37% were split) 8% 4. Prohibit short-term rental of Accessory Dwelling Units. 37% (12% were split) 92% 5. 90-day limit on short-term rental activity per property. 43% (28% were split) 42% 6. Notification to neighbors of an approved short-term rental activity. 75% (12% were split) 92% 7. A minimum of one additional off-street parking space will be required per short-term rental property. 86% (14% were split) 54% 8. Guest limits per rental property. 100% 100% 9. Special events prohibited. 87% (12% were split) 91% 10. Short-term rental of one structure/dwelling per lot. 11. Require a Land Use Permit for exceptions. 25% (25% were split) 92% 12. Collection of TOT tax. 62% (25% were split) 92% September 25, 2018 BOS Minutes 62 KEY POTENTIAL PROVISIONS (9-25-18) 1.Ministerial permit and business license required to operate short-term rentals. Each operator of a short-term rental activity shall be required to obtain a ministerial short-term rental permit (permit) and business license to operate. Each permit shall be renewed annually. 2.Inclusion of performance standards and revocation language. Sample performance standards include: 1) rental structure shall meet all building codes, 2) observation of maximum allowed number of guests, 3) observation of maximum number of allowed vehicles, 7September 25, 2018 BOS Minutes 63 4) occupants shall not create a public nuisance, 5) quiet time between 10:00pm to 7:00am, 6) no on-site advertising, 7) payment of Transient Occupancy Tax. 3. Permitting of non-hosted rentals. Non-hosted rentals may be permitted, however, a designated responsible party must be available by phone and within a 30- minute drive during non-hosted short-term rental activities. 4. Prohibit short-term rental of Accessory Dwelling Units. Short-term rental of accessory dwelling units (ADU’s) will not be permitted ministerially, however, rental of ADU’s can occur with the issuance of a land use permit. 8September 25, 2018 BOS Minutes 64 5. 90-day limit on short-term rental activity per property. Short term rental activity up to 90 days a year may be permitted ministerially, rental activity in excess of 90 days a year will require issuance of a land use permit. 6. Notification to neighbors of an approved short-term rental activity. Upon permit issuance of a short-term rental permit, all property owners within 300 feet will receive a notice that includes: 1) location of short-term rental, 2) contact for responsible party, 3) code enforcement contact information, 4) approved site plan, 5) list of performance standards and conditions of approval, 6) link to Short-Term Rental ordinance, and 7) permit expiration date. 7. A minimum of one additional off-street parking space will be required. One additional off-street parking space will be required for every property issued a short-term rental permit. Additional parking 9September 25, 2018 BOS Minutes 65 may be permitted within the required setbacks and driveways. Two off-street parking spaces will be required for short-term rental dwellings with four or more bedrooms. The number of required off-street parking spaces may be modified with the issuance of a land use permit. 8. Guest limits per rental property. The number of guests permitted at a short-term rental property will be 2 persons per bedroom, plus 2 total guests, except with the issuance of a land use permit. Short-term rentals shall be limited to one group at a time, except with the issuance of a land use permit. 9. Special events prohibited. No special events may be permitted (conferences, weddings, parties, etc.) as part of a short-term rental, except with the issuance of a land use permit. 10September 25, 2018 BOS Minutes 66 10. Short-term rental of one structure/dwelling per lot. Only one structure or building may be permitted to be rented on a short-term basis per property, except with the issuance of a land use permit. 11.Require a Land Use Permit for exceptions. Land Use Permits may be reviewed and approved for exceptions to those chosen regulatory elements based on unique property circumstances. 12. Collection of Transient Occupancy Tax.. Each operator of a short-term rental will be required to pay Transient Occupancy Taxes. 11September 25, 2018 BOS Minutes 67 NEXT STEPS 1.Upon the Board’s acceptance of the specified regulatory approach, staff will begin preparation of a Draft Short-Term Rental ordinance. 2.The Draft Short-Term Rental Ordinance will be presented to the County Planning Commission for review and recommendation to the Board of Supervisors. 3.Board considers Draft Short-Term Rental Ordinance, Voluntary Collection Agreement and any update to TOT Ordinance. 12September 25, 2018 BOS Minutes 68 13 Draft Short-Term Rental Regulatory Framework (9-25-18) KEY ELEMENT POTENTIAL REQUIREMENTS 1. Ministerial permit and business license required to operate short-term rentals. Each operator of a short-term rental activity shall be required to obtain a ministerial short-term rental permit (permit) and business license to operate. Each permit shall be renewed annually. 2. Inclusion of performance standards and revocation language. Sample performance standards include: 1) rental structure shall meet all building codes, 2) observation of maximum allowed number of guests, 3) observation of maximum number of allowed vehicles, 4) occupants shall not create a public nuisance, 5) quiet time between 10:00pm to 7:00am, 6) no on-site advertising, 7) payment of Transient Occupancy Tax. 3. Permitting of non-hosted rentals. Non-hosted rentals may be permitted, however, a designated responsible party must be available by phone and within a 30-minute drive during non-hosted short-term rental activities. 4. Prohibit short-term rental of Accessory Dwelling Units. Short-term rental of accessory dwelling units (ADU’s) will not be permitted ministerially, however, rental of ADU’s can occur with the issuance of a land use permit. 5. 90-day limit on short-term rental activity per property. Short term rental activity up to 90 days a year may be permitted ministerially, rental activity in excess of 90 days a year will require issuance of a land use permit. 6. Notification to neighbors of an approved short-term rental activity. Upon permit issuance of a short-term rental permit, all property owners within 300 feet will receive a notice that includes: 1) location of short-term rental, 2) contact for responsible party, 3) code enforcement contact information, 4) approved site plan, 5) list of performance standards and conditions of approval, 6) link to Short-Term Rental ordinance, and 7) permit expiration date. 7. A minimum of one additional off-street parking space will be required per short-term rental property. One additional off-street parking space will be required for every property issued a short-term rental permit. Additional parking may be permitted within the required setbacks and driveways. Two off-street parking spaces will be required for short-term rental dwellings with four or more bedrooms. The number of required off-street parking spaces may be modified with the issuance of a land use permit. 8. Guest limits per rental property. The number of guests permitted at a short-term rental property will be 2 persons per bedroom, plus 2 total guests, except with the issuance of a land use permit. Short-term rentals shall be limited to one group at a time, except with the issuance of a land use permit. 9. Special events prohibited. No special events may be permitted (conferences, weddings, parties, etc.) as part of a short-term rental, except with the issuance of a land use permit. 10. Short-term rental of one structure/dwelling per lot. Only one structure or building may permitted to be rented on a short-term basis per property, except with the issuance of a land use permit. 11. Require a Land Use Permit for exceptions. Land Use Permits may be reviewed and approved for exceptions to those chosen elements based on unique property circumstances. 12. Collection of TOT Tax. Each operator of a short-term rental will be required to pay Transient Occupancy Taxes. September 25, 2018 BOS Minutes 69 RECOMMENDATION(S): ACCEPT report on implementation of Senate Bill 1 (SB1) Road Maintenance and Rehabilitation Account (RMRA) funded projects and possible impacts to the County’s Road Program if Proposition 6 is successful. FISCAL IMPACT: If Proposition 6 passes in November, the estimated revenue loss to the County’s Road Program is the following: FY 18/19 19/20 20/21 21/22 22/23 23/24 24/25 25/26 26/27 Contra Costa County $15,460,000 $21,820,000 $24,870,000 $26,400,000 $27,630,000 $28,900,000 $30,280,000 $31,620,000 $33,010,000 The table shows ALL new revenues from SB1 (gas tax and vehicle registration fees) and what would be at risk if SB1 is repealed. Source: California State Association of Counties. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 09/25/2018 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Karen Mitchoff, District IV Supervisor ABSENT:Diane Burgis, District III Supervisor Federal D. Glover, District V Supervisor Contact: Brian Balbas, 925-313-2201 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: September 25, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: D.7 To:Board of Supervisors From:Brian M. Balbas, Public Works Director/Chief Engineer Date:September 25, 2018 Contra Costa County Subject:ACCEPT report on implementation of Senate Bill 1 September 25, 2018 BOS Minutes 70 FISCAL IMPACT: (CONT'D) Additional revenue loss will be realized beyond what is shown in the table. The additional loss will come from lost opportunities from grant programs which rely on SB1 as local match funds. If Proposition 6 passes in November, the revenue received by the County up to February 2019 does not need to be reimbursed. Therefore, there is no fiscal impact to the projects already constructed. There are some existing projects currently in design that have secured grant funds with a local match of RMRA funds in the next few fiscal years. In this circumstance, the County may be required to return the grant funds because it is anticipated that we will not have sufficient funds to backfill the loss of SB1 funds. BACKGROUND: On April 28, 2017, the Governor signed Senate Bill 1 (SB1), which is known as the Road Repair and Accountability Act of 2017. SB1 invests more than $5 billion annually directly for maintenance, repair, and safety improvements on state highways, local streets and roads, bridges, tunnels and overpasses. SB1 also provides investments in mass transit to help relieve congestion. SB1 has significant accountability and transparency provisions designed to ensure the public has full access to information on how their tax dollars are being invested. Cities and Counties must publicly adopt and submit to the California Transportation Commission a planned list of projects and year-end reporting that accounts for every single dollar of SB1 revenue. During the approval of the Fiscal Year 18/19 SB1 Road Maintenance and Rehabilitation Account (RMRA) project list, the Board of Supervisor’s Transportation Water and Infrastructure Committee (TWIC) recommended that staff provide the full Board of Supervisors an update on the implementation of the RMRA projects at their September 25, 2018 Board meeting. In addition, at the time of the TWIC meeting, it was unknown if the effort to repeal the SB1 gas tax would make the ballot in November. The Committee recommended that staff inform the full Board of Supervisors on the impacts the repeal effort would have on the County’s Road Program. The repeal effort has since qualified for the November 2018 ballot and is known as Proposition 6. The purpose of this staff report is to provide the Board of Supervisors an update on the implementation of the approved RMRA projects for the County and to provide information on the possible impacts of Proposition 6 on the County’s Road Program. SB1 RMRA Project Implementation UpdateThe County has now submitted two lists to the California Transportation Commission, as reviewed and approved in public meetings by the Board of Supervisors, for projects funded with RMRA revenues. The following is a summary of the projects from each of the first two RMRA lists approved by the Board of Supervisors. Also noted is the current status of each of these projects (note that some of the projects are listed in both years as each fiscal year allocation funded different phases of the project): Fiscal Year 17/18 RMRA Project List Morgan Territory Road Slide Repair (2017 Storm Damage Project) – CONSTRUCTION COMPLETE Alhambra Valley Road Washout Repair (2017 Storm Damage Project) – CONSTRUCTION COMPLETE Pomona Street Pedestrian Safety Improvement Project – Phase II – SEE FY 18/19 Bay Point Asphalt Rubber Cape Seal – SEE FY 18/19 Tara Hills Pedestrian Infrastructure Project – SEE FY 18/19 Pedestrian Crossing Enhancements – Central & East County – SEE FY 18/19 Blackhawk Road Bikeway Project – SEE FY 18/19 Fiscal Year 18/19 RMRA Project List Road Drainage Maintenance (Ditch Cleaning, Catch Basin Cleaning, Catch Basin inspection) – ON-GOING ACTIVITY Traffic Safety Devices Maintenance (Traffic Signing, Traffic Striping) – ON-GOING ACTIVITY and Bay Point Sign Upgrade Project – PROJECT COMPLETE Pavement Repairs and Preparation (Pot Hole Patching, Pavement Fabric Patching, Pavement Failure Repair, Pull Box Paving, Hand Patching, Crack Sealing, Leveling, Grinder Follow-up Paving, Pavement Failure Repair – Grinder, Pavement Grinding. – ON-GOING ACTIVITY and work done in preparation for the County-Wide Surface Treatments - COMPLETE County-Wide Surface Treatments (Double Chip Seal Project, Slurry Seal Project, Single Chip Seal Project) – CONSTRUCTION COMPLETE Asphalt Rubber Cape Seal - 2018 (Unincorporated areas of Walnut Creek and Martinez were added to Bay Point Asphalt Rubber Cape Seal Project listed in Fiscal Year 17/18) – CONSTRUCTION COMPLETE Pomona Street Pedestrian Safety Improvement Project – Phase II – CONSTRUCTION NEARING COMPLETION Tara Hills Pedestrian Infrastructure Project – ADVERTISED FOR CONSTRUCTION BIDS Pedestrian Crossing Enhancements Project – Central & East County – CONSTRUCTION NEARING COMPLETION September 25, 2018 BOS Minutes 71 Blackhawk Road Bikeway Project – PROJECT COMPLETE Alhambra Valley Road Creek Embankment Repair – PROJECT IN DESIGN (expected construction 2020) The projects completed to date are consistent with the criteria for SB1-RMRA funds which include, but are not limited to: 1) Road Maintenance and Rehabilitation; 2) Safety Projects; 3) Railroad Grade Separations; 4) Complete Streets Components; 5) Traffic Control Devices. The County projects are spread over the entire county providing benefits to residents and the traveling public in all parts of the County. Prior to the passage of SB1, many of the projects listed above were delayed because of insufficient gas tax funds. Public Works on two occasions made presentations to the TWIC and the Board of Supervisors highlighting the need to delay projects due to the gas tax being a declining revenue source and insufficient funds to meet minimum maintenance operational needs. With the passage of SB1, we have been able to clear the queue of delayed projects. If SB1 survives the recall vote, staff will focus our attention on future years, making sure the County’s unincorporated road network is well maintained and safe and enjoyed by the various users of the system. Proposition 6 – Impacts to the County’s Road Program What’s at Risk? Due to Proposition 6 being on the ballot, staff must concurrently prepare for next year’s SB1-RMRA project list submittal, AND plan for cutting and/or delaying maintenance and capital improvement projects in the queue in the event the SB1 recall is successful. The estimated revenue impact by fiscal year is shown in the Fiscal Impact section of this report. Over nine years, the impact to unincorporated Contra Costa County is $239,990,000 or an average of $26.7 million per year (not including lost grant opportunities). SB1 revenues are planned to fund our maintenance and operations to improve the condition of our existing road assets, improve road safety and reduce fatal and major injury collisions, relieve congestion, and improve mobility for vehicles, bicycles, and pedestrians. There are large multi-year projects currently in the development process. This includes the Kirker Pass Road Truck Climbing Lanes project and others that require SB1 revenues to go to construction. The Kirker Pass Road project is funded with a combination of secured grant funds and SB1 local match funds. If Proposition 6 is successful, the County will not have the capacity to make up the local match funds. This will put the project and grant funds at risk requiring the County to pay back any grant monies used to date. Because of the complexity of this project, some pre-construction work has started such as clearing of vegetation and utility relocation work. Not only is the loss of grant funding at risk, but also our ability to deliver this important safety project in the foreseeable future. Kirker Pass Road is on the County’s High Injury Network and this project would separate slow moving trucks from the higher speed vehicles. The separation would improve safety and help reduce collisions on the road. Public Works has developed a 3-year outlook for road network improvement projects. Many of these projects rely on gas tax funds, and in particular SB1-RMRA funds to move to construction. Although staff is still working on a recommendation to the Board pending the outcome of Proposition 6, the following list of projects are all considered to be at risk of being delayed and/or cancelled if Proposition 6 is successful: Projects at Risk (3-year outlook) Kirker Pass Road Truck Climbing Lane Vasco Road Improvements Byron Highway Improvements Appian Way Complete Streets San Pablo Dam Road Improvements Norris Canyon Road Safety Improvements Route 239 – Vasco Road/Byron Highway Connector Project Baily Road/SR4 Interchange Improvements Marsh Creek Road Safety Improvements Camino Tassajara Bike Lane Gap Closure Countywide Guardrail Upgrade Parker Avenue Sidewalk and Pedestrian Crossing Marsh Creek Road Bridge Replacement (Bridges 143 & 145) Bel Air Trail Crossing Safety Improvements Marsh Drive Bridge Replacement Project Fred Jackson Way, First Mile/Last Mile Connection Project Byron Highway Bridge Replacement Ability to respond to emergencies – slides, sinkholes, etc. (e.g. Morgan Territory Rd. and Alhambra Valley Rd.) Programs at Risk (3-year outlook) Annual Surface Treatment Program (we cancelled our surface treatment program the year prior to SB1 being approved due to insufficient revenue) September 25, 2018 BOS Minutes 72 Annual Culvert Replacement Program Bridge Repair and Replacement Program Complete Streets Implementation Neighborhood Traffic Management Program Traffic Safety Investigations Curb Ramp Program Grant Program Developer Impact Fee Program The projects and programs above are related to the 663 miles of unincorporated County roads. Contra Costa residents will experience additional impacts if Proposition 6 is successful from delayed and/or cancelled projects being implemented by the County’s 19 Cities, Contra Costa Transportation Authority, Caltrans for the State freeways and highways, and transit agencies. The funding amounts and projects at risk are the following: SB1 funding for Contra Costa Cities Contra Costa’s 19 Cities: $272,041,000 loss over the next 10 years SB1 Formula Funds Caltrans – I-80 Repaving $76.8 million CCTA – SR4/680 Interchange $20.5 million BART with AC Transit $21.4 million Tri Delta, West CAT, County Connection $815k State Transportation Improvement Program $1.9 million/year Local Partnerships for “self help” counties and cities $2.4 million/year CCTA, $100k each to Orinda, El Cerrito, Martinez SB1 Competitive Funds 680/4 Phase 3 $33.6 million Bike/Ped Projects $1.5 million Planning Studies $800k Total Contra Costa Funding at Risk over the next 10 years is approximately $710 million. Without adequate revenues, our ability to properly maintain, operate, and improve the County’s road network will be at risk. This will lead to additional potholes, safety issues, congestion, sink holes, and impact the efficient mobility of people and goods movement. In addition, if Proposition 6 is successful, the problems listed don’t go away. In fact, the problem becomes more expensive to resolve. For example doing preventative maintenance when a road is still in good shape will extend the life of the pavement and cost approximately $2-$4/square yard. If revenues are insufficient to do preventative maintenance and we let the roads continue to deteriorate, the cost to repair them in as short as 10-15 years could escalate to $30-$100/square yard, adding to our current maintenance backlog of $88 million. In summary, the passage of Proposition 6 will 1) directly reduce the amount of gas tax revenue available for transportation projects, 2) indirectly reduce funds available due to loss of grants, and 3) reduce the cost effectiveness of the remaining transportation fund expenditures due to the compromised preventative maintenance program. Options to consider if Proposition 6 is successful If Proposition 6 is successful in November, staff will be putting together recommendations on which projects will be delayed and/or cancelled (projects listed above are all considered at risk). In addition, staff will be proposing changes to how the road program is managed which includes reducing level of service expectations. The following list is a preliminary brainstorm of possible options for the Board of Supervisors to consider in managing the County’s road program should Proposition 6 be successful. Eliminate network “improvements” (adding assets like bike lanes, sidewalks, additional lanes, etc.). Any capital improvement project that would “add” to the cost of basic maintenance operations would not be considered unless it is a well-documented safety issue. Focus maintenance on roads currently in good condition. Don’t invest in failed roads (reduce service level expectation). No congestion relief projects (typically require expanding the network and adds future operational costs) Safety projects will be reduced (inability to fund the local Highway Safety Improvement Program project match) Reversion to gravel roads for select roads Reactive versus Proactive culvert repair – sinkholes We will not fill the Traffic Safety Investigator second position Longer time to restore storm damage to roads – one lane sections to remain for years (reduced service level expectation) Grant Program scaled back. Loss of additional revenue. Do not invest road funds into the Clean Water Program (impacts to street sweeping, trash capture, and cleanups). Possible fines of $10,000 per day. September 25, 2018 BOS Minutes 73 Other Information The issue of SB1 funding and Proposition 6 is a complicated one. We have provided the Board of Supervisors information on what we have been able to accomplish in the 1 ½ years since SB1 has been implemented. Public Works continues to gear up the process to push the SB1 funds out to construction as fast as possible. As the program matures, the growing number of improvements will provide benefits to the public in terms of better pavements, less congestion, safer roads, and more options in travel modes. There are many questions that are being debated. We have attached a Frequently Asked Questions and Answers document provided by the California Engineers Association of California and the California State Association of Counties. In addition to this document, we are including the following information for your use: PowerPoint Presentation: Update on SB1 Project Implementation and Possible Impacts of Prop 6 on the Road Program (BOS September 25, 2018 meeting).1. SB1: The Road Repair & Accountability Act of 2017 Frequently Asked Questions & Answers2.Estimated Revenues for the 58 Counties from SB1 and subset of RMRA funds.3.American Road & Transportation Builders Association article on economic impact of SB14.Maintaining and Operating the Local Streets and Roads Network – It’s not just about pavement5.Proposition 6: Voter Approval for Increases in Gas and Car Tax (SB1 Repeal) County Educational Tool Kit Analysis6.The Why and How SB1 Funds Are Guaranteed for Transportation – A Brief History on Constitutional Protection for Transportation Funding7. County of Contra Costa Impacts of Prop. 6 on Pavement Conditions – prepared by NCE8. CONSEQUENCE OF NEGATIVE ACTION: If the Board of Supervisors does not accept the report, the public will have less information on the progress the County has made to date with SB1 – RMRA funds and the knowledge of what County projects and programs are at risk should Proposition 6 pass in November. CHILDREN'S IMPACT STATEMENT: If Proposition 6 passes, it will be more difficult to fund implementation of Safe Routes to School projects and address the safety issues of children riding their bikes and walking to school using the County road network. (Children’s Report Card Outcome #2 – Youth Are Healthy and Preparing for Adulthood; Physical Fitness, and Outcome #4 – Families and Communities Are Safe: Injury Hospitalizations) ATTACHMENTS SB1 BOS Presentation SB1 Road Repair & Accountability Act of 2017 Estimated Revenue for 58 Counties Economic Impact of SB1 article Maintaining & Operating the Local Streets & Road Network Prop 6 - County Educational Took Kit Analysis Why & How SB1 CCC impacts of Prop 6 on pavement conditions September 25, 2018 BOS Minutes 74 September 25, 2018 BOS Minutes 75 Presentation Outline Define Terms Road Program Funding Why the Need? SB1 Projects Implementation Update What’s at Risk? Options if Prop 6 Successful Links to Additional Information 2 September 25, 2018 BOS Minutes 76 What is Gas Tax, SB1, and Prop 6? Gas Tax: User based tax to maintain, operate, and improve the State’s transportation network. SB1 – Senate Bill 1: Raised gas tax and vehicle registration fees to fund transportation improvements and indexed tax to keep pace with inflation Proposition 6: If successful, it would repeal the new gas tax and registration fees and change the voting threshold for any future transportation related tax 3 September 25, 2018 BOS Minutes 77 How we fund the Road Program Other: •Measure J return to source sales tax •Measure J regional funds •Developer Impact Fees •State Match funds Grant Return on Investment Grants Awarded/Staff Expenditures ~30:1 ROI Grant funds & Fees/Gas Tax Match ~5:1+ ROI (avg.) 4 September 25, 2018 BOS Minutes 78 SB1 - Understanding the need Two Main Reasons behind SB1 1.Documented FACT that roads were deteriorating, maintenance backlog was growing, and revenue was not adequate ○Maintenance Backlog - $7.3 billion Local Streets and Roads, $5.7 billion State Freeways and Highways ○County’s current maintenance backlog is $88.6 million www.savecaliforniastreets.org Source: Statewide Local Streets and Roads Needs Assessment (first report 2008 to educate legislators on the need. Most recent update in 2016 showed the continuing trend of need) 2.Gas Tax was, and to a lesser extent still is, a Declining Revenue Source 5 September 25, 2018 BOS Minutes 79 Deteriorating Conditions 6 September 25, 2018 BOS Minutes 80 Condition of County Roads 7 September 25, 2018 BOS Minutes 81 Deteriorating Conditions At-Risk or At the edge of a cliff… 71 - Unincorporated Contra Costa County 65 - State Average PCI 8 September 25, 2018 BOS Minutes 82 Benefits of Preventative Maintenance 9 September 25, 2018 BOS Minutes 83 Declining Revenue Source Gas tax was and continues to be a declining revenue source No Adjustment for Inflation prior to SB1 More Fuel Efficient Vehicles and more Electric Vehicles – good, but impacts revenue The 18-cent per gallon tax set in 1994 is currently worth about 9-cents when adjusted for inflation and mileage 10 September 25, 2018 BOS Minutes 84 Accounting for Inflation SB1 returned buying power of the gas tax to match inflation since 1994 11 September 25, 2018 BOS Minutes 85 Impact of Fuel Efficiency 12 September 25, 2018 BOS Minutes 86 SB1 Project Implementation Clearing our inventory of delayed projects Preventative maintenance Emergency projects Complete Streets implementation (Bike/Ped Safety) Safety projects SB1 Transparency Requirements Expenditure plans and actual expenditures available on California Transportation Commission website Transportation Water & Infrastructure April Meeting “That’s a lot of projects…will you complete them all this summer?”…”They will all be completed by December 2018.” 13 September 25, 2018 BOS Minutes 87 Morgan Territory Road Slide Repair – Storm Damage 2017 – completed in 9 months 14 September 25, 2018 BOS Minutes 88 Alhambra Valley Road Washout – Storm Damage 2017 – completed in 9 months 15 September 25, 2018 BOS Minutes 89 Bay Point/Walnut Creek/Martinez Rubber Cape Seal – 26 miles of road resurfaced 16 September 25, 2018 BOS Minutes 90 Pomona Street Pedestrian Safety Project – adjacent to two schools 17 September 25, 2018 BOS Minutes 91 Tara Hills Pedestrian Infrastructure – Improving access 18 September 25, 2018 BOS Minutes 92 Pedestrian Crossing Enhancements – Countywide – Improving safety at schools 19 September 25, 2018 BOS Minutes 93 Blackhawk Road Bike Lanes – First use of high visibility green paint for critical zones Before After After After 20 September 25, 2018 BOS Minutes 94 Rio Vista Elementary School Connection – first use of porous concrete! 21 September 25, 2018 BOS Minutes 95 Bay Point Sign Upgrade 22 September 25, 2018 BOS Minutes 96 Morgan Territory Road Bridges – Secondary route for Morgan Territory Residents 23 September 25, 2018 BOS Minutes 97 Tice Valley Linear Park/Transportation Improvements 24 September 25, 2018 BOS Minutes 98 Orwood Road Culvert Repair 25 September 25, 2018 BOS Minutes 99 Chip Seal 2018 – Resurfaced ~43 miles of roads 26 September 25, 2018 BOS Minutes 100 Drainage Maintenance & Pavement Patching Pavement Fabric Patching Culvert Replacement Pavement Repairs Drainage Maintenance 27 September 25, 2018 BOS Minutes 101 What’s At Risk if Prop 6 is successful? Impact to Revenue: Unincorporated Contra Costa County ○FY2019-20 - $21,820,000 annual loss FY2026-27 - $33,010,000 annual loss ○Prop 6 also reverts the sales tax portion of the gas tax to the historic low of 9.8 cents ○$245,179,000 loss over the next 10 years ○Loss of leveraging ability to seek federal and state grants Contra Costa including Cities ○$517,220,000 loss over the next 10 years 28 September 25, 2018 BOS Minutes 102 What’s At Risk if Prop 6 is successful? Projects/Programs at-risk – currently being evaluated Projects(3-year outlook): Kirker Pass Road Truck Climbing Lane Vasco Road and Byron Highway Improvements Appian Way/San Pablo Dam Road Improvements Norris Canyon Road Safety Improvements Route 239 – Vasco Road/Byron Highway Connector Project Baily Road/SR4 Interchange Improvements Marsh Creek Road Safety Improvements Camino Tassajara Bike Lane Gap Closure Countywide Guardrail Upgrade Parker Avenue Sidewalk and Pedestrian Crossing Marsh Creek Road Bridge Replacement (bridge 143 & 145) Bel Air Trail Crossing Safety Improvements Marsh Drive Bridge Replacement Project Fred Jackson Way, First Mile/Last Mile Connection Project Byron Highway Bridge Replacement Ability to respond to emergencies – slides, sinkholes, etc. (e.g. Morgan Territory Rd. and Alhambra Valley Rd.) 29 September 25, 2018 BOS Minutes 103 What’s At Risk if Prop 6 is successful? Projects/Programs at-risk – currently being evaluated Programs: Annual Surface Treatment Program Annual Culvert Replacement Program Bridge Repair and Replacement Program Complete Streets Implementation Neighborhood Traffic Management Program Traffic Safety Investigations Curb Ramp Program Grant Program Developer Impact Fee Program 30 September 25, 2018 BOS Minutes 104 Other Contra Costa Projects at Risk (Caltrans, CCTA, Transit) SB1 Formula Funds Caltrans – I-80 Repaving $76.8 million CCTA – SR4/680 Interchange $20.5 million BART with AC Transit $21.4 million Tri Delta, West CAT, County Connection $815k State Transportation Improvement Program $1.9 million/year Local Partnerships for “self help” counties and cities $2.4 million/year CCTA, $100k each to Orinda, El Cerrito, Martinez SB1 Competitive Funds 680/4 Phase 3 $33.6 million Bike/Ped Projects $1.5 million Planning Studies $800k Source: CCTA SB-1 The Road Repair and Accountability Act of 2017 presentation 31 September 25, 2018 BOS Minutes 105 Options being evaluated if SB1 repealed (If Prop 6 is successful) Eliminate network “improvements” (adding assets like bike lanes, sidewalks, additional lanes, etc.). Any capital improvement project that would add to the cost of operations would not be considered unless it is a well documented safety issue. If we don’t have the funds to maintain what we already have, it would be irresponsible to add to that maintenance burden with additional or expanded facilities. 32 September 25, 2018 BOS Minutes 106 Options being evaluated if SB1 repealed (If Prop 6 is successful) Focus maintenance on roads currently in good condition. Don’t invest in failed roads (reduce service level expectation). No congestion relief projects (typically require expanding the network) Safety projects will be reduced (HSIP project match) Reversion to gravel roads for select roads Reactive versus Proactive culvert repair – sinkholes We will not fill the Traffic Safety Investigator second position Longer time to restore storm damage to roads – one lane sections to remain for years (reduced service level expectation) Grant Program scaled back. Loss of additional revenue. 33 September 25, 2018 BOS Minutes 107 Frequently asked questions… Will any of the SB1 funding go into the State’s General Fund? No funding from SB1 goes into the General Fund. Revenues go directly into transportation accounts and are constitutionally protected. Will SB1 fund High-Speed Rail? No funds raised from SB1 will be used to fund High-Speed Rail. Will any of SB1 revenues be used to pay back old transportation loans? No. All outstanding transportation loans are being repaid by the General Fund. All loans will be repaid by 2020. Additional Frequently Asked Questions are included with the staff report 34 September 25, 2018 BOS Minutes 108 Additional Education Information Rebuilding California http://rebuildingca.ca.gov/ California Transportation Commission http://www.catc.ca.gov/programs/sb1/ Save California Streets www.savecaliforniastreets.org 35 September 25, 2018 BOS Minutes 109 Questions? 36 September 25, 2018 BOS Minutes 110 September 25, 2018 BOS Minutes 111 September 25, 2018 BOS Minutes 112 September 25, 2018 BOS Minutes 113 September 25, 2018 BOS Minutes 114 September 25, 2018 BOS Minutes 115 September 25, 2018 BOS Minutes 116 September 25, 2018 BOS Minutes 117 September 25, 2018 BOS Minutes 118 September 25, 2018 BOS Minutes 119 September 25, 2018 BOS Minutes 120 September 25, 2018 BOS Minutes 121 September 25, 2018 BOS Minutes 122 September 25, 2018 BOS Minutes 123 September 25, 2018 BOS Minutes 124 September 25, 2018 BOS Minutes 125 September 25, 2018 BOS Minutes 126 September 25, 2018 BOS Minutes 127 September 25, 2018 BOS Minutes 128 September 25, 2018 BOS Minutes 129 September 25, 2018 BOS Minutes 130 September 25, 2018 BOS Minutes 131 September 25, 2018 BOS Minutes 132 September 25, 2018 BOS Minutes 133 September 25, 2018 BOS Minutes 134 September 25, 2018 BOS Minutes 135 September 25, 2018 BOS Minutes 136 September 25, 2018 BOS Minutes 137 September 25, 2018 BOS Minutes 138 September 25, 2018 BOS Minutes 139 September 25, 2018 BOS Minutes 140 September 25, 2018 BOS Minutes 141 September 25, 2018 BOS Minutes 142 September 25, 2018 BOS Minutes 143 September 25, 2018 BOS Minutes 144 September 25, 2018 BOS Minutes 145 September 25, 2018 BOS Minutes 146 September 25, 2018 BOS Minutes 147 September 25, 2018 BOS Minutes 148 September 25, 2018 BOS Minutes 149 September 25, 2018 BOS Minutes 150 September 25, 2018 BOS Minutes 151 September 25, 2018 BOS Minutes 152 September 25, 2018 BOS Minutes 153 September 25, 2018 BOS Minutes 154 September 25, 2018 BOS Minutes 155 September 25, 2018 BOS Minutes 156 RECOMMENDATION(S): 1. OPEN the public hearing on Ordinance No. 2018-27 and Ordinance No. 2018-28, ACCEPT public testimony, and CLOSE the hearing; 2. DETERMINE that adoption of Ordinance No. 2018-27 and Ordinance No. 2018-28 is exempt from environmental review under the California Environmental Quality Act (CEQA) pursuant to Business and Professions Code section 26055(h) (commercial cannabis activities) and pursuant to CEQA Guidelines section 15061(b)(3) (personal cannabis cultivation); 3. ADOPT Ordinance No. 2018-27 to regulate vertically integrated cannabis businesses in the unincorporated County and prohibit all commercial cannabis activities in the Knightsen area; 4. ADOPT Ordinance No. 2018-28 to rezone the Knightsen area into the Cannabis Exclusion (-CE) combining district prohibiting the establishment of commercial cannabis uses; APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 09/25/2018 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Karen Mitchoff, District IV Supervisor ABSENT:Diane Burgis, District III Supervisor Federal D. Glover, District V Supervisor Contact: Ruben Hernandez, 925-674-7785 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: September 25, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: D.8 To:Board of Supervisors From:John Kopchik, Director, Conservation & Development Department Date:September 25, 2018 Contra Costa County Subject:Cannabis Ordinance Clean-Up and Rezoning of Knightsen into Cannabis Exclusion (-CE) Combining District September 25, 2018 BOS Minutes 157 RECOMMENDATION(S): (CONT'D) 5. DIRECT the Director of Conservation and Development, or designee, to file the CEQA Notice of Exemption with the County Clerk-Recorder. FISCAL IMPACT: There are no direct fiscal impacts associated with this Board recommendation. Overall, the current department cost in staff time and materials for preparation of the County Cannabis Ordinance is approximately $270,000. The expense for preparation of the ordinance is included in the department budget. According to the County Administrator's Office, if the county cannabis tax measure is approved by County voters in November, potential annual general fund revenues from the cannabis tax could be in the $1.7-$4.4 million range. BACKGROUND: This is a "clean-up" of the Cannabis Ordinance as approved by the Board on June 26, 2018. The clean-up will amend Chapter 84-86 of the County Cannabis Ordinance Code to include the unincorporated Knightsen area in the Cannabis Exclusion (-CE) Combining District. This ordinance also amends Chapter 88-28 of the Ordinance Code to provide that a land use permit issued for a vertically-integrated business that includes both storefront retail and commercial cultivation will count toward the 4-permit limit for storefront retail but will not count towards the 10-permit limit for commercial cultivation. This ordinance also requires cannabis delivery businesses located outside of unincorporated Contra Costa County to possess a current County health permit. This ordinance will become operative on the effective date of the Contra Costa County Cannabis Business Tax Ordinance only if the tax ordinance is approved by a majority of voters voting on the tax ordinance at the November 6, 2018, general election. I. KNIGHTSEN REZONING TO CANNABIS EXCLUSION (-CE) COMBINING DISTRICT At the June 26, 2018 hearing on adoption of the Cannabis Ordinance, Supervisor Burgis expressed concern regarding the potential to establish commercial cannabis uses in the Knightsen area. The Knightsen community expressed their opposition to allowing the establishment of commercial cannabis activities within their community during the public outreach process for the cannabis ordinance. The purpose of the Cannabis Exclusion (-CE) combining district was to ensure that commercial cannabis businesses/operations (commercial cultivation, sales, manufacturing, testing and distribution) are not established in remote areas where law enforcement, fire protection code enforcement presence is limited and response times are longer. Knightsen is a mostly rural community located in eastern Contra Costa County, south of Oakley and east of the City of Brentwood. The majority of Knightsen is zoned for agricultural use, with the exception being the area of the original Knightsen Townsite located between 2nd Street, Delta Road and Knightsen Avenue, and the Atchison Topeka & Santa Fe railroad property located across Knightsen Avenue. The properties within the Knightsen Townsite along the western side of Knightsen Avenue are zoned Retail Business (R-B) and the AT&SF RR property is zoned Commercial (C) meaning that those properties may be eligible for certain commercial cannabis uses under the new cannabis ordinance. In order to prevent the potential establishment of commercial cannabis uses on any of the properties in Knightsen within the Retail-Business (R-B) zoning district, or any other compatible zoning districts, the area of Knightsen shown on the attached maps will be rezoned to the Cannabis Exclusion (-CE) Combining District. II. VERTICALLY INTEGRATED BUSINESSES WITH STOREFRONT The amended ordinance also provides clarification of Section 88-28.402(c)(4) in Chapter 88-28, which currently counts vertically integrated businesses which include commercial cultivation and retail sales September 25, 2018 BOS Minutes 158 towards the 10-permit commercial cultivation limit. The revision clarifies that vertically integrated businesses which include commercial cultivation and storefront retail will not count towards the commercial cultivation limit of 10 permits but will count towards the storefront retailer limit of 4 permits. III. CANNABIS DELIVERY HEALTH PERMIT REQUIREMENT The ordinance will also be amended to include the requirement that a health permit be obtained from the County Health Department for cannabis delivery businesses operating from outside the County. Section 88-28.406(b)(2)(A) of the Cannabis Ordinance will be revised to require that licensed and permitted cannabis delivery businesses located outside the County be required to obtain a County business license and a current County health permit issued under Chapter 413-4 of the County Code. The original section of the ordinance only required a County business license, but subsequent to adoption of the Cannabis Ordinance by the Board in June 2018, a County Cannabis Health Ordinance was adopted by the Board of Supervisors on July 24, 2018 that included a permit requirement for cannabis delivery businesses operating from outside the County. CONSEQUENCE OF NEGATIVE ACTION: If the changes to the County Cannabis Ordinance are not approved Knightsen will not be rezoned into the Cannabis Exclusion Combining District, vertically integrated businesses with a storefront and cultivation will be counted toward the commercial cultivation cap and storefront cap, and health permits will not be required for delivery businesses operating outside the County. ATTACHMENTS Cannabis Update Ord. No. 2018-27 Knightsen Ordinance Map(Ord. No. 2018-28) Knightsen Assessor's Map Knightsen Vicinity Map Knightsen Zoning Map September 25, 2018 BOS Minutes 159 ORDINANCE NO. 2018-27 (Cannabis Regulation) 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 1. Summary. This ordinance amends Chapter 84-86 of the Ordinance Code to include the unincorporated Knightsen area in the Cannabis Exclusion (-CE) Combining District. This ordinance also amends Chapter 88-28 of the Ordinance Code to provide that a land use permit issued for a vertically-integrated business that includes both storefront retail and commercial cultivation will not count towards the 10-permit limit for commercial cultivation. This ordinance also requires cannabis delivery businesses located outside of unincorporated Contra Costa County to possess a current County health permit. This ordinance will become operative on the effective date of the Contra Costa County Cannabis Business Tax Ordinance only if the tax ordinance is approval by a majority of voters voting on the tax ordinance at the November 6, 2018, general election. SECTION 2. Section 84-86.204 in Chapter 84-86 of this code is amended to read: 84-86.204 Applicability. The cannabis exclusion (-CE) combining district applies to all property in all zoning districts in the following communities and geographic areas of the county. (a) Bethel Island. (b) Sandmound Slough. (c) Saranap. (d) Acalanes Ridge. (e) Alamo. (f) Contra Costa Centre. (g) Knightsen. (Ord. 2018-27, § 2; Ord 2018-18, § 4.) SECTION 3. Subsection 88-28.402(c)(4) in Chapter 88-28 of this code is amended to read: (4) A permit issued for a vertically-integrated business that authorizes both (A) a storefront retailer under Section 88-28.412, and (B) commercial cultivation under Section 88-38.414, does not count toward the commercial cultivation 10-permit September 25, 2018 BOS Minutes 160 limit in subsection (c)(2). Except as specifically provided in the preceding sentence or elsewhere in this Section 88-28.402(c), a permit issued for a vertically-integrated business counts toward the permit limit for each commercial cannabis activity involved in the vertically-integrated business. (Ord. 2018-27, § 3; Ord 2018-18, § 3.) SECTION 4. Subsection 88-28.406(b)(2)(A) in Chapter 88-28 of this code is amended to read: (A) The business possesses both (i) a current County business license, and (ii) a current County health permit issued under Chapter 413-4 of this code. (Ord. 2018-27, § 4; Ord 2018-18, § 3.) SECTION 5. Effective Date and Operative Date; Publication. This ordinance becomes effective, but not operative, 30 days following its adoption by the Board of Supervisors. This ordinance will become operative on the effective date of the Contra Costa County Cannabis Business Tax Ordinance only if the tax ordinance is approved by a majority of voters voting on the tax ordinance at the November 6, 2018, general election. Within 15 days after passage this ordinance shall be published in the East Bay Times, a newspaper published in this County, in a manner satisfying the requirements of Government Code section 25124, with the names of supervisors voting for an against it. PASSED on ___________________________ by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: DAVID J. TWA ____________________________ Clerk of the Board of Supervisors Board Chair and County Administrator By: ____________________________ [SEAL] Deputy SMS H:\Client Matters\Cons & Dev\Ordinances\Marijuana\Ordinance 2018-27 - BOS.docxx September 25, 2018 BOS Minutes 161 Delta Rd K n i g h t s e n A v e 2nd St A St Curlew Connex First St Vine Rd A-2 A-2 C, -X R-6,-UE R- B R-10,-UE C A-2, -X A-2, -X ORDINANCE NO._____________ (Re-Zoning Land in the __________________________ Area) The Contra Costa County Board of Supervisors ordains as follows: Page ________________ of the County's 2005 Zoning Map (Ord. No. 2005-03) is amended byre-zoning the land in the above area shown shaded on the map(s) attached hereto and incorporated herein (see also Department of Conservation and Development File No. _____________________ .) FROM: Land Use District ______________ (_______________________________________) TO: Land Use District ______________ (_______________________________________) and the Department of Conservation and Development Director shall change the Zoning Map accordingly, pursuant to Ordinance Code Sec. 84.2.002. Supervisor SECTION I: Aye No Absent Abstain 1. J. Gioia ( ) ( ) ( ) ( ) 2. C. Andersen ( ) ( ) ( ) ( ) 3. D. Burgis ( ) ( ) ( ) ( ) 4. K. Mitchoff ( ) ( ) ( ) ( )5. F.D. Glover ( ) ( ) ( ) ( ) ATTEST: David Twa, County Administratorand Clerk of the Board of Supervisors __________________________________________________ Chairman of the BoardBy__________________________________, Dep. (SEAL) ORDINANCE NO._____________ RZ18-3246 - Cannabis Exclusion combining district 2018 - 28 Knightsen J-26 & J-27 RZ18-3246C,C -X,R-BC -CE,C -CE -X R-B -CE (Commercial)(Retail Business)(Commercial - Railroad Corridor Combining District)(Commercial - Cannabis Exclusion Combining District)(Commercial - Cannabis Exclusion Combining District - Railroad Corridor Combining District)(Retail Business - Cannabis Exclusion Combining District) 2018 - 28 This ordinance becomes effective, but not operative, 30 days following its adoption by the Board of Supervisors. This ordinance will become operative on the effective date of the Contra Costa County Cannabis Business Tax Ordinance only if the tax ordinance is approved by a majority of voters voting on the tax ordinance at the November 6, 2018, general election. Within 15 days after passage this ordinance shall be published in the East Bay Times, a newspaper published in this County, in a manner satisfying the requirements of Government Code section 25124, with the names of supervisors voting for and against it. PASSED on ________________by the following vote: SECTION II. EFFECTIVE AND OPERATIVE DATE. C -X to C -CE September 25, 2018 BOS Minutes 162 ASSESSOR’S MAP CONTRA COSTA COUNTY,CALIF. BOOK PAGE20 07 ROAD K N I G H T S E N STREETSTREET 2NDRR 08 06 20 071 072 073 1961 ROLL 38/5 1 2 3 4 5 6 7 8 9 10 11 1 2 3 4 5678910 11 12 13 14 1 2 3 4 5 6 7 8 9 10 111213 14 15 3 2 1 071 072 073 11 13 12 15 14 10 09 07 08 01 02 03 05 06 03 04 05 07 08 06 09 1112 13 14 DELTA CONTRA COSTA COUNTY 3480 OR 173 10/23/5938’46’ 75 ’ 50 ’ 50 ’ 50 ’ 50 ’ 50 ’ 50 ’ 87 . 3 ’ 117.5’19.7’ 35 . 4 ’ 78.6’ 92’ 50 ’67 ’ 50 ’ 50 ’83.2’ 92’42 ’11.9111.8’N 4 8 ^ W NORTH64’71’ 95 . 6 ’ 74 . 7 ’ 126.5’50’50’76’176.2’ EAST 5.2’ 125’50’50’50’50’50’50’50’50’50’50NORTH25’25’16 125’ 125’ 50’ 50’50’ 50’50’50’ 5025100’100’100’46’50’25’25’ 25’16 EAST 100’76’ 125’50’25’25’50’50’50’50’76’76’86.10 88 . 2 ’ 77 . 7 ’ 59.5’1653.3 34’NORTH50’50’50’46.8’ 4.5 50 . 8 ’ 74 . 7 81’ 146.8’100’100’50’50’50’50’97’67 . 3 ’ 45 . 7 ’51.9’34’21.3’1650’38 13 8 ’ 137.4’ 34 . 3 92’ 50 50 ’ 25 25 50 25 25 50 ’ N 4 8 ^ W 50 ’ 52 ’ 92’ 57 . 8 0 52 ’ 50 ’ 10 1"=100’ A PURPOSES ONLY. NO LIABILITY IS ASSUMED FOR THE ACCURACY OF THE INFORMATION NOTE: THIS MAP WAS PREPARED FOR ASSESSMENT DELINEATED HEREON. ASSESSOR’S PARCELS MAY NOT COMPLY WITH LOCAL LOT SPLIT OR BUILDING SITE ORDINANCES. 50 STREET88 8 8 8 92’ 92’ 15 (A T & S F R R ) B N S F 7/16/09 12/10/04 MAP CORRECTION KNIGHTSEN TOWNSITE MB 17-381 8/10/1921 1 STA V E 04 September 25, 2018 BOS Minutes 163 0.1 THIS MAP IS NOT TO BE USED FOR NAVIGATION WGS_1984_Web_Mercator_Auxiliary_Sphere Miles0.1 Notes Contra Costa County -DOIT GIS Legend This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. 0.070 1:4,514 Knightsen -CE Rezoning Area City Limits Unincorporated Streets Board of Supervisors' Districts Water Bodies County Boundary Bay Area Counties Assessment Parcels September 25, 2018 BOS Minutes 164 0.1 THIS MAP IS NOT TO BE USED FOR NAVIGATION WGS_1984_Web_Mercator_Auxiliary_Sphere Miles0.1 Notes Contra Costa County -DOIT GIS Legend This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. 0.070 1:4,514 Knightsen - Zoning Map City Limits Unincorporated Streets Zoning R-6 (Single Family Residential) R-6 -FH (Single Family Residential - Flood Hazard Combining District) R-6, -FH -UE (Single Family Residential - Flood Hazard and Urban Farm Animal Exclusion Combining District) R-6 -SD-1 (Single Family Residential - Slope Density and Hillside Development Combining District) R-6 -TOV -K (Single Family Residential - Tree Obstruction of View Ordinance and Kensington Combining District) R-6, -UE (Single Family Residential - Urban Farm Animal Exclusion Combining District) R-6 -X (Single Family Residential - Railroad Corridor Combining District) R-7 (Single Family Residential) R-7 -X (Single Family Residential - Railroad Corridor Combining District) R-10 (Single Family Residential) R-10, -UE (Single Family Residential - Urban Farm Animal Exclusion Combining District) R-12 (Single Family Residential) R-15 (Single Family Residential) R-20 (Single Family Residential) R-20, -UE (Single Family Residential - Urban Farm Animal Exclusion Combining District) R-40 (Single Family Residential) R-40 -FH (Single Family Residential - Flood Hazard Combining District) R-40, -FH -UE (Single Family Residential - Flood Hazard and Urban Farm Animal Exclusion Combining District) R-40, -UE (Single Family Residential - Urban Farm Animal Exclusion Combining District) R-65 (Single Family Residential) R-100 (Single Family Residential) D-1 (Two Family Residential) D-1 -T (Two Family Residential - Transitional Combining District) September 25, 2018 BOS Minutes 165 RECOMMENDATION(S): DETERMINE that, based on the results of an engineering and traffic survey, a 25-mile-per-hour speed limit on a portion of Kenyon Avenue, approaching Kensington Hilltop Elementary School, is more than is reasonable or safe, and a 20-mile-per-hour prima facie speed limit is justified as the appropriate speed limit during school hours. ADOPT Traffic Resolution No. 2018/4477 to establish a school zone speed limit of 20 miles per hour for a portion of Kenyon Avenue (Road No. 1655AH), as recommended by the Public Works Director, Kensington area. FISCAL IMPACT: No fiscal impact. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 09/25/2018 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Karen Mitchoff, District IV Supervisor ABSENT:Diane Burgis, District III 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: September 25, 2018 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, Public Works Director/Chief Engineer Date:September 25, 2018 Contra Costa County Subject:Establish school zone speed limit on Kenyon Avenue (Road No. 1655AH), Kensington area. September 25, 2018 BOS Minutes 166 BACKGROUND: A resident requested lowering the existing 25 mile per hour speed limits approaching Kensington Hilltop Elementary School. The Traffic Safety Investigator conducted an investigation which included a site visit, observation of vehicle, bicycle and pedestrian activity. This area feature few formal sidewalks, and the roadways are narrow. It was determined an Engineering and Traffic Survey (E&TS) was required to support any potential reduction in the existing speed limit. On January 1, 2008, California Assembly Bill (AB) 321 went into effect allowing local jurisdictions, through an ordinance or resolution, to extend the 25 miles per hour prima facie speed limit in school zones from 500 feet to 1,000 feet from the school grounds and to reduce the speed limit to 15 to 20 miles per hour up to 500 feet from the school grounds, under certain conditions. California Vehicle Code (CVC) Section 22358.4 states the Board of Supervisors through adopted resolution, may reduce the speed limit on roads within 500 feet of a school to 15 or 20 miles per hour based on an E&TS. CVC Section 627 establishes provisions justifying the reduced speed limit must be documented in an engineering study with the following: crash records, highway conditions not readily apparent to the driver, residential density, and safety of pedestrians and bicyclists. When established, the 20 miles per hour school zone speed limit is in effect when children are present; which is generally during the periods when children are arriving at, or departing from school. An E&TS was subsequently conducted according to established traffic engineering standards. The factual findings of the survey determined this section of roadway had multiple unusual conditions; there is a high number of pedestrians, students and bicyclist traveling within the roadway during school hours. The crosswalk is unmonitored and used by elementary school aged children. There is no parking on the east side of Kenyon Avenue due to the roadway width. The critical speed (85th percentile) was found to be 19 miles per hour. Based on the results of the E&TS, Public Works recommends the establishment of a school zone speed limit of 20 miles per hour for a portion of Kenyon Avenue near Kensington Hilltop Elementary School. This speed limit is also consistent with proposed 20 mile per hour school zone speed limits on two other roadways (Highland Boulevard and Arlmont Drive) bordering Kensington Hilltop School boundaries. This action will allow the Kensington Police Department to enforce the school zone speed limit on portions of Kenyon Avenue. CONSEQUENCE OF NEGATIVE ACTION: The existing 25 mile per hour speed limit will remain. CHILDREN'S IMPACT STATEMENT: A 20 mile per hour school zone speed limit (when children are present) will alert motorists they are in a school zone. AGENDA ATTACHMENTS TR4477 MINUTES ATTACHMENTS Signed: Traffic Resolution No. 2018/4477 September 25, 2018 BOS Minutes 167 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Traffic Resolution on September 25, 2018 by the following vote: AYES: NOES: ABSENT: ABSTAIN: TRAFFIC RESOLUTION NO. 2018/4477 Supervisorial District I TRAFFIC RESOLUTION NO. 2018/4477 SUBJECT: Establish school zone speed limit on Kenyon Avenue (Road No. 1655AH), Kensington area. The Contra Costa County Board of Supervisors RESOLVES that: On the basis of an Engineering and Traffic Survey and 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 22358.4 (a) (1) of the California Vehicle Code, no vehicle shall travel in excess of 20 miles per hour during school hours (while children are present) on a portion of Kenyon Avenue (Road No. 1655AH), beginning 300 feet east of Kensington Hilltop Elementary School boundaries of Highland Boulevard (Road No. 1655AK), and extending south on Kenyon Avenue a distance of 200 feet, Kensington area. MS:sr Orig. Dept.: Public Works (Traffic) Contact: Monish Sen (925-313-2187) c: California Highway Patrol Sheriff’s Department Kensington Police Department I hereby certify that this is 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 September 25, 2018 BOS Minutes 168 September 25, 2018 BOS Minutes 169 RECOMMENDATION(S): DETERMINE that, based on the results of an engineering and traffic survey, a 25-mile-per-hour speed limit on a portion of Highland Boulevard, approaching Kensington Hilltop Elementary School, is more than is reasonable or safe, and a 20-mile-per-hour prima facie speed limit is justified as the appropriate speed limit during school hours. ADOPT Traffic Resolution No. 2018/4478 to establish a school zone speed limit of 20 miles per hour for a portion of Highland Boulevard (Road No. 1655BE), as recommended by the Public Works Director, Kensington area. FISCAL IMPACT: No fiscal impact. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 09/25/2018 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Karen Mitchoff, District IV Supervisor ABSENT:Diane Burgis, District III 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: September 25, 2018 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, Public Works Director/Chief Engineer Date:September 25, 2018 Contra Costa County Subject:Establish school zone speed limit on Highland Boulevard (Road No. 1655BE) Kensington area. September 25, 2018 BOS Minutes 170 BACKGROUND: A resident requested lowering the existing speed limits approaching Kensington Hilltop Elementary School. The Traffic Safety Investigator conducted an investigation which included a site visit, observation of vehicle, bicycle and pedestrian activity. This area features few formal sidewalks, and the roadways are narrow. It was determined an Engineering and Traffic Survey (E&TS) was required to support any reduction in the existing speed limit. On January 1, 2008, California Assembly Bill (AB) 321 went into effect allowing local jurisdictions, through an ordinance or resolution, to extend the 25 miles per hour prima facie speed limit in school zones from 500 feet to 1,000 feet from the school grounds and to reduce the speed limit to 15 to 20 miles per hour up to 500 feet from the school grounds, under certain conditions. California Vehicle Code (CVC) Section 22358.4 states the Board of Supervisors through adopted resolution, may reduce the speed limit on roads within 500 feet of a school to 15 or 20 miles per hour based on an E&TS. CVC Section 627 provisions justifying the reduced speed limit must be documented in an engineering study with the following: crash records, highway conditions not readily apparent to the driver, residential density, and safety of pedestrians and bicyclists. When established, the 20 miles per hour school zone speed limit is in effect when children are present; which is generally during the periods when children are arriving at, or departing from school. An E&TS was subsequently conducted according to established traffic engineering standards. The factual findings of the survey determined this section of roadway had multiple unusual conditions; there is a high number of pedestrians, students and bicyclist traveling within the roadway during school hours. There are no sidewalks at this location. The crosswalk is unmonitored and used by elementary school aged children. There is no parking on the northeast side of Highland Boulevard due to the roadway width. The critical speed (85th percentile) was found to be 16 miles per hour. Based on the results of the E&TS, Public Works recommends the establishment of a school zone speed limit of 20 miles per hour for a portion of Highland Boulevard near Kensington Hilltop Elementary School. This speed limit is also consistent with proposed 20 miles per hour school zone speed limits on two other roadways (Kenyon Ave. and Arlmont Drive) bordering Kensington Hilltop Elementary School boundaries. This action will allow Kensington Police Department to enforce the 20 mile per hour school zone speed limit on portions of Highland Avenue. CONSEQUENCE OF NEGATIVE ACTION: The existing 25 mile per hour speed limit will remain. CHILDREN'S IMPACT STATEMENT: A 20 mile per hour school zone speed limit (when children are present) will alert motorists they are in a school zone. AGENDA ATTACHMENTS TR4478 MINUTES ATTACHMENTS Signed: Traffic Resolution No. 2018/4478 September 25, 2018 BOS Minutes 171 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Traffic Resolution on September 25, 2018 by the following vote: AYES: NOES: ABSENT: ABSTAIN: TRAFFIC RESOLUTION NO. 2018/4478 Supervisorial District I TRAFFIC RESOLUTION NO. 2018/4478 SUBJECT: Establish school zone speed limit on Highland Boulevard (Road No. 1655BE), Kensington area. The Contra Costa County Board of Supervisors RESOLVES that: On the basis of an Engineering and Traffic Survey and 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 22358.4 (a) (1) of the California Vehicle Code, no vehicle shall travel in excess of 20 miles per hour during school hours (while children are present) on a portion of Highland Boulevard (Road No. 1655BE), beginning at Kensington Hilltop Elementary School boundaries and extending westerly a distance of 500 feet, Kensington area. MS:sr Orig. Dept.: Public Works (Traffic) Contact: Monish Sen (925-313-2187) c: California Highway Patrol Sheriff’s Department Kensington Police Department I hereby certify that this is 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 September 25, 2018 BOS Minutes 172 September 25, 2018 BOS Minutes 173 RECOMMENDATION(S): DETERMINE that, based on the results of an engineering and traffic survey, a 25-mile-per-hour speed limit on a portion of Arlmont Drive, approaching Kensington Hilltop Elementary School, is more than is reasonable or safe, and a 20-mile-per-hour prima facie speed limit is justified as the appropriate speed limit during school hours. ADOPT Traffic Resolution No. 2018/4479 to establish a school zone speed limit of 20 miles per hour for a portion of Arlmont Drive (Road No. 1655CL), as recommended by the Public Works Director, Kensington area. FISCAL IMPACT: No fiscal impact. BACKGROUND: A resident requested lowering the speed limits approaching Kensington Hilltop Elementary School. The Traffic Safety Investigator conducted an investigation which included a site visit, observation of vehicle, bicycle and pedestrian activity. This area features few formal sidewalks, and the roadways are narrow. It was determined APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 09/25/2018 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Karen Mitchoff, District IV Supervisor ABSENT:Diane Burgis, District III 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: September 25, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: C. 3 To:Board of Supervisors From:Brian M. Balbas, Public Works Director/Chief Engineer Date:September 25, 2018 Contra Costa County Subject:Establish school zone speed limit on Arlmont Drive (Road No. 1655CL) Kensington area. September 25, 2018 BOS Minutes 174 BACKGROUND: (CONT'D) an Engineering and Traffic Survey (E&TS) was required to support any reduction in the existing speed limit. On January 1, 2008, California Assembly Bill (AB) 321 went into effect allowing local jurisdictions, through an ordinance or resolution, to extend the 25 miles per hour prima facie speed limit in school zones from 500 feet to 1,000 feet from the school grounds and to reduce the speed limit to 15 to 20 miles per hour up to 500 feet from the school grounds, under certain conditions. California Vehicle Code (CVC) Section 22358.4 states the Board of Supervisors through adopted resolution, may reduce the speed limit on roads within 500 feet of a school to 15 or 20 miles per hour based on an E&TS. CVC Section 627 establishes provisions justifying the reduced speed limit must be documented in an engineering study with the following: crash records, highway conditions not readily apparent to the driver, residential density, and safety of pedestrians and bicyclists. When established, the 20 mile per hour school zone speed limit is in effect when children are present; which is generally during the periods when children are arriving at, or departing from school. An E&TS was subsequently conducted according to established traffic engineering standards. The factual findings of the survey determined this section of roadway had multiple unusual conditions; there is a high number of pedestrians, students and bicyclist traveling within the roadway during school hours. There are no sidewalks at this location. The crosswalk is unmonitored and used by elementary school aged children. There is no parking on the east side of Arlmont Drive due to the roadway width. The critical speed (85th percentile) was found to be 20 miles per hour. Based on the results of the E&TS, Public Works recommends the establishment of a school zone speed limit of 20 miles per hour for a portion of Arlmont Drive near Kensington Hilltop Elementary School. This speed limit is also consistent with proposed 20 mile per hour school zone speed limits on two other roadways (Highland Boulevard and Kenyon Ave.) bordering Kensington Hilltop Elementary School boundaries. This action will allow Kensington Police Department to enforce the 20 mile per hour school zone speed limit on portions of Arlmont Drive. CONSEQUENCE OF NEGATIVE ACTION: The existing 25 mile per hour speed limit will remain. CHILDREN'S IMPACT STATEMENT: A 20 mile per hour school zone speed limit (when children are present) will alert motorists they are in a school zone. AGENDA ATTACHMENTS TR4479 MINUTES ATTACHMENTS Signed: Traffic Resolution No. 2018/4479 September 25, 2018 BOS Minutes 175 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Traffic Resolution on September 25, 2018 by the following vote: AYES: NOES: ABSENT: ABSTAIN: TRAFFIC RESOLUTION NO. 2018/4479 Supervisorial District I TRAFFIC RESOLUTION NO. 2018/4479 SUBJECT: Establish school zone speed limit on Arlmont Drive (Road No. 1655CL), Kensington area. The Contra Costa County Board of Supervisors RESOLVES that: On the basis of an Engineering and Traffic Survey and 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 22358.4 (a) (1) of the California Vehicle Code, no vehicle shall travel in excess of 20 miles per hour during school hours (while children are present) on a portion of Arlmont Drive (Road No. 1655CL), beginning 100 feet west of Kensington Hilltop Elementary School boundaries of Highland Boulevard (Road No. 1655BE), and extending southwesterly on Arlmont Drive a distance of 400 feet, Kensington area. MS:sr Orig. Dept.: Public Works (Traffic) Contact: Monish Sen (925-313-2187) c: California Highway Patrol Sheriff’s Department Kensington Police Department I hereby certify that this is 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 September 25, 2018 BOS Minutes 176 September 25, 2018 BOS Minutes 177 RECOMMENDATION(S): DETERMINE that, based on the results of an engineering and traffic survey, a 25-mile-per-hour speed limit on a portion of Highland Boulevard, approaching Kensington Hilltop Elementary School, is more than is reasonable or safe, and a 20-mile-per-hour prima facie speed limit is justified as the appropriate speed limit during school hours. ADOPT Traffic Resolution No. 2018/4480 to establish a school zone speed limit of 20 miles per hour for a portion of Highland Boulevard (Road No. 1655AK), Kensington area. FISCAL IMPACT: No fiscal impact. BACKGROUND: A resident requested lowering the speed limits approaching Kensington Hilltop Elementary School. The Traffic Safety Investigator conducted an investigation which included a site visit, observation of vehicle, bicycle and pedestrian activity. This area features few formal sidewalks, and the roadways are narrow. It was determined APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 09/25/2018 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Karen Mitchoff, District IV Supervisor ABSENT:Diane Burgis, District III 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: September 25, 2018 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, Public Works Director/Chief Engineer Date:September 25, 2018 Contra Costa County Subject:Establish school zone speed limit on Highland Boulevard (Road No. 1655AK), Kensington area. September 25, 2018 BOS Minutes 178 BACKGROUND: (CONT'D) an Engineering and Traffic Survey (E&TS) was required to support any potential reduction in the existing speed limit. On January 1, 2008, California Assembly Bill (AB) 321 went into effect allowing local jurisdictions, through an ordinance or resolution, to extend the 25 miles per hour prima facie speed limit in school zones from 500 feet to 1,000 feet from school grounds and to reduce the speed limit to 15 to 20 miles per hour up to 500 feet from school grounds, under certain conditions. California Vehicle Code (CVC) Section 22358.4 states the Board of Supervisors through adopted resolution, may reduce the speed limit on roads within 500 feet of a school to 15 or 20 miles per hour based on an E&TS. CVC Section 627 established provisions justifying the reduced speed limit must be documented in an engineering study with the following: crash records, highway conditions not readily apparent to the driver, residential density, and safety of pedestrians and bicyclists. When established, the 20 mile per hour school zone speed limit is in effect when children are present; which is generally during the periods when children are arriving at, or departing from school. An E&TS was subsequently conducted according to established traffic engineering standards. The factual findings of the survey determined this section of roadway had multiple unusual conditions; there is a high number of pedestrians, students and bicyclist traveling within the roadway during school hours. There is an unimproved sidewalk at this location. The crosswalk is unmonitored and used by elementary school aged children. There is no parking on the west side of Highland Boulevard due to the roadway width. The critical speed (85th percentile) was found to be 21 miles per hour. Based on the results of the E&TS, Public Works recommends the establishment of a school zone speed limit of 20 miles per hour for a portion of Highland Boulevard near Kensington Hilltop Elementary School. This speed limit is also consistent with proposed 20 miles per hour school zone speed limits on two other roadways (Kenyon Ave. and Arlmont Drive) bordering Kensington Hilltop Elementary School boundaries. This action will allow Kensington Police Department to enforce the 20 mile per hour school zone speed limit on portions of highland Boulevard. CONSEQUENCE OF NEGATIVE ACTION: The existing 25 mile per hour speed limit will remain. CHILDREN'S IMPACT STATEMENT: A 20 mile per hour school zone speed limit (when children are present) will alert motorists they are in a school zone. AGENDA ATTACHMENTS TR4480 MINUTES ATTACHMENTS Signed: Traffic Resolution No. 2018/4480 September 25, 2018 BOS Minutes 179 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Traffic Resolution on September 25, 2018 by the following vote: AYES: NOES: ABSENT: ABSTAIN: TRAFFIC RESOLUTION NO. 2018/4480 Supervisorial District I TRAFFIC RESOLUTION NO. 2018/4480 SUBJECT: Establish school zone speed limit on Highland Boulevard (Road No. 1655AK), Kensington area. The Contra Costa County Board of Supervisors RESOLVES that: On the basis of an Engineering and Traffic Survey and 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 22358.4 (a) (1) of the California Vehicle Code, no vehicle shall travel in excess of 20 miles per hour during school hours (while children are present) on a portion of Highland Boulevard (Road No. 1655AK), beginning at Kensington Hilltop Elementary School boundaries and extending easterly a distance of 500 feet, Kensington area. MS:sr Orig. Dept.: Public Works (Traffic) Contact: Monish Sen (925-313-2187) c: California Highway Patrol Sheriff’s Department Kensington Police Department I hereby certify that this is 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 September 25, 2018 BOS Minutes 180 September 25, 2018 BOS Minutes 181 RECOMMENDATION(S): ADOPT Resolution No. 2018/495 declaring October 2018 as Creek and Channel Safety Awareness Month; and ACCEPT the following status report from the Public Works Department and the Contra Costa County Flood Control and Water Conservation District (FC District) on the Creek and Channel Safety Awareness Program (CCSAP); and DIRECT the Public Works Department and the FC District to continue with implementation and the annual campaign of a Countywide sustainable CCSAP, including a follow-up report to this Board in one year. FISCAL IMPACT: Annual notices, outreach, and maintenance of safety features for this year is estimated to cost $100,000 and will be funded by Flood Control Zone 3B. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 09/25/2018 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Karen Mitchoff, District IV Supervisor ABSENT:Diane Burgis, District III Supervisor Federal D. Glover, District V Supervisor Contact: Michelle Cordis, (925) 313-2381 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: September 25, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: David Twa, CAO, Thomas Geiger, County Counsel's Office, Sharon Hymes-Offord, Risk Management, Susan Shiu, CCTV, Mike Carlson, Deputy Chief Engineer, Carrie Ricci, Deputy Public Works Director, Tim Jensen, Flood Control, Michelle Cordis, Flood Control, Steve Padilla, Administrative Services, Catherine Windham, Flood Control C. 5 To:Contra Costa County Flood Control District Board of Supervisors From:Brian M. Balbas, Public Works Director/Chief Engineer Date:September 25, 2018 Contra Costa County Subject:Creek and Channel Safety Awareness Month and its Associated Program, Countywide. Project No. 7520-6B8311 September 25, 2018 BOS Minutes 182 BACKGROUND: On March 1, 2011, the Board of Supervisors directed the FC District to develop a sustainable and impactful outreach program to promote creek and channel safety throughout the County, after the drowning of two high school students in the Walnut Creek channel. In response, the FC District formed a CCSAP team that developed a strategy to achieve this goal. On October 4, 2011, the Board declared October 2011 as the first Creek and Channel Safety Awareness Month, accepted the status report from the FC District on the CCSAP, approved the implementation plan, and directed the FC District to continue with implementation and initiation of an annual campaign of a sustainable CCSAP, including a follow-up report to the Board in one year. Since then, the Board of Supervisors received and approved a status report on the Annual CCSAP and declared October as Creek and Channel Safety Awareness Month in the years 2012 through 2017. The Board of Supervisors also directed the FC District to continue with implementation and the annual campaign of a Countywide sustainable CCSAP, including a follow-up report to the Board in one year. This past year, we refreshed the warning stencils and signs in our facilities, completed the annual outreach to schools in fall, and worked with Walnut Creek Intermediate School to put on our annual Creek and Channel Safety Event. The annual event involved working with the leadership class to help develop and implement events for students that would raise student awareness of the “Stay Out, Stay Alive!” campaign. The highly successful program engaged hundreds of students in such activities as a poster competition, trivia contest, and demonstrations from Contra Costa Fire Protection District’s Swiftwater Rescue personnel. This occurred on October 25, 2017, and it received positive local news coverage. As in the past, several student posters were laminated and placed in prominent locations in downtown Walnut Creek to communicate their safety message through the winter. The Chief Engineer, FC District, recommends that the Board declare October 2018 as Creek and Channel Safety Awareness Month, accept the above report, and direct the Public Works Department and FC District to continue with implementation and the annual campaign of a Countywide sustainable CCSAP, including a follow-up report to this Board in one year. CONSEQUENCE OF NEGATIVE ACTION: If this Resolution is not adopted, members of the public may not receive important information about creek and channel safety. CHILDREN'S IMPACT STATEMENT: The FC District will continue to work with the schools and youth-based groups within the County to educate children about safety regarding creeks and flood control channels. AGENDA ATTACHMENTS Resolution No. 2018/495 MINUTES ATTACHMENTS Signed Resolution No. 2018/495 September 25, 2018 BOS Minutes 183 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and for Special Districts, Agencies and Authorities Governed by the Board Adopted this Resolution on 09/25/2018 by the following vote: AYE:3 John Gioia Candace Andersen Karen Mitchoff NO: ABSENT:2 Diane Burgis Federal D. Glover ABSTAIN: RECUSE: Resolution No. 2018/495 In The Matter Of: Declaring October 2018 as Creek and Channel Safety Awareness Month, Countywide. WHEREAS, various regional flood control channels were constructed in Contra Costa County to efficiently drain stormwater and runoff from within the cities and towns; and WHEREAS, in April 2010, a family lost a husband and son in the rain-swollen Walnut Creek Channel; and WHEREAS, in February 2011, two young men drowned in the same channel; and WHEREAS, on March 1, 2011, the Board of Supervisors directed the County Public Works Department and Contra Costa County Flood Control and Water Conservation District to pursue a sustainable outreach program to educate the public on the benefits and dangers of creeks and channels; and WHEREAS, continued education of the public about creeks and channels has been determined as the best way to keep citizens safe and avoid future tragedies; and WHEREAS, the Creek and Channel Safety Awareness Program is now being implemented Countywide with an annual declaration of October as Creek and Channel Safety Awareness Month to remind the public of the Program. NOW, THEREFORE, BE IT RESOLVED that the Contra Costa County Board of Supervisors hereby declares October 2018 as Creek and Channel Safety Awareness Month encouraging the public to be informed about the benefits and dangers of creeks and channels throughout Contra Costa County. Contact: Michelle Cordis, (925) 313-2381 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: September 25, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: David Twa, CAO, Thomas Geiger, County Counsel's Office, Sharon Hymes-Offord, Risk Management, Susan Shiu, CCTV, Mike Carlson, Deputy Chief Engineer, Carrie Ricci, Deputy Public Works Director, Tim Jensen, Flood Control, Michelle Cordis, Flood Control, Steve Padilla, Administrative Services, Catherine Windham, Flood Control September 25, 2018 BOS Minutes 184 September 25, 2018 BOS Minutes 185 RECOMMENDATION(S): APPROVE and AUTHORIZE the Chief Engineer, Contra Costa County Flood Control and Water Conservation District (FC District), or designee, to execute a contract amendment with Fugro USA Land, Inc. f/k/a Fugro Consultants, Inc. (Consultant), effective October 1, 2018, to extend the termination date from October 5, 2018 through October 5, 2019, with no change to the payment limit, to provide on-call seismic assessment services, Countywide. FISCAL IMPACT: This action is for an extension of time only. All costs associated with this on-call contract will not exceed $150,000 and will be funded by the FC District or Public Works Department under various project-specific activities. BACKGROUND: The FC District provides regional flood protection and environmental stewardship for over 70 miles of streams, six major dams, and 29 detention basins, Countywide. An important part of managing this infrastructure is assessing its ability to withstand various perils, such as earthquakes. As such, the FC District is initiating a seismic assessment program for its flood control dams and other hydraulic structures. The FC District, at times, requires additional temporary APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 09/25/2018 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Karen Mitchoff, District IV Supervisor ABSENT:Diane Burgis, District III Supervisor Federal D. Glover, District V Supervisor Contact: Michelle Cordis, (925) 313-2381 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: September 25, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: Mike Carlson, Deputy Chief Engineer, Michelle Cordis, Flood Control, Paul Detjens, Flood Control, Gus Amirzehni, Flood Control, Beth Balita, Finance, Catherine Windham, Flood Control C. 6 To:Contra Costa County Flood Control District Board of Supervisors From:Brian M. Balbas, Public Works Director/Chief Engineer Date:September 25, 2018 Contra Costa County Subject:Contract Amendment with Fugro USA Land, Inc. f/k/a Fugro Consultants, Inc., Countywide. Project No.: Various September 25, 2018 BOS Minutes 186 BACKGROUND: (CONT'D) services from persons specially trained, experienced, expert, and competent to perform professional engineering and technical services required for seismic assessment. For that reason, the FC District is entering into this contract amendment with Consultant. Under this contract amendment, Consultant will provide professional engineering and technical services relating to seismic assessment on an on-call basis for a variety of FC District projects throughout Contra Costa County. CONSEQUENCE OF NEGATIVE ACTION: Without the approval of the Board of Supervisors, the FC District will be unable to obtain on-call services for seismic assessments. September 25, 2018 BOS Minutes 187 RECOMMENDATION(S): APPROVE and AUTHORIZE the Director of Airports, or designee, to acquire one used Aircraft Rescue & Firefighting (ARFF) vehicle at a cost not to exceed $400,000 through either a purchase or a lease/purchase agreement with a maximum term of ten years, Byron area (District III). FISCAL IMPACT: There is no impact on the County General Fund. The total cost will be fully funded by the Airport Enterprise Fund. BACKGROUND: The Federal Aviation Administration (FAA) requires each Airport in the United States that holds aFederal Aviation Regulation Part 139 commercial airport certificate have Aircraft Rescue and Fire Fighting equipment and personnel capabilities. In Contra Costa County, this requirement currently applies only to Buchanan APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 09/25/2018 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Karen Mitchoff, District IV Supervisor ABSENT:Diane Burgis, District III Supervisor Federal D. Glover, District V Supervisor Contact: Russell Milburn, (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: September 25, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: C. 7 To:Board of Supervisors From:Keith Freitas, Airports Director Date:September 25, 2018 Contra Costa County Subject:Acquisition of Used Aircraft Rescue and Fire Fighting Vehicle September 25, 2018 BOS Minutes 188 BACKGROUND: (CONT'D) Field Airport. Until recently, the Public Works Department – Airports Division (Airport Division) has had two ARFF vehicles in service at Buchanan Field. One that had been in service for nine years and the other for 30 years. Just this month, the Airport acquired a third ARFF apparatus, a 27-year old vehicle that was acquired from Global ARFF for $175,000 including upgrades to extend its useful life. As a result of this acquisition, the Airport Division was able to relocate the 30-year old ARFF vehicle from Buchanan Field Airport to Byron Airport. The 30-year old vehicle that was just moved to Byron Airport is nearing the end of its useful life. The FAA does not have specific regulations regarding ARFF vehicle replacement, but the related FAA Advisory Circular states that, on average, ARFF vehicles have a 10 to 12-year service life. This board order will allow the Airport Division to acquire another used ARFF apparatus to replace the one now in service at Byron Airport. While Byron Airport does not have the same Federal requirement to maintain ARFF capabilities, the presence of the equipment provides the highest level of ARFF protection to tenants and may prove to be a major business/aircraft marketing advantage for the airport, helping it to meet its growth and development goals. New ARFF vehicles typically cost about $850,000. Given the high cost, the Airport Division believes acquiring a newer used vehicle is the most cost-effective replacement option. For that reason, the Airport Division proposes to continue to monitor the used ARFF market in order to locate and acquire a replacement for the 30-year-old vehicle now at Byron Airport. This process could take several years. The Aviation Advisory Committee, during its September 13, 2018 meeting, voted to support this recommendation. CONSEQUENCE OF NEGATIVE ACTION: If this acquisition is not approved, the Airport Enterprise Fund will continue to experience inconsistent service reliability and high maintenance/repair costs associated with the older ARFF vehicle at Byron Airport. Additionally, in the event of a major equipment failure, the Airport Enterprise Fund would likely not be able to financially support a replacement ARFF apparatus to Byron Airport, since the cost to rent a similar apparatus is approximately $6000 per month. This would result in the elimination of an ARFF unit at the Byron Airport. September 25, 2018 BOS Minutes 189 RECOMMENDATION(S): DENY claims filed by Ronald and Cherin Blanchard, Kyle Davis, Jesse and Tammy Esquivel, and Lenora Minkin. DENY late claim filed by Darcy Mathews and Darcy Maupin. FISCAL IMPACT: No fiscal impact. BACKGROUND: Ronald & Cherin Blanchard: Property claim for damage to fence in the amount of $5,640. Claimants’ fence in Martinez allegedly damaged by County vehicle. Kyle Davis: Personal injury claim for fall in an amount to be determined. Claimant alleges he suffered injuries when he tripped and fell on a hazard in Discovery Bay. Jesse & Tammy Esquivel: Personal injury claim for negligent prenatal, perinatal and neonatal care in the amount of $30,000,000. Claimants allege that medical malpractice by medical staff at CCRMC caused their daughter to suffer brain damage. Lenora Minkin: Property claim for damage to vehicle in the amount of $3,608.70. Darcy Mathews: Request that the Board of Supervisors accept a late claim. Claimant APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 09/25/2018 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Karen Mitchoff, District IV Supervisor ABSENT:Diane Burgis, District III 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: September 25, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: C. 8 To:Board of Supervisors From:David Twa, County Administrator Date:September 25, 2018 Contra Costa County Subject:Claims September 25, 2018 BOS Minutes 190 BACKGROUND: (CONT'D) alleges that she lost money she posted as bail for an inmate who was not transported to his arraignment by the Sheriff’s Office. Darcy Maupin: Request that the Board of Supervisors accept a late claim. Claimant alleges she was sexually harassed by a supervisor. September 25, 2018 BOS Minutes 191 RECOMMENDATION(S): DENY claim for property tax refund filed by Tobias Kahan on behalf of himself and all owners of real property in the City of Richmond. FISCAL IMPACT: No fiscal impact BACKGROUND: The claim purports to seeks a refund of property taxes in an undisclosed amount on behalf of all owners of real property in the City of Richmond for levies that were placed on the secured tax roll for municipal residential waste collection services. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 09/25/2018 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Karen Mitchoff, District IV Supervisor ABSENT:Diane Burgis, District III Supervisor Federal D. Glover, District V Supervisor Contact: Laura Strobel (925) 335-1091 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: September 25, 2018 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:September 25, 2018 Contra Costa County Subject:Deny claim for property tax refund filed by Tobias Kahan September 25, 2018 BOS Minutes 192 RECOMMENDATION(S): ACCEPT Board members meeting reports for August 2018. 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: 09/25/2018 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Karen Mitchoff, District IV Supervisor ABSENT:Diane Burgis, District III 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: September 25, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stephanie Mello, Deputy cc: C. 10 To:Board of Supervisors From:David Twa, County Administrator Date:September 25, 2018 Contra Costa County Subject:ACCEPT Board members meeting reports for August 2018 September 25, 2018 BOS Minutes 193 ATTACHMENTS District II August 2018 Report District IV August 2018 Report District III August 2018 Report September 25, 2018 BOS Minutes 194 Supervisor Candace Andersen – Monthly Meeting Report August 2018 Date Meeting Location 14 Board of Supervisors Martinez 15 Tri Valley Mayors Summit San Ramon 20 Alamo Liaison Meeting Danville 20 East Bay EDA Oakland 21 Your Parks Future Walnut Creek 21 Ag Policy Meeting Danville 22 CCCERA Concord 22 JPA Walnut Creek September 25, 2018 BOS Minutes 195 Date Meeting Name Location 1-Aug Meetng with Garaventa Enterprises Brentwood 1-Aug Meeting with Contra Costa Resource Conservation District Martinez 1-Aug Meeting with East Bay Regional Park District Martinez 1-Aug Mental Health Commission Meeting Pittsburg 2-Aug Constituent Meeting Brentwood 2-Aug Meetng with AirMap Brentwood 2-Aug Meeting with City of Brentwood Brentwood 2-Aug Tour of Byron Airport Brentwood 3-Aug Delta Counties Coalition Phone Meeting Brentwood 4-Aug Antioch Community Forum/Nightwalk-Ceasefire Event Antioch 6-Aug Non-Profit Round Table Meeting Brentwood 6-Aug Meeting with County Flood Control Brentwood 6-Aug Meeting with the District Attorneys' Association Brentwood 7-Aug Board of Supervisors Meeting Martinez 7-Aug Oakley National Night Out Oakley 7-Aug Brentwood National Night Out Brentwood 7-Aug Antioch National Night Out Antioch 8-Aug Constituent Meeting Antioch 8-Aug LAFCO Meeting Martinez 9-Aug Meeting with Antioch City Councilmember, Lori Ogorchock Brentwood 9-Aug Meeting with County Environmental Health Director, Marilyn Underwood Brentwood 9-Aug Meeting with Meals on Wheels Brentwood 9-Aug Brentwood Chamber of Commerce Mega Mixer Brentwood 9-Aug Transplan Meeting Antioch 13-Aug Legislative Committee Meeting Martinez 13-Aug Interview with KQED Martinez 13-Aug Meeting with County Administrator, David Twa Martinez 14-Aug Board of Supervisors Meeting Martinez 15-Aug Commanders Call Brentwood 15-Aug Meeting with the City of Brentwood and County Staff Brentwood 15-Aug Meeting with AFSCME 2700 Brentwood 15-Aug Delta Counties Coalition Phone Meeting Brentwood Supervisor Diane Burgis - August 2018 AB1234 Report (Government Code Section 53232.3(d) requires that members legislative bodies report on meetings attended for which there has been expense reimbursement (mileage, meals, lodging, etc). September 25, 2018 BOS Minutes 196 15-Aug Delta Counties Coalition Meeting with Santa Clara Valley Water District Courtland 16-Aug Interviews for the Bethel Island MAC Brentwood 16-Aug Meeting with Some Day Ranch Brentwood 17-Aug Delta Counties Coalition Phone Meeting Brentwood 20-Aug Delta 6 Meeting Brentwood 21-Aug Phone Meeting with Workplace Solutions Brentwood 22-Aug Meeting with Public Works Martinez 22-Aug Clerk-Recorder & Elections Department Event Martinez 22-Aug Meeting with Antioch City Councilmember, Lori Ogorchock Antioch 22-Aug Meeting with Tri-Delta Transit Staff Antioch 22-Aug Tri-Delta Transit Meeting Antioch 23-Aug Meeting with Fire Chief Carman Brentwood 23-Aug Tour of Three Creek Project Brentwood 23-Aug Meeting with Supervisor Federal Glover, County Homeless Division and City of Antioch Pittsburg 24-Aug Delta Counties Coalition Phone Meeting Brentwood 24-Aug Phone Meeting with Astra Space Brentwood 26-Aug Day in the Park Taylor Founation Livermore * Reimbursement may come from an agency other than Contra Costa County September 25, 2018 BOS Minutes 197 Purpose Business Meeting 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 Community Outreach Community Outreach Community Outreach Business Meeting Business Meeting Business Meeting Business Meeting Business Meeting Community Outreach Business Meeting Business Meeting Community Outreach Business Meeting Business Meeting Community Outreach Business Meeting Business Meeting Business Meeting Supervisor Diane Burgis - August 2018 AB1234 Report (Government Code Section 53232.3(d) requires that members legislative bodies report on meetings attended for which there has been expense reimbursement (mileage, meals, lodging, etc). September 25, 2018 BOS Minutes 198 Business Meeting Business Meeting Business Meeting Business Meeting Business Meeting Business Meeting Business Meeting Community Outreach Business Meeting Business Meeting Business Meeting Business Meeting Business Meeting Business Meeting Business Meeting Business Meeting Community Outreach * Reimbursement may come from an agency other than Contra Costa County September 25, 2018 BOS Minutes 199 Supervisor Karen Mitchoff August 2018 DATE MEETING NAME LOCATION PURPOSE 08/01/18 BAAQMD Board Meeting San FranciscoDecisions on agenda items 08/06/18 Pleasant Hill City Council Meeting Pleasant Hill Community Outreach 08/07/18 Board of Supervisors Meeting Martinez Decisions on agenda items 08/08/18 East Bay Leadership Council's State of the East Bay Lafayette Community Outreach 08/13/18 Legislation Committee Martinez Decisions on agenda items 08/14/18 Board of Supervisors Meeting Martinez Decisions on agenda items 08/15/18 DCC In-Person Meeting Courtland Water Advocacy 08/22/18 BART JPA Meeting Walnut Creek Decisions on agenda items September 25, 2018 BOS Minutes 200 APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 09/25/2018 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Karen Mitchoff, District IV Supervisor ABSENT:Diane Burgis, District III Supervisor Federal D. Glover, District V Supervisor Contact: Colleen Isenberg, 925-521-7100 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: September 25, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stephanie Mello, Deputy cc: C. 11 To:Board of Supervisors From:Karen Mitchoff, District IV Supervisor Date:September 25, 2018 Contra Costa County Subject:Gold Star Mother's Day September 25, 2018 BOS Minutes 201 AGENDA ATTACHMENTS Resolution No. 2018/487 MINUTES ATTACHMENTS Signed Resolution No. 2018/487 September 25, 2018 BOS Minutes 202 In the matter of:Resolution No. 2018/487 recognizing Sunday, September 30th as Gold Star Mother’s Day Whereas, Gold Star Mothers are those whose son or daughter died during active service in the United States military during a period of war or hostilities in which the Armed Forces of the United States were engaged; and Whereas, their child either died in combat, in a hospital, death by suicide, on a training mission or at home while on leave from service, and Whereas, the Gold Star Mothers are Moms, step-Moms, Grandmothers, Mother-in-Law, Guardians; and Whereas, becoming a Gold Star Mom is a distinction none of the mothers or families ever wanted, but they accept this recognition since they are proud of their children and their service; and Whereas, the tradition of the Gold Star began during World War I, where during the early days of the war blue star flags was hung in homes and business to honor an active duty member, as individuals were killed in combat a gold star was superimposed on the blue star to honor the individual for their sacrifice and eventually the moms of those with a gold star became known as the Gold Star Mothers; and Whereas, since then, Gold Star Mothers and families raise funds for veterans, active-duty service members and their families, as well as other Gold Star families; and Whereas, the Gold Star Mothers are active year-round and serve our veterans community by visiting veterans at the VA Martinez Outpatient Clinic and Center for Rehabilitation and Extended Care and letting them know they are honored and not forgotten, remembering them on their birthdays and holidays; and Whereas, they have also been supportive of the Veteran’s Court, sit on committees and boards which provide healing, training, coaching, recognition, counseling and career placement for our veterans; and Whereas, Gold Star Mothers are advocates: they meet with civic leaders and raise awareness of our nation’s current military men and women; and Whereas, since 1936, Gold Star Mother’s Day has been observed in the United States on the last Sunday of September each year. Now, Therefore, Be It Resolved that the Board of Supervisors of Contra Costa County recognizes Sunday, September 30 th as Gold Star Mother’s Day and honors our Gold Star Mothers for their work and service to the veterans, active military and their families in our community. September 25, 2018 BOS Minutes 203 ___________________ KAREN MITCHOFF Chair, District IV Supervisor ______________________________________ JOHN GIOIA CANDACE ANDERSEN District I Supervisor District II Supervisor ______________________________________ DIANE BURGIS FEDERAL D. GLOVER District III Supervisor District V Supervisor I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: September 25, 2018 David J. Twa, By: ____________________________________, Deputy September 25, 2018 BOS Minutes 204 September 25, 2018 BOS Minutes 205 APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 09/25/2018 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Karen Mitchoff, District IV Supervisor ABSENT:Diane Burgis, District III Supervisor Federal D. Glover, District V Supervisor Contact: Dominic Aliano, 925-608-4200 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: September 25, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stephanie Mello, Deputy cc: C. 12 To:Board of Supervisors From:Federal D. Glover, District V Supervisor Date:September 25, 2018 Contra Costa County Subject:Certificate of Recognition on the Occasion of the Retirement of Crockett-Carquinez Fire Department Chief Gerald Clifford Littleton September 25, 2018 BOS Minutes 206 AGENDA ATTACHMENTS Resolution No. 2018/490 MINUTES ATTACHMENTS Signed Resolution No. 2018/490 September 25, 2018 BOS Minutes 207 In the matter of:Resolution No. 2018/490 In the Matter of: Honoring Crockett-Carquinez Fire Protection District Department Fire Chief Gerald Clifford Littleton, Jr. on the occasion of his retirement from the District Whereas, Gerald Clifford Littleton was born in Oakland, CA, and raised in Crockett, CA; and Whereas, Gerald is an Army Veteran who served during the Vietnam War; and Whereas, Gerald joined the Crockett-Caruinez Fire Protection District in 1960 as a Junior Firefighter; and Whereas, Gerald became the Fire Chief for the Crockett-Carquinez Fire Protection District in 1979; and Whereas, Chief Littleton was responsible for the Crockett-Carquinez Fire Protection District continuing to modernize and keep-up with the vast changes in the fire service over the decades from training standards, to equipment and facilities, to dramatic shifts in firefighting, rescue, medical and mutual aid operations; and Whereas, Chief Littleton was the first Crockett-Carquinez Fire Protection District Chief to bring in women to the ranks; and Whereas, Chief Littleton was able to maintain the only pay-call fire department in Contra Costa County while at the same time experiencing a significant rise in total incidents. NOW, THEREFORE, BE IT RESOLVED that Board of Directors of the Crockett-Carquinez Fire Protection District hereby honor Crockett-Carquinez Fire Protection District Fire Chief Gerald Clifford Littleton, Jr. as an expression of our appreciation for his 58 years of dedicated service to the Crockett-Carquinez Fire Protection District and to extend our best wishes for further success in his future endeavors. ___________________ KAREN MITCHOFF Chair, District IV Supervisor ______________________________________ JOHN GIOIA CANDACE ANDERSEN District I Supervisor District II Supervisor ______________________________________ DIANE BURGIS FEDERAL D. GLOVER District III Supervisor District V Supervisor I hereby certify that this is a true and correct copy of an September 25, 2018 BOS Minutes 208 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: September 25, 2018 David J. Twa, By: ____________________________________, Deputy September 25, 2018 BOS Minutes 209 September 25, 2018 BOS Minutes 210 APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 09/25/2018 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Karen Mitchoff, District IV Supervisor ABSENT:Diane Burgis, District III 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: September 25, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stephanie Mello, Deputy cc: C. 13 To:Board of Supervisors From:Kathy Gallagher, Employment & Human Services Director Date:September 25, 2018 Contra Costa County Subject:Recognize September 23-29, 2018 as National Employ Older Workers Week September 25, 2018 BOS Minutes 211 AGENDA ATTACHMENTS Resolution No. 2018/493 MINUTES ATTACHMENTS Signed Resolution No. 2018/493 September 25, 2018 BOS Minutes 212 In the matter of:Resolution No. 2018/493 National Employ Older Workers Week WHEREAS, with the average and median age of the U.S. population is rising, and the composition of the workforce along with it; and WHEREAS, by 2020, it is estimated that workers 55 and over will make up 25 percent of the U.S. civilian WHEREAS, the United States is undergoing a demographic shift that is changing older Americans' relation to the workplace labor force, up from 13 percent in 2000; and WHEREAS, individual workers tend to remain in the workforce longer and retire later in life. The number of workers over the traditional retirement age of 65 is increasing, with projections this group will make up more than seven percent of the American labor force by 2020; and WHEREAS, in Contra Costa County, the rate of workers over the age of 65 is at 15 percent of the region’s workforce; and WHEREAS, employers rate older workers high on characteristics such as judgment, commitment to quality, attendance, and punctuality; and WHEREAS, National Employ Older Workers Week, recognizes the vital role of older workers in the workforce, and aims to increase awareness of this labor segment and develop innovative strategies to tap it; and WHEREAS, in Contra Costa County, the Senior Community Service Employment Program (SCSEP) provides on-the-job skills training to individuals 55 or older who have limited financial resources; and WHEREAS, the Agency Area on Aging within the Employment & Human Services Department administers SCSEP in Contra Costa County, in order to help seniors navigate the job search by assisting with resume writing, mock interviewing, demystifying application processes and developing soft skills; and WHEREAS, senior issues particularly impact women as those approaching retirement are living longer (an average of 20 years past age 65), have significantly less money saved (an average of $34,000), and face increasing costs, especially for health care (an average of $5,503 out-of-pocket expenses annually); and WHEREAS, the U.S. Labor Department statistics show the gender pay gap has women earning 21 percent less than men, a disparity that worsens among women of color. Lower pay means less money saved, both in personal retirement accounts and in Social Security benefits. Overall, women receive nearly $4,000 a year less in Social Security than men; and WHEREAS, according to the U.S. Department of Labor, African-American women and Latinas earn less from social security, assets, and pensions than do white women, and rely on Social Security for a larger portion of their income, and WHEREAS, recent estimates show that up to 20 percent of working women are also caring for an elderly loved one; and WHEREAS, employers have the opportunity to acknowledge the positive contributions of older American workers, and can create organizational climates that support this experienced workforce. September 25, 2018 BOS Minutes 213 Now, Therefore, Be It Resolved: that the Contra Costa County Board of Supervisors proclaims and acknowledges the week of September 23rd through 29th as National Older Workers Week which California has observed for nearly 60 years. ___________________ KAREN MITCHOFF Chair, District IV Supervisor ______________________________________ JOHN GIOIA CANDACE ANDERSEN District I Supervisor District II Supervisor ______________________________________ DIANE BURGIS FEDERAL D. GLOVER District III Supervisor District V Supervisor I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: September 25, 2018 David J. Twa, By: ____________________________________, Deputy September 25, 2018 BOS Minutes 214 September 25, 2018 BOS Minutes 215 RECOMMENDATION(S): REAPPOINT the following individual to the District IV seat on the Emergency Medical Care Committee (EMCC) to a two-year term to expire on September 30, 2020. Allan Tobias Walnut Creek, CA 94598 FISCAL IMPACT: None. BACKGROUND: The Contra Costa County Board of Supervisors (Authority), established the Contra Costa County EMCC (Resolutions 68/404, 77/637, 79/460 and by Board Order on February 24, 1998) in accordance with the California Health and Safety Code Division 2.5, Chapter 4, Article 3, to act in an advisory capacity to the Board and the County Health Services Director on matters relating to emergency medical services. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 09/25/2018 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Karen Mitchoff, District IV Supervisor ABSENT:Diane Burgis, District III Supervisor Federal D. Glover, District V Supervisor Contact: Lisa Chow, (925) 521-7100 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: September 25, 2018 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:Karen Mitchoff, District IV Supervisor Date:September 25, 2018 Contra Costa County Subject:REAPPOINT Allan Tobias to the District IV seat on the Emergency Medical Care Committee September 25, 2018 BOS Minutes 216 RECOMMENDATION(S): ACCEPT the resignations of Dr. Charlene Harlan-Ogbeide, DECLARE a vacancy in Local Committee San Pablo Seat on the Advisory Council on Aging, and of Ms. Anna Fehrenbach, DECLARE a vacancy in Local Committee San Ramon Seat on the Advisory Council on Aging, and DIRECT the Clerk of the Board to post the vacancies as recommended by the Employment and Human Services Department Director. FISCAL IMPACT: None BACKGROUND: Dr. Charlene Harlan-Ogbeide was appointed on May 8, 2018 to a seat that expires September 30, 2018. She resigned due to personal reasons. Ms. Anna Fehrenbach was appointed on May 23, 2017 to a seat that expires September 30, 2018. She resigned due to personal reasons. The Advisory Council on Aging (ACOA) provides county-wide planning, cooperation, and coordination for individuals and groups interested in improving and developing services and opportunities for older APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 09/25/2018 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Karen Mitchoff, District IV Supervisor ABSENT:Diane Burgis, District III Supervisor Federal D. Glover, District V Supervisor Contact: Elaine Burres 606-4960 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: September 25, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: C. 15 To:Board of Supervisors From:Kathy Gallagher, Employment & Human Services Director Date:September 25, 2018 Contra Costa County Subject:Advisory Council on Aging Resignations September 25, 2018 BOS Minutes 217 BACKGROUND: (CONT'D) residents of the County. ACOA provides leadership and advocacy on behalf of older persons and serves as a channel of communication and information on aging. CONSEQUENCE OF NEGATIVE ACTION: The Advisory Council on Aging may not be able to conduct routine business. September 25, 2018 BOS Minutes 218 RECOMMENDATION(S): Acting as the Governing Board of the Crockett-Carquinez Fire Protection District: 1. APPOINT Dean Colombo to the positions of Fire Chief with a monthly salary of $1,300 effective September 25, 2018. FISCAL IMPACT: The fiscal impact associated with this action will result in a net cost reduction of approximately $24,613 from salary and benefit savings. BACKGROUND: On August 17, 2018, Crockett-Carquinez Fire Protection District Fire Chief Gerald C. Littleton, Jr. retired after 59 years of service with the District, the last 39 of which were as the Fire Chief. In anticipation of Chief Littleton's retirement, the Crockett-Carquinez Citizen's Advisory Commission convened in April 2018 to determine a recommendation for a successor Fire Chief. Ultimately, the Commission recommended appointment of Mr. Dean Colombo, a 36 year veteran of the District, to be appointed as Fire APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 09/25/2018 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Karen Mitchoff, District IV Supervisor ABSENT:Diane Burgis, District III Supervisor Federal D. Glover, District V Supervisor Contact: Dominic Aliano, (925) 608-4200 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: September 25, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: C. 16 To:Board of Supervisors From:Federal D. Glover, District V Supervisor Date:September 25, 2018 Contra Costa County Subject:APPOINTMENT OF CROCKETT-CARQUINEZ FIRE PROTECTION DISTRICT FIRE CHIEF DEAN COLOMBO September 25, 2018 BOS Minutes 219 BACKGROUND: (CONT'D) Chief upon Chief Littleton's departure. Today's action appoints Mr. Colombo to the position of Fire Chief, effective today, consistent with the recommendation of the Citizen's Advisory Committee. CONSEQUENCE OF NEGATIVE ACTION: The position of Fire Chief will remain vacant pending appointment by the Board of Directors. September 25, 2018 BOS Minutes 220 RECOMMENDATION(S): ADOPT Resolution No. 2018/482 reaffirming an "Oppose" position on Proposition 6 - Repeal of SB1 [2017], elimination of transportation funding, and enact higher threshold for future fuel/vehicle taxes. FISCAL IMPACT: Taking the recommended position (Prop 6: OPPOSE) will not have any direct fiscal impact. Secondary impacts should Prop 6 pass have been detailed to the Board of Supervisors in other reports but, in summary, the County will lose an average of $26.6 million of road maintenance and improvements funding annually, from 2018-19 to 2026-27. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 09/25/2018 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Karen Mitchoff, District IV Supervisor ABSENT:Diane Burgis, District III Supervisor Federal D. Glover, District V Supervisor Contact: John Cunningham (925) 674-7833 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: September 25, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C. 17 To:Board of Supervisors From:John Kopchik, Director, Conservation & Development Department Date:September 25, 2018 Contra Costa County Subject:OPPOSE Proposition 6, Repeal of Senate Bill 1 (2017) the Road Repair & Accountability Act (transportation funding) September 25, 2018 BOS Minutes 221 BACKGROUND: February 2017: The Board of Supervisors (BOS) adopted a position of SUPPORT on Senate Bill 1 (Beall) Transportation Funding and Reform Package (the subject of the Prop 6 repeal effort) and sent a letter (attached) to the author and our delegation communicating that position. April 2018: The BOS adopted Resolution 2018/130 (attached) opposing Proposed Initiative 17-0033. Subsequent to that action, the proposal qualified to be on the November 2018 ballot and has been designated Proposition 6, the subject of this report. September 11, 2018: The BOS adopted an "Oppose" position, with summary background, on Proposition 6 along with a number of other advocacy positions related to November 2018 ballot measures. UPDATE This Board Order bolsters the September 11, 2018 action ("Oppose" Proposition 6) with additional details on the broad the implications of Proposition 6. In addition, approval of Resolution 2018/482 would respond affirmatively to a request to join the "No on Prop 6" coalition which, at the County level, is being coordinated by the California State Association of Counties. In a separate report at the September 25th BOS meeting County staff is providing a comprehensive report on the use and impacts of Senate Bill 1 - Road Repair and Accountability Act of 2017. The information found below was largely produced by the Secretary of State and the Legislative Analyst's Office. The Secretary of State ballot summary of Proposition 6: Eliminates Recently Enacted Road Repair and Transportation Funding by Repealing Revenues Dedicated for Those Purposes. Requires Any Measure to Enact Certain Vehicle Fuel Taxes and Vehicle Fees Be Submitted to and Approved by the Electorate. Initiative Constitutional Amendment. The Legislative Analysts Office provides the following "Yes/No Statements", proposal summary, and summary of fiscal impacts. : A YES vote on this measure means: Fuel and vehicle taxes recently passed by the Legislature would be eliminated, which would reduce funding for highway and road maintenance and repairs, as well as transit programs. The Legislature would be required to get a majority of voters to approve new or increased state fuel and vehicle taxes in the future. A NO vote on this measure means: Fuel and vehicle taxes recently passed by the Legislature would continue to be in effect and pay for highway and road maintenance and repairs, as well as transit programs. The Legislature would continue not to need voter approval for new or increased state fuel and vehicle taxes in the future. Proposal Requires Legislature to Get Voter Approval for Fuel and Vehicle Taxes. Proposition 6 amends the State Constitution to require the Legislature to get voter approval for new or increased taxes on the sale, storage, use, or consumption of gasoline or September 25, 2018 BOS Minutes 222 diesel fuel, as well as for taxes paid for the privilege of operating a vehicle on public highways. Thus, the Legislature would need voter approval for such taxes as gasoline and diesel excise and sales taxes, vehicle license fees, and transportation improvement fees. Eliminates Recently Enacted Fuel and Vehicle Taxes. Proposition 6 also eliminates any such fuel and vehicle taxes passed by the Legislature after January 1, 2017 and up to the date that Proposition 6 takes effect in December. This would eliminate the increased fuel taxes and the transportation improvement fees enacted by SB 1. Fiscal Effects Eliminates Tax Revenues From SB 1. In the current fiscal year, Proposition 6 would reduce SB 1 tax revenues from $4.4 billion to $2 billion—a $2.4 billion decrease. (The $2 billion in remaining revenues would be from taxes collected prior to Proposition 6 taking effect in December.) Two years from now, the revenue reduction would total $5.1 billion annually. The funding reductions would mainly affect highway and road maintenance and repair programs, as well as transit programs. Makes Passage of Specified Fuel and Vehicle Taxes More Difficult. Proposition 6 would make it more difficult to enact specified fuel and vehicle taxes because voters also would have to approve them. As a result, there could be less revenue than otherwise would be the case. Any reduction in revenues is unknown, as it would depend on future actions by the Legislature and voters. Registered Support/Opposition (as of 8-28-18, from the Sec. of State website) Support Reform California - Yes on 6 Vote Yes on Prop 6, a Committee Sponsored and Funded by No New Taxes, a Project of the Howard Jarvis Taxpayers Association Yes on Prop 6, Repeal the Gas Tax Oppose Associated General Contractors Issues PAC, Vote No on Prop 6 No on Prop 6: Stop the Attack on Bridge & Road Safety, Sponsored by Business, Labor, Local Governments and Transportation Advocates Southern California Contractors Association (Non-Profit 501(c)(6)), No on Prop 6: Stop the Attack on Bridge & Road Safety Registered Support/Opposition (from respective Yes/No Campaign Websites as of 8-28-18) September 25, 2018 BOS Minutes 223 No on Prop 6 Public Safety California Association of Highway Patrolmen California Professional Firefighters American Traffic Safety Services Association American Traffic Safety Services Association – California Chapter Senior Congress of California Seniors California Alliance for Retired Americans Environment 350 Sacramento California League of Conservation Voters CALSTART Center for Climate Protection Climate Resolve Coalition for Clean Air Environmental Defense Fund Natural Resources Defense Council (NRDC) Planning and Conservation League Save the Bay Sierra Club California The Nature Conservancy TransForm Business California Chamber of Commerce Regional Economic Association Leaders of California (R.E.A.L. Coalition) Bay Area Council Business Council of San Joaquin County CalAsian Chamber of Commerce California Building Industry Association California Hispanic Chamber of Commerce California Small Business Association California Trucking Association Camarillo Chamber of Commerce Chamber of Commerce Alliance of Ventura and Santa Barbara Counties Chamber of Commerce of the Santa Barbara Region East Bay Economic Development Alliance East Bay Leadership Council Fairfield-Suisun Chamber of Commerce Flasher Barricade Association Fremont Chamber of Commerce September 25, 2018 BOS Minutes 224 Greater Los Angeles African American Chamber of Commerce (GLAAACC) Greater Merced Chamber of Commerce Greater San Fernando Valley Chamber of Commerce Lake Tahoe South Shore Chamber of Commerce Latin Business Association Los Angeles Area Chamber of Commerce Los Angeles County Business Federation (LA BizFed) Northern California Engineering Contractors Association Orange County Business Council Oxnard Chamber of Commerce Ripon Chamber of Commerce Sacramento Asian-Pacific Chamber of Commerce Sacramento Metro Chamber of Commerce San Francisco Chamber of Commerce San Gabriel Valley Economic Partnership San Mateo County Economic Development Association (SAMCEDA) San Rafael Chamber of Commerce Santa Clara Chamber of Commerce Santa Cruz Area Chamber of Commerce Santa Cruz County Business Council Silicon Valley Leadership Group South Bay Association of Chambers of Commerce South Gate Chamber of Commerce The Silicon Valley Organization Traffic Management, Inc. Vacaville Chamber of Commerce Valley Industry & Commerce Association (VICA) Labor California Labor Federation AFL-CIO State Building & Construction Trades Council of California Service Employees International Union (SEIU) California AFSCME California PEOPLE AFSCME District Council 36 Amalgamated Transit Union, Local 192 Building & Construction Trades Council of San Bernardino and Riverside Counties, AFL-CIO California Legislative Board – Sheet Metal, Airline, Railroad and Transportation Workers Union (SMART – TD) California Nevada Conference of Operating Engineers California State Association of Electrical Workers (CSAEW) California State Council of Laborers California Teamsters Joint Public Affairs Council CalPro – IUSD & Nonprofit Local 2345 Civil Service, Paint Makers & Industrial Local 1991 September 25, 2018 BOS Minutes 225 Construction and General Laborers Local 185 District Council of Ironworkers California and Vicinity Drywall Finishers Local 1136 Floor Coverers Local 1247 Glaziers & Floor Coverers & Painters Local 1399 Glaziers Local 636 Heat and Frost Insulators, Local 16 Imperial County Building Trades International Brotherhood of Boilermakers International Brotherhood of Electrical Workers Local 6 International Brotherhood of Electrical Workers Local 11 International Brotherhood of Electrical Workers Local 47 International Brotherhood of Electrical Workers Local 100 International Brotherhood of Electrical Workers Local 234 International Brotherhood of Electrical Workers Local 302 International Brotherhood of Electrical Workers Local 340 International Brotherhood of Electrical Workers Local 428 International Brotherhood of Electrical Workers Local 440 International Brotherhood of Electrical Workers Local 441 International Brotherhood of Electrical Workers Local 551 International Brotherhood of Electrical Workers Local 569 International Brotherhood of Electrical Workers Local 617 International Brotherhood of Electrical Workers Local 639 Ironworkers Local 118 Ironworkers Local 155 Ironworkers Local 416 Laborers International Union of North America Local 1184 Laborers Local 73 Los Angeles Chapter of the Coalition of Labor Union Women Los Angeles/Orange County Building & Construction Trades Council Marin County Building & Construction Trades Council North America’s Building Trades Council Northern California Carpenters Regional Council Operating Engineers Local 3 Painters & Allied Trades District Council 36 Painters Local 52 Painters Local 1036 Plaster Tenders Union Local 1414 Professional Engineers in California Government Sailors’ Union of the Pacific San Diego County Building & Construction Trades Council Santa Clara and San Benito Counties Building & Construction Trades Council Sign & Display Local 510 SMART – Northern California Sheet Metal Workers Local 104 Sonoma, Mendocino and Lake Counties Building & Construction Trades Council September 25, 2018 BOS Minutes 226 Southwest Regional Council of Carpenters Teamsters Local 952 Tradeshow & Sign Crafts Local 831 Transport Workers Union Local 250A Infrastructure/Transportation California Alliance for Jobs Alameda Corridor – East Construction Authority (ACE) American Council of Engineering Companies – California American Public Works Association – Southern California Chapter American Society of Civil Engineers – California Associated General Contractors – California Associated General Contractors – San Diego California Asphalt Pavement Association (CalAPA) The California Chapters of the American Public Works Association (APWA) California Construction & Industrial Materials Association (CalCIMA) Alameda-Contra Costa Transit District (AC Transit) American Road & Transportation Builders Association Association of Equipment Manufacturers California Nevada Cement Association California Short Line Railroad Association California Transit Association Capital SouthEast Connector Joint Powers Authority Board of Directors Coalition for Sustainable Transportation Coastal Rail Santa Cruz Eco-Rapid Transit El Dorado County Transportation Commission Foothill Transit Fresno County Transportation Authority Friends of SMART Golden Gate Bridge, Highway and Transportation District Golden State Gateway Coalition Intelligent Transportation Society of California International Slurry Surfacing Association Lake Area Planning Council Los Angeles County Metropolitan Transportation Authority Mendocino Transit Authority Monterey-Salinas Transit District Metropolitan Transportation Commission Move LA Napa Valley Transportation Authority Northern California Chapter, National Electrical Contractors Association (NECA) Peninsula Corridor Joint Powers Board (Caltrain) Placer County Transportation Planning Agency Riverside Transit Agency September 25, 2018 BOS Minutes 227 Sacramento Transportation Authority San Diego Metropolitan Transit System (MTS) San Francisco Bay Area Rapid Transit District (BART) San Joaquin Joint Powers Authority San Joaquin Regional Rail Commission San Joaquin Regional Transit District San Mateo County Transit District (SamTrans) San Mateo County Transportation Authority (TA) Santa Cruz County Regional Transportation Commission Santa Cruz Metropolitan Transit District Solano Transportation Authority Sonoma County Transportation Authority Sonoma-Marin Area Rail Transit District (SMART) Southern California Contractors Association Southern California Partnership for Jobs Southwest Concrete Pavement Association The Construction Industry Force Account Council (CIFAC) Transportation Agency for Monterey County Transportation Authority of Marin Transportation California Transportation Construction Coalition United Contractors Social Justice California State Conference NAACP Public Interest League of Women Voters of California Bike San Gabriel Valley Bikecar101 Breathe California Sacramento Region California Bicycle Coalition Circulate San Diego Coalition for Responsible Transportation Priorities Community Arts Resources Investing in Place Fixing Angelenos Stuck in Traffic (FAST) LA Voice Napa County Bicycle Coalition Parents for Safe Routes Sacramento Area Bicycle Advocates Safe Routes to School National Partnership San Francisco Transit Riders Sonoma County Alliance Southern California Transit Advocates September 25, 2018 BOS Minutes 228 The Transit Coalition Local Government California State Association of Counties (CSAC) League of California Cities California Association of Councils of Governments (CALCOG) California Contract Cities Association Association of Bay Area Governments Central Valley Latino Mayors & Elected Officials Coalition Cities Association of Santa Clara County City/County Association of Governments of San Mateo County City of Alameda City of Albany City of Arcata City of Artesia City of Avalon City of Bell City of Belmont City of Blue Lake City of Brisbane City of Burlingame City of Carmel-by-the-Sea City of Carson City of Cathedral City City of Clayton City of Clearlake City of Cloverdale City of Compton City of Concord City of Davis City of Delano City of Downey City of Duarte City of East Palo Alto City of El Centro City of El Cerrito City of Fortuna City of Hawaiian Gardens City of Indian Wells City of Ione City of King City City of Lathrop City of Malibu City of Manteca City of Martinez September 25, 2018 BOS Minutes 229 City of Modesto City of Monterey City of Moorpark City of Morgan Hill City of Napa City of National City City of Norwalk City of Orinda City of Pacifica City of Palos Verdes Estates City of Piedmont City of Placerville City of Pleasant Hill City of Salinas City of San Pablo City of San Rafael City of Sand City City of Santa Cruz City of Santa Maria City of Santa Monica City of Scotts Valley City of Soledad City of Sonoma City of South Gate City of Stockton City of Suisun City City of Union City City of Vallejo City of Waterford City of West Hollywood City of Willits Contra Costa County Board of Supervisors Gateway Cities Council of Governments Humboldt County Association of Governments Imperial County Board of Supervisors Lake County Board of Supervisors League of California Cities Latino Caucus Los Angeles County Board of Supervisors Los Angeles County Division, League of California Cities Marin County Council of Mayors and Councilmembers Mendocino Council of Governments Mono County Board of Supervisors Monterey County Board of Supervisors Monterey County Mayors’ Association Peninsula Division, League of California Cities September 25, 2018 BOS Minutes 230 Rural County Representatives of California Sacramento Area Council of Governments San Benito County Board of Supervisors San Gabriel Valley Council of Governments San Joaquin Council of Governments San Luis Obispo Council of Governments Sonoma County Mayors’ and Councilmembers’ Association South Bay Cities Council of Governments Southern California Association of Governments Stanislaus Council of Governments Town of Fairfax Town of Los Gatos Town of Portola Valley Town of Yountville Urban Counties of California Ventura Council of Governments Yolo County Board of Supervisors Individual Businesses A&A Ready Mixed Concrete, Inc. AnchorCM Anvil Builders Inc. Avvantt Partners, LLC BCA Watson Rice LLC Bentacourt Bros. Construction Inc. Brosamer & Wall, Inc. BYD America Cahill Resources, LLC Central Concrete Supply Co., Inc. Chaudhary & Associates, Inc. Compass Engineering Contractors, Inc. Condon-Johnson & Associaties, Inc. Creative Housing Associates Desilva Gates Construction Dokken Engineering Ergon Asphalt and Emulsions, Inc. G3 Quality, Inc. Ghilotti Bros., Inc. GILLIG LLC Goodfellow Bros., Inc. California Granite Construction Inc. Graniterock Griffith Company Harris & Associates, Inc. Harrison Engineering Inc. September 25, 2018 BOS Minutes 231 Hazard Construction Company HdL Companies HNTB Corporation HSG Safety Supplies, Inc. InfraStrategies LLC Joseph J. Albanese, Inc. Knife River Construction Lone Star Landscape, Inc. Marina Landscape, Inc. Mark Thomas McGuire and Hester Meyers Nave MNS Engineers, Inc. MuniServices, an Avenu company NCE Nossaman LLP Pavement Recycling Systems, Inc. pointC, LLC Psomas Reliance Business Park Rick Engineering Company Riley’s Compliance Consulting RNR Construction Inc. Royal Electric Company Safety Striping Service, Inc. SENER USA Solutions International Steelhead Constructors, Inc. Sundt Construction, Inc. Surfa Slick, LLC Teichert Construction Teichert Materials Telfer Pavement Technologies, LLC Terry Equipment Inc. The Great Lakes Construction Company Thomas Safran & Associates Tolar Manufacturing Company, Inc. Towill, Inc. Vintage Paving Company Vulcan Materials Company Way Sine LLC Western Emulsions, Inc. WKE, Inc. Woodruff-Sawyer & Co. September 25, 2018 BOS Minutes 232 Political California Democratic Party Colusa County Democratic Central Committee Contra Costa Young Democrats Costa Mesa Democratic Club Madera County Democratic Central Committee North Valley Democratic Club Torrance Democratic Club West Hollywood-Beverly Hills Democratic Club Yes on Prop 6 US Congress Rep. Doug LaMalfa (CA-1) Rep. David Valadao (CA-21) Rep. Devin Nunes (CA-22) Rep. Kevin McCarthy (CA-23) Rep. Steve Knight (CA-25) Rep. Ken Calvert (CA-42) Rep. Mimi Walters (CA-45) Kimberlin Brown (Candidate, CA-36) Diane Harkey (Candidate, CA-49) Statewide Offices John Cox, Candidate for Governor Cole Harris, Candidate for Lt. Governor Konstantinos Roditis, Candidate for Controller State Senate Senator Jim Nielsen (District 4) Senator Janet Nguyen (District 34) State Senator Pat Bates (District 36) Senator John Moorlach (District 37) Shannon Grove (Candidate, District 16) State Assembly Asm. James Gallagher (District 3) Asm. Jay Obernolte (District 33) Asm. Phil Chen (District 55) Asm. Melissa Melendez (District 67) Asm. Steven Choi (District 68) Asm. Marie Waldron (District 75) Henry Nickel (Candidate, District 40) Bill Essayli (Candidate, District 60) Tyler Diep (Candidate, District 74) CONSEQUENCE OF NEGATIVE ACTION: September 25, 2018 BOS Minutes 233 The County would not reaffirm its position on Proposition 6. ATTACHMENTS Resolution No. 2018/482 April2018ResoOPPOSE: Proposal 17-0033/AKA Prop 6 Feb 2017 BOS to S.JimBeall/SUPPORT SB1 Trans Funding September 25, 2018 BOS Minutes 234 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and for Special Districts, Agencies and Authorities Governed by the Board Adopted this Resolution on 09/25/2018 by the following vote: AYE:3 John Gioia Candace Andersen Karen Mitchoff NO: ABSENT:2 Diane Burgis Federal D. Glover ABSTAIN: RECUSE: Resolution No. 2018/482 In the matter of Proposition 6, the November 2018 ballot proposition that would eliminate recently passed (Senate Bill 1 2017 – Road Repair and Accountability Act) fuel and vehicle taxes thereby reducing funding for highway and road maintenance and repairs, as well as transit programs and adding a requirement that after meeting the super majority-2/3 vote test in the Legislature, to add an additional requirement that a majority of voters approve new or increased state fuel and vehicle taxes in the future. WHEREAS, cities and counties own and operate more than 81 percent of streets and roads in California, and from the moment we open our front door to drive to work, bike to school, or walk to the bus station, people are dependent upon a safe, reliable local transportation network; and WHEREAS, the 2016 California Statewide Local Streets and Roads Needs Assessment, which provides critical analysis and information on the local transportation network’s condition and funding needs, indicates that the condition of the local transportation network is deteriorating at an increasing rate; and WHEREAS, California has more than 1,600 bridges and overpasses that are structurally deficient and unsafe and 89% of counties have roads that are in ‘poor’ or ‘at-risk’ condition; and WHEREAS, according to the National Highway Traffic Safety Association, there were more than 3,600 fatalities on California roads in 2016, with poor road conditions as a major factor in vehicle collisions and accidents; and WHEREAS, Prop 6 would eliminate more than $52 billion over the next 10 years in existing transportation funding, including the $15 billion in direct apportionments, and $11 billion in available competitive grant funding, to cities and counties statewide; and WHEREAS, Prop 6 would stop funding for more than 6,500 transportation improvement projects currently underway or planned in every California community; and WHEREAS, Prop 6 would jeopardize public safety by eliminating thousands of projects to fix unsafe bridges and overpasses, repair crumbling and unsafe roads, and enhance pedestrian safety; and WHEREAS, Prop 6 would eliminate approximately $15,460,000[1] annually dedicated to Contra Costa County, and will halt or slow critical investments in future transportation improvement projects in our community potentially including the following projects, programs and other activities: Kirker Pass Road Truck Climbing Lane, Vasco Road and Byron Highway Improvements, Appian Way/San Pablo Dam Road Improvements, Norris Canyon Road Safety Improvements, Route 239 – Vasco Road/Byron Highway Connector Project, Baily Road/SR4 Interchange Improvements, Marsh Creek Road Safety Improvements, Camino Tassajara Bike Lane Gap Closure, Countywide Guardrail Upgrade, Parker Avenue Sidewalk and Pedestrian Crossing, Marsh Creek Road Bridge Replacement (bridge 143 & 145), Bel Air Trail Crossing Safety Improvements, Marsh Drive Bridge Replacement Project, Fred Jackson Way, First Mile/Last Mile Connection Project, Byron Highway Bridge Replacement, Ability to respond to emergencies – slides, sinkholes, etc. (e.g. Morgan Territory Rd. and Alhambra Valley Rd.); and WHEREAS, voters overwhelmingly passed Prop 69 in June thereby ensuring transportation funds can only be used for transportation purposes and the State and local governments are accountable to taxpayers; and WHEREAS, Prop 6 would eliminate transportation revenues that are accountable to taxpayers, can’t be diverted or borrowed, and that voters overwhelmingly dedicated to fixing our roads. September 25, 2018 BOS Minutes 235 [1] Estimate provided by the California Association of Counties, data available here: http://www.counties.org/post/sb-1-road-repair-and-accountability-act-2017 NOW, THEREFORE, the Contra Costa County Board of Supervisors: Adopts a position of OPPOSE for Proposition 6 which would repeal Senate Bill 1 (2017) the Road Repair and Accountability Act (transportation funding), and 1. Consents and requests to be listed as a member of the No on Prop 6 coalition, a diverse coalition of local governments, public safety organizations, business, labor, environmental leaders, transportation advocates and other organizations throughout the state. 2. Contact: John Cunningham (925) 674-7833 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: September 25, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: September 25, 2018 BOS Minutes 236 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and for Special Districts, Agencies and Authorities Governed by the Board Adopted this Resolution on 04/10/2018 by the following vote: AYE: NO: ABSENT: ABSTAIN: RECUSE: Resolution No. 2018/130 In the Matter of Proposition 69, the June 2018 constitutional amendment to prevent new transportation funds from being diverted for non-transportation purposes; and the proposed November ballot proposition (Attorney General #17-0033) that would repeal the new transportation funds and make it more difficult to raise state and local transportation funds in the future. WHEREAS, cities and counties own and operate more than 81 percent of streets and roads in California, and from the moment we open our front door to drive to work, bike to school, or walk to the bus station, people are dependent upon a safe, reliable local transportation network; and WHEREAS, the 2016 California Statewide Local Streets and Roads Needs Assessment, which provides critical analysis and information on the local transportation network’s condition and funding needs, indicates that the condition of the local transportation network is deteriorating at an increasing rate; and WHEREAS, cities and counties are facing a funding shortfall of $73 billion over the next 10-years to repair and maintain in a good condition the local streets and roads system and the State Highway System has $57 billion worth of deferred maintenance; and WHEREAS, SB 1 – the Road Repair and Accountability Act of 2017 – will raise approximately $5.4 billion annually in long-term, dedicated transportation funding to rehabilitate and maintain local streets, roads, and highways, make critical, life-saving safety improvements, repair and replace aging bridges and culverts, reduce congestion and increase mobility options including bicycle and pedestrian facilities with the revenues split equally between state and local projects; and WHEREAS, SB 1 provides critically-needed funding in Contra Costa County that will be used for much-needed road improvement and maintenance projects; and WHEREAS, SB 1 contains strong accountability and transparency provisions to ensure the public knows how their tax dollars are being invested and the corresponding benefits to their community including annual project lists that identify planned investments and annual expenditure reports that detail multi-year and completed projects; and WHEREAS, SB 1 requires the State to cut bureaucratic redundancies and red tape to ensure transportation funds are spent efficiently and effectively, and also establishes the independent office of Transportation Inspector General to perform audits, improve efficiency and increase transparency; and WHEREAS, Proposition 69 on the June 2018 ballot would add additional protections for taxpayers by preventing the State Legislature from diverting or raiding any new transportation revenues for non-transportation improvement purposes; and WHEREAS, there is also a proposed ballot measure aimed for the November 2018 ballot (Attorney General #17-0033) that would repeal the new transportation revenues provided by SB 1 and make it more difficult to increase funding for state and local transportation improvements in the future; and WHEREAS, this proposed November proposition would raid approximately $15.3 million (annually 2017/18 to 2026/27) dedicated to Contra Costa County (countywide), and halt critical investments in future transportation improvement projects in our community; and WHEREAS, the Contra Costa County Board of Supervisors, on February 7, 2017, formally supported Senate Bill 1 (Beall), the Road Repair and Accountability Act of 2017 which is the subject of both the protective constitutional amendment (Prop 69), and the repeal effort (Proposed Initiative Attorney General #17-0033). September 25, 2018 BOS Minutes 237 NOW, THEREFORE, the Contra Costa County Board of Supervisors adopts the following positions: Support for Proposition 69, the June 2018 constitutional amendment to prevent new transportation funds from being diverted for non-transportation purposes; and 1. Opposition to the proposed November ballot proposition (Proposed Initiative AG #17-0033) that would repeal the new transportation funds and make it more difficult to raise state and local transportation funds in the future; and 2. Consents and requests to be listed as a member of the Coalition to Protect Local Transportation Improvements, a diverse coalition of local government, business, labor, transportation and other organizations throughout the state, in support of Proposition 69 and in opposition to the repeal of SB 1. 3. Contact: John Cunningham (925) 674-7833 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: April 10, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: , Deputy cc: September 25, 2018 BOS Minutes 238 September 25, 2018 BOS Minutes 239 September 25, 2018 BOS Minutes 240 September 25, 2018 BOS Minutes 241 September 25, 2018 BOS Minutes 242 RECOMMENDATION(S): APPROVE the County-sponsored State legislation proposal, "Seniors/Persons with Disabilities Transportation Funding Program". FISCAL IMPACT: None to the County. This is a proposal for State legislation to allocate State cap and trade funds, State General Funds and/or State bond funds to transportation services for seniors and persons with disabilities. BACKGROUND: While this proposal can stand alone based on statewide need, this initiative is a direct outgrowth of the Accessible Transportation Strategic (ATS) Plan currently being initiated by the Contra Costa Transportation Authority (CCTA) with assistance from County staff. The ATS Plan came about, in part, as a result of Board of Supervisors (BOS) advocacy for improvements to transportation services for seniors/persons with disabilities. This advocacy took place during the 2016 Measure X transportation sales tax effort and the 2017 Countywide Transportation Plan process. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 09/25/2018 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Karen Mitchoff, District IV Supervisor ABSENT:Diane Burgis, District III Supervisor Federal D. Glover, District V Supervisor Contact: John Cunningham (925) 674-7833 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: September 25, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C. 18 To:Board of Supervisors From:TRANSPORTATION, WATER & INFRASTRUCTURE COMMITTEE Date:September 25, 2018 Contra Costa County Subject:Contra Costa County Sponsored State Legislation Proposal, "Seniors/Persons with Disabilities Transportation Funding Program" September 25, 2018 BOS Minutes 243 BACKGROUND: (CONT'D) Relationship of Proposal to the ATS Plan After receiving a Caltrans Sustainable Transportation Planning Grant in May 2018, CCTA and County staff began preparations to launch the ATS Plan. That preparation included reaching out to various stakeholders. Included in that outreach was CCTA's Bus Transit Coordinating Council (BTCC). The BTCC communicated the concern that three studies of this type have been done in the past with little success and asked how this study would be different. With that feedback staff reviewed the past efforts and the numerous studies available that document why these types of efforts are frequently unsuccessful. That review resulted in staff developing a strategy to address the various risk areas of the study. One such area is that of funding availability. Funds in this field are notoriously scarce and dedicated almost entirely to existing operations. There is little flexibility or surplus funding available to make system changes or significant investment in capital or institutional capacity improvements. This proposal is intended to address that issue by making State funds available to make system improvements and respond to increased due to demographic shifts demand without drawing on existing operations funding. Legislation Proposal Summary The details of the Seniors/Persons with Disabilities (SPD) Transportation Funding Program proposal can be seen in the two attachments. In summary, the proposal seeks funding to address two long standing problems in providing transportation service to this population, 1) the well documented need to increase coordination, make necessary systemic changes and improvements to the way these services are provided in order to increase efficiencies and access to services, and 2) increased operations funding needed due to pressures from demographic and public health shifts. The attached proposal addresses the problems by providing capital funding for systemic or institutional improvements and operating funds tied to the growth of the target population. The State revenue being sought is from the cap and trade program, the General Fund, and/or existing bond programs. The types of efficiency improvements proposed demonstrably reduce greenhouse gasses and the target population is consistent with the polices to direct resources to "disadvantaged communities". The type of programs in this proposal are similar to other other programs operating with General Fund support. The proposal is to use several existing, well-developed tools designed to address problem #1 mentioned above, the need to increase coordination and improve systemic or institutional efficiencies. These tools have been available and for some time but their effectiveness suffers due to the lack of implementation specific funding: the federally required Coordinated Public Transit - Human Services Transportation Plans (Coordinated Plans) and the Consolidated Transportation Services Agency (CTSA) enabled by California State statute: A.The Coordinated Plans are produced and updated uniformly throughout the Country based on requirements in the past three federal transportation funding packages. (SAFETEA-LU/2005, MAP-21/2012, FAST/2015). The Coordinated Plans identify the transportation needs of individuals with disabilities, older adults, and people with low incomes, provide strategies for meeting these needs, and prioritize transportation services for funding and implementation. These plans make recommendations which are, for the most part, unfunded. B.The CTSA mechanism was created under the California State Social Service Transportation Act (AB 120 – 1979). The Act required agencies throughout California to conduct regional inventory reports and prepare/implement action plans. September 25, 2018 BOS Minutes 244 The intent was to encourage coordination among social service transportation providers so existing transportation resources are used more effectively. Administrative Notes: TWIC staff is coordinating with Lara Delaney, legislative staff, to ensure the this proposal is developed consistent with County processes. This proposal was developed with the assistance of Mark Watts, consultant to the County, and Peter Engel, Director of Programs - CCTA. Relative to the Greenhouse Gas Reduction Fund request in the proposal, the SPD Transportation Funding Program is consistent with #20 on our 2018 State Legislative Platform: SUPPORT efforts to expand eligible expenditures of the Greenhouse Gas Revenue[sic] Fund to investments in accessible transit/transportation systems (serving seniors, disabled, veterans) which result in more efficient (shared trips, increased coordination) service and corresponding reductions in greenhouse gas production. There are two attachments with similar information: 1. 2019 County Sponsored Legislation Proposal: For internal County use only. 2. Detailed Seniors/Persons with Disabilities State Transportation Funding Program: This detail and format was requested by the County's legislative consultant to being outreach activities. If progress is made relative to interest in the proposal, additional documentation will be provided, additional necessary technical and policy details as well as a more concise, user-friendly summary, a "one-pager". CONSEQUENCE OF NEGATIVE ACTION: If the proposal is not approved, the Board will miss an opportunity to make progress on policy #20 in the County's State Platform, "SUPPORT efforts to expand eligible expenditures of the Greenhouse Gas Revenue[sic] Fund to investments in accessible transit/transportation systems (serving seniors, disabled, veterans) which result in more efficient (shared trips, increased coordination) service and corresponding reductions in greenhouse gas production." ATTACHMENTS 2019 County Sponsored Legislation Proposal Form Detailed Proposal: Seniors/Persons with Disabilities Transportation Program September 25, 2018 BOS Minutes 245 CONTRA COSTA COUNTY 2019 COUNTY-SPONSORED LEGISLATION PROPOSAL Page 1 of 6 TBD TBD Department: Conservation and Development Email:john.cunningham@ dcd.cccounty.us Contact Person: John Cunningham Telephone:674-7833 Title: (Describe in one sentence the issue you seek to address with State/Federal assistance) The “Seniors/Persons with Disabilities (SPD) State Transportation Funding Program” proposal creates a mechanism to strategically increase funding (Cap & Trade, General Fund, bonds) for transportation programs serving the senior/disabled population which is currently served by underfunded and underdeveloped programs which are set to grow more deficient as demographic and public health factors magnify the problems. Check one: State Platform [ x ] Federal Platform [ ] #20, “Support efforts to expand eligible expenditures of the GGRF to accessible transportation sytems (seniors, persons with disabilities)…” Dept. Priority: ____ of ____ (e.g. 1 of 3) I. Summary of Proposal: Please briefly describe the proposal and include the following highlighted information (where applicable): The proposal creates a mechanism to strategically increase funding to transportation programs that serve seniors and persons with disabilities. While this transportation sector is underfunded and underdeveloped, it also suffers from well-documented cost-control, organizational, ease-of- access, and other problems related to institutional structures. These problems largely stem from the siloed funding streams and programs that fund transportation service to this population. Public health, health insurance, public transit, non-profit agencies, etc. often operate similar service, in similar areas with duplication of operations and administration. This program requests funding for 1) capital programs which have a documented ability to address the institutional structure issues, and 2) transportation operations in response to forecasted increase in demand for entities that meet certain organizational or operational criteria ensuring efficient use of the new revenue.  Prior efforts to secure State or Federal assistance for the issue May 1, 2018 letter from the Board of Supervisors (BOS) to Assembly Committee on Budget and Senate Budget/Fiscal review committee requesting that the Committees, “…set aside revenue as a part of the Cap-and Trade budgeting process to reduce GHG [Greenhouse Gas] emissions by way of increasing the efficiency of accessible transportation services.” September 25, 2018 BOS Minutes 246 CONTRA COSTA COUNTY 2019 COUNTY-SPONSORED LEGISLATION PROPOSAL Page 2 of 6 The rationale for seeking Greenhouse Gas Reduction Funds (GGRF) is based on the ability to increase shared rides1 which results in a reduction in vehicle miles traveled (VMT) GHGs. This is in addition to the statutory directive that certain portions of GGRF funding to be directed towards “disadvantaged communities” and result in a number of co-benefits including “public health”. The passenger population that would benefit from this program is entirely “disadvantaged”. Local efforts include advocacy for increased funding during the 2016 Measure X transportation expenditure plan (TEP) process and during the Contra Costa Transportation Authority’s (CCTA’s) 2017 Countywide Transportation Plan (CTP) update.  Compelling factors for the proposal that merit State or Federal assistance There are several compelling, compounding factors that support the proposal; these issues were reported to the BOS during the TEP and CTP processes: 1) Demographics: The aging of the population, referred to as the “silver” or “aging” tsunami, will result in a substantial increase in the population requiring service, 2) Costs: the cost of providing this type of transit service is increasing rapidly, faster than costs2 for conventional bus, 3) Sustainability: Existing transit structures have evolved organically with public transit providers, non-profits, and other agencies/organizations providing service and filling gaps as they arise. For decades, concern has been raised at the local3, regional4, state level5, and federal6 level that these structures are not robust or sophisticated enough to adequately respond the forecasted increase in demand. 1 University of California, Berkeley, Institute of Transportation Studies, "Evaluating the Impact of ITS on Personalized Public Transit” “Benefits of ITS: They describe the following benefits of ITS implementation. • Increase in the percent shared rides (the percentage of time that there are two or more requests in vehicle) from 38% to 55% • 13% savings in the unit transportation cost per passenger mile • Total personnel salaries decreased by 28%” 2 Federal Transit Administration, 2014, “Accessible Transit Services for All”, the cost of providing demand response service is increasing faster than other types of transit. From 1999 to 2012, the cost of providing ADA paratransit service increased 138%. During the same time frame conventional fixed-route bus service increased by 82% 3 During the 2016 Measure X Transportation Sales Tax initiative, the Expenditure Plan Advisory Committee identified improvements to services for seniors/persons with disabilities as a priority. Detail here: http://www.cccounty.us/DocumentCenter/View/46455/EPAC-Input-Exercise-Results_20130303Meeting?bidId= 4 MTC: 2018 Coordinated Public Transit – Human Service Transportation Plan, “Current senior-oriented mobility services do not have the capacity to handle the increase in people over 65 years of age…the massive growth among the aging …points to a lack of fiscal and organizational readiness…the closure and consolidation of medical facilities while rates of diabetes and obesity are on the rise will place heavy demands on an already deficient system.” 5 January 15, 2014 CCTA Board Meeting Minutes: Commissioner [David] Durant [Pleasant Hill] said that the need for coordination in the area was great, and the dysfunction in the overall system needed to be solved. Representative [Amy] Worth [Orinda, MTC ex-officio]...given limited resources and inefficiencies of the current model, the Authority needs to be looking at a better way and that the plan created a framework and pathway. Mr. [Rick] Ramacier [County Connection] noted that there had been an explosion of paratransit services being provided by non-transit, social service/non-profit operators…while there were many benefits to the new services being provided, the future for those providers was uncertain because most rely upon grants. Metropolitan Transportation Commission, 2018 Coordinated Public Transit – Human Services Coordination Plan; “Current senior-oriented mobility services do not have the capacity to handle the increase in people over 65 years of age…the massive growth among the aging …points to a lack of fiscal and organizational readiness…the closure and consolidation of medical facilities while rates of diabetes and obesity are on the rise will place heavy demands on an already deficient system.” 6 The U.S. Government Accountability Office has produced reports for decades highlighting problems with this sector of the transportation system. September 25, 2018 BOS Minutes 247 CONTRA COSTA COUNTY 2019 COUNTY-SPONSORED LEGISLATION PROPOSAL Page 3 of 6 4) History: There have been three paratransit plans developed in the County which have largely not been implemented. In initiating the fourth study of this type, staff is attempting to be methodical in removing barriers to implementation. One such barrier is limited funding which this proposal directly addresses. A state response is warranted as Contra Costa County is not facing these problems alone. As indicated above, there is an acknowledgement at all levels of government that public institutions are ill prepared to respond to these issues.  Consequences if State or Federal assistance is not provided The existing, organically developed structures for providing this service are likely to strain under the increased demand and may substantially underperform relative to the need. Previous analysis provided to the BOS and national studies7 establish that coordinated systems are more cost effective than our uncoordinated system. As demographic pressure increases, service demands will result in the current operational and fiscal inefficiencies being aggravated. As public transit systems evolve in response to technological changes, there is no guarantee that these changes will be positive for public transit in general and specifically to the target, disadvantaged population. Funding this program will help to insulate the target population from negative impacts of these changes. The Contra Costa Transportation Authority is initiating an Accessible Transportation Strategic (ATS) Plan with substantial assistance from County staff. The ATS Plan is proposed to be complete in 2019 at which point it is anticipated that additional revenue will be needed for implementation.  Steps taken locally to advance issue Staff has: 1. Collaborated with two staff level mobility management groups (West County & “Rest of the County”) comprised of leadership from transit agencies, non-profits, and staff from various city providers. 2. Consulted with the Advisory Council on Aging on the need for improvements to transportation and an increase in funding. 3. Supported CCTA in their development of a successful Caltrans grant application to fund the ATS Plan. 4. During the 2016 TEP and 2017 CTP efforts, developed numerous reports for the BOS which resulted in communication to CCTA emphasizing the need for increased funding and policy/administrative/governance changes relative to transportation for seniors/persons with disabilities. These efforts, in addition to several joint CCTA/Contra Costa County joint staff meetings, resulted in the ATS Plan now underway. 7 Transportation Research Board of the National Academy of Sciences: Transit Cooperative Research Program, Report 91: Economic Benefits of Coordinating Human Service Transportation and Transit Services: “Significant economic benefits — including increased funding, decreased costs, and increased productivity — can be obtained by coordinating human service transportation and transit services.” September 25, 2018 BOS Minutes 248 CONTRA COSTA COUNTY 2019 COUNTY-SPONSORED LEGISLATION PROPOSAL Page 4 of 6 5. In preparation for the related ATS Plan, County and CCTA staff have jointly met with transit districts to listen to concerns, collect feedback, etc. II. Action Requested: Briefly describe the specific State/Federal assistance requested, e.g. a specified amount of funding for a particular purpose, a change in law promoting a particular outcome, etc. The proposal identifies two funding programs (capital and operations) which address two related problems: 1) A Capital program focused on demonstrated efficiency-improving investments that address operations and administrative fragmentation and lack of efficiency. 2) An Operations program with allocations based on the indexed growth (or contraction) of the population served by the program which addresses the forecasted demographically driven increases in demand. Because this proposal serves disadvantaged individuals independent of geography as defined in SB 535, statutory action may be necessary to accommodate the proposal. a. Affected Code Sections (if known): The impacted code sections are potentially numerous. Greenhouse Gas Reduction Fund: The proposal may seek to modify the Low Carbon Transit Operations Program (LCTOP) which was established as a part of the Transit, Affordable Housing, and Sustainable Communities Program established by Senate Bill 862 (2014) and modified various sections of the Health & Safety Code and the Government Code. These sections may need to be further modified to accommodate the proposal. Disadvantaged Communities: The definition of disadvantaged communities has been established by way of geographic descriptions (Section 39711 of the Health and Safety Code were modified by Senate Bill 535 - De León, Chapter 830, Statutes of 2012). This proposal serves exclusively disadvantaged individuals independent of geography. That said, the defining statutes may need to be further revised to also define disadvantaged communities by individual characteristics independent of narrow geographic definitions. Other: The advice of our legislative consultant is to leave the specifics of the revenue level and source, at this stage, broad. This program, with public health implications, is consistent with other general fund supported programs. b. Proposed Statutory Language (if available): Pending III. Fiscal Impact: a. County As drafted, the proposal could bring new revenue in to the County to provide service to the target population. This program could provide some relief to Contra Costa Health Services which is being increasingly burdened by transportation requirements imposed on health plans and medical service September 25, 2018 BOS Minutes 249 CONTRA COSTA COUNTY 2019 COUNTY-SPONSORED LEGISLATION PROPOSAL Page 5 of 6 providers at both the state (Assembly Bill 2394, Garcia – 2015/16 NMT) and federal (Affordable Care Act) levels. b. State (if applicable) The proposal requires that the state undertake certain activities to ensure effective use of the funds. These activities are defined in the “Support Services” section of the proposal and include administration of a grant program, research and establishment of metrics to evaluate expenditures and effectiveness, performance audits relative to Consolidated Transportation Services Agency (CTSA) and Coordinated Plan compliance. The State would, similar to other grant programs, administer grants to rural areas. c. Other (if applicable) As drafted, the proposal would require administration of a grant program by Metropolitan Planning Organizations in urbanized areas. IV. Anticipated Supporters of proposal: Pending V. Anticipated Opponents of proposal: Pending VI. Position on proposal by CSAC or League of California Cities (if available): Pending VII. Prior History of Proposal (if any): 2018: The California Senior Legislature (CSL) sponsored Assembly Bill 2877 (Mathiis) “Vehicular air pollution: nonemergency medical transport” which had some characteristics similar to this proposal, funding senior/disabled transportation services with GGRF revenues. The bill was held in Committee. County staff has initiated coordination with the CSL on the County’s 2019 proposal. We hope to merge the requests from the CSL and the County in to a single bill and secure CSL support for the County proposal. Staff believes this specific proposal is new. The following are local precursors: 2018: The Board of Supervisors adopted the following language in to the County’s 2018 State Legislative Platform: SUPPORT efforts to expand eligible expenditures of the Greenhouse Gas Revenue Fund to investments in accessible transit/transportation systems (serving seniors, disabled, veterans) which result in more efficient (shared trips, increased coordination) service and corresponding reductions in greenhouse gas production. With the following rationale: This policy is in support of the accessible transit/transportation initiatives discussed during the Measure X and 2017 Countywide Transportation Plan approval, and is consistent with the "Accessible Transportation" report provided to the Board of Supervisors in September 2017 which documented the need for substantial investment to make improvements in this field. The September 2017 September 25, 2018 BOS Minutes 250 CONTRA COSTA COUNTY 2019 COUNTY-SPONSORED LEGISLATION PROPOSAL Page 6 of 6 report established that the County is not unique in this situation; these issues are widespread which justifies a statewide/nationwide legislative approach. May 2018: The Board of Supervisors sent a letter to the Senate and Assembly Committees drafting the FY 2018-19 GGRF Budget proposal. The letter requested revenue be set aside for efficiency and GHG reducing improvements to elderly/disabled transportation programs. This proposal builds on that original request proposing a specific program to distribute the revenues with a substantially more developed rationale. 2018: CCTA, with the assistance of the County, is initiating an the ATS Plan to determine how best provide transportation service to the elderly/disabled population. The intent is to have the ATS Plan complete by 2019. Similar, prior studies have not been implemented due to many factors which include the lack of funding. In anticipation of the completion of the ATS Plan, staff initiated this effort. The approach is to ensure that the outcome of the ATS Plan will be eligible for the proposed, new revenue as a pilot project. 2017: The Bay Area Regional Mobility Management Group developed a proposal for Regional Measure 3, “Accessibility Improvements and Specialized Transportation Services in the Bridge Corridors for Seniors and Persons with Disabilities” but the concept failed to get traction. c:\egnyte\shared\transportation\activeedits\ggrflegeffort\ggrf - at\2019 county sponsored legislation proposal form.docx One-Pager: c:\egnyte\shared\transportation\activeedits\ggrflegeffort\ September 25, 2018 BOS Minutes 251 Seniors/Persons with Disabilities State Transportation Funding Program  Issue: In order for transportation programs and systems to adequately serve seniors and persons with disabilities in  the current regulatory environment, the following is required: 1) an increase in funding for capital programs which  enable coordination and improve efficiencies, and 2) an increase in transportation operations funding in order to  respond to the forecasted increase in demand for services. These changes are necessary in order to respond to the  impending demographically driven spike in demand for services to this acutely disadvantaged population. While  there has been substantial analysis and study of these issues, there is no state or federal funding program  adequately addressing the scale of this issue.   Administrative or Legislative Timeline Overview: The intent is to have this Seniors/Persons with Disabilities (SPD)  Transportation Funding Program proposal proceed in the 2019 legislative session. While there is no set timeline  driving this effort, the aforementioned spike in demand for service, and the lack of progress in this field have been  observed and analyzed for decades1. This proposal leverages existing tools to facilitate rapid implementation of  strategies and actions that have been relatively undeveloped for lack of funding.  Background: The impending increase in the senior population and the complex systems serving the same have been,  for some time, the subject of considerable analysis and limited action. This situation is best summarized in the  National Academy of Sciences sponsored report, “Economic Benefits of Coordinating Human Service Transportation  and Transit Services: 2  Local transportation services for the disadvantaged are often delivered by a variety of nonprofit organizations,  operated independently by multiple entities in a community, and result in duplicative, overlapping, and  uncoordinated services. The analysis concludes that although coordination sounds like an easy and magical policy  solution to be effective, state‐level policies must, at a minimum, target and fund the coordination process.  This proposal targets and funds the coordination process enabling immediate action by leveraging existing analysis  and tools:  1) The existing statewide inventory of locally developed Coordinated Public Transit‐Human Services Transportation  Plans3 (hereafter “Coordinated Plans”) all include implementable recommendations. The Coordinated Plans are  planning documents that are consistently produced throughout the state per federal regulations3. These  documents include recommendations that are reasonably forecasted2 to simultaneously increase cost  effectiveness, expand service, and improve service quality.  2) Consolidated Transportation Service Agencies: (CTSAs) were created under the Social Service Transportation Act  (AB 120 – 1979). The Act required agencies throughout California to conduct regional inventory reports and  prepare/implement action plans. The intent was to encourage coordination among social service transportation  providers so existing transportation resources are used more effectively.  Problem Statement: The two programs in this proposal address two problems in this transportation sector:   Fragmented/Inefficient Services: This transportation sector is funded by numerous local, state, and federal  programs across multiple governmental sectors (transportation, social services, etc.). These numerous  programs, in many areas, have resulted in the unintended consequence of fragmented and duplicative                                                                    1 Government Accountability Office (GAO) reports 109878, 591707, 650079, 658766, 660247, 667361, et al: “…duplication of effort and inefficiency in  providing transportation when agencies do not coordinate…”, “….state and local agencies are unaware that they are...providing transportation services  identical and parallel to those of another agency“…transit agency officials that we spoke with said that they would like to implement coordination efforts, but  have been unable to get various parties to come together…”,  “continuing challenges such as insufficient leadership at the federal level and limited financial  resources and growing unmet needs at the state and local level.”, “…state and local officials expressed concern about their ability to adequately address  expected growth in elderly, disabled, low‐income, and rural populations.”, “…agencies providing similar transportation services to similar client groups may  lead to duplication and overlap when coordination does not occur.”  2 Transportation Research Board of the National Academy of Sciences: Transit Cooperative Research Program, Report 91: Economic Benefits of Coordinating  Human Service Transportation and Transit Services: “Significant economic benefits — including increased funding, decreased costs, and increased productivity  — can be obtained by coordinating human service transportation and transit services.”  3 A 2004 Executive Order resulted in federal transit law requiring that eligibility for certain funding streams be established through “…a locally developed,  coordinated public transit‐human services transportation plan," and that the plan be "developed and approved through a process that included participation  by seniors, individuals with disabilities, representatives of public, private, and nonprofit transportation and human services providers and other members of  the public". As a result, throughout the country there are consistently developed and adopted coordinated plans. These plans identify the transportation  needs of individuals with disabilities, older adults, and people with low incomes and provide strategies for meeting these needs, and prioritize transportation  services for funding and implementation.   September 25, 2018 BOS Minutes 252 programs.4 In addition to the administrative and fiscal problems resulting from this fragmentation, these silos  result in arbitrary transit service boundaries requiring unnecessary passenger transfers. These transfers  simultaneously increase costs, decrease safety, extend trip times, and generally compromise service quality for  this categorically disadvantaged population. In addition to the fiscal inefficiencies, these fragmented programs  are difficult for the target population to navigate5. The target population: seniors, persons with cognitive and  physical disabilities, and other disadvantaged populations, are forced to navigate transportation systems that  are more complex than the general public uses.   Demographically Driven Increase in Demand: The “aging tsunami” 6, brought about by the aging of the baby  boomers has long been forecasted to increase the demand for the subject transportation services. This is a well‐ documented issue, the California State Plan on Aging indicates that by 2030 senior age groups will increase  anywhere from 70% up to 274%. These age groups have cognitive and physical characteristics that either require  this type of service and/or results in the loss of ability to drive themselves. These increases will magnify the  negative fiscal impact of the fragmented systems mentioned above.   Suggested Approach: The proposal is for two programs, operations and capital. The two identified issues,  service/administrative fragmentation and demographically driven increases in demand are addressed by 1) a Capital  program focused on efficiency‐improving investments, and 2) an Operations program with allocations based on  population served by the program and subsequently indexed to the growth (or contraction) in the same population.  Because this proposal serves disadvantaged individuals independent of geography as defined in Senate Bill 535  (2012 – DeLeón) statutory revisions to include the senior/disabled population in the “disadvantaged community”  definition may be necessary to accommodate the proposal.  1: Capital  Capital funding will be disbursed through competitive grants7 to projects which are included in the applicable  Coordinated Plan. These projects will implement systemic improvements which have been demonstrated to  result in more efficient use of resources, improve service quality, increase shared trips (which reduce  greenhouse gasses as a result). Eligible activities include but are not necessarily limited to planning, technology  investments9 including hardware and software (subject to restrictions8) clean vehicles (so long as they are  operating consistent with the applicable Consolidated Plan and/or by a CTSA), and administrative costs  associated with the creation and incubation of new service models and organizations.  2: Operations  1. Operations funding will be appropriated annually, on a continuing basis, with a formula reflecting the  population served (See Support Services below).   2. Agencies are granted “provisional eligibility” for operations funding under the following scenarios7:  a. The programs and activities seeking funding are found to be consistent with the applicable Consolidated  Plan. The legislative body which originally approved the Consolidated Plan will pass a resolution, in a  publically noticed hearing, making that determination accompanied by findings of fact or other  evidence.   b. Consolidated Transportation Services Agencies (CTSAs) that are active and otherwise in good standing  (as demonstrated by the original, approving authority) are categorically eligible for operations funding.   3. The provisional eligibility will be subsequently confirmed by the State Auditor and Department of  Transportation (see Support Services below)                                                                     4 GAO: Transportation Coordination: Benefits and Barriers Exist, Planning Efforts Progress Slowly: “As HHS and FTA have recognized, the lack of coordination  among human services transportation providers and public transit operators contributes to the duplication or overlapping of transportation  services…particular clients may be left unserved or underserved…”  5 GAO: Opportunities to Reduce Potential Duplication in Government Programs, Safe Tax Dollars, and Enhance Revenue.,  “…GAO and others have reported that  the variety of federal programs providing transportation services to the transportation disadvantaged has resulted in fragmented services that can be difficult for  clients to navigate and narrowly focused programs that may result in service gaps”  6 California State Plan on Aging 2017‐2021: “The impact of an aging population, described by some as an “age wave” and others as an “aging tsunami,” will be  felt in every aspect of society. The economic, housing, transportation, health, and social support implications of this phenomenon must also be viewed in the  context of the State’s tremendous population growth, which continues to challenge the State’s overall infrastructure planning.”  7 [Placeholder for funding eligibility for the Contra Costa County SPD pilot program]   8 Restrictions would include but not necessarily be limited to 1) requiring adjoining or interacting jurisdictions to have identical or compatible software packages,  and 2) ensuring the organization has ongoing staff, training, and budget capacity to support the full usage of the software.    September 25, 2018 BOS Minutes 253 Emergency Services: Repatriation Fund  The Program would close an existing gap in emergency response funding and programs. Evacuation activities for  seniors/persons with disabilities (referred to as “access & functional needs” [AFN] population in the emergency  services field) are categorically eligible for disaster relief funding. However, there is no funding or authority to  return (repatriate) the AFN population to their origin during the post‐disaster period. The transportation needs  of this population can vary greatly from the general population often requiring special vehicles and staff to  accommodate mobility/medical devices or support individuals with cognitive or physical limitations. A  Repatriation Fund within the SPD Program will fund these activities and make any statutory changes necessary  to authorize reimbursement.     The Repatriation Fund is not integral to the intent of the SPD Transportation Funding Program but is being  included as this initiative may be an expeditious mechanism to close this gap in services.     Specific Needs: The following are excerpts from the Coordinated Plans throughout the state demonstrating the need  for the program   Metropolitan Transportation Commission (San Francisco Bay Area), “Current senior‐oriented mobility  services do not have the capacity to handle the increase in people over 65 years of age…the massive  growth among the aging …points to a lack of fiscal and organizational readiness…the closure and  consolidation of medical facilities while rates of diabetes and obesity are on the rise will place heavy  demands on an already deficient system.”   Butte County, “Top‐ranked barriers to accessing needed transportation: Funding challenges for directly  operating or contracting for transportation…”   Inyo‐Mono Counties: “The greatest barrier to coordination for all rural counties is lack of funding. There is  simply not enough money available to meet all transportation needs for the target population…  particularly in light of the dispersed communities and long travel distance…as such, the various human  service agencies piece meal together trips for the most critical needs. Lack of funding/resources  contributes to the limited staff time available for all agencies to pursue further coordination efforts”   Lake County, “PRIORITY 1 – Critical: Pursue and secure funding to support, maintain, improve safety and  enhance the Lake County public transportation network…”, “…Continued priority must be placed on  securing new funding sources…”   Madera County, “The greatest barrier to coordination for many smaller counties is lack of funding. There is  simply not enough money available to meet all transportation needs for the target population, particularly  in light of the dispersed development pattern and long travel distance in Madera County”   Sacramento Area Council of Governments, “…gaps in service remain due to geography, limitations in  fixed‐route and demand responsive services, program/funding constraints, eligibility limitations,  knowledge and training.”   San Bernardino, “…COORDINATED PLAN strategies can be supported with 5310 funds …however, this  competitive funding source is modest…”, “…agencies and their transit programs need for assistance  continues as they face funding uncertainties and increasing reporting requirements…“, “…First Priority  Strategies: Secure funding, particularly from discretionary sources, to maintain, enhance and expand  transit and specialized transportation services…”   San Diego, “…gaps in service remain due to geography, limitations in transit service, funding constraints,  eligibility, knowledge, and training….”   Shasta County, “…limited resources in the form of staff availability, interest, leadership, service and/or  capital capacity, funding, and time…”,    Stanislaus Council of Governments, “While public transportation services do receive Local Transportation  Funds…and State Transit Assistance (STA) funds, it is generally not sufficient to address many of the service  challenges, such as limited frequencies and longer service hours, which were common themes…”   Ventura County, “…limited funds suggest that it will be critically important to seek other funding sources  to address many of the proposed strategies. Such additional funding sources could include but are not  limited to…State cap and trade funding…”    September 25, 2018 BOS Minutes 254 Revenue Options  Greenhouse Gas Reduction Fund (GGRF)  Certain operational and technology investments have a demonstrable9 ability to decrease greenhouse gas (GHG)  production by way of increasing the number of shared trips in a demand‐response transit operation. Currently, there  are no GGRF revenues specifically dedicated to this population other than the broad preference for projects in  disadvantaged communities, in limited areas. The Low Carbon Transit Operations Program (LCTOP) is silent on  service to seniors/persons with disabilities. This program specifically serves this categorically disadvantaged  population without geographic limitations/requirements.     GGRF Related Co‐Benefits: Not only are these investments are consistent with the core principle of the Cap‐and‐ Trade Program (GHG reduction) but this program directly serves a population that is entirely and acutely  disadvantaged. Given the sensitive nature of the target population, and the fact that the lack of transportation is a  common barrier to routine medical appointments10, the mobility improvements from this program will inevitably  and substantially increase public health.     General Fund  The activities in this program are consistent with other activities funded by these revenues. An appropriation from  the General Fund for the Operations program is reasonable and appropriate.    State Bond Program  The activities in this program are consistent with other activities funded with state bonds. A new program funding  the capital activities in this program would be reasonable and appropriate.     Support Services: In order to administer the programs in this proposal the State would have obligations to support  the funding and performance mechanisms:  1. The State Auditor, with assistance from the Department of Transportation, will conduct a meta‐analysis of the  numerous state and federal studies on this topic for the purpose of establishing metrics by which systemic  improvements and operations are evaluated.  2. Entities receiving funding under this program are subject to a) a review of CTSA and Coordinated Plan eligibility  and effectiveness, and b) performance audits (with an obligation to implement corrective actions).    3. Establish the mechanism to index operations funding to the target population.   4. The Legislative Analyst’s Office will identify and present solutions to any statutory, administrative or other  barriers to coordination.                                                                      9 University of California, Berkeley, Institute of Transportation Studies, "Evaluating the Impact of ITS on Personalized Public Transit” “Benefits of ITS: They  describe the following benefits of ITS implementation. • Increase in the percent shared rides (the percentage of time that there are two or more requests in  vehicle) from 38% to 55% • 13% savings in the unit transportation cost per passenger mile • Total personnel salaries decreased by 28%”  10 Health Outreach Partners, “Overcoming Obstacles to Health Care: Transportation Models That Work”.   September 25, 2018 BOS Minutes 255 RECOMMENDATION(S): ADOPT a position of "Oppose" on S. 3157 (Thune) , STREAMLINE Small Cell Deployment Act, as recommended by the Legislation Committee. AMEND the adopted Contra Costa County Federal Platform to make conforming changes. FISCAL IMPACT: The legislation would cap the amount of fees local governments can charge telecom companies for the placement, construction, or collocation of new wireless facilities. Fees would need to be based on “actual costs and direct costs.” BACKGROUND: At its August 13, 2018 meeting, the Legislation Committee considered this matter and voted unanimously to recommend that the Board of Supervisors take a position to "Oppose" the STREAMLINE Small Cell Deployment Act. On June 28, U.S. Senate Commerce Committee Chairman Sen. John Thune (R-S.D.) and Sen. Brian Schatz (D-Hawaii) introduced legislation that would place limits on the authority of local governments to regulate the deployment of wireless communications infrastructure within their jurisdictions. The new legislation, titled the Streamlining the Rapid Evolution and Modernization of Leading-edge APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 09/25/2018 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Karen Mitchoff, District IV Supervisor ABSENT:Diane Burgis, District III 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: September 25, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C. 19 To:Board of Supervisors From:LEGISLATION COMMITTEE Date:September 25, 2018 Contra Costa County Subject:Consider Advocacy Position of "Oppose" on S. 3157 (Thune) STREAMLINE Small Cell Deployment Act September 25, 2018 BOS Minutes 256 Infrastructure Necessary to Enhance Small Cell Deployment Act (S. 3157), or STREAMLINE Small Cell Deployment Act for short, would limit fees local governments are currently able to assess telecommunications companies for the placement, construction or co-location of new wireless service facilities. ( September 25, 2018 BOS Minutes 257 BACKGROUND: (CONT'D) Attachment A) The bill would restrict these fees to “actual costs,” capping what local governments can charge telecommunications companies for the use of locally owned rights-of-way and reducing or eliminating any application fees local governments may assess for processing incoming requests for construction. Additionally, the new legislation would limit the amount of time local governments have to consider and respond to requests made by telecommunications companies make to build new wireless service facilities on locally owned land. Specifically, the bill mandates that local governments respond to applications or requests from telecommunications companies related to new wireless service facilities on local infrastructure, including 5G Small Cells, within 60 days for co-located technology and 90 days for new wireless service facilities. The co-location requirements extend to buildings, light poles and public rights-of-way. In instances where local governments fail to respond to such requests, the federal government would extend authority to telecommunications companies to build on locally owned land without the consent or approval of local officials. In March, NACo sent a letter to the Federal Communications Commission (FCC) opposing similar proposals that would limit the authority of local governments and curtail the ability of locals to raise revenue. S. 3157 is one of the first bills introduced in Congress that would alter local regulatory authority related to wireless telecommunications infrastructure deployment. NACo encourages county officials to urge their congressional representatives to work with local governments on new laws or regulations that would speed the deployment of next-generation telecommunications infrastructure without limiting local zoning authority or limit the ability of local governments to raise revenue." In addition to that legislation, last week, the Federal Communications Commission (FCC) released a draft Declaratory Ruling and Third Report and Order, aimed at accelerating the deployment of next-generation 5G wireless networks. Counties own substantial amounts of public rights-of-way, which many communication providers use to construct their own communications networks. Tthe Commission's objective of finding new ways to effectively deploy broadband technologies, especially in underserved communities, is a shared objective, but the proposed language would hinder a county's ability to fulfill public health and safety responsibilities during the construction and modification of broadcasting facilities. Specifically, the declaratory ruling and report and order would: Create two new categories of "shot clocks" that local governments must completely review applications for proposed small cell siting within before facing potential law suits from service providers. More restrictive state laws will remain in effect and will not be replaced by this order. Determine that exceeding the shot clock is a "prohibition on the provision of services." Limit application fees for all small wireless facilities to $500 for up to five sites and $100 per site thereafter. Limit recurring fees for small cells in public rights-of-way to a "reasonable approximation" of the locality's "objectively reasonable costs" for maintaining the rights-of-way, which the FCC defines as $270 per site, per year. Limit allowable local aesthetic requirements, including undergrounding requirements for wireless facilities, which the FCC would constitute as an illegal prohibition of service by a local government. If approved at the FCC's September 26 open meeting, the new regulations would go into effect 30 days September 25, 2018 BOS Minutes 258 If approved at the FCC's September 26 open meeting, the new regulations would go into effect 30 days after publication in the Federal Register. Counties would then face enforcement action if wireless providers or other small cell applicants challenge them in court based on noncompliance with the above requirements. NACo and CSAC both requested that counties send in letters to object to the draft order. Board Chair Karen Mitchoff authorized a letter to be sent to the FCC. ATTACHMENTS S. 3157 Bill Text September 25, 2018 BOS Minutes 259 II 115TH CONGRESS 2D SESSION S. 3157 To streamline siting processes for small cell deployment. IN THE SENATE OF THE UNITED STATES JUNE 28, 2018 Mr. THUNE (for himself and Mr. SCHATZ) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To streamline siting processes for small cell deployment. Be it enacted by the Senate and House of Representa-1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Streamlining The 4 Rapid Evolution And Modernization of Leading-edge In-5 frastructure Necessary to Enhance Small Cell Deployment 6 Act’’ or the ‘‘STREAMLINE Small Cell Deployment 7 Act’’. 8 VerDate Sep 11 2014 04:22 Jul 06, 2018 Jkt 079200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S3157.IS S3157dlhill on DSK3GLQ082PROD with BILLSSeptember 25, 2018 BOS Minutes 260 2 •S 3157 IS SEC. 2. PRESERVATION OF LOCAL ZONING AUTHORITY. 1 Section 332(c) of the Communications Act of 1934 2 (47 U.S.C. 332(c)) is amended by striking paragraph (7) 3 and inserting the following: 4 ‘‘(7) PRESERVATION OF LOCAL ZONING AU-5 THORITY.— 6 ‘‘(A) GENERAL AUTHORITY.—Except as 7 provided in this paragraph, nothing in this Act 8 shall limit or affect the authority of a State or 9 local government or instrumentality thereof over 10 decisions regarding the placement, construction, 11 and modification of personal wireless service fa-12 cilities. 13 ‘‘(B) LIMITATIONS.— 14 ‘‘(i) IN GENERAL.—Except as pro-15 vided in subparagraph (C), the regulation 16 of the placement, construction, or modi-17 fication of a personal wireless service facil-18 ity by any State or local government or in-19 strumentality thereof— 20 ‘‘(I) shall not unreasonably dis-21 criminate among providers of func-22 tionally equivalent services; and 23 ‘‘(II) shall not prohibit or have 24 the effect of prohibiting the provision 25 of personal wireless service. 26 VerDate Sep 11 2014 04:22 Jul 06, 2018 Jkt 079200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S3157.IS S3157dlhill on DSK3GLQ082PROD with BILLSSeptember 25, 2018 BOS Minutes 261 3 •S 3157 IS ‘‘(ii) TIMEFRAME.—A State or local 1 government or instrumentality thereof 2 shall act on any request for authorization 3 to place, construct, or modify a personal 4 wireless service facility within a reasonable 5 period of time after the request is duly 6 filed with the government or instrumen-7 tality, taking into account the nature and 8 scope of the request. 9 ‘‘(iii) WRITTEN DECISION AND 10 RECORD.—Any decision by a State or local 11 government or instrumentality thereof to 12 deny a request to place, construct, or mod-13 ify a personal wireless service facility shall 14 be— 15 ‘‘(I) in writing; and 16 ‘‘(II) supported by substantial 17 evidence contained in a written 18 record. 19 ‘‘(iv) ENVIRONMENTAL EFFECTS OF 20 RADIO FREQUENCY EMISSIONS.—No State 21 or local government or instrumentality 22 thereof may regulate the placement, con-23 struction, or modification of personal wire-24 less service facilities on the basis of the en-25 VerDate Sep 11 2014 04:22 Jul 06, 2018 Jkt 079200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S3157.IS S3157dlhill on DSK3GLQ082PROD with BILLSSeptember 25, 2018 BOS Minutes 262 4 •S 3157 IS vironmental effects of radio frequency 1 emissions to the extent that the facilities 2 comply with the Commission’s regulations 3 concerning such emissions. 4 ‘‘(v) JUDICIAL AND ADMINISTRATIVE 5 REVIEW.— 6 ‘‘(I) JUDICIAL REVIEW.—Any 7 person adversely affected by any final 8 action or failure to act by a State or 9 local government or any instrumen-10 tality thereof that is inconsistent with 11 this subparagraph may, within 30 12 days after the action or failure to act, 13 commence an action in any court of 14 competent jurisdiction, which shall 15 hear and decide the action on an ex-16 pedited basis. 17 ‘‘(II) ADMINISTRATIVE RE-18 VIEW.—Any person adversely affected 19 by an act or failure to act by a State 20 or local government or any instrumen-21 tality thereof that is inconsistent with 22 clause (iv) may petition the Commis-23 sion for relief. 24 VerDate Sep 11 2014 04:22 Jul 06, 2018 Jkt 079200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S3157.IS S3157dlhill on DSK3GLQ082PROD with BILLSSeptember 25, 2018 BOS Minutes 263 5 •S 3157 IS ‘‘(C) PLACEMENT, CONSTRUCTION, AND 1 MODIFICATION OF SMALL PERSONAL WIRELESS 2 SERVICE FACILITIES.— 3 ‘‘(i) IN GENERAL.—In addition to, 4 and not in derogation of any of, the limita-5 tions under subparagraph (B), the regula-6 tion of the placement, construction, or 7 modification of small personal wireless 8 service facilities by any State or local gov-9 ernment or instrumentality thereof— 10 ‘‘(I) shall not unreasonably dis-11 criminate among providers of the 12 same service using comparable equip-13 ment, including by providing exclusive 14 or preferential use of facilities to a 15 particular provider or class of pro-16 viders of personal wireless service; and 17 ‘‘(II) shall only permit a State or 18 local government to approve or deny a 19 permit or other permission to deploy a 20 small personal wireless service facility, 21 including access to a right-of-way or a 22 facility in a right-of-way owned or 23 managed by the State or local govern-24 VerDate Sep 11 2014 04:22 Jul 06, 2018 Jkt 079200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S3157.IS S3157dlhill on DSK3GLQ082PROD with BILLSSeptember 25, 2018 BOS Minutes 264 6 •S 3157 IS ment, based on publicly available cri-1 teria that are— 2 ‘‘(aa) reasonable; 3 ‘‘(bb) objective; and 4 ‘‘(cc) non-discriminatory. 5 ‘‘(ii) ENGINEERING STANDARDS; AES-6 THETIC REQUIREMENTS.—A State or local 7 government or instrumentality thereof may 8 regulate the placement, construction, and 9 modification of small personal wireless 10 service facilities for reasons of objective 11 and reasonable— 12 ‘‘(I) structural engineering stand-13 ards based on generally applicable 14 codes; 15 ‘‘(II) safety requirements; or 16 ‘‘(III) aesthetic or concealment 17 requirements. 18 ‘‘(iii) TIMEFRAMES.— 19 ‘‘(I) IN GENERAL.—A State or 20 local government or instrumentality 21 thereof shall act on a complete re-22 quest for authorization to place, con-23 struct, or modify a small personal 24 VerDate Sep 11 2014 04:22 Jul 06, 2018 Jkt 079200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S3157.IS S3157dlhill on DSK3GLQ082PROD with BILLSSeptember 25, 2018 BOS Minutes 265 7 •S 3157 IS wireless service facility not later 1 than— 2 ‘‘(aa)(AA) for collocation of 3 a small personal wireless service 4 facility, 60 days after the date on 5 which the complete request is 6 filed, except as provided in item 7 (bb); or 8 ‘‘(BB) for any other action 9 relating to a small personal wire-10 less service facility, 90 days after 11 the date on which the complete 12 request is filed, except as pro-13 vided in item (cc); 14 ‘‘(bb) for collocation of a 15 small personal wireless service fa-16 cility, if the State or the area 17 under the jurisdiction of the local 18 government has a population of 19 fewer than 50,000 people— 20 ‘‘(AA) 90 days after the 21 date on which the complete 22 request is filed, if during the 23 30-day period ending on 24 that date of filing, the appli-25 VerDate Sep 11 2014 04:22 Jul 06, 2018 Jkt 079200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S3157.IS S3157dlhill on DSK3GLQ082PROD with BILLSSeptember 25, 2018 BOS Minutes 266 8 •S 3157 IS cable wireless service pro-1 vider filed fewer than 50 re-2 quests for collocation of a 3 small personal wireless serv-4 ice facility with the State or 5 local government or instru-6 mentality thereof; or 7 ‘‘(BB) 120 days after 8 the date on which the com-9 plete request is filed, if dur-10 ing the 30-day period ending 11 on that date of filing, the 12 applicable wireless service 13 provider filed not fewer than 14 50 requests for collocation of 15 a small personal wireless 16 service facility with the 17 State or local government or 18 instrumentality thereof; or 19 ‘‘(cc) for any other action 20 relating to a small personal wire-21 less service facility, if the State 22 or the area under the jurisdiction 23 of the local government has a 24 VerDate Sep 11 2014 04:22 Jul 06, 2018 Jkt 079200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S3157.IS S3157dlhill on DSK3GLQ082PROD with BILLSSeptember 25, 2018 BOS Minutes 267 9 •S 3157 IS population of fewer than 50,000 1 people— 2 ‘‘(AA) 120 days after 3 the date on which the com-4 plete request is filed, if dur-5 ing the 30-day period ending 6 on that date of filing, the 7 applicable wireless service 8 provider filed fewer than 50 9 requests for any other action 10 relating to a small personal 11 wireless service facility with 12 the State or local govern-13 ment or instrumentality 14 thereof; or 15 ‘‘(BB) 150 days after 16 the date on which the com-17 plete request is filed, if dur-18 ing the 30-day period ending 19 on that date of filing, the 20 applicable wireless service 21 provider filed not fewer than 22 50 requests for any other 23 action relating to a small 24 personal wireless service fa-25 VerDate Sep 11 2014 04:22 Jul 06, 2018 Jkt 079200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S3157.IS S3157dlhill on DSK3GLQ082PROD with BILLSSeptember 25, 2018 BOS Minutes 268 10 •S 3157 IS cility with the State or local 1 government or instrumen-2 tality thereof. 3 ‘‘(II) APPLICABILITY.—The ap-4 plicable timeframe under subclause (I) 5 shall apply collectively to all pro-6 ceedings required by a State or local 7 government or instrumentality thereof 8 for the approval of the request. 9 ‘‘(III) NO TOLLING.—A time-10 frame under subclause (I) may not be 11 tolled by any moratorium, whether ex-12 press or de facto, imposed by a State 13 or local government on the consider-14 ation of any request for authorization 15 to place, construct, or modify a small 16 personal wireless service facility. 17 ‘‘(IV) TEMPORARY WAIVER.— 18 The Commission may temporarily 19 waive the applicability of subclause (I) 20 for not longer than a single 30-day 21 period for any complete request upon 22 a demonstration by a State or local 23 government that the waiver would be 24 VerDate Sep 11 2014 04:22 Jul 06, 2018 Jkt 079200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S3157.IS S3157dlhill on DSK3GLQ082PROD with BILLSSeptember 25, 2018 BOS Minutes 269 11 •S 3157 IS consistent with the public interest, 1 convenience, and necessity. 2 ‘‘(iv) DEEMED GRANTED.—If a State 3 or local government or instrumentality 4 thereof has neither granted nor denied a 5 request within the applicable timeframe 6 under subclause (I) of clause (iii), includ-7 ing any temporary waiver granted under 8 subclause (IV) of that clause, the request 9 shall be deemed granted on the date that 10 is 31 days after the date on which the gov-11 ernment instrumentality receives a written 12 notice of the failure from the applicant. 13 ‘‘(v) FEES.—Notwithstanding any 14 other provision of law, a State or local gov-15 ernment may charge a fee to consider an 16 application for the placement, construction, 17 or modification of a small personal wireless 18 facility, or to use a right-of-way or a facil-19 ity in a right-of-way owned or managed by 20 the State or local government for the 21 placement, construction, or modification of 22 a small personal wireless facility, if the fee 23 is— 24 VerDate Sep 11 2014 04:22 Jul 06, 2018 Jkt 079200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S3157.IS S3157dlhill on DSK3GLQ082PROD with BILLSSeptember 25, 2018 BOS Minutes 270 12 •S 3157 IS ‘‘(I) competitively neutral, tech-1 nology neutral, and nondiscrim-2 inatory; 3 ‘‘(II) publicly disclosed; and 4 ‘‘(III)(aa) except as provided in 5 item (bb), based on actual and direct 6 costs, such as costs for— 7 ‘‘(AA) review and processing 8 of applications; 9 ‘‘(BB) maintenance; 10 ‘‘(CC) emergency responses; 11 ‘‘(DD) repairs and replace-12 ment of components and mate-13 rials resulting from and affected 14 by the installation of small per-15 sonal wireless facilities, improve-16 ments, and equipment that facili-17 tates the deployment and instal-18 lation of such facilities; or 19 ‘‘(EE) inspections; or 20 ‘‘(bb) calculated in accordance 21 with section 224, in the case of a fee 22 charged for the placement, construc-23 tion, or modification of a small per-24 sonal wireless facility on a pole, in a 25 VerDate Sep 11 2014 04:22 Jul 06, 2018 Jkt 079200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\S3157.IS S3157dlhill on DSK3GLQ082PROD with BILLSSeptember 25, 2018 BOS Minutes 271 13 •S 3157 IS right-of-way, or on any other facility 1 that may be established under that 2 section. 3 ‘‘(vi) RULE OF CONSTRUCTION.— 4 Nothing in this subparagraph shall be con-5 strued to prevent any State or local gov-6 ernment from imposing any additional lim-7 itation or requirement relating to consider-8 ation by the State or local government of 9 an application for the placement, construc-10 tion, or modification of a small personal 11 wireless service facility. 12 ‘‘(D) DEFINITIONS.—For purposes of this 13 paragraph— 14 ‘‘(i) the term ‘antenna’ means an ap-15 paratus designed for the purpose of emit-16 ting radiofrequency radiation, to be oper-17 ated or operating from a fixed location for 18 the transmission of writing, signs, signals, 19 data, images, pictures, and sounds of all 20 kinds; 21 ‘‘(ii) the term ‘communications net-22 work’ means a network used to provide a 23 communications service; 24 VerDate Sep 11 2014 04:22 Jul 06, 2018 Jkt 079200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\S3157.IS S3157dlhill on DSK3GLQ082PROD with BILLSSeptember 25, 2018 BOS Minutes 272 14 •S 3157 IS ‘‘(iii) the term ‘communications serv-1 ice’ means— 2 ‘‘(I) cable service, as defined in 3 section 602; 4 ‘‘(II) information service; 5 ‘‘(III) telecommunications serv-6 ice; or 7 ‘‘(IV) personal wireless service; 8 ‘‘(iv) the term ‘complete request’ 9 means a request for which the applicant 10 has not received written notice from the 11 State or local government within 10 busi-12 ness days of submission— 13 ‘‘(I) stating in writing that the 14 request is incomplete; and 15 ‘‘(II) identifying the information 16 causing the request to be incomplete; 17 ‘‘(v) the term ‘generally applicable 18 code’ includes a uniform building, fire, 19 electrical, plumbing, or mechanical code 20 adopted by a national code organization, or 21 a local amendment to such a code, to the 22 extent not inconsistent with this Act; 23 VerDate Sep 11 2014 04:22 Jul 06, 2018 Jkt 079200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6201 E:\BILLS\S3157.IS S3157dlhill on DSK3GLQ082PROD with BILLSSeptember 25, 2018 BOS Minutes 273 15 •S 3157 IS ‘‘(vi) the term ‘network interface de-1 vice’ means a telecommunications demarca-2 tion device and cross-connect point that— 3 ‘‘(I) is adjacent or proximate 4 to— 5 ‘‘(aa) a small personal wire-6 less service facility; or 7 ‘‘(bb) a structure supporting 8 a small personal wireless service 9 facility; and 10 ‘‘(II) demarcates the boundary 11 with any wireline backhaul facility; 12 ‘‘(vii) the term ‘personal wireless serv-13 ice’ means— 14 ‘‘(I) commercial mobile service; 15 ‘‘(II) commercial mobile data 16 service (as that term is defined in sec-17 tion 6001 of the Middle Class Tax Re-18 lief and Job Creation Act of 2012 (47 19 U.S.C. 1401)); 20 ‘‘(III) unlicensed wireless service; 21 and 22 ‘‘(IV) common carrier wireless 23 exchange access service; 24 VerDate Sep 11 2014 04:22 Jul 06, 2018 Jkt 079200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6201 E:\BILLS\S3157.IS S3157dlhill on DSK3GLQ082PROD with BILLSSeptember 25, 2018 BOS Minutes 274 16 •S 3157 IS ‘‘(viii) the term ‘personal wireless 1 service facility’ means a facility for the 2 provision of personal wireless service; 3 ‘‘(ix) the term ‘small personal wireless 4 service facility’— 5 ‘‘(I) means a personal wireless 6 service facility in which each antenna 7 is not more than 3 cubic feet in vol-8 ume; and 9 ‘‘(II) does not include a wireline 10 backhaul facility; 11 ‘‘(x) the term ‘unlicensed wireless 12 service’— 13 ‘‘(I) means the offering of tele-14 communications service using a duly 15 authorized device that does not re-16 quire an individual license; and 17 ‘‘(II) does not include the provi-18 sion of direct-to-home satellite service, 19 as defined in section 303(v); and 20 ‘‘(xi) the term ‘wireline backhaul facil-21 ity’ means an above-ground or under-22 ground wireline facility used to transport 23 communications service or other electronic 24 communications from a small personal 25 VerDate Sep 11 2014 04:22 Jul 06, 2018 Jkt 079200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6201 E:\BILLS\S3157.IS S3157dlhill on DSK3GLQ082PROD with BILLSSeptember 25, 2018 BOS Minutes 275 17 •S 3157 IS wireless service facility or its adjacent net-1 work interface device to a communications 2 network.’’. 3 SEC. 3. GAO STUDY OF BROADBAND DEPLOYMENT ON 4 TRIBAL LAND AND ON OR NEAR TRUST LAND. 5 Not later than 1 year after the date of enactment 6 of this Act, the Comptroller General of the United States 7 shall— 8 (1) in consultation with the Secretary of Agri-9 culture, the Director of the Bureau of Indian Af-10 fairs, and the Federal Communications Commission, 11 study the process for obtaining a grant of a right- 12 of-way to deploy broadband infrastructure on tribal 13 land or on or near trust land, as defined in section 14 3765 of title 38, United States Code; 15 (2) in conducting the study under paragraph 16 (1), consider the unique challenges involved in 17 broadband deployment on tribal land and on or near 18 trust land; and 19 (3) submit to Congress a report on the study 20 conducted under paragraph (1). 21 Æ VerDate Sep 11 2014 04:22 Jul 06, 2018 Jkt 079200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6301 E:\BILLS\S3157.IS S3157dlhill on DSK3GLQ082PROD with BILLSSeptember 25, 2018 BOS Minutes 276 RECOMMENDATION(S): ADOPT Position Adjustment No. 22338 to reassign vacant position #10993 Lieutenant (6XHA) (represented) from Department 255 (Field Operations Bureau) to Department 300 (Custody Services Bureau) in the Office of the Sheriff. FISCAL IMPACT: There is no cost associated with this request. BACKGROUND: The Office of the Sheriff is requesting to reassign Lieutenant position #10993 from the Field Operations Bureau to the Custody Services Bureau in order to fulfill a staffing need in our Detention Division to be a more responsive, effective and efficient organization. CONSEQUENCE OF NEGATIVE ACTION: Failure to approve the request would impede the organization structure of the Office of the Sheriff. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 09/25/2018 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Karen Mitchoff, District IV Supervisor ABSENT:Diane Burgis, District III Supervisor Federal D. Glover, District V Supervisor Contact: Hallie Wachowiak, (925) 335-1552 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: September 25, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: Robyn Hanson C. 20 To:Board of Supervisors From:David O. Livingston, Sheriff-Coroner Date:September 25, 2018 Contra Costa County Subject:Position adjustment to reassign Lieutenant (6XHA) position #10993, from Dept. 255 (Field Operations Bureau) to Dept. 300 (Custody Services Bureau) September 25, 2018 BOS Minutes 277 AGENDA ATTACHMENTS P300 No 22388 MINUTES ATTACHMENTS Signed P300 22338 September 25, 2018 BOS Minutes 278 POSITION ADJUSTMENT REQUEST NO. 22338 DATE 8/10/2018 Department No./ Department Office of the Sheriff Budget Unit No. 0300 Org No. 2580 Agency No. 25 Action Requested: Position adjustment No. 22338 to reassign Lieutenant (6XHA) position #10993, from Department 255 (Field Operations Bureau) to Department 300 (Custody Services Bureau) Proposed Effective Date: 9/1/2099 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 Office of the Sheriff's General Fund Department must initiate necessary adjustment and submit to CAO. Use additional sheet for further explanations or comments. Mary Jane Robb ______________________________________ (for) Department Head REVIEWED BY CAO AND RELEASED TO HUMAN RESOURCES DEPARTMENT Hang Nguyen for Paul Reyes 8/15/18 ___________________________________ ________________ Deputy County Administrator Date HUMAN RESOURCES DEPARTMENT RECOMMENDATIONS DATE 9/10/2018 Reassign Lieutenant (6XHA) position #10993 from Department 255 (Field Operations Bureau) to Department 300 (Custody Services Bureau) Amend Resolution 71/17 establishing positions and resolutions allocating classes to the Basic / Exempt salary schedule. Effective: Day following Board Action. (Date) Tanya Williams 9/10/2018 ___________________________________ ________________ (for) Director of Human Resources Date COUNTY ADMINISTRATOR RECOMMENDATION: DATE Approve Recommendation of Director of Human Resources Disapprove Recommendation of Director of Human Resources Other: ____________________________________________ ___________________________________ (for) County Administrator BOARD OF SUPERVISORS ACTION: David J. Twa, Clerk of the Board of Supervisors Adjustment is APPROVED DISAPPROVED and County Administrator DATE BY APPROVAL OF THIS ADJUSTMENT CONSTITUTES A PERSONNEL / SALARY RESOLUTION AMENDMENT POSITION ADJUSTMENT ACTION TO BE COMPLETED BY HUMAN RESOURCES DEPARTMENT FOLLOWING BOARD ACTION Adjust class(es) / position(s) as follows: P300 (M347) Rev 3/15/01 September 25, 2018 BOS Minutes 279 REQUEST FOR PROJECT POSITIONS Department 025 Date 9/10/2018 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 September 25, 2018 BOS Minutes 280 September 25, 2018 BOS Minutes 281 RECOMMENDATION(S): ADOPT Position Adjustment Resolution No. 22345 to add one permanent Mental Health Community Support Worker II (VQVB) at salary plan and grade TC5-0968 ($3,202-$3,892) in the Health Services Department (Represented) FISCAL IMPACT: The annual cost of this position is $89,623 with pension cost of $17,788. This cost is funded by the Mental Health Services Act Innovation funds. BACKGROUND: The Health Services Department is requesting to add one permanent Mental Health Community Support Worker II position in the Center for Recovery and Empowerment (CORE) Program of the Behavioral Health Division. CORE is an intensive outpatient treatment program offering intensive, transitional and continuing care to adolescents dually diagnosed with substance use and mental health disorders. Services are provided by a multi-disciplinary team, and include individual, group and family therapy, and linkage to community services. The MH Community Support Worker II will provide peer support and education to consumers and family members, develop and facilitate support groups and classes, assist consumers in personal recovery and wellness goals, link consumers with the recovery community and related social activities, and participate in adventure therapy hikes. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 09/25/2018 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Karen Mitchoff, District IV Supervisor ABSENT:Diane Burgis, District III Supervisor Federal D. Glover, District V Supervisor Contact: Adrienne Todd, 957-5265 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: September 25, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C. 21 To:Board of Supervisors From:Anna Roth, Health Services Date:September 25, 2018 Contra Costa County Subject:Add one permanent Mental Health Community Support Worker II position (VQVB) (represented) in the Health Services Department September 25, 2018 BOS Minutes 282 CONSEQUENCE OF NEGATIVE ACTION: Failure to approve this request will limit the ability to provide appropriate level of service to members of the community. AGENDA ATTACHMENTS P300 22345 Add MHCSW II CORE in Health Services MINUTES ATTACHMENTS Signed P300 22345 September 25, 2018 BOS Minutes 283 POSITION ADJUSTMENT REQUEST NO. 22345 DATE 8/30/2018 Department No./ Department Health Services Department Budget Unit No. 0467 Org No. 5899 Agency No. A18 Action Requested: Add one permanent Mental Health Community Support Worker II position (VQVB) (represented) at salary level TC5-0968 in the Health Services Department Proposed Effective Date: 10/1/2018 Classification Questionnaire attached: Yes No / Cost is within Department’s budget: Yes No Total One-Time Costs (non-salary) associated with request: Estimated total cost adjustment (salary / benefits / one time): Total annual cost $89,623.00 Net County Cost $0.00 Total this FY $52,280.00 N.C.C. this FY $0.00 SOURCE OF FUNDING TO OFFSET ADJUSTMENT 100% Funded Mental Health Services Act Innovation funds Department must initiate necessary adjustment and submit to CAO. Use additional sheet for further explanations or comments. Adrienne Todd ______________________________________ (for) Department Head REVIEWED BY CAO AND RELEASED TO HUMAN RESOURCES DEPARTMENT ___________________________________ ________________ Deputy County Administrator Date HUMAN RESOURCES DEPARTMENT RECOMMENDATIONS DATE Amend Resolution 71/17 establishing positions and resolutions allocating classes to the Basic / Exempt salary schedule. Effective: Day following Board Action. (Date) ___________________________________ ________________ (for) Director of Human Resources Date COUNTY ADMINISTRATOR RECOMMENDATION: DATE 9/18/2018 Approve Recommendation of Director of Human Resources Disapprove Recommendation of Director of Human Resources /s/ Julie DiMaggio Enea Other: Approve Reques t of Health Services Department ___________________________________ (for) County Administrator BOARD OF SUPERVISORS ACTION: David J. Twa, Clerk of the Board of Supervisors Adjustment is APPROVED DISAPPROVED and County Administrator DATE BY APPROVAL OF THIS ADJUSTMENT CONSTITUTES A PERSONNEL / SALARY RESOLUTION AMENDMENT POSITION ADJUSTMENT ACTION TO BE COMPLETED BY HUMAN RESOURCES DEPARTMENT FOLLOWING BOARD ACTION Adjust class(es) / position(s) as follows: P300 (M347) Rev 3/15/01 September 25, 2018 BOS Minutes 284 REQUEST FOR PROJECT POSITIONS Department Date 9/18/2018 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 September 25, 2018 BOS Minutes 285 September 25, 2018 BOS Minutes 286 RECOMMENDATION(S): ADOPT Position Adjustment Resolution No. 22340 to cancel one Recordable Document Technician (J9WF) (represented) vacant position #5817 at salary plan and grade 3R5 1252 ($4,242- $5,156); cancel one Account Clerk-Experienced Level (JDVC) (represented) vacant position #16047 at salary plan and grade 3RH 0755 ($3,387- $4,199), and add one Clerk-Recorder Services Specialist (EATA) (represented) position at salary plan and grade 3R5 1269 ($4,314- $5,244) and one Clerk-Specialist Level (JWXD) (represented) position at salary plan and grade 3RX 1156 ($3,847- $4,913) in the Clerk-Recorder's Office. FISCAL IMPACT: 100% General Fund. The net annual cost of these actions is $11,552, and $8,664 for the remainder of this fiscal year. BACKGROUND: These actions cancel positions that are no longer used in the department and replaces them with appropriate classifications. CONSEQUENCE OF NEGATIVE ACTION: If this action is not approved, positions will remain that are neither effective nor efficient for operations. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 09/25/2018 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Karen Mitchoff, District IV Supervisor ABSENT:Diane Burgis, District III Supervisor Federal D. Glover, District V Supervisor Contact: Debi Cooper (925) 335-7897 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: September 25, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: Debi Cooper C. 22 To:Board of Supervisors From:Joseph E. Canciamilla, Clerk-Recorder Date:September 25, 2018 Contra Costa County Subject:Cancel Recordable Document Tech and Account Clerk-Exp. Level positions and add Clerk-Recorder Svcs. Specialist and Clerk-Specialist positions September 25, 2018 BOS Minutes 287 AGENDA ATTACHMENTS P300 22340 Add/Cxl Position in Clerk-Recorder Dept MINUTES ATTACHMENTS Signed P300 22340 September 25, 2018 BOS Minutes 288 POSITION ADJUSTMENT REQUEST NO. 22340 DATE 8/29/2018 Department No./ Department Clerk-Recorder-Elections Budget Unit No. 24 Org No. 0355 Agency No. 24 Action Requested: Cancel vacant Recordable Document Technician (J9WF) position #5817. Add one Clerk-Recorder Services Specialist (EATA) position. Cancel vacant Account Clerk (JDVC) position #16047. Add one Clerk Specialist level (JWXD) position. Proposed Effective Date: 9/18/2018 Classification Questionnaire attached: Yes No / Cost is within Department’s budget: Yes No Total One-Time Costs (non-salary) associated with request: $0.00 Estimated total cost adjustment (salary / benefits / one time): Total annual cost $11,552.06 Net County Cost $11,552.06 Total this FY $8,664.05 N.C.C. this FY $8,664.05 SOURCE OF FUNDING TO OFFSET ADJUSTMENT Covered in current and future budget s Department must initiate necessary adjustment and submit to CAO. Use additional sheet for further explanations or comments. Joe Canciamilla ______________________________________ (for) Department Head REVIEWED BY CAO AND RELEASED TO HUMAN RESOURCES DEPARTMENT BR for JE 9/4/2018 ___________________________________ ________________ Deputy County Administrator Date HUMAN RESOURCES DEPARTMENT RECOMMENDATIONS DATE 9/12/2018 Cancel vacant Recordable Document Technician position #5817; cancel vacant Account Clerk-Experienced Level position #16047; add one Clerk-Recorder Services Specialist position, and add one Clerk-Specialist Level position. Amend Resolution 71/17 establishing positions and resolutions allocating classes to the Basic / Exempt salary schedule. Effective: Day following Board Action. (Date) Tanya Williams 9/12/2018 ___________________________________ ________________ (for) Director of Human Resources Date COUNTY ADMINISTRATOR RECOMMENDATION: DATE 9/20/2018 Approve Recommendation of Director of Human Resources Disapprove Recommendation of Director of Human Resources /s/ Julie DiMaggio Enea Other: ____________________________________________ ___________________________________ (for) County Administrator BOARD OF SUPERVISORS ACTION: David J. Twa, Clerk of the Board of Supervisors Adjustment is APPROVED DISAPPROVED and County Administrator DATE BY APPROVAL OF THIS ADJUSTMENT CONSTITUTES A PERSONNEL / SALARY RESOLUTION AMENDMENT POSITION ADJUSTMENT ACTION TO BE COMPLETED BY HUMAN RESOURCES DEPARTMENT FOLLOWING BOARD ACTION Adjust class(es) / position(s) as follows: P300 (M347) Rev 3/15/01 September 25, 2018 BOS Minutes 289 REQUEST FOR PROJECT POSITIONS Department Date 9/20/2018 No. 1. Project Positions Requested: 2. Explain Specific Duties of Position(s) 3. Name / Purpose of Project and Funding Source (do not use acronyms i.e. SB40 Project or SDSS Funds) 4. Duration of the Project: Start Date End Date Is funding for a specified period of time (i.e. 2 years) or on a year-to-year basis? Please explain. 5. Project Annual Cost a. Salary & Benefits Costs: b. Support Costs: (services, supplies, equipment, etc.) c . Less revenue or expenditure: d. Net cost to General or other fund: 6. Briefly explain the consequences of not filling the project position(s) in terms of: a. potential future costs d. political implications b. legal implications e. organizational implications c. financial implications 7. Briefly describe the alternative approaches to delivering the services which you have considered. Indicate why these alternatives were not chosen. 8. Departments requesting new project positions must submit an updated cost benefit analysis of each project position at the halfway point of the project duration. This report is to be submitted to the Human Resources Department, which will forward the report to the Board of Supervisors. Indicate the date that your cost / benefit analysis will be submitted 9. How will the project position(s) be filled? a. Competitive examination(s) b. Existing employment list(s) Which one(s)? c. Direct appointment of: 1. Merit System employee who will be placed on leave from current job 2. Non-County employee Provide a justification if filling position(s) by C1 or C2 USE ADDITIONAL PAPER IF NECESSARY September 25, 2018 BOS Minutes 290 September 25, 2018 BOS Minutes 291 RECOMMENDATION(S): Acting as the Governing Board of the Contra Costa County Fire Protection District, ADOPT Resolution No. 2018/506 approving the Side Letter between the District and IAFF, Local 1230 regarding the Staffing for Adequate Fire and Emergency Response (SAFER) Grant. FISCAL IMPACT: The SAFER grant budget is $4,976,451 over three years. The Federal share is $3,068,812, and the local agency match is $1,907,639. This action is the administrative/staffing agreement. BACKGROUND: On September 18, 2018, the Contra Costa County Fire Protection District Board of Directors approved and authorized the Fire Chief to accept a FY 2017 Staffing for Adequate Fire and Emergency Response (SAFER) grant through the U.S. Department of Homeland Security (DHS), Federal Emergency Management Agency (FEMA), in an amount not to exceed $3,100,000 over a three-year period. The SAFER grant budget is $4,976,451 over three years. The Federal share is $3,068,812, and the local agency match is $1,907,639. The Board of Directors identified additional actions necessary APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 09/25/2018 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Karen Mitchoff, District IV Supervisor ABSENT:Diane Burgis, District III 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: September 25, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: Jeff Carman, Fire Chief, Dianne Dinsmore, Human Resources Director C. 23 To:Contra Costa County Fire Protection District Board of Directors From:David Twa, County Administrator Date:September 25, 2018 Contra Costa County Subject:Resolution No. 2018/506 – IAFF Local 1230 SAFER Grant Side Letter September 25, 2018 BOS Minutes 292 BACKGROUND: (CONT'D) to facilitate the acceptance of the grant including the Fire Board of Directors adopting a Position Adjustment Request (P300) to add the nine (9) firefighter positions to the District’s total number of authorized positions, as well as approving a side letter with IAFF Professional Firefighters, Local 1230 that outlines the use of the nine (9) firefighter positions. This action provides the side letter for adoption, the P300 will be submitted for Board approval (on consent) in October. CONSEQUENCE OF NEGATIVE ACTION: The District will not have an agreement regarding the addition of a fourth firefighter to certain engine or truck companies. AGENDA ATTACHMENTS Resolution No. 2018/506 IAFF L1230 Side Letter dated 9/18/18 MINUTES ATTACHMENTS Signed Resolution No. 2018/506 September 25, 2018 BOS Minutes 293 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and for Special Districts, Agencies and Authorities Governed by the Board Adopted this Resolution on 09/25/2018 by the following vote: AYE:3 John Gioia Candace Andersen Karen Mitchoff NO: ABSENT:2 Diane Burgis Federal D. Glover ABSTAIN: RECUSE: Resolution No. 2018/506 In the Matter of: The Side Letter between the Contra Costa County Fire Protection District and IAFF Local 1230, regarding the Staffing for Adequate Fire and Emergency Response (SAFER) Grant The Contra Costa County Fire Protection District Board of Directors acting solely in its capacity as the governing board of the Contra Costa County Fire Protection District RESOLVES THAT: Effective upon receipt of notice of the award and subsequent acceptance by the District Board of Directors of the 2017 SAFER grant, the attached Side Letter dated September 18, 2018, between the Contra Costa County Fire Protection District and IAFF Local 1230, 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: September 25, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: Jeff Carman, Fire Chief, Dianne Dinsmore, Human Resources Director September 25, 2018 BOS Minutes 294 September 25, 2018 BOS Minutes 295 September 25, 2018BOS Minutes296 RECOMMENDATION(S): APPROVE and AUTHORIZE the Agricultural Commissioner, or designee, to execute an agreement with the California Department of Food and Agriculture (CDFA) in an amount not to exceed $336,249 to provide inspection services on behalf of the CDFA at parcel sectional centers, such as the United States Post Office, Federal Express, and United Parcel Service, searching for the presence of unwanted plant pests that may pose a threat to the economic well-being of the State for the period of July 1, 2018 through June 30, 2019. FISCAL IMPACT: Agreement #18-0294-002-SF provides reimbursement for County expenses not to exceed $336,249 during the period July 1, 2018 through June 30, 2019 for inspection activities performed on behalf of the CDFA. A County match is not required and the revenue was anticipated in the FY 18/19 budget. BACKGROUND: Under this agreement, the Agriculture Department will use specially trained dog teams to search parcels to detect the presence of any unwanted plant pests, including insect species, diseases or other harmful organisms, that may pose a threat to the economic well-being of the State. Each dog team (2) will conduct surveillance inspections at parcel sectional centers, such as those operated by the United States Postal Service, Federal Express and the United Parcel Service. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 09/25/2018 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Karen Mitchoff, District IV Supervisor ABSENT:Diane Burgis, District III Supervisor Federal D. Glover, District V Supervisor Contact: 608-6600 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: September 25, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C. 24 To:Board of Supervisors From:Matt Slattengren Date:September 25, 2018 Contra Costa County Subject:18-0294-002-SF DETECTOR DOG TEAM September 25, 2018 BOS Minutes 297 CONSEQUENCE OF NEGATIVE ACTION: Failure to accept Agreement #18-0294-002-SF will result in loss of revenue for the Department to perform dog team inspections and the associated administrative overhead that benefits the Department's operational budget for FY 18/19. September 25, 2018 BOS Minutes 298 RECOMMENDATION(S): APPROVE and AUTHORIZE the Employment and Human Services Director, on behalf of the Workforce Development Board, Small Business Development Center, to apply for and accept Governor's Office of Buisness and Economic Development grant funding in an amount not to exceed $210,000 for the Small Business Technical Assistance Expansion Program for the period October 1, 2018 through September 30, 2019. FISCAL IMPACT: The County is to receive an amount not to exceed $210,000 entirely from the State's Governor's Office of Business and Economic Development. There is a required 1:1 County match, which is budgeted for using Small Business Administration funds. BACKGROUND: The California Small Business Technical Assistance Expansion Program (SB TAEP) was created in 2018 to expand the capacity of small business technical assistance programs in California. These Centers provide one-on-one, confidential consulting and training to help small businesses and entrepreneurs start, expend, and facilitate investment, and create jobs in California. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 09/25/2018 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Karen Mitchoff, District IV Supervisor ABSENT:Diane Burgis, District III 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: September 25, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C. 25 To:Board of Supervisors From:Kathy Gallagher, Employment & Human Services Director Date:September 25, 2018 Contra Costa County Subject:Governor's Office of Business and Economic Development, Technical Assistance Expansion Program Funding September 25, 2018 BOS Minutes 299 BACKGROUND: (CONT'D) Eligible consulting and training services covered by the Program's grant funding includes capital access, commercialization, business plans and strategy, export assistance, sales, operations, financial management, marketing, cyber security, procurement, manufacturing assistance, emergency preparedness, business continuity, disaster recovery, increased productivity, and innovation. The Small Business Development Center in Contra Costa County will focus on expanding the delivery of advising and training services to current and aspiring business owners throughout the County. CONSEQUENCE OF NEGATIVE ACTION: Without funding, the Small Business Development Center's expansion of advising and training programs to current and aspiring business owners would be curtailed. September 25, 2018 BOS Minutes 300 RECOMMENDATION(S): APPROVE and AUTHORIZE the Employment and Human Services Director, or designee, to apply for and accept funding in an amount not to exceed $1,216,374 from California State Department of Social Services California Work Opportunity and Responsibility to Kids (CalWORKs) Home Visiting Initiative to develop and implement a New Parent Home Visiting program for the period January 1, 2019 through June 30, 2020. FISCAL IMPACT: County to receive an amount not to exceed $1,216,374 from the California Department of Social Services, CalWORKs Home Visiting Initiative. Funds are entirely from the State, with no County match required. BACKGROUND: The Employment and Human Services Department (EHSD) Workforce Services and Community Services bureaus in conjunction with the Health Services Department and First Five are partnering to apply for funding to target CalWORKs new parents for home visiting services. The primary program components will include Voluntary Evidence-Based Home Visitation, Nurse-Family Partnership (NFP) services, case management and coordination with EHSD Workforce Services Bureau staff and Early Learning programs. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 09/25/2018 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Karen Mitchoff, District IV Supervisor ABSENT:Diane Burgis, District III 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: September 25, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C. 26 To:Board of Supervisors From:Kathy Gallagher, Employment & Human Services Director Date:September 25, 2018 Contra Costa County Subject:California Department of Social Services CalWORKs Home Visiting Initiative Funding September 25, 2018 BOS Minutes 301 BACKGROUND: (CONT'D) The purpose of the Home Visiting Program is to support positive health, development, and well-being outcomes for pregnant and parenting women, families, and infants born into poverty; expanding their future educational, economic, and financial capability opportunities, and improving the likelihood that they will exit poverty. CONSEQUENCE OF NEGATIVE ACTION: Without funding, the Home Visiting Program could not be developed and implemented in the County. CHILDREN'S IMPACT STATEMENT: The funding will support two of the five community outcomes in the Children’s Report Card: 2) “Children and Youth Healthy and Preparing for Productive Adulthood” and, 4) “Families that are Safe, Stable and Nurturing” by CalWORKs client participation in Home Visitation programs to support health and well-being of CalWORKs new parents and families. September 25, 2018 BOS Minutes 302 RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County Interagency Agreement 28-753-10 with Pittsburg Unified School District, an educational institution, to pay County an amount not to exceed $4,000 for the Public Health Clinic Services for the Scoliosis Screening Project for 7 th and 8th grade students, for the period from September 1, 2018 through August 31, 2019. FISCAL IMPACT: Approval of this Interagency Agreement will allow Pittsburg Unified School District to pay County $4.00 per student to support the Public Health Clinic Services Scoliosis Screening Project. No County match required. BACKGROUND: Pittsburg Unified School District has requested that Contra Costa Health Services, Public Health Clinic Services, provide Scoliosis Screening Clinics at their middle schools for their 7th grade girls and 8th grade boys, throughout the school year. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 09/25/2018 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Karen Mitchoff, District IV Supervisor ABSENT:Diane Burgis, District III Supervisor Federal D. Glover, District V Supervisor Contact: DANIEL PEDDYCORD 925-313-6712 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: September 25, 2018 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:Anna Roth, Health Services Director Date:September 25, 2018 Contra Costa County Subject:Interagency Agreement #28-753-10 with Pittsburg Unified School District September 25, 2018 BOS Minutes 303 BACKGROUND: (CONT'D) By providing an outreach program such as the scoliosis screening of their students, the School District is able to provide a valuable diagnostic and preventative service to their students who might otherwise go untreated. Approval of Interagency Agreement #28-753-10 will allow Pittsburg Unified School District to offer scoliosis-screening services to its students through August 31, 2019. CONSEQUENCE OF NEGATIVE ACTION: If this agreement is not approved, Pittsburg Unified School District will not provide continuous scoliosis-screening services to its eighth grade male students and seventh grade female students throughout the school year. September 25, 2018 BOS Minutes 304 RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County Interagency Agreement #28-682-16 with Mt. Diablo Unified School District, (MDUSD) an educational institution, to pay County an amount not to exceed $5,000 for the Tuberculosis (TB) Testing Program for MDUSD employees, for the period from September 25, 2018 through June 30, 2019. FISCAL IMPACT: Approval of this Interagency Agreement will result in a total payment to the County not to exceed $5,000. No County match required. BACKGROUND: In the past, MDUSD employees received vouchers to be used for TB testing at Public Health Clinics. Employees experienced extremely long waits to redeem their vouchers for testing and subsequent reading. In an effort to provide better services, MDUSD, Contra Costa Health Services, Public Health Clinic Services have coordinated services to provide TB testing and reading at one MDUSD facility. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 09/25/2018 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Karen Mitchoff, District IV Supervisor ABSENT:Diane Burgis, District III Supervisor Federal D. Glover, District V Supervisor Contact: DANIEL PEDDYCORD 925-313-6712 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: September 25, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: D Morgan, M Wilhelm C. 28 To:Board of Supervisors From:Anna Roth, Health Services Director Date:September 25, 2018 Contra Costa County Subject:Approval of Interagency Agreement #28-682-16 with Mt. Diablo Unified School District September 25, 2018 BOS Minutes 305 BACKGROUND: (CONT'D) Approval of Interagency Agreement #28-682-16, MDUSD will pay the County a total of $5,000, to provide TB testing and reading services for MDUSD employees, through June 30, 2019. CONSEQUENCE OF NEGATIVE ACTION: If this agreement is not approved, County will not be able to provide TB testing services to Contractor’s employees. September 25, 2018 BOS Minutes 306 RECOMMENDATION(S): ADOPT Resolution No. 2018/500 approving and authorizing the Sheriff-Coroner, or designee, to enter into Memorandum of Understandings (MOUs) with the Counties of Lake and Shasta for cost recovery associated with the emergency mutual aid response to the July and August 2018 California Wildfires, Federal Emergency Disaster Funds, FEMA FM-5262 and FM-5259. FISCAL IMPACT: Cost Recovery. (100% Federal) BACKGROUND: On July 26, 2018, Governor Edmund G. Brown Jr. declared a State of Emergency in Shasta County due to fires. On July 28, 2018, he declared a State of Emergency in Lake, Mendocino and Napa Counties also due to fires. Contra Costa County Office of the Sheriff provided law enforcement mutual aid to Shasta and Lake counties. Federal and State 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: 09/25/2018 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Karen Mitchoff, District IV Supervisor ABSENT:Diane Burgis, District III 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: September 25, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C. 29 To:Board of Supervisors From:David O. Livingston, Sheriff-Coroner Date:September 25, 2018 Contra Costa County Subject:California Wildfires Cost Recovery September 25, 2018 BOS Minutes 307 CONSEQUENCE OF NEGATIVE ACTION: The Office of the Sheriff will be unable to apply for reimbursement of costs associated with the mutual aid response. AGENDA ATTACHMENTS Resolution No. 2018/500 MINUTES ATTACHMENTS Signed Resolution No. 2018/500 September 25, 2018 BOS Minutes 308 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and for Special Districts, Agencies and Authorities Governed by the Board Adopted this Resolution on 09/25/2018 by the following vote: AYE:3 John Gioia Candace Andersen Karen Mitchoff NO: ABSENT:2 Diane Burgis Federal D. Glover ABSTAIN: RECUSE: Resolution No. 2018/500 In The Matter Of: Entering into a Memorandum of Understanding (MOU) with the Counties of Lake and Shasta for cost recovery associated with the emergency mutual aid response to the July and August 2018 California Wildfires, Federal Emergency Disaster Funds, FEMA FM-5262 and FM-5259. Whereas, the County of Contra Costa will be seeking cost recovery with the Counties of Lake and Shasta associated with the emergency mutual aid response due to the July and August 2018 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 July and August 2018 California Wildfires, Federal Emergency Disaster Funds, FEMA FM-5262 and FM-5259. 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: September 25, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: September 25, 2018 BOS Minutes 309 September 25, 2018 BOS Minutes 310 RECOMMENDATION(S): APPROVE and AUTHORIZE the Chief Information Officer, or designee, to execute a contract amendment, including modified indemnification language, with Sirius Computer Solutions, Inc., to extend the term from September 30, 2018 through September 30, 2021 with no change in the payment limit of $150,000, to provide continued Integrated Database Management System support services as needed by the Department of Information Technology. FISCAL IMPACT: No additional fiscal impact, as no increase to the current payment limit is recommended. Approximately $15,000 is budgeted under Fiscal Year 2018/2019, Org 1060, and billed to clients via user fees. BACKGROUND: The County uses CA Technologies Integrated Database Management System (CA IDMS) for its mainframe servers. During the term of this contract, Sirius Computer Solutions, Inc., will work with County employees, under the direction of the Department of Information Technology staff, to provide (on an as-needed basis) IDMS support services including, without limitation, analysis, performance tuning, upgrade review and monitoring. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 09/25/2018 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Karen Mitchoff, District IV Supervisor ABSENT:Diane Burgis, District III 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: September 25, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C. 30 To:Board of Supervisors From:Marc Shorr, Chief Information Officer Date:September 25, 2018 Contra Costa County Subject:Contract Extension with Sirius Computer Solutions for IDMS Support Services September 25, 2018 BOS Minutes 311 BACKGROUND: (CONT'D) The contract was initially executed for a one-year term effective October 1, 2016. A subsequent contract amendment extended the term through September 30, 2018. The contract includes provisions requiring the contractor to indemnify the County for any claims for infringement of a third party's intellectual property rights to the extent the infringement claims are based on Contractor's performance of support services under the contract. In accordance with Administrative Bulletin 605.3, service contracts exceeding $100,000 require the approval of the Board of Supervisors. CONSEQUENCE OF NEGATIVE ACTION: Mainframe production job processing can impact the Courts Systems, Law and Justice Systems, Property and Tax System. The County's business productivity could be negatively impacted if the Mainframe malfunctioned and we were unable to correct the issue; the implications could be severe. September 25, 2018 BOS Minutes 312 RECOMMENDATION(S): APPROVE clarification of Board action of June 26, 2018 (C.163), which authorized the Employment and Human Services Director, or designee, to enter into worksite agreements with employers participating in the Contra Costa Works (CCWORKS) Subsidized Employment Program to allow for reimbursement of not less than $10.50 per hour and not to exceed $20 per hour for those CalWORKs clients worksited with employers, and to change the total fund amount from 857,533 to a total fund amount of $960,666, with no change in the term of July 1, 2018 through June 30, 2019. FISCAL IMPACT: The CalWORKs participant wage reimbursements are funded with $960,666 of CalWORKs Single Allocation, which is 85% Federal and 15% State funds. CFDA #93.558 BACKGROUND: As authorized by Assembly Bill AB 74, the Employment and Human Services Department (EHSD) has operated a subsidized employment program known as Contra Costa Works (CCWORKS) since 2011. Following the guidelines and funding options of AB 98, the CCWORKS program has been designed very APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 09/25/2018 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Karen Mitchoff, District IV Supervisor ABSENT:Diane Burgis, District III Supervisor Federal D. Glover, District V Supervisor Contact: Gina Chenoweth 8-4961 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: September 25, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C. 31 To:Board of Supervisors From:Kathy Gallagher, Employment & Human Services Director Date:September 25, 2018 Contra Costa County Subject:Clarify Board Order for Contra Costa Works (CCWORKS) Program September 25, 2018 BOS Minutes 313 BACKGROUND: (CONT'D) similarly to other programs operated in the Bay Area. CalWORKs participants are screened into the program and placed with local employers (for-profit, non- profit, and public agencies) who have the responsibility for payroll, associated taxes, and workers compensation for the CCWORKS program participant worksited within their organization. The employers hire the eligible CCWORKS participants upfront and train the participants with the appropriate skills for the position in which they are placed. The participants receive a wage comparable to those workers performing the same or like duties at the worksite. A worksite agreement is executed for each participant that is placed at the employer's worksite. Under the CCWORKS program, EHSD will reimburse the employer no less than $10.50 per hour and up to $20 per hour for a minimum of 20 hours per week to a maximum of 40 hours per week (no overtime will be subsidized). Worksite contracts will not exceed six months. Monthly reimbursement invoices are submitted by participating employers for each CCWORKS participant placed at their worksite. The invoices are reviewed by EHSD CCWORKS staff and submitted to the EHSD Fiscal Unit for payment. This clarification corrects an administrative clerical error in the previously approved Board Order. CONSEQUENCE OF NEGATIVE ACTION: Without approval, the CCWORKS program participants will have fewer employment opportunities and may continue reliance on public benefits. Without the change needed due to clerical error, funding amount would be incorrect and may compromise payments. September 25, 2018 BOS Minutes 314 RECOMMENDATION(S): APPROVE clarification of Board action of June 26, 2018 (C.165), which authorized the Employment and Human Services Director, or designee, to continue the reimbursement of employers participating in the Expanded Contra Costa Works (CCWORKS) Subsidized Employment Program to allow for reimbursement of not less than $10.50 per hour and not to exceed $20 per hour for those CalWORKs clients worksited with employers, and to change the total fund amount from $960,666 to a total fund amount of $857,533 with no change in the term of July 1, 2018 through June 30, 2019. FISCAL IMPACT: Wage reimbursements for CalWORKs participants in the Expanded Employment program are funded with $857,533 of Expanded Subsidized Employment Allocation, which is 96% Federal and 4% State funds. CFDA #93.558 BACKGROUND: Following the guidelines and funding options of AB 98 and building upon the success of previous Subsidized Employment and Training (SET) programs operated under the American Recovery and Reimbursement Act (ARRA), the Expanded CCWORKS program has been designed very similarly to other APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 09/25/2018 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Karen Mitchoff, District IV Supervisor ABSENT:Diane Burgis, District III Supervisor Federal D. Glover, District V Supervisor Contact: Gina Chenoweth 8-4961 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: September 25, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C. 32 To:Board of Supervisors From:Kathy Gallagher, Employment & Human Services Director Date:September 25, 2018 Contra Costa County Subject:Clarify Board Order for Contra Costa Works Expanded (CCCWORKS) Program September 25, 2018 BOS Minutes 315 BACKGROUND: (CONT'D) programs operated in the Bay Area. CalWORKs participants will be screened into the program and placed with local employers (for-profit, non- profit, and public agencies) who will have the responsibility for (under contractual/financial worksite agreements) the payroll, associated taxes, and workers compensation for each Expanded CCWORKS program participant approved and worksited within their organization. The employers will hire the eligible CalWORKs participants in the Expanded CCWORKS program upfront and will train the participants to appropriate skills for the position in which they are placed. Expanded CCWORKS participants will receive a wage comparable to those workers performing the same or like duties at the worksite. The worksite agreement will be signed with the employer for each participant that is placed at the employer's worksite. Under the Expanded CCWORKS program, EHSD will reimburse no less than $10.50 per hour and not to exceed $20 per hour (due to the anticipated increase in minimum wage) for a minimum of 20 hours per week to a maximum of 40 hours per week. No overtime will be subsidized. The individual contracts with each employer will state the reimbursement process and those reimbursements will be paid on the contractual timeline of six months. Monthly reimbursement invoices will be submitted by participating employers for each client employed through the Expanded CCWORKS program. The invoices will be reviewed by EHSD CCWORKS staff and submitted to the EHSD Fiscal Unit for payment. This clarification corrects an administrative clerical error in the previously approved Board Order. CONSEQUENCE OF NEGATIVE ACTION: Without approval, the Expanded CCWORKS program participants will have fewer employment opportunities and will continue reliance on public benefits. Without the change needed due to clerical error, funding amount would be incorrect and may compromise payments. September 25, 2018 BOS Minutes 316 RECOMMENDATION(S): APPROVE and AUTHORIZE the Public Works Director, or designee, to execute a contract with Harley Ellis and Devereaux Corporation (HED) an amount not to exceed $750,000 to provide on-call architectural services for various facilities projects for the period from September 25, 2018 through September 25, 2021 (with a one-year extension option), which may be extended to September 25, 2022 if elected by the Public Works Director. FISCAL IMPACT: Projects will be assigned to the on-call architect when there is an approved project and funding. BACKGROUND: The purpose of the on-call contract is to provide architectural services for various County facilities projects as they occur during the agreement period. When the Public Works Department receives a project request, it will be determined at the time whether or not it would be prudent to utilize this on-call architect. The on-call architect will provide typical architectural APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 09/25/2018 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Karen Mitchoff, District IV Supervisor ABSENT:Diane Burgis, District III Supervisor Federal D. Glover, District V Supervisor Contact: Ramesh Kanzaria 925-957-2480 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: September 25, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C. 33 To:Board of Supervisors From:Brian M. Balbas, Public Works Director/Chief Engineer Date:September 25, 2018 Contra Costa County Subject:Contract with Harley Ellis and Devereaux Corporation (HED) for on-call architectural services September 25, 2018 BOS Minutes 317 BACKGROUND: (CONT'D) services, such as programming, design and construction administration. The type, size and location of projects will vary. Typical projects may include new construction, building renovations/modernizations, remodeling of an entire building or specific areas within a building, tenant improvements, exterior building restorations, MEP upgrades, structural improvements, code-related improvements and deferred maintenance projects. Projects may also include fire district buildings projects. Having this on-call agreement in place will save the county time and money when compared to the time and expense in conducting a consultant selection process on a project-by-project basis, and allow the design phase to commence sooner and provide for a shorter project completion schedule. HED was selected through a competitive qualifications-based selection process. The Public Works Department requested Statements of Qualifications ("SOQ's") and received twenty eight SOQs, and ten firms were short-listed. A selection committee comprised of County staff conducted interviews and ranked the short-listed firms. It is recommended that the above firm, who is in the five highest ranked firms, be awarded the agreement and that the on-call agreement be approved at this time. The agreement includes a one year extension option that can be exercised by the Public Works Director if he chooses. Government Code Section 31000 authorizes the County to contract for services including the type of architectural services that HED provides. CONSEQUENCE OF NEGATIVE ACTION: If the agreement is not approved, the County will not be able to take advantage of the time and cost savings possible through the utilization of on-call architectural service agreement. September 25, 2018 BOS Minutes 318 RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County Contract #26-232-4 with UHS Surgical Services, Inc., a corporation, in an amount not to exceed $200,000 for the provision of medical lasers, equipment and certified technicians to operate lasers in the Surgical Unit at Contra Costa Regional Medical Center (CCRMC) and Contra Costa Health Centers for the period September 1, 2018 through August 31, 2020. FISCAL IMPACT: This Contract is funded 100% by Hospital Enterprise Fund I. BACKGROUND: On August 15, 2017, the Board of Supervisors approved Contract #26-232-3 with UHS Surgical Services, Inc., to provide medical lasers, equipment and certified technicians to operate lasers in the Surgical Unit at CCRMC and Contra Costa Health Centers for the period September 1, 2017 through August 31, 2018. Approval of Contract #26-232-4 will allow Contractor to continue to provide medical lasers, equipment and certified technician services at CCRMC and Health Centers through August 31, 2020. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 09/25/2018 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Karen Mitchoff, District IV Supervisor ABSENT:Diane Burgis, District III 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: September 25, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: A Floyd , M Wilhelm C. 34 To:Board of Supervisors From:Anna Roth, Health Services Director Date:September 25, 2018 Contra Costa County Subject:Contract #26-232-4 with UHS Surgical Services, Inc. September 25, 2018 BOS Minutes 319 CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, patients requiring medical lasers, equipment and certified technician services at CCRMC and Contra Costa Health Centers will not have access to Contractor’s services. September 25, 2018 BOS Minutes 320 RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County Contract #76-619 with Alicia Menezes, M.D., Inc., a corporation, in an amount not to exceed $640,000 to provide ophthalmology services to patients of Contra Costa Regional Medical Center (CCRMC) and Contra Costa Health Centers for the period September 1, 2018 through August 31, 2020. FISCAL IMPACT: This Contract is funded 100% by Hospital Enterprise Fund I. BACKGROUND: Under Contract #76-619, the Contractor will provide ophthalmology services at CCRMC and Contra Costa Health Centers, including consultation, training, medical and surgical procedures, for the period from September 1, 2018 through August 31, 2020. CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, patients requiring ophthalmology services at CCRMC and Contra Costa Health Centers will not have access to Contractor’s services. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 09/25/2018 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Karen Mitchoff, District IV Supervisor ABSENT:Diane Burgis, District III 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: September 25, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: A Floyd , M Wilhelm C. 35 To:Board of Supervisors From:Anna Roth, Health Services Director Date:September 25, 2018 Contra Costa County Subject:Contract #76-619 with Alicia Menezes, M.D., Inc. September 25, 2018 BOS Minutes 321 RECOMMENDATION(S): APPROVE and AUTHORIZE the Sheriff-Coroner, or designee, to execute a contract with Arnold R. Josselson M.D., in an amount not to exceed $500,000 for the provision of forensic pathology services for the term of October 1, 2018 through September 30, 2020. FISCAL IMPACT: 100% County General Fund; $500,000. Budgeted. BACKGROUND: The County's current forensic pathologist contractor, Forensic Medical Group (FMG), has advised effective October 1, 2018, they will no longer be providing the county forensic pathologist services due to the dissolving of the company. Three pathologists that currently make up FMG are able to continue to provide these services to the county under individual contracts. One of these forensic pathologists is Arnold R. Josselson M.D. who specializes in pathology and forensic pathology. Dr. Josselson will assume responsibility for and perform autopsy services for deaths that fall within the jurisdiction of the Coroner, will prepare documents and reports as required, provide training to personnel, provide court testimony as required, and ensure that quality standards are met for the services performed. This will allow the Sheriff-Coroner’s Office to continue to meet the obligations to provide forensic pathology services. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 09/25/2018 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Karen Mitchoff, District IV Supervisor ABSENT:Diane Burgis, District III 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: September 25, 2018 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:September 25, 2018 Contra Costa County Subject:Forensic Pathology Services - Arnold R. Josselson M.D. September 25, 2018 BOS Minutes 322 CONSEQUENCE OF NEGATIVE ACTION: The current contractor will no longer be providing forensic pathology services effective October 1, 2018. If a negative action is given this will result in the Sheriff's Office not having access to a vendor to perform autopsy services and related reporting in the Coroner's Division. September 25, 2018 BOS Minutes 323 RECOMMENDATION(S): APPROVE and AUTHORIZE the Sheriff-Coroner, or designee, to execute a contract with Ikechi Ogan M.D., in an amount not to exceed $500,000 for the provision of forensic pathology services for the term of October 1, 2018 through September 30, 2020. FISCAL IMPACT: 100% County General Fund; $500,000. Budgeted. BACKGROUND: The county's current forensic pathologist contractor, Forensic Medical Group (FMG), has advised effective October 1, 2018, they will no longer be providing the county forensic pathologist services due to the dissolving of the company. Three pathologists that currently make up FMG are able to continue to provide these services to the county under individual contracts. One of these forensic pathologists is Ikechi Ogan M.D., who specializes in pathology and forensic pathology. Dr. Ogan will assume responsibility for and perform autopsy services for deaths that fall within the jurisdiction of the Coroner, will prepare as required documents and reports, provide training to personnel, provide court testimony as required, and ensure that quality standards are met for the services performed. This will allow the Sheriff-Coroner’s Office to continue to meet the obligations to provide forensic pathology services. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 09/25/2018 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Karen Mitchoff, District IV Supervisor ABSENT:Diane Burgis, District III 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: September 25, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C. 37 To:Board of Supervisors From:David O. Livingston, Sheriff-Coroner Date:September 25, 2018 Contra Costa County Subject:Forensic Pathology Services - Ikechi Ogan M.D. September 25, 2018 BOS Minutes 324 CONSEQUENCE OF NEGATIVE ACTION: The current contractor will no longer be providing forensic pathology services effective October 1, 2018. If a negative action is given this will result in the Sheriff’s Office not having access to a vendor to perform autopsy services and related reporting in the Coroner’s Division. September 25, 2018 BOS Minutes 325 RECOMMENDATION(S): APPROVE and AUTHORIZE the Sheriff-Coroner, or designee, to execute a contract with Mark A. Super M.D., in an amount not to exceed $500,000 for the provision of forensic pathology services for the term of October 1, 2018 through September 30, 2020. FISCAL IMPACT: 100% County General Fund; $500,000. Budgeted. BACKGROUND: The county's current forensic pathologist contractor, Forensic Medical Group (FMG), has advised effective October 1, 2018, they will no longer be providing the county forensic pathologist services due to the dissolving of the company. Three pathologists that currently make up FMG are able to continue to provide these services to the county under individual contracts. One of these forensic pathologists is Mark A. Super M.D., who specializes in pathology and forensic pathology. Dr. Super will assume responsibility for and perform autopsy services for deaths that fall within the jurisdiction of the Coroner, will prepare as required documents and reports, provide training to personnel, provide court testimony as required, and ensure that quality standards are met for the services performed. This will allow the Sheriff-Coroner’s Office to continue to meet the obligations to provide forensic pathology services. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 09/25/2018 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Karen Mitchoff, District IV Supervisor ABSENT:Diane Burgis, District III 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: September 25, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C. 38 To:Board of Supervisors From:David O. Livingston, Sheriff-Coroner Date:September 25, 2018 Contra Costa County Subject:Forensic Pathology Services - Mark A. Super M.D. September 25, 2018 BOS Minutes 326 CONSEQUENCE OF NEGATIVE ACTION: The current contractor will no longer be providing forensic pathology services effective October 1, 2018. If a negative action is given this will result in the Sheriff’s Office not having access to a vendor to perform autopsy services and related reporting in the Coroner’s Division. September 25, 2018 BOS Minutes 327 RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County Contract #76-596-2 with Quanmei Deng, M.D., an individual, in an amount not to exceed $241,000 for the provision of anesthesiology services to Contra Costa Regional Medical Center (CCRMC) and Contra Costa Health Centers patients for the period November 1, 2018 through October 31, 2019. FISCAL IMPACT: This Contract is funded 100% by Hospital Enterprise Fund I. BACKGROUND: On November 7, 2017, the Board of Supervisors approved Contract #76-596 (as amended by Contract Amendment Agreement #76-596-1) with Quanmei Deng, M.D., to provide anesthesiology services at CCRMC and Health Centers for the period November 1, 2017 through October 31, 2018. Approval of Contract #76-596-2 will allow Contractor to continue to provide anesthesiology services at CCRMC and Health Centers through October 31, 2019. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 09/25/2018 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Karen Mitchoff, District IV Supervisor ABSENT:Diane Burgis, District III 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: September 25, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: A Floyd, M Wilhelm C. 39 To:Board of Supervisors From:Anna Roth, Health Services Director Date:September 25, 2018 Contra Costa County Subject:Contract #76-596-2 with Quanmei Deng, M.D. September 25, 2018 BOS Minutes 328 CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, patients requiring anesthesiology services at CCRMC and Contra Costa Health Centers will not have access to Contractor’s services. September 25, 2018 BOS Minutes 329 RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County Novation Contract #74-513-3 with Portia Bell Hume Behavioral Health and Training Center, a corporation, in an amount not to exceed $1,469,936, to provide mental health services, including case management and crisis intervention to adults diagnosed with Severe and Persistent Mental Illness (SPMI) in West Contra Costa County for the period from July 1, 2018 through June 30, 2019. This Contract includes a six-month automatic extension through December 31, 2019, in an amount not to exceed $734,968. FISCAL IMPACT: This Novation Contract is funded 50% Federal Medi-Cal; 50% Mental Health Realignment. (Rate increase) BACKGROUND: This Novation Contract meets the social needs of County’s population by providing Mental Health Services Act Community Services and Support Program, including outpatient mental health services, case management, crisis intervention, and other mental health services to eligible adult clients in West Contra Costa County. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 09/25/2018 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Karen Mitchoff, District IV Supervisor ABSENT:Diane Burgis, District III Supervisor Federal D. Glover, District V Supervisor Contact: Matthew White, M.D., 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: September 25, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: L Walker , M Wilhelm C. 40 To:Board of Supervisors From:Anna Roth, Health Services Director Date:September 25, 2018 Contra Costa County Subject:Novation Contract #74-513-3 with Portia Bell Hume Behavioral Health and Training Center September 25, 2018 BOS Minutes 330 BACKGROUND: (CONT'D) On August 8, 2017, the Board of Supervisors approved Novation Contract #74-513-2 with Portia Bell Hume Behavioral Health and Training Center, for the provision of mental health services to SPMI adults for the period from July 1, 2017 through June 30, 2018. Approval of Novation Contract #74-513-3 replaces the automatic extension under the prior Contract and will allow Contractor to provide mental health services through June 30, 2019. CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, County’s SPMI clients in West Contra Costa County will not receive specialty mental health services from this Contractor. September 25, 2018 BOS Minutes 331 RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County Contract Amendment Agreement #77-120-1 with Goals for Autism, Inc., a corporation, effective September 1, 2018, to amend Contract #77-120, to include evening and weekend applied behavior analysis (ABA) services and home care training for Contra Costa Health Plan (CCHP) members with no increase the payment limit of $400,000 and no change in the original term of October 1, 2017 through September 30, 2019. FISCAL IMPACT: This amendment is funded by 100% CCHP Enterprise Fund II. (Additional rates added) BACKGROUND: On September 19, 2017, the Board of Supervisors approved Contract #77-120 with Goals for Autism, Inc., to provide ABA services for CCHP members with autism and other developmental disabilities for the period October 1, 2017 through September 30, 2019. Approval of Contract Amendment Agreement #77-120-1 will allow the Contractor to provide evening and weekend services and home care training through September 30, 2019. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 09/25/2018 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Karen Mitchoff, District IV Supervisor ABSENT:Diane Burgis, District III 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: September 25, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: K Cyr, M Wilhelm C. 41 To:Board of Supervisors From:Anna Roth, Health Services Director Date:September 25, 2018 Contra Costa County Subject:Amendment #77-120-1 with Goals for Autism, Inc. September 25, 2018 BOS Minutes 332 CONSEQUENCE OF NEGATIVE ACTION: If this amendment is not approved, Contractor will not provide evening and weekend ABA services or home care training for CCHP members. September 25, 2018 BOS Minutes 333 RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County Contract Amendment Agreement #77-117-1 with Encompass Consulting, Inc., a corporation, effective September 1, 2018, to amend Contract #77-117, to include evening and weekend applied behavioral analysis (ABA) services and home care training for Contra Costa Health Plan (CCHP) members, with no increase the original payment limit of $140,000 and no change in the original term of October 1, 2017 through September 30, 2019. FISCAL IMPACT: This amendment is funded 100% by CCHP Enterprise Fund II. (Additional rates added) BACKGROUND: On October 17, 2017, the Board of Supervisors approved Contract #77-117 with Encompass Consulting, Inc., to provide ABA services for CCHP members with autism and other developmental disabilities for the period October 1, 2017 through September 30, 2019. Approval of Contract Amendment Agreement #77-117-1 will allow the Contractor to provide evening and weekend ABA services and home care training through September 30, 2019. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 09/25/2018 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Karen Mitchoff, District IV Supervisor ABSENT:Diane Burgis, District III 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: September 25, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: K Cyr, M Wilhelm C. 42 To:Board of Supervisors From:Anna Roth, Health Services Director Date:September 25, 2018 Contra Costa County Subject:Amendment #77-117-1 with Encompass Consulting, Inc. September 25, 2018 BOS Minutes 334 CONSEQUENCE OF NEGATIVE ACTION: If this amendment is not approved, Contractor will not include evening and weekend services or home care training for CCHP members. September 25, 2018 BOS Minutes 335 RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County Contract #26-445-16 with Aaron K. Hayashi, M.D., Inc., a corporation, in an amount not to exceed $1,835,000 to provide radiology physician services for Contra Costa Regional Medical Center (CCRMC) and Health Centers for the period from October 1, 2018 through September 30, 2021. FISCAL IMPACT: This Contract is funded 100% by Hospital Enterprise Fund I. (No rate increase) BACKGROUND: On September 12, 2017, the Board of Supervisors approved Contract #26-445-15 with Aaron K. Hayashi, M.D., Inc., to provide radiology physician services at CCRMC and Health Centers, for the period October 1, 2017 through September 30, 2018. Approval of Contract #26-445-16 will allow the Contractor to continue to provide radiology physician services through September 30, 2021. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 09/25/2018 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Karen Mitchoff, District IV Supervisor ABSENT:Diane Burgis, District III 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: September 25, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: A Floyd , M Wilhelm C. 43 To:Board of Supervisors From:Anna Roth, Health Services Director Date:September 25, 2018 Contra Costa County Subject:Contract #26-445-16 with Aaron K. Hayashi, M.D., Inc. September 25, 2018 BOS Minutes 336 CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, patients requiring radiology physician services at CCRMC and Contra Costa Health Centers will not have access to Contractor’s services. September 25, 2018 BOS Minutes 337 RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County Contract #76-622 with Amal Munajed, M.D., an individual, in an amount not to exceed $270,000 to provide anesthesiology services to patients of Contra Costa Regional Medical Center (CCRMC) and Contra Costa Health Centers for the period September 1, 2018 through August 31, 2019. FISCAL IMPACT: This Contract is funded 100% by Hospital Enterprise Fund I. BACKGROUND: Under Contract #76-622, the Contractor will provide anesthesiology services at CCRMC and Contra Costa Health Centers, including consultation, training, medical and surgical procedures, for the period from September 1, 2018 through August 31, 2019. CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, patients requiring anesthesiology services at CCRMC and Contra Costa Health Centers will not have access to Contractor’s services. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 09/25/2018 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Karen Mitchoff, District IV Supervisor ABSENT:Diane Burgis, District III 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: September 25, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: A Floyd , M Wilhelm C. 44 To:Board of Supervisors From:Anna Roth, Health Services Director Date:September 25, 2018 Contra Costa County Subject:Contract #76-622 with Amal Munajed, M.D. September 25, 2018 BOS Minutes 338 RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County Novation Contract #24–315–50 with Young Men’s Christian Association of the East Bay, a non-profit corporation, in an amount not to exceed $785,710, including changes to the county standard indemnification clause, to provide on-site school-based mental health services to Seriously Emotionally Disturbed (SED) youth in select middle schools in West Contra Costa Unified School District, for the period from July 1, 2018 through June 30, 2019. This Contract includes a six-month automatic extension through December 31, 2019, in an amount not to exceed $392,855. FISCAL IMPACT: This Novation Contract is funded 47% Federal Medi-Cal; 47% Mental Health Realignment; 6% Non Medi-Cal Mental Health Realignment. (Rate increase) BACKGROUND: This Contract meets the social needs of County’s population by providing counseling and therapy services for emotionally disturbed youth in selected junior high schools in the West Contra Costa Unified School District to impact attendance records and decrease the use of acute mental health system-of-care services. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 09/25/2018 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Karen Mitchoff, District IV Supervisor ABSENT:Diane Burgis, District III Supervisor Federal D. Glover, District V Supervisor Contact: Matthew White, M.D., 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: September 25, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: L Walker , M Wilhelm C. 45 To:Board of Supervisors From:Anna Roth, Health Services Director Date:September 25, 2018 Contra Costa County Subject:Novation Contract #24–315–50 with Young Men’s Christian Association of the East Bay September 25, 2018 BOS Minutes 339 BACKGROUND: (CONT'D) On June 7, 2017, the Board of Supervisors approved Novation Contract #24–315–49 with Young Men’s Christian Association of the East Bay, 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 on-site school-based mental health services for SED youth in West Contra Costa County junior high schools. Approval of Novation Contract #24–315–50 replaces the automatic extension under the prior Contract and allows Contractor to continue providing mental health services through June 30, 2019. This contract includes modifications to County’s standard indemnification provision. CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, there will be fewer school and community-based services in West Contra Costa County for SED youth, which may result in the need for acute Mental Health system-of-care services. CHILDREN'S IMPACT STATEMENT: This program supports the following Board of Supervisors’ community outcomes: “Children ready for and succeeding in school”; “Families that are safe, stable, and nurturing”; and “Communities that are safe and provide a high quality of life for children and families.” Expected program outcomes include an increase in positive social and emotional development as measured by the Child and Adolescent Functional Assessment Scale (CAFAS). September 25, 2018 BOS Minutes 340 RECOMMENDATION(S): APPROVE and AUTHORIZE the Conservation and Development Director, or designee, to execute an Interagency Agreement with the City of Richmond with a term from October 1, 2018 through September 30, 2020 and a payment limit not to exceed $200,000 to facilitate City's use of jointly-administered North Richmond Mitigation Fee (NRMF) funding to co-staff the NRMF Committee and implement services and programs authorized in the City/County-approved expenditure plans. 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 APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 09/25/2018 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Karen Mitchoff, District IV Supervisor ABSENT:Diane Burgis, District III Supervisor Federal D. Glover, District V Supervisor Contact: Deidra Dingman, 925-674-7203 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: September 25, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C. 46 To:Board of Supervisors From:John Kopchik, Director, Conservation & Development Department Date:September 25, 2018 Contra Costa County Subject:Interagency Agreement between City of Richmond and County for Joint Administration of North Richmond Mitigation Fee funding. September 25, 2018 BOS Minutes 341 BACKGROUND: (CONT'D) > 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 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 monthly, directly, to the County. 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 County Board of Supervisors. The Expenditure Plan for the 2018/2019 fiscal year was approved by the County on June 26, 2018, and by the City on July 24, 2018. The first Interagency Agreement between the City and County 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. Since entering into the second Interagency Agreement in 2015, the amount of NRMF funded reimbursement requested by the City has been steadily decreasing each Expenditure Plan cycle. The remaining contract limit was sufficient to allow for three subsequent amendments which together extended the contract term through September 30, 2018. This new Interagency Agreement is intended to provide for continued issuance of NRMF-funded payments to the City of Richmond to facilitate on-going joint administration of funding and reimburse the City for costs incurred to implement Expenditure Plan strategies through September 30, 2020. CONSEQUENCE OF NEGATIVE ACTION: If the recommended Agreement is not approved and executed, County staff will not have the authority needed to issue NRMF funded payments to the City of Richmond, which would make it impossible to jointly administer this funding as agreed upon in the MOU between the City and the County. This would also compromise County staff's ability to reimburse the City for the costs they incur for co-staffing the NRMF Committee or the costs incurred to implement the strategies assigned to the City in the City/County-approved Expenditure Plan. September 25, 2018 BOS Minutes 342 RECOMMENDATION(S): APPROVE and AUTHORIZE the Employment and Human Services Director, or designee, to execute a contract amendment with Community Violence Solutions, a non-profit corporation, to increase the payment limit by $30,285 from $144,024 to a new payment limit of $174,309, and to extend the term from September 30, 2018 to a new term ending March 31, 2019, for the provision of services to victims of human trafficking in Contra Costa County for the period of April 1, 2018 through March 31, 2019. FISCAL IMPACT: This contract amendment will increase budgeted expenditures by $30,285 to a new payment limit of $174,309, 100% federally funded through the US Department of Justice, Office for Victims of Crimes Services to Victims of Human Trafficking Program. BACKGROUND: The County Board of Supervisors approved application to and acceptance of this U.S. Department of Justice, Office for Victims of Crime grant for comprehensive services for victims of all forms of human trafficking on July 7, 2015. Grant funding is used to assist communities in developing effective and sustainable multidisciplinary human trafficking task forces. The task forces are designed to implement APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 09/25/2018 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Karen Mitchoff, District IV Supervisor ABSENT:Diane Burgis, District III Supervisor Federal D. Glover, District V Supervisor Contact: Gina Chenoweth 8-4961 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: September 25, 2018 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:September 25, 2018 Contra Costa County Subject:Amend Contract with Community Violence Solutions for Services to Victims of Human Trafficking September 25, 2018 BOS Minutes 343 BACKGROUND: (CONT'D) collaborative, victim-centered, and coordinated approaches to identifying victims of human trafficking, addressing the individualized needs of victims through quality services, and investigating and prosecuting human trafficking cases at the local, state, tribal and federal levels. During the extended term of this contract, Contractor will continue to be responsible for case management services, social services, and criminal justice system-based advocacy for victims of trafficking who are identified during the grant period. Contractor will also support the objectives of the Project, by developing resources for survivors of human trafficking, such as conducting outreach, community awareness, and technical assistance and training on human trafficking. Contractor will also provide project management and general administrative services to support the Project and provide semi-annual progress reports on Project activities. CONSEQUENCE OF NEGATIVE ACTION: Vital services to Contra Costa County victims of human trafficking will be significantly limited. CHILDREN'S IMPACT STATEMENT: The services provided under this contract support three of the five Contra Costa County’s community outcomes: (2) "Children and Youth Healthy and Preparing for Productive Adulthood"; (4) "Families that are Safe, Stable and Nurturing"; and (5)"Communities that are Safe and Provide a High Quality of Life for Children and Families” by providing timely, high-quality, comprehensive services to Contra Costa County victims of human trafficking. September 25, 2018 BOS Minutes 344 RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County Contract Amendment Agreement #76-561-5 with Xingbo P. Sun, M.D., a corporation, effective September 1, 2018, to amend Contract #76-561-2 to increase the payment limit by $14,000, from $220,000 to a new payment limit of $234,000, with no change in the original term of October 1, 2017 through September 30, 2018. FISCAL IMPACT: This amendment is funded 100% Hospital Enterprise Fund I. (No rate increase) BACKGROUND: In August 2017, the Board of Supervisors approved Contract #76-561-2 with Xingbo P. Sun, M.D. to provide podiatry services at Contra Costa Regional Medical Center (CCRMC) and Contra Costa Health Centers, for the period October 1, 2017 through September 30, 2018. Approval of Contract Amendment Agreement #76-561-5 will allow the Contractor to provide additional podiatry services as requested by the Division due to increased patient volume through September 30, 2018. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 09/25/2018 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Karen Mitchoff, District IV Supervisor ABSENT:Diane Burgis, District III 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: September 25, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: A Floyd , M Wilhelm C. 48 To:Board of Supervisors From:Anna Roth, Health Services Director Date:September 25, 2018 Contra Costa County Subject:Amendment #76-561-5 with Xingbo P. Sun, M.D. September 25, 2018 BOS Minutes 345 CONSEQUENCE OF NEGATIVE ACTION: If this amendment is not approved, patients requiring podiatry services will not have access to Contractor’s services. September 25, 2018 BOS Minutes 346 RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County Contract Amendment Agreement #74-464-7 with John R. Rostkowski, M.D., an individual, effective December 1, 2018, to amend Contract #74-464-6, to increase the payment limit by $34,944 from $139,776 to a new payment limit of $174,720 with no change in the original term of October 1, 2018 through September 30, 2019. FISCAL IMPACT: This amendment is funded 100% by Mental Health Realignment. (No rate increase) BACKGROUND: On July 10, 2018, the Board of Supervisors approved Contract #74-464-6 with John R. Rostkowski, M.D., for the provision of outpatient psychiatric care services including diagnosing, counseling, evaluation, and providing medical and therapeutic treatment to adults in Central County for the period from October 1, 2018 through September 30, 2019. Approval of Contract Amendment Agreement #74-464-7 will allow APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 09/25/2018 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Karen Mitchoff, District IV Supervisor ABSENT:Diane Burgis, District III Supervisor Federal D. Glover, District V Supervisor Contact: Matthew White, M.D., 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: September 25, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: D Morgan, M Wilhelm C. 49 To:Board of Supervisors From:Anna Roth, Health Services Director Date:September 25, 2018 Contra Costa County Subject:Amendment #74-464-7 with John R. Rostkowski, M.D. September 25, 2018 BOS Minutes 347 BACKGROUND: (CONT'D) the Contractor to provide additional services through September 30, 2019. CONSEQUENCE OF NEGATIVE ACTION: If this amendment is not approved, County’s clients will not have access to Contractor’s psychiatric care services. September 25, 2018 BOS Minutes 348 RECOMMENDATION(S): APPROVE and AUTHORIZE the Public Works Director, or designee, to execute a Contract Amendment No. 3 with Protiviti Government Services, Inc., to increase the payment limit by $200,000 to a new payment limit of $555,000 and extending the termination date from March 20, 2019 to September 20, 2019, for temporary placement of a computer programmer, Countywide. FISCAL IMPACT: 100% Various Special Revenue Funds BACKGROUND: The Public Works Department is in the process of creating decision support APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 09/25/2018 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Karen Mitchoff, District IV Supervisor ABSENT:Diane Burgis, District III Supervisor Federal D. Glover, District V Supervisor Contact: Barry Schamach, 925-313-2185 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: September 25, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C. 50 To:Board of Supervisors From:Brian M. Balbas, Public Works Director/Chief Engineer Date:September 25, 2018 Contra Costa County Subject:APPROVE a contract amendment with Protiviti Government Services, Inc., for a temporary programmer. September 25, 2018 BOS Minutes 349 BACKGROUND: (CONT'D) tools for asset management; the Public Works Information Technology division (IT) does not have the capacity to keep up with programming requests generated by the asset management project. The contract programming resource provided under this contract will be tasked with creating the software tools that will provide the Public Works Director and the CAO with decision support data for asset management. On March 21, 2017, the Public Works Director approved an initial contract with Protiviti Government Services for $85,000 for temporary placement of a computer programmer. This original contract amount was based on an estimated ‘level of effort’ that turned out to be too low; also, additional programming tasks have been identified that are required to complete the project (Facilities Conditions Assessment data migration & reporting, calibration of RS Means forecasts). As such, there have since been two Amendments to increase the original contract amount. Amendment No. 1 was approved by the Board of Supervisors on August 15, 2017, increasing the payment limit by $115, 000 with no change to the original term. Amendment No. 2 was approved by the Board of Supervisors on January 16, 2018, increasing the payment limit by $155,000 and extended the term from March 20, 2018 to March 20, 2019. If approved, Amendment No. 3 will provide additional funds and time to allow for the completion of the FCA work, as well as delivery of the ‘Debt Service’ and ‘Cost Data’ applications that were identified in the original contract’s Service Plan. CONSEQUENCE OF NEGATIVE ACTION: Without Board approval, Public Works IT will not be able to provide the Public Works Director and County Administrator with the decision support tools that are required for the effective management of the County’s real estate portfolio. September 25, 2018 BOS Minutes 350 RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County Contract #77-176 with Joel B. Beck, M.D., Inc. (dba Bay Area Aesthetic Surgery), a professional corporation, in an amount not to exceed $1,000,000, to provide gender reassignment surgery services to Contra Costa Health Plan (CCHP) members and County recipients for the period from October 1, 2018 through September 30, 2020. FISCAL IMPACT: This Contract is funded 100% CCHP Enterprise Fund II. BACKGROUND: Under Contract #77-176, Contractor will provide gender reassignment surgery services to CCHP members and County recipients, for the period from October 1, 2018 through September 30, 2020. CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, certain specialized health care services for its members under the terms of their Individual and Group Health Plan membership contracts with the County will not be provided. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 09/25/2018 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Karen Mitchoff, District IV Supervisor ABSENT:Diane Burgis, District III 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: September 25, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: K Cyr, M Wilhelm C. 51 To:Board of Supervisors From:Anna Roth, Health Services Director Date:September 25, 2018 Contra Costa County Subject:Contract #77-176 with Joel B. Beck, M.D., Inc. (dba Bay Area Aesthetic Surgery) September 25, 2018 BOS Minutes 351 RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County Contract #27-314-15 with A.K. Bhattacharyya, M.D., Inc., a professional corporation, in an amount not to exceed $270,000, to provide neurology surgery services to Contra Costa Health Plan (CCHP) members, for the period October 1, 2018 through September 30, 2020. FISCAL IMPACT: This Contract is funded 100% by CCHP Enterprise Fund II. (Rate increase) BACKGROUND: On October 18, 2016 the Board of Supervisors executed Contract #27-314-14 with A.K. Bhattacharyya, M.D., Inc., to provide neurology surgery services to CCHP members, for the period from October 1, 2016 through September 30, 2018. Approval of Contract #27-314-15 will allow Contractor to continue providing neurology services through September 30, 2020. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 09/25/2018 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Karen Mitchoff, District IV Supervisor ABSENT:Diane Burgis, District III 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: September 25, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: K Cyr, M Wilhelm C. 52 To:Board of Supervisors From:Anna Roth, Health Services Director Date:September 25, 2018 Contra Costa County Subject:Contract #27-314-15 with A.K. Bhattacharyya, M.D., Inc. September 25, 2018 BOS Minutes 352 CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, certain specialized health care services for CCHP members under the terms of their Individual and Group Health Plan membership contracts with the County will not be provided. September 25, 2018 BOS Minutes 353 RECOMMENDATION(S): APPROVE and AUTHORIZE the County Administrator, or designee, to execute an amendment to the Statement of Work for Hourly Services with International Business Machines Corporation, to extend the term through September 30, 2019 with no change to the original payment limit of $154,400, to complete the replacement of the Department of Information Technology's current billing application with IBM's Usage and Accounting Collector mainframe application. FISCAL IMPACT: No additional County cost. The remaining allocation of $10,000 (100% User Fees) is budgeted under Org# 1060, Fiscal Year 18/19 and recovered through DoIT's billing process. BACKGROUND: IBM's CIMS application (currently in use by DoIT) has been replaced by Tivoli Decision Support for zOS (TDSz) Usage and Accounting Collector (UAC) services. CIMS is a middle ware application used to interface mainframe accounting data and our Microsoft-based accounting data. DoIT's accounting division relies on this application to import and export accounting data for the purpose of our weekly and monthly billing processes. Full conversion was not completed during the initial contract term or subsequent extensions, which expire on September 30, 2018. The Department would like to extend time to allow completion of the project. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 09/25/2018 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Karen Mitchoff, District IV Supervisor ABSENT:Diane Burgis, District III Supervisor Federal D. Glover, District V Supervisor Contact: Joanne Buenger (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: September 25, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C. 53 To:Board of Supervisors From:Marc Shorr, Chief Information Officer Date:September 25, 2018 Contra Costa County Subject:International Business Machines Corporation Client Relationship Agreement Extension September 25, 2018 BOS Minutes 354 CONSEQUENCE OF NEGATIVE ACTION: By not implementing the Tivoli Decision Support Mainframe Application upgrade, DoIT will be unable to process our internal and external billing. This would adversely impact the Department’s revenue. September 25, 2018 BOS Minutes 355 RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County Contract #27-950-2 with Brighter Beginnings, a corporation, in an amount not to exceed $500,000, to provide primary care physician services to Contra Costa Health Plan (CCHP) members, for the period from October 1, 2018 through September 30, 2020. FISCAL IMPACT: This Contract is funded 100% by CCHP Enterprise Fund II. (No rate increase) BACKGROUND: On September 20, 2016, the Board of Supervisors approved Contract #27-950-1 with Brighter Beginnings to provide primary care physician services to CCHP members for the period from October 1, 2016 through September 30, 2018. Approval of Contract #27-950-2 will allow Contractor to continue providing primary care physician services through September 30, 2020. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 09/25/2018 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Karen Mitchoff, District IV Supervisor ABSENT:Diane Burgis, District III 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: September 25, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: K Cyr, M Wilhelm C. 54 To:Board of Supervisors From:Anna Roth, Health Services Director Date:September 25, 2018 Contra Costa County Subject:Contract #27-950-2 with Brighter Beginnings September 25, 2018 BOS Minutes 356 CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, certain specialized health care services for CCHP members under the terms of their Individual and Group Health Plan membership contracts with the County will not be provided. September 25, 2018 BOS Minutes 357 RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County Contract #27-144-18 with Patrick Dixon, Ph.D., MFT, an individual, in an amount not to exceed $140,000, to provide outpatient psychotherapy services for Contra Costa Health Plan (CCHP) members, for the period October 1, 2018 through September 30, 2020. FISCAL IMPACT: This Contract is funded 100% by CCHP Enterprise Fund II. (Rate increase) BACKGROUND: On September 13, 2016, the Board of Supervisors approved Contract #27-144-17 with Patrick Dixon, Ph.D., MFT, to provide outpatient psychotherapy services for CCHP members, for the period from October 1, 2016 through September 30, 2018. Approval of Contract #27-144-18 will allow Contractor to continue providing outpatient psychotherapy services through September 30, 2020. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 09/25/2018 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Karen Mitchoff, District IV Supervisor ABSENT:Diane Burgis, District III Supervisor Federal D. Glover, District V Supervisor Contact: Patricia Tanqwuary, 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: September 25, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: K Cyr, M Wilhelm C. 55 To:Board of Supervisors From:Anna Roth, Health Services Director Date:September 25, 2018 Contra Costa County Subject:Contract #27-144-18 with Patrick Dixon, Ph.D., MFT September 25, 2018 BOS Minutes 358 CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, certain specialized health care services for CCHP members under the terms of their Individual and Group Health Plan membership contracts with the County will not be provided. September 25, 2018 BOS Minutes 359 RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County Contract #23-400-12 with Contra Costa Regional Health Foundation, a non-profit corporation, in an amount not to exceed $125,004, to provide professional consultation services to the Health Services Director with regard to the Contra Costa Regional Medical Center and Contra Costa Health Centers, for the period from October 1, 2018 through September 30, 2019. FISCAL IMPACT: This Contract is funded 100% by the Hospital Enterprise Fund I. No rate increase. BACKGROUND: On September 19, 2017, the Board of Supervisors approved Contract #23-400-11 with Contra Costa Regional Health Foundation, to provide professional consultation services to the Health Services Director with regard to the Contra Costa Regional Medical Center and Contra Costa Health Centers including, increasing community awareness of services provided; developing fundraising goals, policies, and procedures and by-laws; and working closely with the Contra Costa Regional APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 09/25/2018 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Karen Mitchoff, District IV Supervisor ABSENT:Diane Burgis, District III Supervisor Federal D. Glover, District V Supervisor Contact: Anna Roth, 925-957-5403 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: September 25, 2018 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:Anna Roth, Health Services Director Date:September 25, 2018 Contra Costa County Subject:Contract #23-400-12 with Contra Costa Regional Health Foundation September 25, 2018 BOS Minutes 360 BACKGROUND: (CONT'D) Medical Center and Contra Costa Health Center’s administrative and medical staff to develop "Application Guidelines" for requesting funding, through September 30, 2018. Approval of Contract #23-400-12 will allow the Contractor to continue to provide consultation services to the Health Services Director with regard to the Contra Costa Regional Medical Center and Contra Costa Health Centers community support and fundraising services through September 30, 2019. CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, the County will not continue to receive continuous community support and fundraising activities for the Contra Costa Regional Medical Center and Health Centers. September 25, 2018 BOS Minutes 361 RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County Contract #77-179 with First Choice Anesthesia Consultants of Northern California, PC, a professional corporation, in an amount not to exceed $200,000 to provide anesthesiology services to Contra Costa Health Plan (CCHP) members and County recipients for the period October 1, 2018 through September 30, 2020. FISCAL IMPACT: This Contract is funded 100% CCHP Enterprise Fund II. BACKGROUND: Under Contract #77-179, Contractor will provide anesthesiology services to CCHP members and County recipients, for the period from October 1, 2018 through September 30, 2020. CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, certain specialized health care services for its members under the terms of their Individual and Group Health Plan membership contracts with the County will not be provided. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 09/25/2018 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Karen Mitchoff, District IV Supervisor ABSENT:Diane Burgis, District III 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: September 25, 2018 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:Anna Roth, Health Services Director Date:September 25, 2018 Contra Costa County Subject:Contract #77-179 with First Choice Anesthesia Consultants of Northern California, PC September 25, 2018 BOS Minutes 362 RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County Contract #74-463-6 with Bi-Bett Corporation, a non-profit corporation, in an amount not to exceed $177,025, to provide transitional housing services for homeless adult males who have recently completed substance use treatment, including referrals from State's Assembly Bill (AB) 109 program, for the period from July 1, 2018 through June 30, 2019. FISCAL IMPACT: This Contract is funded 100% State AB 109. (Rate increase) BACKGROUND: This Contract meets the social needs of County’s population by providing specialized transitional housing services for homeless adult males referred from State’s AB 109 Program and from substance use disorder treatment programs. Contractor’s program is designed to help residents maintain sobriety and other gains achieved in treatment while they participate in employment and self-sufficiency services designed to support their transition to permanent APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 09/25/2018 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Karen Mitchoff, District IV Supervisor ABSENT:Diane Burgis, District III Supervisor Federal D. Glover, District V Supervisor Contact: Matthew White, M.D., 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: September 25, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: E Suisala , M Wilhelm C. 58 To:Board of Supervisors From:Anna Roth, Health Services Director Date:September 25, 2018 Contra Costa County Subject:Contract #74-463-6 with Bi-Bett Corporation September 25, 2018 BOS Minutes 363 BACKGROUND: (CONT'D) housing and productive community engagement. On July 18, 2017, the Board of Supervisors approved Contract #74-463-5 with Bi-Bett Corporation to provide transitional housing services for homeless adult males who have recently completed substance use treatment, including referrals from State’s AB 109 program, for the period July 1, 2017 through June 30, 2018. Approval of Contract #74-463-6 will allow the Contractor to continue providing services through June 30, 2019. CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, County clients who are in need of transitional housing services will not have access to Contractor’s services possibly resulting in substance use relapse or recidivism. September 25, 2018 BOS Minutes 364 RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County Contract #74-535-2 with R.E.A.C.H. Project, a non-profit corporation, in an amount not to exceed $113,705, to provide substance use disorder prevention treatment services to Medi-Cal eligible County residents, for the period from July 1, 2018 through June 30, 2019. FISCAL IMPACT: This Contract is funded 54% CalWORKS Alcohol and Other Drugs Services; 46% CalWORKS Mental Health. (No Rate increase) BACKGROUND: On July 18, 2017, the Board of Supervisors approved Contract #74-535-1 with R.E.A.C.H. Project to provide substance use disorder prevention treatment services to Medi-Cal eligible County residents, including but not limited to group and family counseling, wellness and life skills education group, for the period July 1, 2017 through June 30, 2018. Approval of Contract #74-535-2 will allow the Contractor to continue providing services, through June 30, 2019. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 09/25/2018 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Karen Mitchoff, District IV Supervisor ABSENT:Diane Burgis, District III Supervisor Federal D. Glover, District V Supervisor Contact: Matthew White, M.D., 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: September 25, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: E Suisala , M Wilhelm C. 59 To:Board of Supervisors From:Anna Roth, Health Services Director Date:September 25, 2018 Contra Costa County Subject:Contract #74-535-2 with R.E.A.C.H. Project September 25, 2018 BOS Minutes 365 CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, County’s Clients will not have access to Contractor’s services, which may result in a reduction in the levels of service to the community. CHILDREN'S IMPACT STATEMENT: This program supports the following Board of Supervisors’ community outcomes: “Children Ready For and Succeeding in School”; “Families that are Safe, Stable, and Nurturing”; and “Communities that are Safe and Provide a High Quality of Life for Children and Families”. Expected program outcomes include an increase in positive social and emotional development as measured by the Child and Adolescent Functional Assessment Scale (CAFAS). September 25, 2018 BOS Minutes 366 RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County Contract #74-222-6 with J Cole Recovery Homes, Inc., a corporation, in an amount not to exceed $771,502, for the provision of residential substance abuse use disorder treatment services for male offenders in East Contra Costa County, for the period from July 1, 2018 through June 30, 2019. FISCAL IMPACT: This Contract is funded by 26% Federal Drug Medi-Cal; 26% State General Fund; 34% State Assembly Bill (AB) 109; 14% Drug Medi-Cal Local Revenue Fund. (Rate increase) BACKGROUND: This Contract meets the social needs of County’s population by providing specialized substance abuse treatment services so that adults with co-occurring mental disorders are provided an opportunity to achieve sobriety and recover from the effects of alcohol and other drug use, become self-sufficient, and return to their families as productive individuals. In September 2017, the County Administrator APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 09/25/2018 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Karen Mitchoff, District IV Supervisor ABSENT:Diane Burgis, District III Supervisor Federal D. Glover, District V Supervisor Contact: Matthew White, M.D., 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: September 25, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: E Suisala , M Wilhelm C. 60 To:Board of Supervisors From:Anna Roth, Health Services Director Date:September 25, 2018 Contra Costa County Subject:Contract #74-222-6 with J Cole Recovery Homes, Inc. September 25, 2018 BOS Minutes 367 BACKGROUND: (CONT'D) approved and the Purchasing Services Manager executed Contract #74-222-5 with J Cole Recovery Homes, Inc., to provide residential substance abuse use disorder treatment services for male offenders in East Contra Costa County for the period from July 1, 2017 through June 30, 2018. Approval of Contract #74-222-6 will allow the Contractor to continue providing services through June 30, 2019. CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, individuals will not receive alcohol and drug prevention and treatment services they need to maintain sobriety and reduce risk factors. September 25, 2018 BOS Minutes 368 RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County Contract #74-439-12 with Bay Area Community Resources, Inc., a non-profit corporation, in an amount not to exceed $726,345, for the provision of Substance Abuse Prevention and Treatment (SAPT) services, for the period from July 1, 2018 through June 30, 2019. FISCAL IMPACT: This Contract is funded by 25% Federal Drug Medi-Cal; 25% Drug Medi-Cal Realignment; 4% State Assembly Bill 109; 46% SAPT Set-Aside Funds. (Rate increase) BACKGROUND: This Contract meets the social needs of County’s population by providing specialized substance abuse treatment services so that adults with co-occurring mental disorders are provided an opportunity to achieve sobriety and recover from the effects of alcohol and other drug use, become self-sufficient, and return to their families as productive individuals. In August 2017, the County Administrator APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 09/25/2018 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Karen Mitchoff, District IV Supervisor ABSENT:Diane Burgis, District III Supervisor Federal D. Glover, District V Supervisor Contact: Matthew White, M.D., 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: September 25, 2018 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:Anna Roth, Health Services Director Date:September 25, 2018 Contra Costa County Subject:Contract #74-439-12 with Bay Area Community Resources, Inc. September 25, 2018 BOS Minutes 369 BACKGROUND: (CONT'D) approved and the Purchasing Services Manager executed Contract #74-439-9, (as amended by Contract Amendment Agreement #74-439-10) with Bay Area Community Resources, Inc., to provide SAPT services including, but not limited to, individual and group counseling services for offenders referred through the AB 109 criminal justice realignment program in West Contra Costa County for the period from July 1, 2017 through June 30, 2018. Approval of Contract #74-439-12 will allow the Contractor to continue providing services through June 30, 2019. CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, individuals will not receive alcohol and drug prevention and treatment services they need to maintain sobriety and reduce risk factors. September 25, 2018 BOS Minutes 370 RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County Contract Amendment Agreement #24-243-64 with R.E.A.C.H. Project, a non-profit corporation, effective September 1, 2018, to amend Contract #24-243-63 to decrease the payment limit by $113,602, from $1,362,420 to a new payment limit of $1,248,818, to provide fewer drug abuse prevention and treatment services to youth and adults in East County, with no change in the original term of July 1, 2018 through June 30, 2019. FISCAL IMPACT: This Contract is funded by 36% Substance Abuse Prevention and Treatment (SAPT) Block Grant; by 58% Drug Medi-Cal Realignment; by 5% Probation Department; by 1% CalWORKS (No rate increase) BACKGROUND: On July 24, 2018, the Board of Supervisors approved Contract #24-243-63 with R.E.A.C.H. Project, to provide drug abuse prevention and treatment services at Contractor’s facilities throughout East County, for the period from July 1, 2018 through June 30, 2019. Funding for the Family Wellness Program APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 09/25/2018 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Karen Mitchoff, District IV Supervisor ABSENT:Diane Burgis, District III Supervisor Federal D. Glover, District V Supervisor Contact: Matthew White, M.D., 925-370-5891 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: September 25, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: E Suisala , M Wilhelm C. 62 To:Board of Supervisors From:Anna Roth, Health Services Director Date:September 25, 2018 Contra Costa County Subject:Amendment #24-243-64 with R.E.A.C.H. Project September 25, 2018 BOS Minutes 371 BACKGROUND: (CONT'D) was mistakenly included in this contract. This amendment will allow the Family Wellness Program funds to be used in a different contract to provide these services. Approval of Contract Amendment Agreement #24-243-64 will allow the Contractor to continue to provide drug abuse prevention and treatment services, through June 30, 2019. CONSEQUENCE OF NEGATIVE ACTION: If this amendment is not approved, funding that was mistakenly included in this contract will not be transferred to the appropriate contract to provide necessary services. 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. September 25, 2018 BOS Minutes 372 RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County Contract #74–196–21 with Anka Behavioral Health, Incorporated, a non-profit corporation, in an amount not to exceed $663,561, to provide outpatient Medi-Cal drug treatment services, for the period from July 1, 2018 through June 30, 2019. FISCAL IMPACT: This Contract is funded by 40% Federal Drug Medi-Cal; 40% State Drug Medi-Cal; 14% Assembly Bill 109; 6% Substance Abuse Prevention and Treatment (SAPT) Block Grant. (Rate increase) BACKGROUND: This Contract meets the social needs of County’s population by providing specialized substance abuse treatment services so that adults with co-occurring mental disorders are provided an opportunity to achieve sobriety and recover from the effects of alcohol and other drug use, become self-sufficient, and return to their families as productive individuals. On July 18, 2017, the Board of Supervisors approved Contract #74–196–19, (as amended by Contract Amendment Agreement #74-196-20) APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 09/25/2018 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Karen Mitchoff, District IV Supervisor ABSENT:Diane Burgis, District III Supervisor Federal D. Glover, District V Supervisor Contact: Matthew White, M.D., 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: September 25, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: E Suisala , M Wilhelm C. 63 To:Board of Supervisors From:Anna Roth, Health Services Director Date:September 25, 2018 Contra Costa County Subject:Contract #74–196–21 with Anka Behavioral Health, Incorporated September 25, 2018 BOS Minutes 373 BACKGROUND: (CONT'D) with Anka Behavioral Health, Incorporated, to provide Medi-Cal drug abuse treatment services for the period from July 1, 2017 through June 30, 2018. Approval of Contract #74–196–21 will allow the Contractor to continue providing services through June 30, 2019. CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, County residents with co-occurring substance abuse and psychiatric disorders will not have access to Contractor’s services, which may result in a reduction in the overall levels of service to the community. September 25, 2018 BOS Minutes 374 RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County Contract #24–429–65 with Ujima Family Recovery Services, a non-profit corporation, in an amount not to exceed $4,373,890 to provide residential and outpatient treatment for pregnant and parenting women and their young children, for the period from July 1, 2018 through June 30, 2019. FISCAL IMPACT: This Contract is funded by 42% Federal Drug Medi-Cal (DMC); 42% DMC Local Revenue Fund and State Grant Fund; 14% Substance Abuse Prevention and Treatment (SAPT) Perinatal Set-Aside; 2% SAPT Block Grant. (Rate increase) BACKGROUND: This Contract meets the social needs of County’s population by providing family-centered alcohol and drug treatment services to pregnant and parenting women and their children, in order to prevent perinatal substance abuse and improve birth outcomes. On July 18, 2017, the Board of Supervisors approved Contract #24–429–62 (as amended by Contract Amendment #24-429-64) with Ujima Family APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 09/25/2018 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Karen Mitchoff, District IV Supervisor ABSENT:Diane Burgis, District III Supervisor Federal D. Glover, District V Supervisor Contact: Matthew White, M.D., 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: September 25, 2018 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:Anna Roth, Health Services Director Date:September 25, 2018 Contra Costa County Subject:Contract #24–429–65 with Ujima Family Recovery Services September 25, 2018 BOS Minutes 375 BACKGROUND: (CONT'D) Recovery Services to provide residential and outpatient treatment for pregnant and parenting women and their small children, for the period from July 1, 2017 through June 30, 2018. Approval of Contract #24–429–65 will allow Contractor to continue to provide services through June 30, 2019. CONSEQUENCE OF NEGATIVE ACTION: If this Contract is not approved, pregnant and parenting women will not receive the alcohol and drug treatment services they need which may result in perinatal substance abuse and additional risk to their babies. CHILDREN'S IMPACT STATEMENT: This Alcohol and Drug Abuse program supports the Board of Supervisors’ “Families that are Safe, Stable, and Nurturing” community outcome by providing parenting education, stability, and safety for mothers (and their children) and pregnant women who are alcohol and drug dependent, while they are in substance abuse treatment. Expected outcomes include delivery of drug-free babies, decreased use of alcohol, tobacco and other drugs, reduction in the number of relapses, and creation of a sober social network. September 25, 2018 BOS Minutes 376 RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County Contract #74-571 with Psynergy Programs, Inc., a corporation, in an amount not to exceed $312,381 to provide residential and mental health services to adults diagnosed with Serious Mental Illness (SMI) and Serious Persistent Mental Illness (SPMI) for the period from September 1, 2018 through June 30, 2019. FISCAL IMPACT: This Contract is funded by 24% Federal Medi-Cal and by 76% Mental Health Services Act. BACKGROUND: This Contract meets the social needs of County’s population by providing residential facilities for adults who require support and are being discharged from state hospitals or psychiatric health facilities and require step-down care to transition to community living. Under Contract #74-571, the Contractor will provide residential and mental health services to adults diagnosed with SMI and SPMI being stepped down from Institutes for Mental Diseases (IMD) levels of care and transition back into the community, through June 30, 2019. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 09/25/2018 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Karen Mitchoff, District IV Supervisor ABSENT:Diane Burgis, District III Supervisor Federal D. Glover, District V Supervisor Contact: Matthew White, M.D., 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: September 25, 2018 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:Anna Roth, Health Services Director Date:September 25, 2018 Contra Costa County Subject:Contract #74-571 with Psynergy Programs, Inc. September 25, 2018 BOS Minutes 377 CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, County clients in need of crisis residential or step-down care will not have access to Contractor’s services possibly resulting in higher levels of placement, including hospitalization. September 25, 2018 BOS Minutes 378 RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County Contract Amendment Agreement #26-573-8 with Dominic Ciotola (dba CPR Training Center), a sole proprietor, effective July 1, 2018, to amend Contract #26-573-7, to include additional training services with no increase in the original payment limit of $282,000, and no change in the original term of July 1, 2018 through June 30, 2021. FISCAL IMPACT: This amendment is funded 100% by Hospital Enterprise Fund I. (Rate increase) BACKGROUND: On June 5, 2018, the Board of Supervisors approved Contract #26-583-7 with Dominic Ciotola (dba CPR Training Center), to provide Cardiopulmonary Resuscitation (CPR) training courses for selected Contra Costa Regional Medical Center (CCRMC) and Contra Costa Health Centers staff for the period from July 1, 2018 through June 30, 2021. Approval of Contract Amendment Agreement #26-573-8 will allow the Contractor to provide additional CPR services including Basic Life Support Skills course through June 30, 2021. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 09/25/2018 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Karen Mitchoff, District IV Supervisor ABSENT:Diane Burgis, District III Supervisor Federal D. Glover, District V Supervisor Contact: Jaspreet Benepal, 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: September 25, 2018 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:Anna Roth, Health Services Director Date:September 25, 2018 Contra Costa County Subject:Amendment #26-573-8 with Dominic Ciotola (dba CPR Training Center) September 25, 2018 BOS Minutes 379 CONSEQUENCE OF NEGATIVE ACTION: If this amendment is not approved, CCRMC staff will not have access to Contractor’s additional training services. September 25, 2018 BOS Minutes 380 RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County Contract #72-118 including changes to the County’s Standard Indemnification clause with TRC Solutions, Inc., a corporation, in an amount not to exceed $75,000 to conduct an assessment of potentially hazardous waste at the Keller Canyon Landfill, for the period October 1, 2018 through September 30, 2019. FISCAL IMPACT: 100% funded by Keller Canyon Mitigation Funds. BACKGROUND: The purpose of this contract is to investigate the potential presence of radioactive and hazardous landfill waste at the Keller Canyon Landfill, reported to originate from the Hunters Point Shipyard, and assess community concerns. Contractor’s services will include but are not limited to: (1) facilitating a public introduction meeting; (2) meeting with Environmental Health Division (EHD) staff to present findings from the final Forensic Audit Technical Memorandum; (3) providing the Final Community Participation Plan; (4) facilitating a public meeting to present the draft Work Plan and obtain community input before producing the final Work Plan; (5) meeting with EH Director to define and align the community input and revisions to the Work Plan; and (6) providing suggestions on the next steps. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 09/25/2018 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Karen Mitchoff, District IV Supervisor ABSENT:Diane Burgis, District III Supervisor Federal D. Glover, District V Supervisor Contact: Marilyn Underwood, 925-692-2521 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: September 25, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: Tasha Scott, Marcy Wilhelm C. 67 To:Board of Supervisors From:Anna Roth, Health Services Director Date:September 25, 2018 Contra Costa County Subject:Contract #72-118 with TRC Solutions, Inc. September 25, 2018 BOS Minutes 381 BACKGROUND: (CONT'D) Under Contract #72-188, the Contractor will conduct an assessment of potentially hazardous waste in the Keller Canyon Landfill, through September 30, 2019. This contract contains modifications to the County Standard Indemnification Clause. CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, potential hazardous materials at the Keller Canyon Landfill might not be addressed and remediated. September 25, 2018 BOS Minutes 382 RECOMMENDATION(S): APPROVE Substantial Amendment to the County's FY 2018/19 Community Development Block Grant (CDBG) Program Action Plan, by amending the scope of work for improvements to pump stations located within the Hotchkiss Tract in Oakley, CA 94561. FISCAL IMPACT: CDBG funds are provided to the County on a formula allocation basis by the U.S. Department of Housing and Urban Development (HUD) - CFDA #14.218. There is no fiscal impact to the County's General Fund. BACKGROUND: On June 26, 2018, the Board of Supervisors approved the Contra Costa County CDBG Action Plan for FY 2018/19. As part of this plan, Reclamation District 799 (RD799) was awarded $84,000 in CDBG funds to improve Hotchkiss Tract Pump Stations 3 and 4 by installing manual transfer switches and replacing a dilapidated trash screen. The pumps housed at each station protect the land and 1,250 residents, residing within the Hotchkiss Tract, from becoming inundated by flood waters during times of heavy rainfall and elevated water stages; thereby preventing property damage, increasing public safety, and providing vector control. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 09/25/2018 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Karen Mitchoff, District IV Supervisor ABSENT:Diane Burgis, District III Supervisor Federal D. Glover, District V Supervisor Contact: Daniel Davis, (925) 674-7886 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: September 25, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stephanie Mello, Deputy cc: C. 68 To:Board of Supervisors From:John Kopchik, Director, Conservation & Development Department Date:September 25, 2018 Contra Costa County Subject:Substantial Amendment to the County's FY 2018/19 CDBG Action Plan - Change in Scope to the Reclamation District 799 Pump Station Improvements Project September 25, 2018 BOS Minutes 383 BACKGROUND: (CONT'D) > RD799 recently notified CDBG staff that the pump at Pump Station 3 has completely failed. Therefore, RD799 has requested, and CDBG staff recommends, amending the scope-of-work to include the additional repair/replacement work to the pump at Pump Station 3. This Substantial Amendment only modifies the project scope by including the repair/replacement of the pump at Pump Station 3, and does not change the original award of $84,000 of CDBG funds to this project. RD799 is getting bids for Pump Station 3 and once the bids are submitted will know whether or not there are adequate funds to proceed with repairs of Pump Station 4. CONSEQUENCE OF NEGATIVE ACTION: Not approving the Substantial Amendment will place a financial burden on RD799 to replace the pump, or risk catastrophic flood inundation. Furthermore, it will delay and/or prevent the original pump station improvements. CHILDREN'S IMPACT STATEMENT: The Hotchkiss Tract pump stations further the Children's Report Card outcome of helping families to be safe, stable, and nurturing. September 25, 2018 BOS Minutes 384 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 September 11, 2018, 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 APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 09/25/2018 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Karen Mitchoff, District IV Supervisor ABSENT:Diane Burgis, District III Supervisor Federal D. Glover, District V Supervisor Contact: Julie 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: September 25, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stephanie Mello, Deputy cc: C. 69 To:Board of Supervisors From:David Twa, County Administrator Date:September 25, 2018 Contra Costa County Subject:CONTINUE EXTENSION OF EMERGENCY DECLARATION REGARDING HOMELESSNESS September 25, 2018 BOS Minutes 385 BACKGROUND: (CONT'D) to continue the declaration of a local emergency regarding homelessness. September 25, 2018 BOS Minutes 386 RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County Contract #26-410-1 with La Clinica de La Raza, Inc., a non-profit corporation, to provide transfer and coordination of care for patients requiring emergency medical care at Contra Costa Regional Medical Center, for the period from March 1, 2018 through February 29, 2020. FISCAL IMPACT: This is a non-financial agreement. BACKGROUND: The goal of this Care Transition Agreement is provide continuity of care for La Clinica de La Raza, Inc. patients who are treated at Contra Costa Regional Medical Center and ensure that these patients are connected with their primary medical home after the hospital visit. Approval of Contract #26-410-1 will articulate the roles of the parties with regard to transfer and coordination of patients who have been hospitalized at Contra Costa Regional Medical Center, through February 29, 2020. This agreement includes mutual indemnification to hold harmless both parties for any claims arising out of the performance of this Agreement. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 09/25/2018 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Karen Mitchoff, District IV Supervisor ABSENT:Diane Burgis, District III 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: September 25, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stephanie Mello, Deputy cc: A Floyd , M Wilhelm C. 70 To:Board of Supervisors From:Anna Roth, Health Services Director Date:September 25, 2018 Contra Costa County Subject:Contract #26-410-1 with La Clinica de La Raza, Inc. September 25, 2018 BOS Minutes 387 CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, the transfer and coordination of care for these patients may not be in compliance with all applicable Federal and State statutes and regulations, including the Emergency Medical Treatment and Labor Act (EMTALA). September 25, 2018 BOS Minutes 388 RECOMMENDATION(S): DECLARE as surplus and AUTHORIZE the Purchasing Agent, or designee, to dispose of fully depreciated vehicles and equipment no longer needed for public use, as recommended by the Public Works Director, Countywide. FISCAL IMPACT: No fiscal impact. BACKGROUND: Section 1108-2.212 of the County Ordinance Code authorizes the Purchasing Agent to dispose of any personal property belonging to Contra Costa County and found by the Board of Supervisors not to be required for public use. The property for disposal is either obsolete, worn out, beyond economical repair, or damaged beyond repair. CONSEQUENCE OF NEGATIVE ACTION: Public Works would not be able to dispose of surplus vehicles and equipment. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 09/25/2018 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Karen Mitchoff, District IV Supervisor ABSENT:Diane Burgis, District III Supervisor Federal D. Glover, District V Supervisor Contact: Nida Rivera, (925) 313-2124 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: September 25, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stephanie Mello, Deputy cc: C. 71 To:Board of Supervisors From:Brian M. Balbas, Public Works Director/Chief Engineer Date:September 25, 2018 Contra Costa County Subject:Disposal of Surplus Property September 25, 2018 BOS Minutes 389 ATTACHMENTS Surplus Vehicles & Equipment September 25, 2018 BOS Minutes 390 ATTACHMENT TO BOARD ORDER SEPTEMBER 25, 2018 Department Description/Unit/Make/Model Serial No. Condition A. Obsolete B. Worn Out C. Beyond economical repair D. Damaged beyond repair SHERIFF 2013 FORD INTERCEPTOR #2335 (77968 MILES) 1FAHP2MT6DG201967 D. DAMAGED BEYOND ECONOMICAL REPAIR SHERIFF 2013 FORD INTERCEPTOR #3302 (104755 MILES) 1FM5K8AR7DGC25911 B. WORN OUT SHERIFF 2014 FORD INTERCEPTOR #3402 (116253 MILES) 1FM5K8AR5EGA91952 B. WORN OUT SHERIFF 2017 FORD INTERCEPTOR #2568 (23896 MILES) 1FAHP2MT2HG122804 D. DAMAGED BEYOND ECONOMICAL REPAIR SHERIFF 2011 FORD CROWN VICTORIA #2136 (69108 MILES) 2FABP7BVXBX176201 D. DAMAGED BEYOND ECONOMICAL REPAIR September 25, 2018 BOS Minutes 391 RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County Amendment Agreement #76-554-1 with The Regents of the University of California, San Francisco (UCSF), an Educational Institution, effective September 1, 2018, to amend Contract #76-554, to extend the termination date to August 31, 2020, for additional collection of data on palliative care services at Contra Costa Regional Medical Center. FISCAL IMPACT: This is a non-financial agreement. BACKGROUND: On October 18, 2016, the Board of Supervisors approved Contract #76-554, with UCSF for the provision of the collection of palliative care services, for the period from September 1, 2016 through August 31, 2018. This contract includes mutual indemnification. Approval of Contract Amendment/Extension Agreement #76-554-1 will allow the Contractor to continue providing collection of data on palliative care services through August 31, 2020. CONSEQUENCE OF NEGATIVE ACTION: If this amendment is not approved, Contractor will not continue providing collection of data on palliative care services. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 09/25/2018 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Karen Mitchoff, District IV Supervisor ABSENT:Diane Burgis, District III 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: September 25, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stephanie Mello, Deputy cc: A Floyd, M Wilhelm C. 72 To:Board of Supervisors From:Anna Roth, Health Services Director Date:September 25, 2018 Contra Costa County Subject:Amendment #76-554-1 with The Regents of the University of California, San Francisco September 25, 2018 BOS Minutes 392 September 25, 2018 BOS Minutes 393 RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County Amendment Agreement #26-591-2 with The Regents of the University of California San Francisco on behalf of the University of California, San Francisco Medical Center (UCSF) and Benioff Children’s Hospital, an Educational Institution, effective September 1, 2018, to amend Contract #26-591-1, to extend the termination date to August 31, 2022, for additional transfer of patients and records from Contra Costa Regional Medical Center and Contra Costa Health Centers (CCRMC) to UCSF and Benioff Children’s Hospital. FISCAL IMPACT: This is a non-financial agreement. BACKGROUND: On January 7, 2014, the Board of Supervisors approved Contract #26-591-1 with UCSF and Benioff Children’s Hospital for the transfer of patients and records from CCRMC to UCSF and Benioff Children’s Hospital for the period from December 1, 2013 through August 31, 2018. This contract includes mutual indemnification. Approval of Contract Amendment/Extension Agreement #26-591-2 will allow the Contractor to continue providing transfer of patients and records through August 31, 2022. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 09/25/2018 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Karen Mitchoff, District IV Supervisor ABSENT:Diane Burgis, District III 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: September 25, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stephanie Mello, Deputy cc: A Floyd, M Wilhelm C. 73 To:Board of Supervisors From:Anna Roth, Health Services Director Date:September 25, 2018 Contra Costa County Subject:Amendment #26-591-2 with The Regents of the University of California, San Francisco on behalf of the University of California, San Francisco and UCSF September 25, 2018 BOS Minutes 394 September 25, 2018 BOS Minutes 395 CONSEQUENCE OF NEGATIVE ACTION: If this amendment is not approved, Contractor will not continue providing transfer of patients and records services. September 25, 2018 BOS Minutes 396 RECOMMENDATION(S): APPROVE amended Conflict of Interest Code for the Lafayette School District (“District”), including the list of designated positions. FISCAL IMPACT: None. BACKGROUND: The District has amended its Conflict of Interest Code and submitted the revised code, attached as Exhibit A, to the Board for approval pursuant to Government Code section 87306 and 87306.5. The changes include an updated list of positions designated to file conflict of interest statements. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 09/25/2018 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Karen Mitchoff, District IV Supervisor ABSENT:Diane Burgis, District III Supervisor Federal D. Glover, District V Supervisor Contact: Cynthia Schwerin, Deputy County Counsel, (925) 335-1800 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: September 25, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stephanie Mello, Deputy cc: David Twa, Clerk of the Board of Supervisors, Cynthia Schwerin, Deputy County Counsel, Richard Whitmore, Superintendent C. 74 To:Board of Supervisors From:Sharon L. Anderson, County Counsel Date:September 25, 2018 Contra Costa County Subject:Conflict of Interest Code for the Lafayette School District September 25, 2018 BOS Minutes 397 BACKGROUND: (CONT'D) These changes will ensure that the Conflict of Interest Code accurately reflects the current positions and organizational structure in use by the District. A strike-out version of the Conflict of Interest Code is attached as Exhibit B. CONSEQUENCE OF NEGATIVE ACTION: None. CHILDREN'S IMPACT STATEMENT: ATTACHMENTS Exhibit A - COI Code of the Lafayette School District Exhibit B - COI Code of the Lafayette School District STRIKEOUT September 25, 2018 BOS Minutes 398 September 25, 2018 BOS Minutes 399 September 25, 2018 BOS Minutes 400 September 25, 2018 BOS Minutes 401 September 25, 2018 BOS Minutes 402 RECOMMENDATION(S): APPROVE the March 2018 amended Conflict of Interest Code for the Acalanes Union High School District (“District”), including the list of designated positions. FISCAL IMPACT: None. BACKGROUND: The District amended its Conflict of Interest Code in March 2018 and submitted the revised code, attached as Exhibit A, to the Board for approval pursuant to Government Code section 87306 and 87306.5. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 09/25/2018 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Karen Mitchoff, District IV Supervisor ABSENT:Diane Burgis, District III Supervisor Federal D. Glover, District V Supervisor Contact: Cynthia Schwerin, Deputy County Counsel, (925) 335-1800 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: September 25, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stephanie Mello, Deputy cc: David Twa, Clerk of the Board of Supervisors, Cynthia Schwerin, Deputy County Counsel, John Nickerson, Ed.D. C. 75 To:Board of Supervisors From:Sharon L. Anderson, County Counsel Date:September 25, 2018 Contra Costa County Subject:March 2018 Conflict of Interest Code for the Acalanes Union High School District September 25, 2018 BOS Minutes 403 BACKGROUND: (CONT'D) The changes as of March 2018 included an updated list of positions designated to file conflict of interest statements. A strike-out version of the March 2018 Conflict of Interest Code is attached as Exhibit B. CONSEQUENCE OF NEGATIVE ACTION: None. CHILDREN'S IMPACT STATEMENT: Not Applicable. ATTACHMENTS Exhibit A - Conflict of Interest Code March 2018 of the Acalanes Union High School District Exhibit B - Conflict of Interest Code March 2018 of the Acalanes Union High School District STRIKEOUT September 25, 2018 BOS Minutes 404 Acalanes Union High School District Conflict of Interest Code Resolution No. 17-18-21 WHEREAS, the Political Reform Act, Government Code 87300-87313, requires each public agency in California to adopt a conflict of interest code; and WHEREAS, the Governing Board of the Acalanes Union High School District has previously adopted a local conflict of interest code; and WHEREAS, past and future amendments to the Political Reform Act and implementing regulations may require conforming amendments to be made to the district's conflict of interest code; and WHEREAS, a regulation adopted by the Fair Political Practices Commission, 2 CCR 18730, provides that incorporation by reference of the terms of that regulation, along with an agency-specific appendix designating positions and disclosure categories shall constitute the adoption and amendment of a conflict of interest code in conformance with Government Code 87300 and 87306; and WHEREAS, the Acalanes Union High School District has recently reviewed its positions, and the duties of each position, and has determined that changes to the current conflict of interest code are necessary; and WHEREAS, any earlier resolutions, bylaws, and/ or appendices containing the district's conflict of interest code shall be rescinded and superseded by this resolution and Appendix; and NOW THEREFORE BE IT RESOLVED that the Acalanes Union High School District Governing Board adopt the following Conflict of Interest Code including its Appendix of Designated Employees and Disclosure Categories. PASSED AND ADOPTED THIS twenty-first day of March 2018, at a meeting, by the following vote: Ayes: Nays: Abstain: Absent: Coppersmith, Epstein, Hockett, Kendzierski, Whitmore None None None j\ 1 Atte�t:r' J () �1-�f � r \�i\� Robert Hockett President, Governing Board Acalanes Union High School District September 25, 2018 BOS Minutes 405 September 25, 2018 BOS Minutes 406 September 25, 2018 BOS Minutes 407 September 25, 2018 BOS Minutes 408 September 25, 2018 BOS Minutes 409 September 25, 2018 BOS Minutes 410 September 25, 2018 BOS Minutes 411 RECOMMENDATION(S): APPROVE the August 2018 amended Conflict of Interest Code for the Acalanes Union High School District (“District”), including the list of designated positions. FISCAL IMPACT: None. BACKGROUND: The District amended its Conflict of Interest Code as part of the 2018 biennial review and submitted the revised code, attached as Exhibit A, to the Board for approval pursuant to Government Code section 87306 and 87306.5. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 09/25/2018 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS Contact: Cynthia Schwerin, Deputy County Counsel, (925) 335-1800 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: September 25, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: , Deputy cc: David Twa, Clerk of the Board of Supervisors, Cynthia Schwerin, Deputy County Counsel, John Nickerson, Ed.D. C. 76 To:Board of Supervisors From:Sharon L. Anderson, County Counsel Date:September 25, 2018 Contra Costa County Subject:August 2018 Conflict of Interest Code for the Acalanes Union High School District September 25, 2018 BOS Minutes 412 BACKGROUND: (CONT'D) The August 2018 changes include an updated list of positions designated to file conflict of interest statements. These changes will ensure that the Conflict of Interest Code accurately reflects the current positions and organizational structure in use by the District. A strike-out version of the Conflict of Interest Code is attached as Exhibit B. CONSEQUENCE OF NEGATIVE ACTION: None. CHILDREN'S IMPACT STATEMENT: Not Applicable. ATTACHMENTS Exhibit A - Conflict of Interest Code August 2018 of the Acalanes Union High School District Exhibit B - Conflict of Interest Code August 2018 of the Acalanes Union High School District STRIKEOUT September 25, 2018 BOS Minutes 413 September 25, 2018 BOS Minutes 414 September 25, 2018 BOS Minutes 415 September 25, 2018 BOS Minutes 416 September 25, 2018 BOS Minutes 417 September 25, 2018 BOS Minutes 418 September 25, 2018 BOS Minutes 419 September 25, 2018 BOS Minutes 420 RECOMMENDATION(S): ADOPT Resolution No. 2018/492 as approved by the Retirement Board, which establishes retirement plan contribution rates effective July 1, 2019 through June 30, 2020. FISCAL IMPACT: See 'Background' below. BACKGROUND: At its August 22, 2018 meeting, the Retirement Board reviewed and accepted the actuary’s valuation report for the year ending December 31, 2017 and adopted the recommended employer and employee contribution rates, which will become effective on July 1, 2019. A copy of the December 31, 2017 Actuarial Valuation can be found on CCCERA’s website at www.cccera.org under the Actuarial Valuations link. Attached are the rates to be used effective July 1, 2019 through June 30, 2020 submitted for adoption by the County Board of Supervisors by the Contra Costa County Employees’ Retirement Association. Please note the following: The rates are effective July 1, 2019 through June 30, 2020. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 09/25/2018 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Karen Mitchoff, District IV Supervisor ABSENT:Diane Burgis, District III Supervisor Federal D. Glover, District V Supervisor Contact: Lisa Driscoll, County Finance Director 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: September 25, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stephanie Mello, Deputy cc: Robert Campbell, County Auditor-Controller, Dianne Dinsmore, Human Resources Director, Christina Dunn, Deputy Chief Exectutive Officer (CCCERA) C. 77 To:Board of Supervisors From:David Twa, County Administrator Date:September 25, 2018 Contra Costa County Subject:EMPLOYEE RETIREMENT PLAN CONTRIBUTION RATES FOR FISCAL YEAR 2019/2020 September 25, 2018 BOS Minutes 421 BACKGROUND: (CONT'D) > The rates are before employer subvention, if any, of the employee contribution. The rates quoted here are the employer required rates without taking into consideration any employer subvention of employee contributions. A convenient methodology for adding subvention is included on page 20 of the attached document. The rates are before any increase in employee rate to pay a portion of the employer contribution. If an employee’s rate needs to be increased to pay a portion of the employer contribution, both employee and employer rates would need to be adjusted accordingly. A convenient methodology for adding subvention is included on page 20 of the attached document. CONSEQUENCE OF NEGATIVE ACTION: Rates will not reflect those adopted by the Contra Costa County Employees Retirement Board. AGENDA ATTACHMENTS Resolution No. 2018/492 Contribution Rates July 1, 2019 - June 30, 2020 MINUTES ATTACHMENTS Signed Resolution No. 2018/492 September 25, 2018 BOS Minutes 422 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and for Special Districts, Agencies and Authorities Governed by the Board Adopted this Resolution on 09/25/2018 by the following vote: AYE:3 John Gioia Candace Andersen Karen Mitchoff NO: ABSENT:2 Diane Burgis Federal D. Glover ABSTAIN: RECUSE: Resolution No. 2018/492 Subject: Approving Contribution Rates to be charged by the Contra Costa County Employees' Retirement Association Pursuant to Government Code Section 31454 and on recommendation of the Board of the Contra Costa County Employees’ Retirement Association, BE IT RESOLVED that the following contribution rates are approved to be effective for the period July 1, 2019 through June 30, 2020. I. Employer Contribution Rates for Basic and Cost-of-Living Components and Non-refundability Discount Factors For General Members (Sec. 31676.11, Sec. 31676.16 and Sec. 7522.20(a)) See attached Exhibit AA. For Safety Members (Sec. 31664, Sec. 31664.1 and Sec. 7522.25(d)) See attached Exhibit BB. II. Employee Contribution Rates for Basic and Cost-of-Living Components See attached Exhibits C through O The Pension Obligation Bonds (POB) issued by the County in March 1994 and April 2003, affected contribution rates for certain County employers. The following non-County employers who participate in the Retirement Association are referred to as “Districts”. Bethel Island Municipal Improvement District Byron, Brentwood Knightsen Union Cemetery District Central Contra Costa Sanitary District Contra Costa County Employees’ Retirement Association Contra Costa County Fire Protection District Contra Costa Housing Authority Contra Costa Mosquito and Vector Control District East Contra Costa Fire Protection District First 5 - Children & Families Commission In-Home Supportive Services Authority Local Agency Formation Commission (LAFCO) Moraga-Orinda Fire Protection District Rodeo-Hercules Fire Protection District Rodeo Sanitary District San Ramon Valley Fire Protection District All other departments/employers are referred to as “County” including the Superior Court of California, Contra Costa County. Contra Costa County Fire Protection District and Moraga-Orinda Fire Protection District issued Pension Obligation Bonds in 2005 which affected contribution rates for these two employers. Subsequently, Contra Costa County Fire Protection District has made additional payments to CCCERA for its UAAL in 2006 and 2007. First 5 - Children & Families Commission made a UAAL prepayment in 2013 which affected contribution rates for that employer. Central Contra Costa Sanitary District made a UAAL prepayment in 2013, 2014, and 2015 which affected contribution rates for September 25, 2018 BOS Minutes 423 that employer. Contact: Lisa Driscoll, County Finance Director 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: September 25, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stephanie Mello, Deputy cc: Robert Campbell, County Auditor-Controller, Dianne Dinsmore, Human Resources Director, Christina Dunn, Deputy Chief Exectutive Officer (CCCERA) September 25, 2018 BOS Minutes 424 C.77 September 25, 2018 BOS Minutes 425 September 25, 2018 BOS Minutes 426 _________________________________________________________________________________________________ 1355 Willow Way Suite 221 Concord CA 94520 925.521.3960 FAX: 925.521.3969 www.cccera.org CONTRA COSTA COUNTY EMPLOYEES’ RETIREMENT ASSOCIATION TABLE OF CONTENTS Page Description See Board Order See Board of Supervisors Resolution 2018/492 2 Employer Rates & Refundability Discount Factors for General Tiers 1 and 3 (Exhibit A - 1) 3 Employer Rates & Refundability Discount Factors for General PEPRA Tiers 4 and 5 with 2% Maximum COLA (Exhibit A - 2) 4 Employer Rates & Refundability Discount Factors for General PEPRA Tiers 4 and 5 with 3% Maximum COLA (Exhibit A - 3) 5 Employer Rates & Refundability Discount Factors for Safety Tiers A and C (Exhibit B - 1) 6 Employer Rates & Refundability Discount Factors for Safety PEPRA Tiers D and E (Exhibit B - 2) 7 General Non-PEPRA Cost Group #1 Member Rates (Exhibit C) 8 General Non-PEPRA Cost Group #2 Member Rates (Exhibit D) 9 General Non-PEPRA Cost Group #3 Member Rates (Exhibit E) 10 General Non-PEPRA Cost Group #4 Member Rates (Exhibit F) 11 General Non-PEPRA Cost Group #5 Member Rates (Exhibit G) 12 General Non-PEPRA Cost Group #6 Member Rates (Exhibit H) 13 Safety Non-PEPRA Cost Group #7 Member Rates (Exhibit I) 14 Safety Non-PEPRA Cost Group #8 Member Rates (Exhibit J) 15 Safety Non-PEPRA Cost Group #9 Member Rates (Exhibit K) 16 Safety Non-PEPRA Cost Group #10 Member Rates (Exhibit L) 17 Safety Non-PEPRA Cost Group #11 Member Rates (Exhibit M) September 25, 2018 BOS Minutes 427 _________________________________________________________________________________________________ 1355 Willow Way Suite 221 Concord CA 94520 925.521.3960 FAX: 925.521.3969 www.cccera.org 18 Safety Non-PEPRA Cost Group #12 Member Rates (Exhibit N) 19 General and Safety PEPRA Member Rates (Exhibit O) 20 Examples for Subvention and Employee Cost Sharing 21 Prepayment Discount Factor for 2019-20 September 25, 2018 BOS Minutes 428 Exhibit A ‐ 1CONTRA COSTA COUNTY EMPLOYEES' RETIREMENT ASSOCIATIONEMPLOYER CONTRIBUTION RATES EFFECTIVE FOR JULY 1, 2019 THROUGH JUNE 30, 2020 for General Tier 1 and 3 Legacy MembersCost Group #3Cost Group #4Cost Group #5GENERAL TIERS ‐ ENHANCEDMoraga‐OrindaDistricts Central Contra Costa Contra CostaContra Costa CountyTier 1 BASIC Enhanced CountyFire DistrictFirst 5LAFCOwithout POBSanitary DistrictHousing AuthorityFire Protection DistrictFirst $350 monthly & in Social Security15.57%N/A15.48% 18.48% 18.94%N/A20.14%N/AExcess of $350 monthly & in Social Security23.35%N/A23.21% 27.72% 28.40%N/A30.20%N/A All Eligible $ if NOT in Social Security23.35% 20.82%N/AN/A28.40%36.29%N/A22.39%Tier 1 COL Enhanced First $350 monthly3.51%N/A3.59% 6.07%6.24%N/A9.14%N/AExcess of $350 monthly5.27%N/A5.39% 9.10%9.36%N/A13.72%N/A All Eligible $ if NOT in Social Security5.27%5.03%N/AN/A9.36%14.31%N/A10.36%Non‐Refundability Factor0.96020.96020.96020.96020.96020.95880.95710.9591Cost GroupEmployer NameTierDistrictsCost Group #1 County GeneralTier 1 Enhanced (2% @ 55)Tier 3 BASIC Enhanced Countywithout POBLAFCOFirst $350 monthly 15.59% 19.03% CC Mosquito & Vector Control DistrictExcess of $350 monthly 23.39% 28.55% Bethel Island Municipal Improvement DistrictFirst 5 - Children and Families Commission All Eligible $ if NOT in Social Security N/A 28.55% Contra Costa County Employees' Retirement AssociationSuperior CourtTier 3 COL Enhanced East Contra Costa Fire Protection DistrictFirst $350 monthly 3.44% 6.20% Moraga-Orinda Fire Protection DistrictExcess of $350 monthly 5.16% 9.29% Rodeo-Hercules Fire Protection DistrictSan Ramon Valley Fire Protection District All Eligible $ if NOT in Social Security N/A 9.29%Cost Group #2 County General Tier 3 Enhanced (2% @ 55)Non‐Refundability Factor0.95760.9576In-Home Supportive ServicesCC Mosquito & Vector Control DistrictCost Group #6Superior CourtGENERAL TIER  NON‐ENHANCEDDistrictsTier 1 BASIC NON‐Enhancedwithout POBCost Group #3 Central Contra Costa Sanitary DistrictTier 1 Enhanced (2% @ 55)First $350 monthly9.13%Excess of $350 monthly13.69%Cost Group #4 Contra Costa Housing AuthorityTier 1 Enhanced (2% @ 55) All Eligible $ if NOT in Social SecurityN/ACost Group #5 Contra Costa County Fire Protection DistrictTier 1 Enhanced (2% @ 55)Tier 1 COL NON‐Enhanced Cost Group #6 Rodeo Sanitary DistrictTier 1 Non-enhanced (1.67% @ 55)First $350 monthly2.68%Byron Brentwood Cemetery DistrictExcess of $350 monthly4.02%Basic rates shown include an administrative expense load of 0.66% of payroll. This load has been All Eligible $ if NOT in Social SecurityN/Aintegrated and adjusted as appropriate into the first $350 and excess of $350 monthly rates shown.Non‐Refundability Factor0.9556Cost Group #2Cost Group #1All Cost Groups 2019‐20Exhibit A‐1Page 208/28/2018September 25, 2018BOS Minutes429 Exhibit A ‐ 2CONTRA COSTA COUNTY EMPLOYEES' RETIREMENT ASSOCIATIONEMPLOYER CONTRIBUTION RATES EFFECTIVE FOR JULY 1, 2019 THROUGH JUNE 30, 2020 for General Tier 4 and 5 PEPRA Members with 2% Maximum COLACost Group #3Cost Group #4Cost Group #5GENERAL PEPRA TIERS Moraga‐OrindaDistricts Central Contra Costa Contra Costa Contra Costa CountyTier 4 BASICCountyFire DistrictFirst 5LAFCOwithout POBSanitary DistrictHousing AuthorityFire Protection District All Eligible $19.51%N/AN/AN/AN/AN/AN/A19.58%Tier 4 COL All Eligible $3.67%N/AN/AN/AN/AN/AN/A9.03%Non‐Refundability Factor0.9605N/AN/AN/AN/AN/AN/A0.9630Cost GroupEmployer NameTierDistrictsCost Group #1 County GeneralTier 4 (2.5% @ 67)Tier 5 BASIC Countywithout POBLAFCO All Eligible $ 18.91% 23.99% CC Mosquito & Vector Control DistrictBethel Island Municipal Improvement DistrictTier 5 COLFirst 5 - Children and Families Commission All Eligible $ 3.52% 7.59% Contra Costa County Employees' Retirement AssociationSuperior CourtNon‐Refundability Factor0.9611 0.9611East Contra Costa Fire Protection DistrictMoraga-Orinda Fire Protection DistrictRodeo-Hercules Fire Protection DistrictSan Ramon Valley Fire Protection DistrictCost Group #2 County General Tier 5 (2.5% @ 67)In-Home Supportive ServicesCC Mosquito & Vector Control DistrictSuperior CourtCost Group #3 Central Contra Costa Sanitary District Tier 4 (2.5% @ 67)Cost Group #4 Contra Costa Housing Authority Tier 4 (2.5% @ 67)Cost Group #5 Contra Costa County Fire Protection District Tier 4 (2.5% @ 67)Cost Group #6 Rodeo Sanitary District Tier 4 (2.5% @ 67)Byron Brentwood Cemetery DistrictSome tiers are not applicable to employers as shown above in the rate table.Basic rates shown include an administrative expense load of 0.66% of payroll.Cost Group #2Cost Group #1All Cost Groups 2019‐20Exhibit A‐2Page 308/28/2018September 25, 2018BOS Minutes430 Exhibit A ‐ 3CONTRA COSTA COUNTY EMPLOYEES' RETIREMENT ASSOCIATIONEMPLOYER CONTRIBUTION RATES EFFECTIVE FOR JULY 1, 2019 THROUGH JUNE 30, 2020 for General Tier 4 and 5 PEPRA Members with 3% Maximum COLACost Group #3Cost Group #4Cost Group #5 Cost Group #6GENERAL PEPRA TIERS Moraga‐OrindaDistricts Central Contra Costa Contra Costa Contra Costa County DistrictsTier 4 BASICCountyFire DistrictFirst 5LAFCOwithout POBSanitary DistrictHousing AuthorityFire Protection Districtwithout POB All Eligible $19.66% 17.42% 19.51% 23.99% 24.74%31.02%25.85%21.56%10.20%Tier 4 COL All Eligible $4.66%4.49%4.77% 8.45%8.73%13.23%12.95%10.74%3.47%Non‐Refundability Factor0.9613 0.9613 0.9613 0.9613 0.96130.96700.96540.96060.9643Cost GroupEmployer NameTierDistrictsCost Group #1 County GeneralTier 4 (2.5% @ 67)Tier 5 BASIC Countywithout POBLAFCO All Eligible $ 19.13% 24.21% CC Mosquito & Vector Control DistrictBethel Island Municipal Improvement DistrictTier 5 COL First 5 - Children and Families Commission All Eligible $ 4.44% 8.51% Contra Costa County Employees' Retirement AssociationSuperior CourtNon‐Refundability Factor0.9631 0.9631East Contra Costa Fire Protection DistrictMoraga-Orinda Fire Protection DistrictRodeo-Hercules Fire Protection DistrictSan Ramon Valley Fire Protection DistrictCost Group #2 County General Tier 5 (2.5% @ 67)In-Home Supportive ServicesCC Mosquito & Vector Control DistrictSuperior CourtCost Group #3 Central Contra Costa Sanitary District Tier 4 (2.5% @ 67)Cost Group #4 Contra Costa Housing Authority Tier 4 (2.5% @ 67)Cost Group #5 Contra Costa County Fire Protection District Tier 4 (2.5% @ 67)Cost Group #6 Rodeo Sanitary District Tier 4 (2.5% @ 67)Byron Brentwood Cemetery DistrictBasic rates shown include an administrative expense load of 0.66% of payroll.Cost Group #2Cost Group #1All Cost Groups 2019‐20Exhibit A‐3Page 408/28/2018September 25, 2018BOS Minutes431 Exhibit B ‐ 1CONTRA COSTA COUNTY EMPLOYEES' RETIREMENT ASSOCIATIONEMPLOYER CONTRIBUTION RATES EFFECTIVE FOR JULY 1, 2019 THROUGH JUNE 30, 2020 for Safety Tier A and C Legacy MembersCost Group #7Cost Group #10 Cost Group #11SAFETY TIERS ENHANCEDContra Costa County East Contra Costa Moraga‐Orinda San Ramon ValleySafety A BASIC EnhancedCountyFire Protection DistrictFire Protection DistrictFire Protection DistrictFire Protection DistrictAll eligible $45.59%37.23%65.44%35.21%51.05%Safety A COL EnhancedAll eligible $26.89%35.66%57.17%35.73%25.79%Non‐Refundability Factor0.96570.96660.96660.96880.9665Cost Group #9Cost GroupEmployer NameTierSafety C BASIC Enhanced CountyCost Group # 7 County SafetyTier A Enhanced (3% @ 50)All eligible $43.65%Cost Group # 8 Contra Costa County Fire Protection DistrictTier A Enhanced (3% @ 50)Safety C COL EnhancedEast Contra Costa Fire Protection DistrictAll eligible $ 24.05%Cost Group # 9 County SafetyTier C Enhanced (3% @ 50)Non‐Refundability Factor0.9670Cost Group # 10 Moraga-Orinda Fire Protection DistrictTier A Enhanced (3% @ 50)Cost Group #12SAFETY TIER  NON‐ENHANCEDRodeo‐HerculesCost Group # 11 San Ramon Valley Fire Protection District Tier A Enhanced (3% @ 50)Safety A BASIC NON‐EnhancedFire Protection DistrictAll eligible $14.89%Cost Group # 12 Rodeo Hercules Fire Protection DistrictTier A Non-enhanced (2% @ 50)Monthly Contribution Towards UAAL$68,942Basic rates shown include an administrative expense load of 0.66% of payroll.Safety A COL NON‐EnhancedAll eligible $5.21%Monthly Contribution Towards UAAL$48,581Non‐Refundability Factor0.9718Cost Group #8All Cost Groups 2019‐20Exhibit B‐1Page 508/28/2018September 25, 2018BOS Minutes432 Exhibit B ‐ 2CONTRA COSTA COUNTY EMPLOYEES' RETIREMENT ASSOCIATIONEMPLOYER CONTRIBUTION RATES EFFECTIVE FOR JULY 1, 2019 THROUGH JUNE 30, 2020 for Safety Tier D and E PEPRA MembersCost Group #7Cost Group #10 Cost Group #11 Cost Group #12SAFETY PEPRA TIERS Contra Costa County East Contra Costa Moraga‐Orinda San Ramon Valley Rodeo‐HerculesSafety D BASIC (3% Maximum COLA)CountyFire Protection DistrictFire Protection DistrictFire Protection DistrictFire Protection DistrictFire Protection DistrictAll eligible $37.45%28.91%57.12%27.16%41.49%11.92%Monthly Contribution Towards UAALN/AN/AN/AN/AN/A$12,744Safety D COL (3% Maximum COLA)All eligible $25.67%34.36%55.87%34.32%24.11%5.07%Monthly Contribution Towards UAALN/AN/AN/AN/AN/A$8,980Non‐Refundability Factor0.97580.97700.97700.97870.97940.9803Cost Group #8 Cost Group #9Cost GroupEmployer NameTierContra Costa CountyCost Group # 7 County SafetyTier D (2.7% @ 57)Safety E BASIC (2% Maximum COLA)Fire Protection DistrictCounty All eligible $28.53%36.09%Cost Group # 8 Contra Costa County Fire Protection District Tier D (2.7% @ 57)East Contra Costa Fire Protection DistrictSafety E COL (2% Maximum COLA)Contra Costa County Fire Protection District Tier E (2.7% @ 57)All eligible $ 32.26% 23.30%Cost Group # 9 County Safety Tier E (2.7% @ 57)Non‐Refundability Factor0.97480.9752Cost Group # 10 Moraga-Orinda Fire Protection DistrictTier D (2.7% @ 57)Cost Group # 11 San Ramon Valley Fire Protection District Tier D (2.7% @ 57)Cost Group # 12 Rodeo Hercules Fire Protection DistrictTier D (2.7% @ 57)Basic rates shown include an administrative expense load of 0.66% of payroll.Cost Group #8All Cost Groups 2019‐20Exhibit B‐2Page 608/28/2018September 25, 2018BOS Minutes433 Exhibit C GENERAL Cost Group #1 Non-PEPRA Member Contribution Rates Effective 7/1/19 - 6/30/20 Expressed as a Percentage of Monthly Payroll* Entry Age Basic not in Social Security Basic in Social Security*COLA Total not in Social Security Total in Social Security* 15 5.41%5.42%2.69%8.10%8.11% 16 5.50%5.51%2.74%8.24%8.25% 17 5.59%5.60%2.79%8.38%8.39% 18 5.68%5.69%2.84%8.52%8.53% 19 5.77%5.78%2.89%8.66%8.67% 20 5.86%5.87%2.94%8.80%8.81% 21 5.96%5.97%2.99%8.95%8.96% 22 6.05%6.06%3.04%9.09%9.10% 23 6.15%6.16%3.10%9.25%9.26% 24 6.25%6.26%3.15%9.40%9.41% 25 6.35%6.36%3.21%9.56%9.57% 26 6.45%6.46%3.26%9.71%9.72% 27 6.56%6.57%3.32%9.88%9.89% 28 6.66%6.67%3.37%10.03%10.04% 29 6.77%6.78%3.43%10.20%10.21% 30 6.88%6.89%3.49%10.37%10.38% 31 6.99%7.00%3.55%10.54%10.55% 32 7.10%7.11%3.61%10.71%10.72% 33 7.21%7.22%3.67%10.88%10.89% 34 7.33%7.34%3.74%11.07%11.08% 35 7.45%7.46%3.80%11.25%11.26% 36 7.57%7.58%3.87%11.44%11.45% 37 7.69%7.70%3.94%11.63%11.64% 38 7.82%7.83%4.01%11.83%11.84% 39 7.95%7.96%4.08%12.03%12.04% 40 8.08%8.09%4.15%12.23%12.24% 41 8.22%8.23%4.22%12.44%12.45% 42 8.36%8.37%4.30%12.66%12.67% 43 8.50%8.51%4.38%12.88%12.89% 44 8.65%8.66%4.46%13.11%13.12% 45 8.81%8.82%4.55%13.36%13.37% 46 8.95%8.96%4.62%13.57%13.58% 47 9.10%9.11%4.70%13.80%13.81% 48 9.25%9.26%4.79%14.04%14.05% 49 9.41%9.42%4.87%14.28%14.29% 50 9.57%9.58%4.96%14.53%14.54% 51 9.73%9.74%5.05%14.78%14.79% 52 9.90%9.91%5.14%15.04%15.05% 53 10.06%10.07%5.23%15.29%15.30% 54 10.18%10.19%5.29%15.47%15.48% 55 10.32%10.33%5.37%15.69%15.70% 56 10.40%10.41%5.41%15.81%15.82% 57 10.39%10.40%5.41%15.80%15.81% 58 10.29%10.30%5.35%15.64%15.65% 59 10.02%10.03%5.21%15.23%15.24% 60 and over 10.02%10.03%5.21%15.23%15.24% Adminstrative Expense: 0.47% of payroll added to Basic rates. COLA Loading: 54.51% applied to Basic rates prior to adjustment for administrative expenses. *NOTE: For members in Social Security, the rate should only be applied to monthly compensation in excess of $116.67. The rate should be applied to compensation up to the annual IRC 401(a)(17) compensation limit. Membership Date before January 1, 2013 Member Rates 7-1-19 Exhibit C Page 7September 25, 2018 BOS Minutes 434 Exhibit D GENERAL Cost Group #2 Non-PEPRA Member Contribution Rates Effective 7/1/19 - 6/30/20 Expressed as a Percentage of Monthly Payroll* Entry Age Basic not in Social Security Basic in Social Security*COLA Total not in Social Security Total in Social Security* 15 5.40%5.41%2.47%7.87%7.88% 16 5.49%5.50%2.51%8.00%8.01% 17 5.58%5.59%2.56%8.14%8.15% 18 5.67%5.68%2.60%8.27%8.28% 19 5.76%5.77%2.65%8.41%8.42% 20 5.85%5.86%2.69%8.54%8.55% 21 5.94%5.95%2.74%8.68%8.69% 22 6.04%6.05%2.79%8.83%8.84% 23 6.14%6.15%2.84%8.98%8.99% 24 6.24%6.25%2.89%9.13%9.14% 25 6.34%6.35%2.94%9.28%9.29% 26 6.44%6.45%2.99%9.43%9.44% 27 6.54%6.55%3.04%9.58%9.59% 28 6.64%6.65%3.09%9.73%9.74% 29 6.75%6.76%3.14%9.89%9.90% 30 6.86%6.87%3.20%10.06%10.07% 31 6.97%6.98%3.25%10.22%10.23% 32 7.08%7.09%3.31%10.39%10.40% 33 7.20%7.21%3.37%10.57%10.58% 34 7.31%7.32%3.42%10.73%10.74% 35 7.43%7.44%3.48%10.91%10.92% 36 7.55%7.56%3.54%11.09%11.10% 37 7.68%7.69%3.61%11.29%11.30% 38 7.80%7.81%3.67%11.47%11.48% 39 7.93%7.94%3.73%11.66%11.67% 40 8.07%8.08%3.80%11.87%11.88% 41 8.20%8.21%3.87%12.07%12.08% 42 8.34%8.35%3.94%12.28%12.29% 43 8.49%8.50%4.01%12.50%12.51% 44 8.63%8.64%4.08%12.71%12.72% 45 8.78%8.79%4.16%12.94%12.95% 46 8.94%8.95%4.24%13.18%13.19% 47 9.09%9.10%4.31%13.40%13.41% 48 9.23%9.24%4.38%13.61%13.62% 49 9.38%9.39%4.46%13.84%13.85% 50 9.54%9.55%4.54%14.08%14.09% 51 9.72%9.73%4.63%14.35%14.36% 52 9.88%9.89%4.71%14.59%14.60% 53 10.03%10.04%4.78%14.81%14.82% 54 10.18%10.19%4.86%15.04%15.05% 55 10.28%10.29%4.91%15.19%15.20% 56 10.35%10.36%4.94%15.29%15.30% 57 10.32%10.33%4.93%15.25%15.26% 58 10.16%10.17%4.85%15.01%15.02% 59 10.04%10.05%4.79%14.83%14.84% 60 and over 10.04%10.05%4.79%14.83%14.84% Adminstrative Expense: 0.47% of payroll added to Basic rates. COLA Loading: 50.01% applied to Basic rates prior to adjustment for administrative expenses. *NOTE: For members in Social Security, the rate should only be applied to monthly compensation in excess of $116.67. The rate should be applied to compensation up to the annual IRC 401(a)(17) compensation limit. Membership Date before January 1, 2013 Member Rates 7-1-19 Exhibit D Page 8September 25, 2018 BOS Minutes 435 Exhibit E GENERAL Cost Group #3 Non-PEPRA Member Contribution Rates Effective 7/1/19 - 6/30/20 Expressed as a Percentage of Monthly Payroll* Entry Age Basic COLA Total 15 5.62%2.85%8.47% 16 5.71%2.90%8.61% 17 5.80%2.95%8.75% 18 5.90%3.00%8.90% 19 5.99%3.05%9.04% 20 6.09%3.11%9.20% 21 6.18%3.16%9.34% 22 6.28%3.21%9.49% 23 6.39%3.27%9.66% 24 6.49%3.33%9.82% 25 6.59%3.39%9.98% 26 6.70%3.45%10.15% 27 6.81%3.51%10.32% 28 6.91%3.56%10.47% 29 7.03%3.63%10.66% 30 7.14%3.69%10.83% 31 7.25%3.75%11.00% 32 7.37%3.82%11.19% 33 7.49%3.88%11.37% 34 7.61%3.95%11.56% 35 7.73%4.02%11.75% 36 7.86%4.09%11.95% 37 7.99%4.16%12.15% 38 8.12%4.23%12.35% 39 8.25%4.30%12.55% 40 8.39%4.38%12.77% 41 8.53%4.46%12.99% 42 8.68%4.54%13.22% 43 8.82%4.62%13.44% 44 8.98%4.71%13.69% 45 9.13%4.79%13.92% 46 9.28%4.87%14.15% 47 9.44%4.96%14.40% 48 9.60%5.05%14.65% 49 9.74%5.13%14.87% 50 9.91%5.22%15.13% 51 10.07%5.31%15.38% 52 10.24%5.40%15.64% 53 10.40%5.49%15.89% 54 10.54%5.57%16.11% 55 10.62%5.61%16.23% 56 10.69%5.65%16.34% 57 10.66%5.64%16.30% 58 10.48%5.54%16.02% 59 9.92%5.23%15.15% 60 and over 9.92%5.23%15.15% Adminstrative Expense: 0.47% of payroll added to Basic rates. COLA Loading: 55.32% applied to Basic rates prior to adjustment for administrative expenses. *NOTE: The rate should be applied to all compensation up to the annual IRC 401(a)(17) compensation limit. Membership Date before January 1, 2013 Member Rates 7-1-19 Exhibit E Page 9September 25, 2018 BOS Minutes 436 Exhibit F GENERAL Cost Group #4 Non-PEPRA Member Contribution Rates Effective 7/1/19 - 6/30/20 Expressed as a Percentage of Monthly Payroll* Entry Age Basic not in Social Security Basic in Social Security*COLA Total not in Social Security Total in Social Security* 15 5.38%5.39%2.67%8.05%8.06% 16 5.46%5.47%2.71%8.17%8.18% 17 5.55%5.56%2.76%8.31%8.32% 18 5.64%5.65%2.81%8.45%8.46% 19 5.73%5.74%2.86%8.59%8.60% 20 5.82%5.83%2.91%8.73%8.74% 21 5.92%5.93%2.96%8.88%8.89% 22 6.01%6.02%3.01%9.02%9.03% 23 6.11%6.12%3.06%9.17%9.18% 24 6.21%6.22%3.12%9.33%9.34% 25 6.31%6.32%3.17%9.48%9.49% 26 6.41%6.42%3.23%9.64%9.65% 27 6.51%6.52%3.28%9.79%9.80% 28 6.62%6.63%3.34%9.96%9.97% 29 6.72%6.73%3.40%10.12%10.13% 30 6.83%6.84%3.46%10.29%10.30% 31 6.94%6.95%3.52%10.46%10.47% 32 7.05%7.06%3.58%10.63%10.64% 33 7.17%7.18%3.64%10.81%10.82% 34 7.28%7.29%3.70%10.98%10.99% 35 7.40%7.41%3.77%11.17%11.18% 36 7.52%7.53%3.83%11.35%11.36% 37 7.64%7.65%3.90%11.54%11.55% 38 7.77%7.78%3.97%11.74%11.75% 39 7.90%7.91%4.04%11.94%11.95% 40 8.03%8.04%4.11%12.14%12.15% 41 8.16%8.17%4.18%12.34%12.35% 42 8.30%8.31%4.25%12.55%12.56% 43 8.45%8.46%4.34%12.79%12.80% 44 8.59%8.60%4.41%13.00%13.01% 45 8.75%8.76%4.50%13.25%13.26% 46 8.90%8.91%4.58%13.48%13.49% 47 9.05%9.06%4.66%13.71%13.72% 48 9.19%9.20%4.74%13.93%13.94% 49 9.35%9.36%4.83%14.18%14.19% 50 9.50%9.51%4.91%14.41%14.42% 51 9.67%9.68%5.00%14.67%14.68% 52 9.84%9.85%5.09%14.93%14.94% 53 9.99%10.00%5.17%15.16%15.17% 54 10.13%10.14%5.25%15.38%15.39% 55 10.25%10.26%5.31%15.56%15.57% 56 10.36%10.37%5.37%15.73%15.74% 57 10.34%10.35%5.36%15.70%15.71% 58 10.19%10.20%5.28%15.47%15.48% 59 9.79%9.80%5.06%14.85%14.86% 60 and over 9.79%9.80%5.06%14.85%14.86% Adminstrative Expense: 0.47% of payroll added to Basic rates. COLA Loading: 54.34% applied to Basic rates prior to adjustment for administrative expenses. *NOTE: For members in Social Security, the rate should only be applied to monthly compensation in excess of $116.67. The rate should be applied to compensation up to the annual IRC 401(a)(17) compensation limit. Membership Date before January 1, 2013 Member Rates 7-1-19 Exhibit F Page 10September 25, 2018 BOS Minutes 437 Exhibit G GENERAL Cost Group #5 Non-PEPRA Member Contribution Rates Effective 7/1/19 - 6/30/20 Expressed as a Percentage of Monthly Payroll* Entry Age Basic COLA Total 15 5.40%2.66%8.06% 16 5.49%2.70%8.19% 17 5.58%2.75%8.33% 18 5.67%2.80%8.47% 19 5.76%2.85%8.61% 20 5.85%2.90%8.75% 21 5.94%2.95%8.89% 22 6.04%3.00%9.04% 23 6.14%3.05%9.19% 24 6.24%3.11%9.35% 25 6.34%3.16%9.50% 26 6.44%3.22%9.66% 27 6.54%3.27%9.81% 28 6.64%3.32%9.96% 29 6.75%3.38%10.13% 30 6.86%3.44%10.30% 31 6.97%3.50%10.47% 32 7.08%3.56%10.64% 33 7.20%3.63%10.83% 34 7.31%3.69%11.00% 35 7.43%3.75%11.18% 36 7.55%3.81%11.36% 37 7.68%3.88%11.56% 38 7.80%3.95%11.75% 39 7.93%4.02%11.95% 40 8.07%4.09%12.16% 41 8.20%4.16%12.36% 42 8.34%4.24%12.58% 43 8.49%4.32%12.81% 44 8.63%4.40%13.03% 45 8.78%4.48%13.26% 46 8.94%4.56%13.50% 47 9.09%4.64%13.73% 48 9.23%4.72%13.95% 49 9.38%4.80%14.18% 50 9.54%4.89%14.43% 51 9.72%4.98%14.70% 52 9.88%5.07%14.95% 53 10.03%5.15%15.18% 54 10.18%5.23%15.41% 55 10.28%5.29%15.57% 56 10.35%5.32%15.67% 57 10.32%5.31%15.63% 58 10.16%5.22%15.38% 59 10.04%5.16%15.20% 60 and over 10.04%5.16%15.20% Adminstrative Expense: 0.47% of payroll added to Basic rates. COLA Loading: 53.88% applied to Basic rates prior to adjustment for administrative expenses. *NOTE: The rate should be applied to all compensation up to the annual IRC 401(a)(17) compensation limit. Membership Date before January 1, 2013 Member Rates 7-1-19 Exhibit G Page 11September 25, 2018 BOS Minutes 438 Exhibit H GENERAL Cost Group #6 Non-PEPRA Member Contribution Rates Effective 7/1/19 - 6/30/20 Expressed as a Percentage of Monthly Payroll* Entry Age Basic not in Social Security Basic in Social Security*COLA Total not in Social Security Total in Social Security* 15 6.13%6.14%2.61%8.74%8.75% 16 6.23%6.24%2.66%8.89%8.90% 17 6.33%6.34%2.71%9.04%9.05% 18 6.43%6.44%2.75%9.18%9.19% 19 6.54%6.55%2.80%9.34%9.35% 20 6.64%6.65%2.85%9.49%9.50% 21 6.75%6.76%2.90%9.65%9.66% 22 6.86%6.87%2.95%9.81%9.82% 23 6.97%6.98%3.00%9.97%9.98% 24 7.08%7.09%3.05%10.13%10.14% 25 7.20%7.21%3.11%10.31%10.32% 26 7.31%7.32%3.16%10.47%10.48% 27 7.43%7.44%3.21%10.64%10.65% 28 7.55%7.56%3.27%10.82%10.83% 29 7.67%7.68%3.33%11.00%11.01% 30 7.80%7.81%3.39%11.19%11.20% 31 7.93%7.94%3.45%11.38%11.39% 32 8.06%8.07%3.51%11.57%11.58% 33 8.19%8.20%3.57%11.76%11.77% 34 8.32%8.33%3.63%11.95%11.96% 35 8.46%8.47%3.69%12.15%12.16% 36 8.61%8.62%3.76%12.37%12.38% 37 8.75%8.76%3.82%12.57%12.58% 38 8.90%8.91%3.89%12.79%12.80% 39 9.06%9.07%3.97%13.03%13.04% 40 9.23%9.24%4.05%13.28%13.29% 41 9.38%9.39%4.12%13.50%13.51% 42 9.54%9.55%4.19%13.73%13.74% 43 9.69%9.70%4.26%13.95%13.96% 44 9.86%9.87%4.34%14.20%14.21% 45 10.02%10.03%4.41%14.43%14.44% 46 10.19%10.20%4.49%14.68%14.69% 47 10.38%10.39%4.58%14.96%14.97% 48 10.53%10.54%4.65%15.18%15.19% 49 10.69%10.70%4.72%15.41%15.42% 50 10.83%10.84%4.79%15.62%15.63% 51 10.90%10.91%4.82%15.72%15.73% 52 10.87%10.88%4.80%15.67%15.68% 53 10.71%10.72%4.73%15.44%15.45% 54 10.28%10.29%4.53%14.81%14.82% 55 10.28%10.29%4.53%14.81%14.82% 56 10.28%10.29%4.53%14.81%14.82% 57 10.28%10.29%4.53%14.81%14.82% 58 10.28%10.29%4.53%14.81%14.82% 59 10.28%10.29%4.53%14.81%14.82% 60 and over 10.28%10.29%4.53%14.81%14.82% Adminstrative Expense: 0.47% of payroll added to Basic rates. COLA Loading: 46.19% applied to Basic rates prior to adjustment for administrative expenses. *NOTE: For members in Social Security, the rate should only be applied to monthly compensation in excess of $116.67. The rate should be applied to compensation up to the annual IRC 401(a)(17) compensation limit. Membership Date before January 1, 2013 Member Rates 7-1-19 Exhibit H Page12September 25, 2018 BOS Minutes 439 Exhibit I SAFETY Cost Group #7 Non-PEPRA Member Contribution Rates Effective 7/1/19 - 6/30/20 Expressed as a Percentage of Monthly Payroll* Entry Age Basic COLA Total 15 9.05%6.42%15.47% 16 9.05%6.42%15.47% 17 9.05%6.42%15.47% 18 9.05%6.42%15.47% 19 9.05%6.42%15.47% 20 9.05%6.42%15.47% 21 9.05%6.42%15.47% 22 9.19%6.52%15.71% 23 9.34%6.63%15.97% 24 9.50%6.75%16.25% 25 9.65%6.87%16.52% 26 9.81%6.99%16.80% 27 9.97%7.11%17.08% 28 10.14%7.23%17.37% 29 10.31%7.36%17.67% 30 10.48%7.49%17.97% 31 10.65%7.61%18.26% 32 10.84%7.76%18.60% 33 11.03%7.90%18.93% 34 11.22%8.04%19.26% 35 11.42%8.19%19.61% 36 11.62%8.34%19.96% 37 11.81%8.48%20.29% 38 12.01%8.63%20.64% 39 12.22%8.79%21.01% 40 12.44%8.95%21.39% 41 12.67%9.13%21.80% 42 12.90%9.30%22.20% 43 13.19%9.51%22.70% 44 13.42%9.69%23.11% 45 13.62%9.84%23.46% 46 13.66%9.87%23.53% 47 13.60%9.82%23.42% 48 13.39%9.66%23.05% 49 13.01%9.38%22.39% 50 13.01%9.38%22.39% 51 13.01%9.38%22.39% 52 13.01%9.38%22.39% 53 13.01%9.38%22.39% 54 13.01%9.38%22.39% 55 13.01%9.38%22.39% 56 13.01%9.38%22.39% 57 13.01%9.38%22.39% 58 13.01%9.38%22.39% 59 13.01%9.38%22.39% 60 and over 13.01%9.38%22.39% Adminstrative Expense: 0.47% of payroll added to Basic rates. COLA Loading: 74.80% applied to Basic rates prior to adjustment for administrative expenses. *NOTE: The rate should be applied to all compensation up to the annual IRC 401(a)(17) compensation limit. Membership Date before January 1, 2013 Member Rates 7-1-19 Exhibit I Page 13September 25, 2018 BOS Minutes 440 Exhibit J SAFETY Cost Group #8 Non-PEPRA Member Contribution Rates Effective 7/1/19 - 6/30/20 Expressed as a Percentage of Monthly Payroll* Entry Age Basic COLA Total 15 9.03%6.56%15.59% 16 9.03%6.56%15.59% 17 9.03%6.56%15.59% 18 9.03%6.56%15.59% 19 9.03%6.56%15.59% 20 9.03%6.56%15.59% 21 9.03%6.56%15.59% 22 9.17%6.66%15.83% 23 9.32%6.78%16.10% 24 9.48%6.90%16.38% 25 9.63%7.01%16.64% 26 9.79%7.14%16.93% 27 9.95%7.26%17.21% 28 10.12%7.39%17.51% 29 10.28%7.51%17.79% 30 10.46%7.65%18.11% 31 10.64%7.79%18.43% 32 10.82%7.93%18.75% 33 11.00%8.06%19.06% 34 11.20%8.22%19.42% 35 11.39%8.36%19.75% 36 11.59%8.52%20.11% 37 11.79%8.67%20.46% 38 11.99%8.82%20.81% 39 12.20%8.98%21.18% 40 12.41%9.14%21.55% 41 12.63%9.31%21.94% 42 12.88%9.50%22.38% 43 13.16%9.72%22.88% 44 13.42%9.92%23.34% 45 13.58%10.04%23.62% 46 13.61%10.06%23.67% 47 13.52%9.99%23.51% 48 13.41%9.91%23.32% 49 13.04%9.63%22.67% 50 13.04%9.63%22.67% 51 13.04%9.63%22.67% 52 13.04%9.63%22.67% 53 13.04%9.63%22.67% 54 13.04%9.63%22.67% 55 13.04%9.63%22.67% 56 13.04%9.63%22.67% 57 13.04%9.63%22.67% 58 13.04%9.63%22.67% 59 13.04%9.63%22.67% 60 and over 13.04%9.63%22.67% Adminstrative Expense: 0.47% of payroll added to Basic rates. COLA Loading: 76.58% applied to Basic rates prior to adjustment for administrative expenses. *NOTE: The rate should be applied to all compensation up to the annual IRC 401(a)(17) compensation limit. Membership Date before January 1, 2013 Member Rates 7-1-19 Exhibit J Page 14September 25, 2018 BOS Minutes 441 Exhibit K SAFETY Cost Group #9 Non-PEPRA Member Contribution Rates Effective 7/1/19 - 6/30/20 Expressed as a Percentage of Monthly Payroll* Entry Age Basic COLA Total 15 8.64%3.90%12.54% 16 8.64%3.90%12.54% 17 8.64%3.90%12.54% 18 8.64%3.90%12.54% 19 8.64%3.90%12.54% 20 8.64%3.90%12.54% 21 8.64%3.90%12.54% 22 8.78%3.97%12.75% 23 8.92%4.04%12.96% 24 9.07%4.11%13.18% 25 9.22%4.18%13.40% 26 9.37%4.25%13.62% 27 9.52%4.32%13.84% 28 9.68%4.40%14.08% 29 9.84%4.48%14.32% 30 10.01%4.56%14.57% 31 10.18%4.64%14.82% 32 10.35%4.72%15.07% 33 10.53%4.81%15.34% 34 10.71%4.89%15.60% 35 10.89%4.98%15.87% 36 11.07%5.06%16.13% 37 11.25%5.15%16.40% 38 11.45%5.25%16.70% 39 11.64%5.34%16.98% 40 11.83%5.43%17.26% 41 12.05%5.53%17.58% 42 12.27%5.64%17.91% 43 12.45%5.72%18.17% 44 12.53%5.76%18.29% 45 12.51%5.75%18.26% 46 12.43%5.71%18.14% 47 12.17%5.59%17.76% 48 12.55%5.77%18.32% 49 13.14%6.05%19.19% 50 13.14%6.05%19.19% 51 13.14%6.05%19.19% 52 13.14%6.05%19.19% 53 13.14%6.05%19.19% 54 13.14%6.05%19.19% 55 13.14%6.05%19.19% 56 13.14%6.05%19.19% 57 13.14%6.05%19.19% 58 13.14%6.05%19.19% 59 13.14%6.05%19.19% 60 and over 13.14%6.05%19.19% Adminstrative Expense: 0.47% of payroll added to Basic rates. COLA Loading: 47.78% applied to Basic rates prior to adjustment for administrative expenses. *NOTE: The rate should be applied to all compensation up to the annual IRC 401(a)(17) compensation limit. Membership Date before January 1, 2013 Member Rates 7-1-19 Exhibit K Page 15September 25, 2018 BOS Minutes 442 Exhibit L SAFETY Cost Group #10 Non-PEPRA Member Contribution Rates Effective 7/1/19 - 6/30/20 Expressed as a Percentage of Monthly Payroll* Entry Age Basic COLA Total 15 9.05%6.39%15.44% 16 9.05%6.39%15.44% 17 9.05%6.39%15.44% 18 9.05%6.39%15.44% 19 9.05%6.39%15.44% 20 9.05%6.39%15.44% 21 9.05%6.39%15.44% 22 9.19%6.50%15.69% 23 9.34%6.61%15.95% 24 9.50%6.73%16.23% 25 9.65%6.84%16.49% 26 9.81%6.96%16.77% 27 9.97%7.08%17.05% 28 10.14%7.20%17.34% 29 10.31%7.33%17.64% 30 10.48%7.46%17.94% 31 10.65%7.58%18.23% 32 10.84%7.73%18.57% 33 11.03%7.87%18.90% 34 11.22%8.01%19.23% 35 11.42%8.16%19.58% 36 11.62%8.31%19.93% 37 11.81%8.45%20.26% 38 12.01%8.60%20.61% 39 12.22%8.75%20.97% 40 12.44%8.92%21.36% 41 12.67%9.09%21.76% 42 12.90%9.26%22.16% 43 13.19%9.48%22.67% 44 13.42%9.65%23.07% 45 13.62%9.80%23.42% 46 13.66%9.83%23.49% 47 13.60%9.78%23.38% 48 13.39%9.63%23.02% 49 13.01%9.34%22.35% 50 13.01%9.34%22.35% 51 13.01%9.34%22.35% 52 13.01%9.34%22.35% 53 13.01%9.34%22.35% 54 13.01%9.34%22.35% 55 13.01%9.34%22.35% 56 13.01%9.34%22.35% 57 13.01%9.34%22.35% 58 13.01%9.34%22.35% 59 13.01%9.34%22.35% 60 and over 13.01%9.34%22.35% Adminstrative Expense: 0.47% of payroll added to Basic rates. COLA Loading: 74.50% applied to Basic rates prior to adjustment for administrative expenses. *NOTE: The rate should be applied to all compensation up to the annual IRC 401(a)(17) compensation limit. Membership Date before January 1, 2013 Member Rates 7-1-19 Exhibit L Page 16September 25, 2018 BOS Minutes 443 Exhibit M SAFETY Cost Group #11 Non-PEPRA Member Contribution Rates Effective 7/1/19 - 6/30/20 Expressed as a Percentage of Monthly Payroll* Entry Age Basic COLA Total 15 9.17%6.88%16.05% 16 9.17%6.88%16.05% 17 9.17%6.88%16.05% 18 9.17%6.88%16.05% 19 9.17%6.88%16.05% 20 9.17%6.88%16.05% 21 9.17%6.88%16.05% 22 9.32%7.00%16.32% 23 9.47%7.12%16.59% 24 9.63%7.25%16.88% 25 9.78%7.37%17.15% 26 9.94%7.49%17.43% 27 10.11%7.63%17.74% 28 10.28%7.76%18.04% 29 10.45%7.90%18.35% 30 10.62%8.03%18.65% 31 10.80%8.17%18.97% 32 10.99%8.32%19.31% 33 11.17%8.47%19.64% 34 11.37%8.62%19.99% 35 11.57%8.78%20.35% 36 11.77%8.94%20.71% 37 11.97%9.10%21.07% 38 12.17%9.26%21.43% 39 12.38%9.42%21.80% 40 12.59%9.59%22.18% 41 12.83%9.78%22.61% 42 13.07%9.97%23.04% 43 13.34%10.18%23.52% 44 13.60%10.39%23.99% 45 13.76%10.52%24.28% 46 13.80%10.55%24.35% 47 13.71%10.48%24.19% 48 13.44%10.26%23.70% 49 12.83%9.78%22.61% 50 12.83%9.78%22.61% 51 12.83%9.78%22.61% 52 12.83%9.78%22.61% 53 12.83%9.78%22.61% 54 12.83%9.78%22.61% 55 12.83%9.78%22.61% 56 12.83%9.78%22.61% 57 12.83%9.78%22.61% 58 12.83%9.78%22.61% 59 12.83%9.78%22.61% 60 and over 12.83%9.78%22.61% Adminstrative Expense: 0.47% of payroll added to Basic rates. COLA Loading: 79.12% applied to Basic rates prior to adjustment for administrative expenses. *NOTE: The rate should be applied to all compensation up to the annual IRC 401(a)(17) compensation limit. Membership Date before January 1, 2013 Member Rates 7-1-19 Exhibit M Page 17September 25, 2018 BOS Minutes 444 Exhibit N SAFETY Cost Group #12 Non-PEPRA Member Contribution Rates Effective 7/1/19 - 6/30/20 Expressed as a Percentage of Monthly Payroll* Entry Age Basic COLA Total 15 9.17%4.75%13.92% 16 9.17%4.75%13.92% 17 9.17%4.75%13.92% 18 9.17%4.75%13.92% 19 9.17%4.75%13.92% 20 9.17%4.75%13.92% 21 9.17%4.75%13.92% 22 9.32%4.83%14.15% 23 9.47%4.91%14.38% 24 9.63%5.00%14.63% 25 9.78%5.08%14.86% 26 9.94%5.17%15.11% 27 10.11%5.26%15.37% 28 10.28%5.35%15.63% 29 10.45%5.44%15.89% 30 10.62%5.54%16.16% 31 10.80%5.64%16.44% 32 10.99%5.74%16.73% 33 11.17%5.84%17.01% 34 11.37%5.95%17.32% 35 11.57%6.06%17.63% 36 11.77%6.16%17.93% 37 11.97%6.27%18.24% 38 12.17%6.38%18.55% 39 12.38%6.50%18.88% 40 12.59%6.61%19.20% 41 12.83%6.74%19.57% 42 13.07%6.87%19.94% 43 13.34%7.02%20.36% 44 13.60%7.16%20.76% 45 13.76%7.25%21.01% 46 13.80%7.27%21.07% 47 13.71%7.22%20.93% 48 13.44%7.08%20.52% 49 12.83%6.74%19.57% 50 12.83%6.74%19.57% 51 12.83%6.74%19.57% 52 12.83%6.74%19.57% 53 12.83%6.74%19.57% 54 12.83%6.74%19.57% 55 12.83%6.74%19.57% 56 12.83%6.74%19.57% 57 12.83%6.74%19.57% 58 12.83%6.74%19.57% 59 12.83%6.74%19.57% 60 and over 12.83%6.74%19.57% Adminstrative Expense: 0.47% of payroll added to Basic rates. COLA Loading: 54.55% applied to Basic rates prior to adjustment for administrative expenses. *NOTE: The rate should be applied to all compensation up to the annual IRC 401(a)(17) compensation limit. Membership Date before January 1, 2013 Member Rates 7-1-19 Exhibit N Page 18September 25, 2018 BOS Minutes 445 Exhibit O PEPRA Tiers Member Contribution Rates Membership Date on or after January 1, 2013 Effective 7/1/19 - 6/30/20 Expressed as a Percentage of Monthly Payroll* General Tiers Basic COLA Total Cost Group #1 – PEPRA Tier 4 (2% COLA)8.80%2.02%10.82% Cost Group #1 – PEPRA Tier 4 (3% COLA)8.95%3.01%11.96% Cost Group #2 - PEPRA Tier 5 (2% COLA)8.20%1.87%10.07% Cost Group #2 - PEPRA Tier 5 (3%/4% COLA) 8.42%2.79%11.21% Cost Group #3 - PEPRA Tier 4 (3% COLA)8.03%2.80%10.83% Cost Group #4 - PEPRA Tier 4 (3% COLA)9.49%3.24%12.73% Cost Group #5 - PEPRA Tier 4 (2% COLA)9.46%2.19%11.65% Cost Group #5 - PEPRA Tier 4 (3% COLA)11.44%3.90%15.34% Cost Group #6 - PEPRA Tier 4 (3% COLA)10.01%3.47%13.48% Safety Tiers Basic COLA Total Cost Group #7 - PEPRA Tier D 14.86%6.13%20.99% Cost Group #8 - PEPRA Tier D 14.28%6.00%20.28% Cost Group #8 - PEPRA Tier E 13.90%3.90%17.80% Cost Group #9 - PEPRA Tier E 13.50%3.76%17.26% Cost Group #10 - PEPRA Tier D 13.33%5.65%18.98% Cost Group #11 - PEPRA Tier D 12.66%5.40%18.06% Cost Group #12 - PEPRA Tier D 11.92%5.07%16.99% The Basic rates shown above also include an administrative expense load of 0.47% of payroll. *NOTE: The rate should be applied to all compensation (whether or not in Social Security) up to the applicable annual Gov. Code 7522.10(d) compensation limit. Member Rates 7-1-19 Exhibit O Page 19September 25, 2018 BOS Minutes 446 Page 20 CONTRA COSTA COUNTY EMPLOYEES’ RETIREMENT ASSOCIATION SUBVENTION All rates are shown as a percent of payroll. Employee contribution rates vary depending upon their tier and age at entry. To compute the exact subvention percent for each employee, do the following: Employee rate – Decrease the employee’s rate by the subvention percent (i.e. 25%, 50%, etc.). Employer rate – Increase the employer’s rate by a percent of the employee’s decrease using the applicable refundability factor (found on Exhibits A and B): EXAMPLE FOR COST GROUP #3 LEGACY MEMBERS: If the subvention percent is 25%, and the employee’s rate is 6.00%, Employee rates should be decreased by 1.50% (25% × 6.00%) The employer rate should be increased by 1.4382% (1.50% × 0.9588) Please note that for PEPRA members, subvention is generally not permitted. The standard under Gov. Code §7522.30(a) is that employees pay at least 50 percent of normal costs and that employers not pay any of the required employee contribution, but there are some exceptions. Gov. Code §7522.30(f) allows the terms (regarding the employee’s required contribution) of a contract, including a memorandum of understanding, that is in effect on January 1, 2013, to continue through the length of a contract. This means that it is possible that an employer will subvent a portion of a PEPRA member’s required contribution until the expiration date of the current contract, so long as it has been determined that the contract has been impaired. CAUTION – these rates are for employer subvention of up to one-half the member contribution under Gov. Code §31581.1, NOT employer pick-up of employee contribution rates. When an employer subvents, the contribution subvented is not placed in the member’s account and is therefore not available to the member as a refund. For this reason, the employer pays the contribution at a discount (i.e. “Refundability Factor”). Employer pick-ups of employee contributions are those made under Gov. Code §31581.2 and Internal Revenue Code §414 (h)(2) for the sole purpose of deferring income tax. These contributions are added to the member’s account, are available to the member as a refund and are considered by CCCERA as part of the member’s compensation for retirement purposes. EMPLOYEE PAYMENT OF EMPLOYER COST There are several reasons why the attached contribution rates may need to be adjusted to increase the employee portion including the following: Gov. Code §31631 allows for members to pay all or part of the employer contributions. Gov. Code §31639.95 allows for Safety members to pay a portion of the employer cost for the “3% at 50” enhanced benefit. Gov. Code §7522.30(c) requires that an employee’s contribution rate be at least equal to that of similarly situated employees. September 25, 2018 BOS Minutes 447 Page 21 Gov. Code §7522.30(e) allows the employee contributions to be more than one-half of the normal cost rate if the increase has been agreed to through the collective bargaining process. If you need to increase the employee contribution rate for any reason, you will need to adjust both employee and employer rates as follows: Employee rate – Increase the employee’s rate by the desired percent of payroll. Employer rate – Decrease the employer’s rate by a percent of the cost-sharing percent of payroll using the applicable refundability factor: EXAMPLE FOR COST GROUP #11 LEGACY MEMBERS: If the required increase in the employee rate is 8.0%, Employee rates should be increased by 8.0%. The employer rate should be decreased by 7.732% (8.0% × 0.9665) PREPAYMENT DISCOUNT FACTOR FOR 2019-20 Employer Contribution Prepayment Program & Discount Factor for 2019-20 is 0.9696 If you are currently participating in the prepayment program and wish to continue, you do not need to do anything other than prepay the July 1, 2019 through June 30, 2020 contributions on or before July 31, 2019. If you wish to start participating, please contact the Accounting Department at CCCERA by March 31, 2019. The discount factor is calculated assuming the prepayment will be received on July 31 in accordance with Gov. Code §31582(b) in lieu of 12 equal payments due at the end of each month in accordance with Gov. Code §31582(a). The discount factor for the fiscal year July 1, 2019 through June 30, 2020 will be 0.9696 based on the interest assumption of 7.00% per annum. It is calculated by discounting each of the 12 equal payments back to the date that the prepayment is made and is the sum of the discount factors shown in the table below divided by 12. Each of the discount factors below is based on how many months early the payment is made. Payment Number Number of Months Payment is Made Early Discount Factor 1 0 1.0000 2 1 0.9944 3 2 0.9888 4 3 0.9832 5 4 0.9777 6 5 0.9722 7 6 0.9667 8 7 0.9613 9 8 0.9559 10 9 0.9505 11 10 0.9452 12 11 0.9399 Sum of Discount Factors Divided by 12: 0.9696 September 25, 2018 BOS Minutes 448 RECOMMENDATION(S): REFER to the Internal Operations Committee review of the Inclusionary Housing Ordinance In-Lieu of (providing affordable units) Fees. FISCAL IMPACT: No fiscal impact. The recommended action is a referral to the Internal Operations Committee. BACKGROUND: On October 24, 2006, the County Board of Supervisors adopted an Inclusionary Housing Ordinance (the IHO) that requires the inclusion of affordable housing units as part of a residential development, or the payment of a fee in-lieu of providing the affordable units. The IHO includes formulas for the annual calculation of in-lieu fees for rental and for-sale housing. In 2009, the California Superior Court concluded that the rental housing requirements in inclusionary ordinances were superseded by the vacancy decontrol provisions of the Costa-Hawkins Act (Palmer/Sixth Street Properties, L.P. v City of Los Angeles). In order to comply with the Palmer decision, the County maintained the language in the IHO, but changed the in-lieu fee to $0 for rental developments. The current in-lieu fee for for-sale housing is $3,874 per market rate unit. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 09/25/2018 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Karen Mitchoff, District IV Supervisor ABSENT:Diane Burgis, District III 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: September 25, 2018 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:September 25, 2018 Contra Costa County Subject:Inclusionary Housing Ordinance In-Lieu Fees Referral to Internal Operations Committee September 25, 2018 BOS Minutes 449 BACKGROUND: (CONT'D) In 2017, the governor signed into law AB 1505, which affirmed local agencies’ authority to apply affordable housing requirements to rental projects, effective January 1, 2018. The Department of Conservation and Development seeks input from the Internal Operations Committee on the reinstatement of the rental in-lieu fee based on the formula in the IHO. The 2018 calculation for the fees is $24,200.55 for rental housing and $6,218.91 for for-sale housing. CONSEQUENCE OF NEGATIVE ACTION: If there is not a referral to the Internal Operations Committee, Conservation and Development Department staff would bring an agenda item to the full Board of Supervisors without the benefit of a committee discussion. September 25, 2018 BOS Minutes 450 RECOMMENDATION(S): ADOPT Resolution No. 2018/503 authorizing the issuance and sale of "Pittsburg Unified School District, General Obligation Bonds, Election of 2014, Series C (2018)" in an amount not to exceed $20,000,000 by Pittsburg Unified School District on its own behalf pursuant to Sections 15140 and 15146 of the Education Code, as permitted by Section 53508.7(c) of the Government Code. FISCAL IMPACT: There is no fiscal impact to the County. BACKGROUND: The Pittsburg Unified School District intends to issue General Obligation bonds to fund capital improvements throughout the District. The District has requested that the Board of Supervisors adopt a resolution authorizing the direct issuance and sale of the bonds by the District on its own behalf pursuant to Sections 15140 and 15146 of the Education Code, as permitted by Section 53508.7(c) of the Government Code in an amount not to exceed $20,000,000. CONSEQUENCE OF NEGATIVE ACTION: Without the Contra Costa County Board of Supervisors authorization, the School District would not be able to issue the bonds. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 09/25/2018 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Karen Mitchoff, District IV Supervisor ABSENT:Diane Burgis, District III 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: September 25, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stephanie Mello, Deputy cc: Jaime Trejo, PFM Financial Advisors LLC, Adam Thimmig, Quint & Thimmig LLP, Dr. Janet Schulze, Superintendent C. 79 To:Board of Supervisors From:David Twa, County Administrator Date:September 25, 2018 Contra Costa County Subject:PITTSBURG UNIFIED SCHOOL DISTRICT GENERAL OBLIGATION BONDS, ELECTION OF 2014, SERIES C (2018) September 25, 2018 BOS Minutes 451 CHILDREN'S IMPACT STATEMENT: The recommendation supports the following Children's Report Card outcome: Communities that are Safe and Provide a High Quality of Life for Children and Families. AGENDA ATTACHMENTS Resolution No. 2018/503 District Resolution MINUTES ATTACHMENTS Signed Resolution No. 2018/503 September 25, 2018 BOS Minutes 452 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and for Special Districts, Agencies and Authorities Governed by the Board Adopted this Resolution on 09/25/2018 by the following vote: AYE:3 John Gioia Candace Andersen Karen Mitchoff NO: ABSENT:2 Diane Burgis Federal D. Glover ABSTAIN: RECUSE: Resolution No. 2018/503 RESOLUTION OF THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY CONSENTING TO AND AUTHORIZING THE PITTSBURG UNIFIED SCHOOL DISTRICT TO ISSUE ITS GENERAL OBLIGATION BONDS, ELECTION OF 2014, SERIES C (2018) RESOLVED by the Board of Supervisors (the “Board”) of Contra Costa County (the “County”), State of California: WHEREAS, sections 53506 et seq. of the California Government Code, including section 53508.7 thereof, provide that California public school district may issue and sell bonds on its own behalf at private sale pursuant to sections 15140 and 15146 of the California Education Code the Education Code; WHEREAS, section 15140(b) of the California Education Code provides that the board of supervisors of county may authorize California public school district in the county to issue and sell its own bonds without the further action of the board of supervisors or officers of the county; WHEREAS, the Board of Trustees of the Pittsburg Unified School District (the “District”), a California public school district under the jurisdiction of the County, has heretofore adopted and filed with the Clerk of this Board, a resolution (the “District Resolution”) providing for the issuance and sale of its Pittsburg Unified School District General Obligation Bonds, Election of 2014, Series C (2018), in an amount not to exceed $20,000,000 (the “2014C Bonds”), through negotiated sale pursuant to sections 53506 et seq. of the California Government Code; and WHEREAS, it has been requested on behalf of the District that this Board consent to such issuance of the 2014C Bonds and authorize the District to issue and sell the 2014C Bonds on its own behalf at negotiated sale pursuant to sections 15140 and 15146 of the California Education Code as permitted by section 53508.7 of the California Government Code and the terms set forth in the District Resolution; NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of the County of Contra Costa, State of California, as follows: Section 1. Recitals. All of the foregoing recitals are true and correct. Section 2. Consent and Authorization of Negotiated Sale. This Board hereby consents to and authorizes the issuance and negotiated sale by the District on its own behalf of the 2014C Bonds pursuant to sections 15140 and 15146 of the California Education Code, as permitted by section 53508.7 of the California Government Code and the terms and conditions set forth in the District Resolution. This consent and authorization set forth herein shall only apply to the 2014C Bonds. Section 3. Source of Payment. The County acknowledges receipt of the District Resolution as adopted and the requests made by the District to levy collect and distribute ad valorem tax revenues pursuant to section 15250 et seq. of the California Education Code to pay for principal of and interest on the 2014C Bonds when and if sold. Correspondingly, and subject to the issuance and sale of the 2014C Bonds and transmittal of information concerning the debt service requirements thereof to the appropriate County officers, there shall be levied by the County on all of the taxable property in the District in addition to all other taxes, a continuing direct ad valorem tax annually during the period the 2014C Bonds are outstanding commencing with fiscal year 2018-19 in an amount sufficient to pay the principal of and interest on the 2014C Bonds when due which tax revenues when collected will be placed in the Interest and Sinking Fund of the District, as defined in the District Resolution, which Interest and September 25, 2018 BOS Minutes 453 Sinking Fund has been irrevocably pledged for the payment of the principal of and interest on the 2014C Bonds when and as the same fall due. The monies in the Interest and Sinking Fund, to the extent necessary to pay the principal of and interest on the 2014C Bonds as the same become due and payable, shall be transferred by the County to the Paying Agent, as defined in the District Resolution, as necessary to pay the principal of and interest on the 2014C Bonds as set out in California law and in the District Resolution. Section 4. Approval of Actions. Officers of the Board and County officials and staff are authorized to do any and all things and are hereby authorized and directed jointly and severally to execute and deliver any and all documents which they may deem necessary or advisable in order to assist the District with the issuance of the 2014C Bonds and otherwise carry out give effect to and comply with the terms and intent of this Resolution. Such actions heretofore taken by such officers officials and staff are hereby ratified confirmed and approved. Section 5. Indemnification of County . The County acknowledges and relies upon the fact that the District has represented that it shall indemnify and hold harmless, to the extent permitted by law, the County and its officers and employees (“Indemnified Parties”), against any and all losses, claims, damages or liabilities, joint or several, to which such Indemnified Parties may become subject because of action or inaction related to the adoption of this resolution, or related to the proceedings for sale, award, issuance and delivery of the 2014C Bonds in accordance herewith and with the District’s resolution and that the District shall also reimburse any such Indemnified Parties for any legal or other expenses incurred in connection with investigating or defending any such claims or actions. Section 6. Limited Responsibility for Official Statement. Neither the Board nor any officer of the County has prepared or reviewed the official statement of the District describing the 2014C Bonds (the “Official Statement”) and this Board and the various officers of the County take no responsibility for the contents or distribution thereof; provided, however, that solely with respect to a section contained or to be contained therein describing the County’s investment policy, current portfolio holdings and valuation procedures, as they may relate to funds of the District held by the County Treasurer-Tax Collector, the County Treasurer-Tax Collector is hereby authorized and directed to prepare and review such information for inclusion in the Official Statement and in a preliminary official statement, and to certify in writing prior to or upon the issuance of the 2014C Bonds that the information contained in such section does not contain any untrue statement of material fact or omit to state any material fact necessary in order to make the statements made therein in the light of the circumstances under which they are made not misleading. Section 7. Limited Liability. Notwithstanding anything to the contrary contained herein in the 2014C Bonds or in any other document mentioned herein, neither the County nor the Board shall have any liability hereunder or by reason hereof or in connection with the transactions contemplated hereby and the 2014C Bonds shall be payable solely from the moneys of the District available therefore as set forth in the District Resolution and herein. Section 8. Effective Date. This Resolution shall take effect immediately upon its passage. 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: September 25, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stephanie Mello, Deputy cc: Jaime Trejo, PFM Financial Advisors LLC, Adam Thimmig, Quint & Thimmig LLP, Dr. Janet Schulze, Superintendent September 25, 2018 BOS Minutes 454 C.79 September 25, 2018 BOS Minutes 455 September 25, 2018 BOS Minutes 456 September 25, 2018 BOS Minutes 457 September 25, 2018 BOS Minutes 458 September 25, 2018 BOS Minutes 459 September 25, 2018 BOS Minutes 460 September 25, 2018 BOS Minutes 461 September 25, 2018 BOS Minutes 462 September 25, 2018 BOS Minutes 463 September 25, 2018 BOS Minutes 464 September 25, 2018 BOS Minutes 465 September 25, 2018 BOS Minutes 466 September 25, 2018 BOS Minutes 467 September 25, 2018 BOS Minutes 468 September 25, 2018 BOS Minutes 469 September 25, 2018 BOS Minutes 470 September 25, 2018 BOS Minutes 471 September 25, 2018 BOS Minutes 472 September 25, 2018 BOS Minutes 473 September 25, 2018 BOS Minutes 474 September 25, 2018 BOS Minutes 475 September 25, 2018 BOS Minutes 476 September 25, 2018 BOS Minutes 477 September 25, 2018 BOS Minutes 478 September 25, 2018 BOS Minutes 479 September 25, 2018 BOS Minutes 480 September 25, 2018 BOS Minutes 481 September 25, 2018 BOS Minutes 482 September 25, 2018 BOS Minutes 483 September 25, 2018 BOS Minutes 484 September 25, 2018 BOS Minutes 485 September 25, 2018 BOS Minutes 486 September 25, 2018 BOS Minutes 487 September 25, 2018 BOS Minutes 488 September 25, 2018 BOS Minutes 489 September 25, 2018 BOS Minutes 490 Exhibit A Page 1 EXHIBIT A FORM OF SERIES C BOND United States of America State of California Contra Costa County PITTSBURG UNIFIED SCHOOL DISTRICT GENERAL OBLIGATION BONDS, ELECTION OF 2014, SERIES C (2018) INTEREST RATE: MATURITY DATE: ISSUE DATE: CUSIP: _______% August 1, ____ October 16, 2018 ____ REGISTERED OWNER: CEDE & CO. PRINCIPAL SUM: ________________________________________ DOLLARS The PITTSBURG UNIFIED SCHOOL DISTRICT, a school district, duly organized and existing under and by virtue of the Constitution and laws of the State of California (the “District”), for value received hereby promises to pay to the Registered Owner stated above, or registered assigns (the “Owner”), on the Maturity Date stated above (subject to any right of prior redemption hereinafter provided for), the Principal Sum stated above, in lawful money of the United States of America, and to pay interest thereon in like lawful money from the interest payment date next preceding the date of authentication of this Bond (unless (i) this Bond is authenticated on an interest payment date, in which event it shall bear interest from such date of authentication, or (ii) this Bond is authenticated prior to an interest payment date and after the close of business on the fifteenth day of the month preceding such interest payment date, in which event it shall bear interest from such interest payment date, or (iii) this Bond is authenticated on or prior to January 15, 2018, in which event it shall bear interest from the Issue Date stated above; provided however, that if at the time of authentication of this Bond, interest is in default on this Bond, this Bond shall bear interest from the interest payment date to which interest has previously been paid or made available for payment on this Bond) until payment of such Principal Sum in full, at the rate per annum stated above, payable on February 1 and August 1 in each year, commencing February 1, 2018, calculated on the basis of 360-day year comprised of twelve 30-day months. Principal hereof is payable at the corporate trust office of The Bank of New York Mellon Trust Company, N.A. (the “Paying Agent”), in Dallas, Texas. Interest hereon (including the final interest payment upon maturity or earlier redemption) is payable by check or draft of the Paying Agent mailed by first-class mail to the Owner at the Owner’s address as it appears on the registration books maintained by the Paying Agent as of the close of business on the fifteenth day of the month next preceding such interest payment date (the “Record Date”), or at such other address as the Owner may have filed with the Paying Agent for that purpose; provided however, that payment of interest may be by wire transfer in immediately available funds to an account in the United States of America to any Owner of Bonds in the aggregate principal amount of $1,000,000 or more who shall furnish written wire instructions to the Paying Agent at least five (5) days before the applicable Record Date. This Bond is one of a duly authorized issue of Bonds of the District designated as “Pittsburg Unified School District (Contra Costa County, California) General Obligation Bonds, Election of 2014, Series C (2018)” (the “Bonds”), in an aggregate principal amount of __________________ dollars ($________), all of like tenor and date (except for such variation, if any, as may be required to designate varying numbers, maturities, interest rates or redemption and other provisions) and all issued pursuant to the provisions of Article 4.5 of Chapter 3 of Part 1 of Division 2 of Title 5 (commencing with section 53506) of the California Government Code (the “Act”), and pursuant to Resolution No. __ of the District adopted May 24, 2018 (th e “Resolution”), authorizing the issuance of the Bonds. Reference is hereby made to the Resolution (copies of which are on file at the office of the Clerk of the Board of Trustees of the District) and the Act for a description of the terms on which the Bonds are issued and the rights September 25, 2018 BOS Minutes 491 Exhibit A Page 2 thereunder of the owners of the Bonds and the rights, duties and immunities of the Paying Agent and the rights and obligations of the District thereunder, to all of the provisions of which Resolution the Owner of this Bond, by acceptance hereof, assents and agrees. A duly called election was held in the District on November 4, 2014, and thereafter canvassed pursuant to law. At such election there was submitted to and approved by the requisite 55% vote of the qualified electors of the District a question as to the issuance and sale of general obligation bonds of the District to provide safe, modern neighborhood schools with updated computer technology, upgrade energy systems, including solar, reduce cost, improve student learning by acquiring, upgrading, constructing, equipping classrooms, science/computer labs, and school facilities, replace aging roofs, plumbing, heating, ventilation/electrical systems, improve fire alarms, school security and earthquake safety (the “Project”), in the maximum aggregate principal amount of $85,000,000 (the “Authorization”) payable from the levy of an ad valorem tax against the taxable property in the District. The Series C Bonds represent the third issue under the Authorization. This Bond and the interest hereon and on all other Bonds and the interest thereon (to the extent set forth in the Resolution) are general obligations of the District and do not constitute an obligation of Contra Costa County. The District has the power and is obligated to cause the Contra Costa County Board of Supervisors to levy ad valorem taxes for the payment of the Bonds and the interest thereon upon all property within the District subject to taxation by the District. No part of any fund of the Contra Costa County is pledged or obligated to the payment of the Bonds. The Bonds maturing on or before August 1, ____, are non-callable. The Bonds maturing on August 1, ____, or any time thereafter, are callable for redemption prior to their stated maturity date at the option of the District, as a whole, or in part on any date on or after August 1, ____ (in such maturities as are designated by the District, or, if the District fails to designate such maturities, on a proportional basis), and may be redeemed prior to the maturity thereof by payment of all principal, plus accrued interest to date of redemption, without premium. [If applicable:] The Bonds maturing on August 1, 20___ (the “Term Bonds”) are also subject to mandatory sinking fund redemption on August 1 in the years, and in the amounts, as set forth in the following table, at a redemption price equal to one hundred percent (100%) of the principal amount thereof to be redeemed (without premium), together with interest accrued thereon to the date fixed for redemption; provided, however, that if some but not all of the Term Bonds have been redeemed pursuant to the preceding paragraph, the aggregate principal amount of Term Bonds to be redeemed under this paragraph shall be reduced on a pro rata basis in integral multiples of $5,000, as shall be designated pursuant to written notice filed by the District with the Paying Agent: Sinking Fund Principal Redemption Date Amount to be (August 1) Redeemed †Maturity The Paying Agent shall give notice of the redemption of the Bonds at the expense of the District. Such notice shall specify: (a) that the Bonds or a designated portion thereof are to be redeemed, (b) the numbers and CUSIP numbers of the Bonds to be redeemed, (c) the date of notice and the date of redemption, (d) the place or places where the redemption will be made, and (e) descriptive information regarding the Bonds including the dated date, interest rate and stated maturity date. Such notice shall further state that on the specified date there shall become due and payable upon each Bond to be redeemed, the portion of the principal amount of such Bond to be redeemed, together with interest accrued to said date, and that from and after such date interest with respect thereto shall cease to accrue and be payable. September 25, 2018 BOS Minutes 492 Exhibit A Page 3 If an Event of Default, as defined in the Resolution, shall occur, the principal of all Bonds may be declared due and payable upon the conditions, in the manner and with the effect provided in the Resolution, but such declaration and its consequences may be rescinded and annulled as further provided in the Resolution. The Bonds are issuable as fully registered Bonds, without coupons, in denominations of $5,000 and any integral multiple thereof. Subject to the limitations and conditions and upon payment of the charges, if any, as provided in the Resolution, Bonds may be exchanged for a like aggregate principal amount of Bonds of other authorized denominations and of the same maturity. This Bond is transferable by the Owner hereof, in person or by his attorney duly authorized in writing, at said office of the Paying Agent in Dallas, Texas, but only in the manner and subject to the limitations provided in the Resolution, and upon surrender and cancellation of this Bond. Upon registration of such transfer a new Bond or Bonds, of authorized denomination or denominations, for the same aggregate principal amount and of the same maturity will be issued to the transferee in exchange herefor. The District and the Paying Agent may treat the Owner hereof as the absolute owner hereof for all purposes, and the District and the Paying Agent shall not be affected by any notice to the contrary. The Resolution may be amended without the consent of the Owners of the Bonds to the extent set forth in the Resolution. It is hereby certified that all of the things, conditions and acts required to exist, to have happened or to have been performed precedent to and in the issuance of this Bond do exist, have happened or have been performed in due and regular time and manner as required by the laws of the State of California (the “State”), and that the amount of this Bond, together with all other indebtedness of the District, does not exceed any limit prescribed by any laws of the State of California, and is not in excess of the amount of Bonds permitted to be issued under the Resolution. This Bond shall not be entitled to any benefit under the Resolution or become valid or obligatory for any purpose until the Certificate of Authentication hereon shall have been signed manually by the Paying Agent. Unless this certificate is presented by an authorized representative of The Depository Trust Company; a New York corporation (“DTC”), to the District or the Paying Agent for registration of transfer, exchange, or payment, and any certificate issued is registered in the name of Cede & Co. or in such other name as is requested by an authorized representative of DTC (and any payment is made to Cede & Co. or to such other entity as is requested by an authorized representative of DTC), ANY TRANSFER, PLEDGE, OR OTHER USE HEREOF FOR VALUE OR OTHERWISE BY OR TO ANY PERSON IS WRONGFUL inasmuch as the registered owner hereof, Cede & Co., has an interest herein. IN WITNESS WHEREOF, the Pittsburg Unified School District has caused this Bond to be executed in its name and on its behalf with the facsimile signatures of the President of the Board of Trustees and the Clerk of the Board of Trustees, all as of the Issue Date stated above. PITTSBURG UNIFIED SCHOOL DISTRICT By President of the Board of Trustees Clerk of the Board of Trustees September 25, 2018 BOS Minutes 493 Exhibit A Page 4 CERTIFICATE OF AUTHENTICATION This is one of the Bonds described in the within-mentioned Resolution. Authentication Date: THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A., as Paying Agent By Authorized Signatory September 25, 2018 BOS Minutes 494 Exhibit A Page 5 ASSIGNMENT For value received, the undersigned do(es) hereby sell, assign and transfer unto (Name, Address and Tax Identification or Social Security Number of Assignee) the within Series C Bond and do(es) hereby irrevocably constitute(s) and appoint(s) attorney, to transfer the same on the registration books of the Paying Agent with full power of substitution in the premises. Dated: _______________ Signature Guaranteed: ____________________________________ ____________________________________ Notice: Signature(s) must be guaranteed by a qualified guarantor institution. Notice: The signature on this assignment must correspond with the name(s) as written on the face of the within bond in every particular without alteration or enlargement or any change whatsoever.” September 25, 2018 BOS Minutes 495 Exhibit B Page 1 EXHIBIT B FORM OF BOND PURCHASE AGREEMENT $20,000,000 PITTSBURG UNIFIED SCHOOL DISTRICT (Contra Costa County, California) General Obligation Bonds, Election of 2014, Series C (2018) BOND PURCHASE AGREEMENT September 27, 2018 Pittsburg Unified School District 2000 Railroad Avenue Pittsburg, CA 94565 Ladies and Gentlemen: Raymond James & Associates, Inc. (the “Underwriter”), offers to enter into this Bond Purchase Agreement (the “Bond Purchase Agreement”) with the Pittsburg Unified School District (the “District”) which, upon your acceptance hereof, will be binding upon the District and the Underwriter. This offer is made subject to the written acceptance of this Bond Purchase Agreement by the District and delivery of such acceptance to the Underwriter at or prior to 11:59 P.M., California time, on the date hereof. 1. Purchase and Sale of the Series C Bonds. Upon the terms and conditions and in reliance upon the representations, warranties and agreements herein set forth, the Underwriter hereby agrees to purchase from the District for reoffering to the public, and the District hereby agrees to sell to the Underwriter for such purpose, all (but not less than all) of $20,000,000 in aggregate principal amount of the District’s General Obligation Bonds, Election of 2014, Series C (2018) (the “Series C Bonds”). The purchase price for the Series C Bonds shall be $_________ (being equal to the aggregate principal amount of the Series C Bonds ($20,000,000), plus a net original issue premium of $__________, less an Underwriter’s discount of $_________, less $________ paid to The Bank of New York Mellon Trust Company, N.A., as paying agent (the “Paying Agent”), for deposit in the Costs of Issuance Fund held by the Paying Agent, as costs of issuance custodian, as an accommodation to, and for disbursement at the direction of, the District). The Underwriter will transfer (a) $20,000,000.00 to the Contra Costa County Treasurer-Tax Collector (the “County Treasurer”) for deposit in the Building Fund created by the County Treasurer and maintained for the District, and (b) $_________ to the County Treasurer for deposit in the Interest and Sinking Fund maintained for the District. The District acknowledges and agrees that (i) the purchase and sale of the Series C Bonds pursuant to this Bond Purchase Agreement is an arm’s-length commercial transaction between the District and the Underwriter, (ii) in connection with such transaction, including the process leading thereto, the Underwriter is acting solely as a principal and not as an advisor (including, without limitation, a Municipal Advisor (as such term is defined in section 975(e) of the Dodd-Frank Wall Street Reform and Consumer Protection Act)), agent or a fiduciary of the District, (iii) the Underwriter has not assumed a fiduciary responsibility in favor of the District with respect to the offering of the Series C Bonds or the process leading thereto (whether or not the Underwriter, or any affiliate of the Underwriter, has advised or is currently advising the District on other matters) or any other obligation to the District September 25, 2018 BOS Minutes 496 Exhibit B Page 2 except the obligations expressly set forth in this Bond Purchase Agreement, (iv) the Underwriter has financial and other interests that differ from those of the District, and (v) the District has consulted with its own legal and Municipal Advisors to the extent it deemed appropriate in connection with the offering of the Series C Bonds The District acknowledges that it has previously provided the Underwriter with an acknowledgement of receipt of the required Underwriter disclosure under Rule G-17 of the Municipal Securities Rulemaking Board. 2.The Series C Bonds. Except as hereinafter described, the Series C Bonds shall be as described in, and shall be issued and secured pursuant to the provisions of the resolution of the District adopted on September 12, 2018 (the “Resolution”), provisions of Article 4.5 of Chapter 3 of Part 1 of Division 2 of Title 5 (commencing with section 53506) of the California Government Code (the “Act”) and other applicable provisions of law. The Series C Bonds shall be issued, authenticated and delivered under and in accordance with the provisions of this Bond Purchase Agreement and the Resolution. The Series C Bonds are being issued as current interest bonds. At an election held in the District on November 4, 2014, more than 55% of the qualified electors of the District approved the issuance of $85,000,000 general obligation bonds to finance the construction of a new high school and improvements to the existing high school by updating/replacing of aging classrooms and support facilities, and instructional technology needed for improved teaching, replacing portable classrooms, repairing/replacing roofs, worn-out floors, electrical systems, seismic upgrades and improving energy efficiency to save money and support instruction within the District (the “Project”), payable from the levy of an ad valorem tax against the taxable property in the District (the “Authorization”). The Series C Bonds are being issued pursuant to the Authorization to fund a portion of the Project. The Series C Bonds will be dated the date of delivery and accrue interest from such date, payable semiannually on February 1 and August 1 of each year, commencing on February 1, 2019. The Series C Bonds will mature on the dates, bear interest at the rates and be subject to redemption on the terms and conditions, all as shown on Appendix A hereto, which is incorporated herein by this reference. The Series C Bonds will be issued as fully registered bonds, without coupons, in the denominations of $5,000 and any integral multiple thereof. To assist the Underwriter in complying with Securities and Exchange Commission Rule 15c2- 12(b)(5) (the “Rule”), the District will undertake, pursuant to the Resolution and a continuing disclosure certificate (the “Continuing Disclosure Certificate”), to provide annual reports and notices of certain events. A description of this undertaking is set forth in the Preliminary Official Statement and will also be set forth in the Official Statement (each as hereinafter defined). 3.Use of Documents. The District hereby authorizes the Underwriter to use, in connection with the offer and sale of the Series C Bonds, this Bond Purchase Agreement, the Official Statement and the Resolution and all information contained herein and therein and all of the documents, certificates or statements furnished by the District to the Underwriter in connection with the transactions contemplated by this Bond Purchase Agreement. 4.Public Offering of the Series C Bonds. The Underwriter agrees to make a bona fide public offering of all the Series C Bonds at the initial public offering price or yield to be set forth on the cover page of the Official Statement and Appendix A hereto. Except as described below in Section 5—Issue Price, subsequent to such initial public offering, the Underwriter reserves the right to change such initial public offering price or yield as it deems necessary in connection with the marketing of the Series C Bonds. 5.Issue Price. (a) The Underwriter agrees to assist the District in establishing the issue price of the Series C Bonds and shall execute and deliver to the District on the Closing Date an “issue price” or similar certificate substantially in the form attached hereto as Appendix B, with such modifications as may be September 25, 2018 BOS Minutes 497 Exhibit B Page 3 appropriate or necessary, in the reasonable judgment of the Underwriter, the District and Bond Counsel, to accurately reflect, as applicable, the sales price or prices or the initial offering price or prices to the public of the Series C Bonds. (b) Except as otherwise set forth in Schedule 1 attached to Appendix B, the District will treat the first price at which 10% of each maturity of the Series C Bonds (the “10% test”) is sold to the public as the issue price of that maturity (if different interest rates apply within a maturity, each separate CUSIP number within that maturity will be subject to the 10% test). (c) Schedule 1 attached to Appendix B sets forth the maturities, if any, of the Series C Bonds for which the 10% test has not been satisfied and for which the District and the Underwriter agree that the restrictions set forth in the next sentence shall apply, which will allow the District to treat the initial offering price to the public of each such maturity as of the sale date as the issue price of that maturity (the “hold-the-offering-price rule”). So long as the hold-the-offering-price rule remains applicable to any maturity of the Series C Bonds, the Underwriter will neither offer nor sell unsold Series C Bonds of that maturity to any person at a price that is higher than the initial offering price to the public during the period starting on the sale date and ending on the earlier of the following: (i) the close of the fifth (5th) business day after the sale date; or (ii) the date on which the Underwriter has sold at least 10% of that maturity of the Series C Bonds to the public at a price that is no higher than the initial offering price to the public. (d) The Underwriter confirms that any selling group agreement and any retail distribution agreement relating to the initial sale of the Series C Bonds to the public, together with the related pricing wires, contains or will contain language obligating each dealer who is a member of the selling group and each broker-dealer that is a party to such retail distribution agreement, as applicable, to comply with the hold-the-offering-price rule, if applicable, in each case if and for so long as directed by the Underwriter. The District acknowledges that, in making the representation set forth in this subsection, the Underwriter will rely on (i) in the event a selling group has been created in connection with the initial sale of the Bonds to the public, the agreement of each dealer who is a member of the selling group to comply with the hold-the-offering-price rule, if applicable, as set forth in a selling group agreement and the related pricing wires, and (ii) in the event that a retail distribution agreement was employed in connection with the initial sale of the Series C Bonds to the public, the agreement of each broker-dealer that is a party to such agreement to comply with the hold-the-offering-price rule, if applicable, as set forth in the retail distribution agreement and the related pricing wires. The District further acknowledges that the Underwriter shall not be liable for the failure of any dealer who is a member of a selling group, or of any broker-dealer that is a party to a retail distribution agreement, to comply with its corresponding agreement regarding the hold-the-offering-price rule as applicable to the Series C Bonds. (e) The Underwriter acknowledges that sales of any Series C Bonds to any person that is a related party to the Underwriter shall not constitute sales to the public for purposes of this Section 3. Further, for purposes of this Section 3: (i) “public” means any person other than an underwriter or a related party, (ii) “underwriter” means (A) any person that agrees pursuant to a written contract with the District (or with the lead underwriter to form an underwriting syndicate) to participate in the initial sale of the Series C Bonds to the public and (B) any person that agrees pursuant to a written contract directly or indirectly with a person described in clause (A) to participate in the initial sale of the Series C Bonds to the public (including a member of a selling group or a party to a retail distribution agreement participating in the initial sale of the Series C Bonds to the public), and (iii) a purchaser of any of the Series C Bonds is a “related party” to an underwriter if the underwriter and the purchaser are subject, directly or indirectly, to (A) at least 50% common ownership of the voting power or the total value of their stock, if both entities are corporations (including direct ownership by one corporation of another), (B) more than 50% common September 25, 2018 BOS Minutes 498 Exhibit B Page 4 ownership of their capital interests or profits interests, if both entities are partnerships (including direct ownership by one partnership of another), or (C) more than 50% common ownership of the value of the outstanding stock of the corporation or the capital interests or profit interests of the partnership, as applicable, if one entity is a corporation and the other entity is a partnership (including direct ownership of the applicable stock or interests by one entity of the other), and (iv) “sale date” means the date of execution of this Bond Purchase Agreement by all parties. 6. Review of Official Statement. The Underwriter hereby represents that it has received and reviewed the preliminary official statement with respect to the Series C Bonds, dated September 27, 2018 (the Preliminary Official Statement”). The District represents that it has duly authorized and caused the preparation of the Preliminary Official Statement and that it deemed the Preliminary Official Statement to be final as of its date, except for either revision or addition of the offering price(s), yield(s) to maturity, selling compensation, aggregate principal amount, delivery date, rating(s) and other terms of the Series C Bonds which depend upon the foregoing as provided in and pursuant to the Rule. The Underwriter agrees that prior to the time a final Official Statement relating to the Series C Bonds is available, the Underwriter will send to any potential purchaser of the Series C Bonds, upon the request of such potential purchaser, a copy of the most recent Preliminary Official Statement. Such Preliminary Official Statement shall be sent by first class mail (or other equally prompt means) not later than the first business day following the date upon which each such request is received. 7.Closing. At 9:00 A.M., California time, on October 16, 2018, or at such other time or on such other date as shall have been mutually agreed upon by you and us (the “Closing”), the District will deliver to the Underwriter (except as otherwise provided in the Resolution), through the facilities of The Depository Trust Company (“DTC”), or at such other place as we may mutually agree, the Series C Bonds in fully registered book-entry form, duly executed and registered in the name of Cede & Co., as nominee of DTC, and in Larkspur, California, the other documents hereinafter mentioned; and the Underwriter will accept such delivery and pay the purchase price thereof in immediately available funds. 8. Representations, Warranties and Agreements of the District. The District hereby represents, warrants and agrees with the Underwriter that: (a) Due Organization. The District is a school district duly organized and validly existing under the laws of the State of California (the “State”), with the power to issue the Series C Bonds pursuant to the Act. (b) Due Authorization. (i) At or prior to the Closing, the District will have taken all action required to be taken by it to authorize the issuance and delivery of the Series C Bonds; (ii) the District has full legal right, power and authority to enter into this Bond Purchase Agreement, to adopt the Resolution, to perform its obligations under each such document or instrument, and to carry out and effectuate the transactions contemplated by this Bond Purchase Agreement and the Resolution; (iii) the execution and delivery or adoption of, and the performance by the District of the obligations contained in the Series C Bonds, the Resolution, the Continuing Disclosure Certificate and this Bond Purchase Agreement have been duly authorized and such authorization shall be in full force and effect at the time of the Closing; (iv) this Bond Purchase Agreement, the Resolution and the Continuing Disclosure Certificate constitute the valid and legally binding obligations of the District; (v) the Series C Bonds, when issued, authenticated and sold to the Underwriter in accordance with the Resolution, and this Bond Purchase Agreement, will be the legal, valid, binding and enforceable obligations of the District enforceable in accordance with their terms; and (vi) the District has duly authorized the consummation by it of all transactions contemplated by this Bond Purchase Agreement, the Resolution and the Continuing Disclosure Certificate. The District will not amend, terminate or rescind, and will not agree to any amendment, termination or rescission of the Resolution, the Continuing Disclosure Certificate or this Bond Purchase Agreement without the prior written consent of the Underwriter prior to the date of the Closing. September 25, 2018 BOS Minutes 499 Exhibit B Page 5 (c) Consents. Other than the adoption of the Resolution, no consent, approval, authorization, order, filing, registration, qualification, election or referendum of or by any court or governmental agency or public body whatsoever is required in connection with the issuance, delivery or sale of the Series C Bonds or the consummation of the other transactions effected or contemplated herein or hereby, except for such actions as may be necessary to qualify the Series C Bonds for offer and sale under the Blue Sky or other securities laws and regulations of such states and jurisdictions of the United States as the Underwriter may reasonably request, or which have not been taken or obtained; provided, however, that the District shall not be required to subject itself to service of process in any jurisdiction in which it is not so subject as of the date hereof. (d) Internal Revenue Code. The District has covenanted to comply with the Internal Revenue Code of 1986, as amended, and regulations promulgated thereunder, with respect to the Series C Bonds. (e) No Conflicts. The issuance of the Series C Bonds, and the execution, delivery and performance of this Bond Purchase Agreement, the Resolution, the Continuing Disclosure Certificate and the Series C Bonds, and the compliance with the provisions hereof do not conflict with or constitute on the part of the District a violation of or default under, the Constitution of the State of California or any existing law, charter, ordinance, regulation, decree, order or resolution and do not conflict with or result in a violation or breach of, or constitute a default under, any agreement, indenture, mortgage, lease or other instrument to which the District is a party or by which it is bound or to which it is subject. (f) Litigation. As of the time of acceptance hereof, based on the advice of counsel to the District, no action, suit, proceeding, hearing or investigation is pending or, to the best knowledge of the District, threatened against the District: (i) in any way affecting the existence of the District or in any way challenging the respective powers of the several offices or of the titles of the officials of the District to such offices; or (ii) seeking to restrain or enjoin the sale, issuance or delivery of any of the Series C Bonds, the application of the proceeds of the sale of the Series C Bonds, or the collection of taxes of the District pledged or to be pledged or available to pay the principal of and interest on the Series C Bonds, or the pledge thereof, or, the levy of any taxes contemplated by the Resolution, or in any way contesting or affecting the validity or enforceability of the Series C Bonds, this Bond Purchase Agreement, the Continuing Disclosure Certificate or the Resolution or contesting the powers of the District or its authority with respect to the Series C Bonds, the Resolution, the Continuing Disclosure Certificate or this Bond Purchase Agreement; or (iii) in which a final adverse decision could (a) materially adversely affect the operations of the District or the consummation of the transactions contemplated by this Bond Purchase Agreement, the Continuing Disclosure Certificate or the Resolution, (b) declare this Bond Purchase Agreement to be invalid or unenforceable in whole or in material part, or (c) adversely affect the exclusion of the interest paid on the Series C Bonds from gross income for federal income tax purposes and the exemption of such interest from California personal income taxation. (g) No Other Debt. Between the date hereof and the Closing, without the prior written consent of the Underwriter, the District will not have issued, nor will Contra Costa County (the “County”), on behalf of the District issue, any bonds, notes or certificates of participation except for such borrowings as may be described in or contemplated by the Official Statement. (h) Arbitrage Certificate. The District has not been notified of any listing or proposed listing by the Internal Revenue Service to the effect that the District is a bond issuer whose arbitrage certificates may not be relied upon. (i) Certificates. Any certificates signed by any officer of the District and delivered to the Underwriter shall be deemed a representation by the District to the Underwriter, but not by the person signing the same, as to the statements made therein. (j) Official Statement. The District has reviewed the Preliminary Official Statement and, as of its date and as of the date hereof, the information set forth therein contains no untrue statement of a material fact or omits to state a material fact required to be stated therein or necessary to make the statements made therein, in the light of the circumstances under which they were made, not misleading in any material respect. The District will provide to the Underwriter a certificate dated as of the date of the Official Statement and as of the Closing stating that it has reviewed the Official Statement and, as of the September 25, 2018 BOS Minutes 500 Exhibit B Page 6 Closing, the information set forth therein contains no untrue statement of a material fact or omits to state a material fact required to be stated therein or necessary to make the statements made therein, in the light of the circumstances under which they were made, not misleading in any material respect. (k) Financial Statements. The financial statements of the District contained in the Preliminary Official Statement and the Official Statement present fairly the financial position of the District as of the dates indicated and the results of its operations for the periods specified. (l) Continuing Disclosure. Based on a review of its prior undertakings under the Rule, and except as otherwise disclosed in the Preliminary Official Statement and the Official Statement, the District has never failed to comply in all material respects with any previous undertakings with regard to said Rule to provide annual reports or notices of material events with respect to the last five years. (m) Levy of Tax. The District hereby agrees to take any and all actions as may be required by the County or otherwise necessary in order to arrange for the levy and collection of taxes for the payment of the Series C Bonds, and the deposit and investment of Series C Bond proceeds. In particular, the District hereby agrees to provide to the appropriate officials of the County a copy of the Resolution, a copy of Appendix A hereto, and the full debt service schedule for the Series C Bonds, in accordance with section 15140(c) of the California Education Code and policies and procedures of the County. 9.Covenants of the District. The District covenants and agrees with the Underwriter that: (a) Securities Laws. The District will furnish such information, execute such instruments, and take such other action in cooperation with the Underwriter if and as the Underwriter may reasonably request in order to qualify the Series C Bonds for offer and sale under the Blue Sky or other securities laws and regulations of such states and jurisdictions, provided, however, that the District shall not be required to consent to service of process in any jurisdiction in which it is not so subject as of the date hereof; (b) Application of Proceeds. The District will apply the proceeds from the sale of the Series C Bonds for the purposes specified in the Resolution; (c) Official Statement. The District hereby agrees to deliver or cause to be delivered to the Underwriter, not later than the seventh (7th) business day following the date this Bond Purchase Agreement is signed, copies of a final Official Statement substantially in the form of the Preliminary Official Statement, with only such changes therein as shall have been accepted by the Underwriter and the District (such Official Statement with such changes, if any, and including the cover page and all appendices, exhibits, maps, reports and statements included therein or attached thereto being herein called the “Official Statement”) in such quantities as may be requested by the Underwriter in order to permit the Underwriter to comply with paragraph (b)(4) of the Rule and with the rules of the Municipal Securities Rulemaking Board. The District hereby authorizes the Underwriter to use and distribute the Official Statement in connection with the offering and sale of the Series C Bonds; (d) Subsequent Events. The District hereby agrees to notify the Underwriter of any event or occurrence that may affect the accuracy or completeness of any information set forth in the Official Statement until the date which is ninety (90) days following the Closing or until such time (if earlier) as the Underwriter shall no longer hold any of the Series C Bonds for sale; (e) References. References herein to the Preliminary Official Statement and the final Official Statement include the cover page and all appendices, exhibits, maps, reports and statements included therein or attached thereto; and (f) Amendments to Official Statement. For a period of ninety (90) days after the Closing or until such time (if earlier) as the Underwriter shall no longer hold any of the Series C Bonds for sale, the District will not adopt any amendment of or supplement to the Official Statement to which, after having been furnished with a copy, the Underwriter shall object in writing or which shall be disapproved by the Underwriter; and if any event relating to or affecting the District shall occur as a result of which it is necessary, in the opinion of the Underwriter, to amend or supplement the Official Statement in order to make the Official Statement not misleading in light of the circumstances existing at the time it is delivered September 25, 2018 BOS Minutes 501 Exhibit B Page 7 to a purchaser, the District shall forthwith prepare and furnish (at the expense of the District) a reasonable number of copies of an amendment of or supplement to the Official Statement (in form and substance satisfactory to the Underwriter) which will amend or supplement the Official Statement so that it will not contain an untrue statement of a material fact or omit to state a material fact necessary in order to make the statements therein, in the light of the circumstances existing at the time the Official Statement is delivered to a purchaser, not misleading. 10.Conditions to Closing. The Underwriter has entered into this Bond Purchase Agreement in reliance upon the representations and warranties of the District contained herein and the performance by the District of its obligations hereunder, both as of the date hereof and as of the date of Closing. The Underwriter’s obligations under this Bond Purchase Agreement are and shall be subject at the option of the Underwriter, to the following further conditions at the Closing: (a) Representations True. The representations and warranties of the District contained herein shall be true, complete and correct in all material respects at the date hereof and at and as of the Closing as if made at and as of the Closing, and the statements made in all certificates and other documents delivered to the Underwriter at the Closing pursuant hereto shall be true, complete and correct in all material respects on the date of the Closing; and the District shall be in compliance with each of the agreements made by it in this Bond Purchase Agreement; (b) Obligations Performed. At the time of the Closing, (i) the Official Statement, this Bond Purchase Agreement, the Resolution and the Continuing Disclosure Certificate shall be in full force and effect and shall not have been amended, modified or supplemented except as may have been agreed to in writing by the Underwriter; (ii) all actions under the Act which, in the opinion of Quint & Thimmig LLP (“Bond Counsel”), shall be necessary in connection with the transactions contemplated hereby shall have been duly taken and shall be in full force and effect; and (iii) the District shall perform or have performed all of their obligations required under or specified in the Resolution, this Bond Purchase Agreement, the Continuing Disclosure Certificate or the Official Statement to be performed at or prior to the Closing; (c) Adverse Rulings. No decision, ruling or finding shall have been entered by any court or governmental authority since the date of this Bond Purchase Agreement (and not reversed on appeal or otherwise set aside), or to the best knowledge of the District, pending or threatened which has any of the effects described in Section 7(f) hereof or contesting in any way the completeness or accuracy of the Official Statement; (d) Marketability. Between the date hereof and the Closing, the market price or marketability or the ability of the Underwriter to enforce contracts for the sale of the Series C Bonds, at the initial offering prices set forth in the Official Statement, of the Series C Bonds shall not have been materially adversely affected in the judgment of the Underwriter (evidenced by a written notice to the District terminating the obligation of the Underwriter to accept delivery of and pay for the Series C Bonds) by reason of any of the following: (1) legislation enacted or introduced in the Congress or recommended for passage by the President of the United States, or a decision rendered by a court established under Article III of the Constitution of the United States or by the United States Tax Court, with the purpose or effect, directly or indirectly, of causing inclusion in gross income for purposes of federal income taxation of the interest received by the owners of the Series C Bonds, or an order, ruling, regulation (final, temporary or proposed) or official statement issued or made: (i) by or on behalf of the United States Treasury Department, or by or on behalf of the Internal Revenue Service, with the purpose or effect, directly or indirectly, of causing inclusion in gross income for purposes of federal income taxation of the interest received by the owners of the Series C Bonds; or (ii) by or on behalf of the Securities and Exchange Commission, or any other governmental agency having jurisdiction over the subject matter thereof, to the effect that the Series C Bonds, or obligations of the general character of the Series C Bonds, September 25, 2018 BOS Minutes 502 Exhibit B Page 8 including any and all underlying arrangements, are not exempt from registration under the Securities Act of 1933, as amended (the “Securities Act”); (2) legislation enacted by the legislature of the State of California (the “State”), or a decision rendered by a court of the State, or a ruling, order, or regulation (final or temporary) made by State authority, which would have the effect of changing, directly or indirectly, the State tax consequences of interest on obligations of the general character of the Series C Bonds in the hands of the holders thereof; or (3) the declaration of war or engagement in major military hostilities by the United States, any outbreak or escalation of hostilities or the occurrence of any other national emergency or calamity relating to the effective operation of the government or the financial community in the United States; (4) the declaration of a general banking moratorium by federal, New York or California authorities, or the general suspension of trading on any national securities exchange; (5) the imposition by the New York Stock Exchange, other national securities exchange, or any governmental authority, of any material restrictions not now in force with respect to the Series C Bonds, or obligations of the general character of the Series C Bonds, or securities generally, or the material increase of any such restrictions now in force, including those relating to the extension of credit by, or the charge to the net capital requirements of, the Underwriter; (6) an order, decree or injunction of any court of competent jurisdiction, or order, filing, regulation or official statement by the Securities and Exchange Commission, or any other governmental agency having jurisdiction over the subject matter thereof, issued or made to the effect that the issuance, offering or sale of obligations of the general character of the Series C Bonds, or the issuance, offering or sale of the Series C Bonds, as contemplated hereby or by the Official Statement, is or would be in violation of the federal securities laws, as amended and then in effect; (7) there shall have occurred or any notice shall have been given of the intended withdrawal, downgrading or placement on credit watch of any rating of the District’s outstanding indebtedness by a national rating agency; or (8) any event occurring, or information becoming known which, in the reasonable judgment of the Underwriter, makes untrue in any material adverse respect any statement or information contained in the Official Statement, or has the effect that the Official Statement contains any untrue statement of a material fact or omits to state a material fact required to be stated therein or necessary to make the statements made therein, in light of the circumstances under which they were made, not misleading, or (9) other disruptive events, occurrences or conditions in the securities or debt markets. (e) Delivery of Documents. At or prior to the date of the Closing, Bond Counsel shall deliver sufficient copies of the following documents, in each case dated as of the date of the Closing and satisfactory in form and substance to the Underwriter: (1) Bond Opinion. An approving opinion of Bond Counsel, as to the validity and tax- exempt status of the Series C Bonds, dated the date of the Closing, addressed to the District, in the form attached to the Official Statement as Appendix C; (2) Reliance Letter. A reliance letter from Bond Counsel to the effect that the Underwriter can rely upon the approving opinion described in (e)(1) above; (3) Supplemental Opinion. A supplemental opinion of Bond Counsel, dated the date of the Closing, addressed to the Underwriter to the effect that: September 25, 2018 BOS Minutes 503 Exhibit B Page 9 (i) this Bond Purchase Agreement has been duly executed and delivered by the District and, assuming due authorization, execution and delivery by and validity against the Underwriter, is a valid and binding agreement of the District, subject to bankruptcy, insolvency, reorganization, arrangement, moratorium, fraudulent conveyance and other laws relating to or affecting creditors’ rights, to the application of equitable principles and to the exercise of judicial discretion in appropriate cases; (ii) the statements contained in the Official Statement under the captions “THE BONDS,” “SECURITY AND SOURCE OF PAYMENT FOR THE BONDS” and “LEGAL MATTERS—Tax Matters,” insofar as such statements purport to summarize certain provisions of the Series C Bonds and the Resolution and its opinion concerning certain federal tax matters relating to the Series C Bonds are accurate in all material respects; and (iii) the Series C Bonds are not subject to the registration requirements of the Securities Act and the Resolution is exempt from qualification under the Trust Indenture Act of 1939, as amended; (4) Disclosure Counsel Letter. A letter, dated the date of the Closing and addressed to the District and the Underwriter of Quint & Thimmig LLP, Larkspur, California, Disclosure Counsel (“Disclosure Counsel”), to the effect that based upon their participation in the preparation of the Official Statement as Disclosure Counsel, except to the extent set forth in their supplemental opinion, without assuming any responsibility for the accuracy, completeness or fairness of any of the statements contained in the Official Statement nor making any representation regarding independent verification of the accuracy, completeness or fairness of any of the statements contained in the Official Statement, such counsel advises that during the course of such representation of the District as disclosure counsel on this matter, no information came to the attention of the attorneys in such firm rendering legal services in connection with such representation which caused them to believe that the Official Statement as of its date and as of the Closing Date (except for any financial, statistical or economic data or forecasts, numbers, charts, tables, graphs, estimates, projections, assumptions or expressions of opinion (except opinions of Bond Counsel), Appendix A to the Official Statement, or any information about book- entry or DTC included therein, as to which no opinion or view is expressed) contained any untrue statement of a material fact or omitted to state any material fact required to be stated therein or necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading; (5) Certificates. Certificates signed by appropriate officials of the District to the effect that (i) such officials are authorized to execute this Bond Purchase Agreement, (ii) the representations, agreements and warranties of the District herein are true and correct in all material respects as of the date of Closing, (iii) the District has complied with all the terms of the Resolution and this Bond Purchase Agreement, which are necessary to be complied with prior to or concurrently with the Closing and such documents are in full force and effect, (iv) the District has reviewed the Official Statement and on such basis certifies that the Official Statement does not contain any untrue statement of a material fact required to be stated therein or necessary to make the statements therein, in light of the circumstances in which they were made, not misleading, (v) no further consent is required for inclusion of the District’s audited financial statements in the Official Statement, and (vi) the Series C Bonds being delivered on the date of the Closing to the Underwriter under this Bond Purchase Agreement substantially conform to the descriptions thereof contained in the Resolution; (6) Arbitrage. A non-arbitrage certificate of the District in a form satisfactory to Bond Counsel; (7) Ratings. Evidence satisfactory to the Underwriter that the Bonds shall have received the rating of “___” from Moody’s Investors Service, respectively, and that such rating has not been revoked or downgraded; September 25, 2018 BOS Minutes 504 Exhibit B Page 10 (8) Resolution. A certificate, together with fully executed copies of the Resolution, of the Clerk of the Board of Trustees of the District to the effect that: (i) such copies are true and correct copies of the Resolution; and (ii) that the Resolution was duly adopted and has not been modified, amended, rescinded or revoked and is in full force and effect on the date of the Closing; (9) Official Statement. Certificates of the appropriate officials of the District evidencing their determinations respecting the Official Statement in accordance with the Rule and not more than 25 copies of the Official Statement; (10) Continuing Disclosure Certificate. The Continuing Disclosure Certificate as summarized in the Official Statement and in the form attached thereto as Appendix B, satisfactory to the Underwriter which complies with the Rule; (11) Underwriter’s Certifications. At or before Closing, and contemporaneously with the acceptance of delivery of the Series C Bonds and the payment of the purchase price thereof, the Underwriter will provide (or cause to be provided) to the District: (i) the receipt of the Underwriter, in form satisfactory to the District and signed by an authorized officer of the Underwriter, confirming delivery of the Series C Bonds to the Underwriter, receipt of all documents required by the Underwriter, and the satisfaction of all conditions and terms of this Purchase Agreement by the District and confirming to the District that as of the date of the Closing all of the representations of the Underwriter contained in this Purchase Agreement are true, complete and correct in all material respects; and (ii) the certification of the Underwriter, in form satisfactory to Bond Counsel, regarding the prices at which the Series C Bonds have been reoffered to the public, as described in Section 1; and (12) Underwriter’s Counsel Opinion. The opinion of Kronick Moskovitz Tiedemann & Girard, a Professional Corporation, as Underwriter’s counsel, addressed to the Underwriter, in form and substance acceptable to the Underwriter; and (13) Tax Rate Projection and Debt Capacity Certificates; and (14) Other Documents. Such additional legal opinions, certificates, proceedings, instruments and other documents as the Underwriter may reasonably request to evidence compliance (i) by the District with legal requirements, (ii) the truth and accuracy, as of the time of Closing, of the representations of the District herein contained, and (iii) the due performance or satisfaction by the District at or prior to such time of all agreements then to be performed and all conditions then to be satisfied by the District. (f) Termination. Notwithstanding anything to the contrary herein contained, if for any reason whatsoever the Series C Bonds shall not have been delivered by the District to the Underwriter prior to the close of business, California Time, on October 16, 2018, then the obligation to purchase the Series C Bonds hereunder shall terminate and be of no further force or effect except with respect to the obligations of the District and the Underwriter under Section 11 hereof. If the District shall be unable to satisfy the conditions to the Underwriter’s obligations contained in this Bond Purchase Agreement or if the Underwriter’s obligations shall be terminated for any reason permitted by this Bond Purchase Agreement, this Bond Purchase Agreement may be canceled by the Underwriter at, or at any time prior to, the time of Closing. Notice of such cancellation shall be given to the District in writing, or by telephone or telegraph, confirmed in writing. Notwithstanding any provision herein to the contrary, the performance of any and all obligations of the District hereunder and September 25, 2018 BOS Minutes 505 Exhibit B Page 11 the performance of any and all conditions contained herein for the benefit of the Underwriter may be waived by the Underwriter in writing at its sole discretion. 11. Conditions to Obligations of the District. The performance by the District of its obligations is conditioned upon (i) the performance by the Underwriter of its obligations hereunder; and (ii) receipt by the District and the Underwriter of opinions and certificates being delivered at the Closing by persons and entities other than the District. 12.Costs and Expenses. Whether or not the transactions contemplated by this Bond Purchase Agreement are consummated, the Underwriter shall be under no obligation to pay, and the District shall pay from the proceeds of the Series C Bonds or otherwise, all expenses and costs of the District incident to the performance of their obligations in connection with the authorization, execution, sale and delivery of the Series C Bonds to the Underwriter. Costs of issuing the Series C Bonds, including but not limited to printing costs, rating agency fees and charges, initial fees of the Paying Agent, including fees and disbursements of its counsel, if any, fees and disbursements of Bond Counsel, Disclosure Counsel and other professional advisors employed by the District, reimbursable costs of the Underwriter (including CUSIP fees, DTC fees and travel expenses), and costs of preparation, printing, signing, transportation, delivery and safekeeping of the Series C Bonds, shall be paid from costs of issuance account established in connection with the issuance of the Series C Bonds. Any costs of issuance in excess of the amount on deposit in such account will be the responsibility of the District and not the Underwriter. The Underwriter shall pay all out-of-pocket expenses of the Underwriter, including, without limitation, advertising expenses, the California Debt and Investment Advisory Commission fee, regulatory fees imposed on new securities issuers, fees and disbursements of counsel to the Underwriter and any and all other expenses incurred by the Underwriter in connection with the public offering and distribution of the Series C Bonds. 13.Notices. Any notice or other communication to be given under this Bond Purchase Agreement (other than the acceptance hereof as specified in the first paragraph hereof) may be given by delivering the same in writing if to the District, to the Director of Facilities Management & Information Technology, or if to the Underwriter, to Raymond James & Associates, Inc., 209 Avenida Del Mar, Suite 207, San Clemente, CA 92672, Attention: Mr. Randy Merritt, Managing Director. 14. Parties in Interest; Survival of Representations and Warranties. This Bond Purchase Agreement when accepted by the District in writing as heretofore specified shall constitute the entire agreement between the District and the Underwriter. This Bond Purchase Agreement is made solely for the benefit of the District and the Underwriter (including the successors or assigns of the Underwriter). No person shall acquire or have any rights hereunder or by virtue hereof. All representations, warranties and agreements of the District in this Bond Purchase Agreement shall survive regardless of (a) any investigation or any statement in respect thereof made by or on behalf of the Underwriter, (b) delivery of and payment by the Underwriter for the Series C Bonds hereunder, and (c) any termination of this Bond Purchase Agreement. 15.Execution in Counterparts. This Bond Purchase Agreement may be executed in several counterparts each of which shall be regarded as an original and all of which shall constitute but one and the same document. September 25, 2018 BOS Minutes 506 Exhibit B Page 12 16. Applicable Law. This Bond Purchase Agreement shall be interpreted, governed and enforced in accordance with the law of the State applicable to contracts made and performed in such State. Very truly yours, RAYMOND JAMES & ASSOCIATES, INC., as Underwriter By Randy Merritt Managing Director The foregoing is hereby agreed to and accepted as of the date first above written: PITTSBURG UNIFIED SCHOOL DISTRICT By James Larry Scott Director of Facilities Management & Information Technology September 25, 2018 BOS Minutes 507 Exhibit B Page 13 APPENDIX A MATURITY SCHEDULE AND REDEMPTION PROVISIONS $20,000,000 PITTSBURG UNIFIED SCHOOL DISTRICT (Contra Costa County, California) General Obligation Bonds, Election of 2014, Series C (2018) Principal Interest Maturity Amount Rate Yield Price Redemption Provisions Optional Redemption. Series C Bonds maturing on and prior to August 1, ____, are non-callable. The Series C Bonds maturing on and after August 1, ____ or on any date thereafter, are callable for redemption prior to their stated maturity date at the option of the District, as a whole, or in part on any date on or after August 1, ____ (in such maturities as are designated by the District, or, if the District fails to designate such maturities, on a proportional basis), and may be redeemed prior to the maturity thereof by payment of all principal, plus accrued interest to date of redemption, without premium. Mandatory Sinking Fund Redemption. The Series C Bonds maturing on August 1, ____ (the “____ Term Bonds”) are also subject to mandatory sinking fund redemption on August 1, in the years and in the amounts, as set forth in the following table, at a redemption price equal to one hundred percent (100%) of the principal amount thereof to be redeemed (without premium), together with interest accrued thereon to the date fixed for redemption; provided, however, that if some but not all of the ____ Term Bonds have been redeemed pursuant to the preceding paragraph, the aggregate principal amount of ____ Term Bonds to be redeemed under this paragraph shall be reduced on a pro rata basis in integral multiples of $5,000, as shall be designated pursuant to written notice filed by the District with the Paying Agent: Sinking Fund Principal Redemption Date Amount to be (August 1) August †Maturity The Series C Bonds maturing on August 1, ____ (the “____ Term Bonds”) are also subject to mandatory sinking fund redemption on August 1, in the years and in the amounts, as set forth in the following table, at a redemption price equal to one hundred percent (100%) of the principal amount September 25, 2018 BOS Minutes 508 Exhibit B Page 14 thereof to be redeemed (without premium), together with interest accrued thereon to the date fixed for redemption; provided, however, that if some but not all of the ____ Term Bonds have been redeemed pursuant to the preceding paragraph, the aggregate principal amount of ____ Term Bonds to be redeemed under this paragraph shall be reduced on a pro rata basis in integral multiples of $5,000, as shall be designated pursuant to written notice filed by the District with the Paying Agent: Sinking Fund Principal Redemption Date Amount to be (August 1) August †Maturity September 25, 2018 BOS Minutes 509 Exhibit B Page 15 APPENDIX B FORM OF ISSUE PRICE CERTIFICATE $20,000,000 PITTSBURG UNIFIED SCHOOL DISTRICT (Contra Costa County, California) General Obligation Bonds, Election of 2014, Series C (2018) The undersigned, on behalf of Raymond James & Associates, Inc. (“Raymond James”), based on the information available to it, hereby certifies as set forth below with respect to the sale and issuance of the above-captioned obligations (the “Bonds”). 1. Sale of the General Rule Maturities. As of the date of this certificate, for each Maturity of the General Rule Maturities, the first price at which at least 10% of such Maturity was sold to the Public is the respective price listed in Schedule 1. 2. Initial Offering Price of the Bonds Hold-the-Offering Price Maturities. (a) Raymond James offered the Hold-the-Offering Price Maturities to the Public for purchase at the respective initial offering prices listed in Schedule 1 (the “Initial Offering Prices”) on or before the Sale Date. A copy of the pricing wire or equivalent communication for the Bonds is attached to this certificate as Schedule 2. (b) As set forth in the Bond Purchase Agreement, Raymond James has agreed in writing that, (i) for each Maturity of the Hold-the-Offering Price Maturities, it would neither offer nor sell any of the Bonds of such Maturity to any person at a price that is higher than the Initial Offering Price for such Maturity during the Holding Period for such Maturity (the “hold-the-offering-price rule”), and (ii) any selling group agreement shall contain the agreement of each dealer who is a member of the selling group, and any retail distribution agreement shall contain the agreement of each broker-dealer who is a party to the retail distribution agreement, to comply with the hold-the-offering-price rule. Pursuant to such agreement, no Underwriter (as defined below) has offered or sold any Maturity of the Hold-the-Offering Price Maturities at a price that is higher than the respective Initial Offering Price for that Maturity of the Bonds during the Holding Period. 3. Defined Terms. (a) “General Rule Maturities” means, the Maturities of the Bonds listed in Schedule 1 as “General Rule Maturities.” (b) “Hold-the-Offering Price Maturities” means, the Maturities of the Bonds listed in Schedule 1 as “Hold-the-Offering Price Maturities.” (c) “Holding Period” means, for each Maturity of the Bonds, the period starting on the Sale Date and ending on the earlier of (i) the close of the fifth business day after the Sale Date, or (ii) the date on which Raymond James has sold at least 10% of such Maturity of the Bonds to the Public at prices that are no higher than the Initial Offering Price for such Maturity. (d) “Issuer” means the Pittsburg Unified School District. (e) “Maturity” means Bonds with the same credit and payment terms. Bonds with different maturity dates, or Bonds with the same maturity date but different stated interest rates, are treated as separate Maturities. (f) “Public” means any person (including an individual, trust, estate, partnership, association, company, or corporation) other than an Underwriter or a related party to an Underwriter. September 25, 2018 BOS Minutes 510 Exhibit B Page 16 The term “related party” for purposes of this certificate generally means any two or more persons who have greater than 50 percent common ownership, directly or indirectly. (g) “Sale Date” means the first day on which there is a binding contract in writing for the sale of a Maturity of the Bonds. The Sale Date of the Bonds is September 27, 2018. (h) “Underwriter” means (i) any person that agrees pursuant to a written contract with the Issuer (or with the lead underwriter to form an underwriting syndicate) to participate in the initial sale of the Bonds to the Public, and (ii) any person that agrees pursuant to a written contract directly or indirectly with a person described in clause (i) of this paragraph to participate in the initial sale of the Bonds to the Public (including a member of a selling group or a party to a retail distribution agreement participating in the initial sale of the Bonds to the Public). The representations set forth in this certificate are limited to factual matters only. Nothing in this certificate represents Raymond James’ interpretation of any laws, including specifically Sections 103 and 148 of the Internal Revenue Code of 1986, as amended, and the Treasury Regulations thereunder. Accordingly, Raymond James makes no representation as to the legal sufficiency of the factual matters set forth herein. The undersigned understands that the foregoing information will be relied upon by the Issuer with respect to certain of the representations set forth in the arbitrage certificate and with respect to compliance with the federal income tax rules affecting the Bonds, and by Quint & Thimmig LLP in connection with rendering its opinion that the interest on the Bonds is excluded from gross income for federal income tax purposes, the preparation of the Internal Revenue Service Form 8038-G, and other federal income tax advice that it may give to the Issuer from time to time relating to the Bonds. Except as expressly set forth above, the certifications set forth herein may not be relied upon or used by any third party for any other purpose. RAYMOND JAMES & ASSOCIATES, INC., as Underwriter By Managing Director Dated: October 11, 2018 September 25, 2018 BOS Minutes 511 Exhibit B Page 17 SCHEDULE 1 SALE PRICES OF THE GENERAL RULE MATURITES AND INITIAL OFFERING PRICES OF THE HOLD-THE-OFFERING-PRICE MATURITIES September 25, 2018 BOS Minutes 512 Exhibit B Page 18 SCHEDULE 2 PRICING WIRE OR EQUIVALENT COMMUNICATION September 25, 2018 BOS Minutes 513 Exhibit C Page 1 EXHIBIT C FORM OF PAYING AGENT AGREEMENT $20,000,000 PITTSBURG UNIFIED SCHOOL DISTRICT (Contra Costa County, California) General Obligation Bonds, Election of 2014, Series C (2018) PAYING AGENT/BOND REGISTRAR/COSTS OF ISSUANCE AGREEMENT THIS PAYING AGENT/BOND REGISTRAR/COSTS OF ISSUANCE AGREEMENT (this “Agreement”), is entered into as of October 1, 2018, by and between the PITTSBURG UNIFIED SCHOOL DISTRICT (the “District”) and THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A. (the “Paying Agent”), relating to the $20,000,000 Pittsburg Unified School District (Contra Costa County, California) General Obligation Bonds, Election of 2014, Series C (2018) (the “Bonds”). The District hereby appoints the Paying Agent to act in such capacity as Paying Agent, Transfer Agent and Bond Registrar for the Bonds and Custodian and Disbursing Agent for the payment of costs of issuance relating to the Bonds (all such capacities referred to herein as “Paying Agent”). RECITALS WHEREAS, the District has duly authorized and provided for the issuance of the Bonds as fully registered bonds without coupons; WHEREAS, the District will ensure all things necessary to make the Bonds the valid obligations of the District, in accordance with their terms, will be done upon the issuance and delivery thereof; WHEREAS, the District and the Paying Agent wish to provide the terms under which the Paying Agent will act to pay the principal of and interest on the Bonds, in accordance with the terms thereof, and under which the Paying Agent will act as Bond Registrar for the Bonds; WHEREAS, the District and the Paying Agent also wish to provide the terms under which the Paying Agent will act as Custodian and Disbursing Agent for the payment of costs of issuance relating to the Bonds; WHEREAS, the Paying Agent has agreed to serve in such capacities for and on behalf of the District and has full power and authority to perform and serve as Paying Agent, Transfer Agent and Bond Registrar for the Bonds and as Custodian and Disbursing Agent for the payment of costs of issuance relating to the Bonds; and WHEREAS, the District has duly authorized the execution and delivery of this Agreement; and all things necessary to make this Agreement a valid agreement have been done. NOW, THEREFORE, it is mutually agreed as follows: September 25, 2018 BOS Minutes 514 Exhibit C Page 2 ARTICLE ONE DEFINITIONS Section 1.01. Definitions. For all purposes of this Agreement except as otherwise expressly provided or unless the context otherwise requires: “Bond Register” means the book or books of registration kept by the Paying Agent in which are maintained the names and addresses and principal amounts registered to each Registered Owner. “Bond Registrar” means the Paying Agent when it is performing the function of registrar for the Bonds. “Bond Resolution” means the resolution of the D istrict pursuant to which the Bonds were issued. “Bond” or “Bonds” means any one or all of the $20,000,000 Pittsburg Unified School District (Contra Costa County, California) General Obligation Bonds, Election of 2014, Series C (2018). “Custodian and Disbursing Agent” means the Paying Agent when it is performing the function of custodian and disbursing agent for the payment of costs of issuance relating to the Bonds. ”Treasurer” means the Contra Costa County Treasurer-Tax Collector. “District” means Pittsburg Unified School District. “District Request” means a written request signed in the name of the District and delivered to the Paying Agent. “Fiscal Year” means the fiscal year of the District ending on June 30 of each year. “Paying Agent” means The Bank of New York Mellon Trust Company, N.A., a national banking association organized and existing under the laws of the United States of America. “Person” means any individual, corporation, partnership, joint venture, association, joint stock company, trust, unincorporated organization or government or any agency or political subdivision of a government or any entity whatsoever. “Registered Owner” means a Person in whose name a Bond is registered in the Bond Register. “Stated Maturity” when us ed with respect to any Bond means the date specified in the Bond Resolution as the date on which the principal of such Bond is due and payable. “Transfer Agent” means the Paying Agent when it is performing the function of transfer agent for the Bonds. “Underwriter” means Raymond James & Associates, Inc. September 25, 2018 BOS Minutes 515 Exhibit C Page 3 ARTICLE TWO APPOINTMENT OF BANK AS PAYING AGENT, TRANSFER AGENT, BOND REGISTRAR AND CUSTODIAN AND DISBURSING AGENT Section 2.01. Appointment and Acceptance. The District hereby appoints the Paying Agent to act as Paying Agent and Transfer Agent with respect to the Bonds, to pay to the Registered Owners in accordance with the terms and provisions of this Agreement and the Bond Resolution, the principal of, redemption premium (if any) and interest on all or any of the Bonds. The District hereby appoints the Paying Agent as Bond Registrar with respect to the Bonds. As Bond Registrar, the Paying Agent shall keep and maintain for and on behalf of the District, books and records as to the ownership of the Bonds and with respect to the transfer and exchange thereof as provided herein and in the Bond Resolution. The District hereby appoints the Paying Agent as Custodian and Disbursing Agent. The Paying Agent hereby accepts its appointment, and agrees to act as Paying Agent, Transfer Agent, Bond Registrar and Custodian and Disbursing Agent. Section 2.02. Compensation. As compensation for the Paying Agent’s services as Paying Agent and Bond Registrar, the District hereby agrees to pay the Paying Agent the fees and amounts set forth in a separate agreement between the District and the Paying Agent. In addition, the District agrees to reimburse the Paying Agent, upon its request, for all reasonable and necessary out-of-pocket expenses, disbursements, and advances, including without limitation the reasonable fees, expenses, and disbursements of its agents and attorneys, made or incurred by the Paying Agent in connection with entering into and performing under this Agreement and in connection with investigating and defending itself against any claim or liability in connection with its performance hereunder. ARTICLE THREE PAYING AGENT Section 3.01. Duties of Paying Agent. As Paying Agent, the Paying Agent, provided sufficient collected funds have been provided to it for such purpose by or on behalf of the District, shall pay on behalf of the District the principal of, and interest on each Bond in accordance with the debt service schedule attached hereto as Exhibit A. Section 3.02. Payment Dates. The District hereby instructs the Paying Agent to pay the principal of and interest on the Bonds on the dates specified in the Bond Resolution. ARTICLE FOUR BOND REGISTRAR Section 4.01. Initial Delivery of Bonds. The Bonds will be initially registered and delivered to the purchaser designated by the District as one Bond for each maturity. If such purchaser delivers a written request to the Paying Agent not later than five business days prior to the date of initial delivery, the Paying Agent will, on the date of initial delivery, deliver Bonds of authorized denominations, registered in accordance with the instructions in such written request. Section 4.02. Duties of Bond Registrar. The Paying Agent in its capacity as Bond Registrar shall provide for the proper registration of transfer, exchange and replacement of the Bonds. Every Bond surrendered for transfer or exchange shall be duly endorsed or be accompanied by a written instrument September 25, 2018 BOS Minutes 516 Exhibit C Page 4 of transfer, the signature on which has been guaranteed by an eligible guarantor institution, in form acceptable to the Paying Agent, duly executed by the Registered Owner thereof or his attorney duly authorized in writing. The Bond Registrar may request any supporting documentation it deems necessary or appropriate to effect a re-registration. Section 4.03. Unauthenticated Bonds. The District shall provide to the Paying Agent on a continuing basis, an adequate inventory of unauthenticated Bonds to facilitate transfers. The Paying Agent agrees that it will maintain such unauthenticated Bonds in safekeeping. Section 4.04. Form of Bond Register. The Paying Agent as Bond Registrar will maintain its records as Bond Registrar in accordance with the Paying Agent’s general practices and procedures in effect from time to time. Section 4.05. Reports. The District may request the information in the Bond Register at any time the Paying Agent is customarily open for business, provided that reasonable time is allowed the Paying Agent to provide an up-to-date listing and to convert the information into written form. The Paying Agent will not release or disclose the content of the Bond Register to any person other than to the District at its written request, except upon receipt of a subpoena or court order or as may otherwise be required by law. Upon receipt of a subpoena or court order the Paying Agent will notify the District to the extent it is allowed by law to do so. Section 4.06. Cancelled Bonds. All Bonds surrendered for payment, transfer, exchange, or replacement, if surrendered to the Paying Agent, shall be promptly cancelled by it and, if surrendered to the District, shall be delivered to the Paying Agent, shall be promptly cancelled by the Paying Agent. The District may at any time deliver to the Paying Agent for cancellation any Bonds previously authenticated and delivered which the District may have acquired in any manner whatsoever, and all Bonds so delivered shall be promptly cancelled by the Paying Agent. All cancelled Bonds held by the Paying Agent for its retention period then in effect and shall thereafter be destroyed and evidence of such destruction furnished to the District. ARTICLE FIVE CUSTODIAN AND DISBURSING AGENT Section 5.01. Receipt of Moneys. The Paying Agent, as custodian, has received, from the Underwriter, the sum of $________. Such amount has been deposited in a special fund to be held and maintained by the Custodian and Disbursing Agent in the name of the District (the “Costs of Issuance Fund”). Section 5.02. No Investment. The Custodian and Disbursing Agent shall hold monies in cash uninvested. Section 5.03. Payment of Costs of Issuance. The Custodian and Disbursing Agent will pay costs of issuance of the Bonds as directed by the District from time to time via a written requisition of the District stating the person to whom payment is to be made, the amount to be paid, that such payment is proper charge against said fund and that payment for such charge has not previously been made and that such payments shall be made by check or wire transfer in accordance with the payment instructions set forth in such requisition and the Custodian and Disbursing Agent shall rely on such payment instructions with no duty to investigate or inquire as to the authenticity of the payment instructions or the authority under which they were given. Section 5.04. Transfer of Remaining Amounts. Any balances remaining in the Costs of Issuance Account (including any earnings) on January 16, 2019, or upon the earlier written order of the District, will be transferred to the Treasurer for deposit in the Interest and Sinking Fund maintained for the District and the Costs of Issuance Account shall be closed. September 25, 2018 BOS Minutes 517 Exhibit C Page 5 Section 5.05. Limited Liability. The liability of the Custodian and Disbursing Agent as custodian and disbursing agent is limited to the duties listed above. The Custodian and Disbursing Agent in such capacity will not be liable for any action taken or neglected to be taken by it in good faith in any exercise of reasonable care and believed by it to be within the discretion of power conferred upon it by this Agreement. ARTICLE SIX THE PAYING AGENT Section 6.01. Duties of the Paying Agent. The Paying Agent undertakes to perform the duties set forth herein. No implied duties or obligations shall be read into this Agreement against the Paying Agent. The Paying Agent hereby agrees to use the funds deposited with it for payment of the principal of and interest on the Bonds to pay the same as it shall become due and further agrees to establish and maintain such accounts and funds as may be required for the Paying Agent to function as Paying Agent and in its capacity as custodian and disbursing agent to use the funds deposited with it for payment of costs of issuance as set forth in Article V hereof. Section 6.02. Reliance on Documents, Etc. (a) The Paying Agent may conclusively rely, as to the truth of the statements and correctness of the opinions expressed therein, on certificates or opinions expressed therein, on certificates or opinions furnished to the Paying Agent by the District. (b) The Paying Agent shall not be liable for any error of judgment made in good faith. The Paying Agent shall not be liable for other than its negligence or willful misconduct in connection with any act or omission hereunder. (c) No provision of this Agreement shall require the Paying Agent to expend or risk its own funds or otherwise incur any financial liability for performance of any of its duties hereunder, or in the exercise of any of its rights or powers. (d) The Paying Agent may rely, or be protected in acting or refraining from acting, upon any resolution, certificate, statement, instrument, opinion, report, notice, request, direction, consent, order, bond, note, security or other paper or document believed by it to be genuine and to have been signed or presented by the proper party or parties. The Paying Agent need not examine the ownership of any Bond, but shall be protected in acting upon receipt of Bonds containing an endorsement or instruction of transfer or power of transfer which appears on its face to be signed by the Registered Owner or agent of the Registered Owner. (e) The Paying Agent may consult with counsel, and the written advice or opinion of counsel shall be full authorization and protection with respect to any action taken, suffered or omitted by it hereunder in good faith and reliance thereon. (f) The Paying Agent may exercise any of the powers hereunder and perform any duties hereunder either directly or by or through agents or attorneys and shall not be liable for the actions of such agent or attorney if appointed by it with reasonable care. (g) The Paying Agent shall not be responsible or liable for any failure or delay in the performance of its obligation under this Agreement arising out of or caused, directly or indirectly, by circumstances beyond its reasonable control, including, without limitation, acts of God; earthquakes; fire; flood; wars; terrorism; military disturbances; sabotage; epidemic; riots; interruptions; loss or malfunctions of utilities; computer (hardware or software) or communications services; accidents; labor disputes; acts of civil or military authority or governmental action; it being understood that Paying Agent shall use commercially reasonable efforts which are consistent with accepted practices in the banking industry to resume performance as soon as reasonably practicable under the circumstances. September 25, 2018 BOS Minutes 518 Exhibit C Page 6 (h) The Paying Agent agrees to accept and act upon instructions or directions pursuant to this Agreement sent by unsecured e-mail, facsimile transmission or other similar unsecured electronic methods, provided, however, that the District shall provide to the Paying Agent an incumbency certificate listing designated persons authorized to provide such instructions, which incumbency certificate shall be amended whenever a person is to be added or deleted from the listing. If the District elects to give the Paying Agent e-mail or facsimile instructions (or instructions by a similar electronic method) and the Paying Agent in its discretion elects to act upon such instructions, the Paying Agent’s understanding of such instructions shall be deemed controlling. The Paying Agent shall not be liable for any losses, costs or expenses arising directly or indirectly from the Paying Agent’s reliance upon and compliance with such instructions notwithstanding such instructions conflict or are inconsistent with a subsequent written instruction. The District agrees to assume all risks arising out of the use of such electronic methods to submit instructions and directions to the Paying Agent, including without limitation the risk of the Paying Agent acting on unauthorized instructions, and the risk or interception and misuse by third parties. Section 6.03. Recitals of District. The recitals contained in the Bond Resolution and the Bonds shall be taken as the statements of the District, and the Paying Agent assumes no responsibility for their correctness. Section 6.04. May Own Bonds. The Paying Agent, in its individual or any other capacity, may become the owner or pledgee of Bonds with the same rights it would have if it were not the Paying Agent and Bond Registrar for the Bonds. Section 6.05. Money Held by the Paying Agent. Money held by the Paying Agent hereunder need not be segregated from other funds. The Paying Agent shall have no duties with respect to investment of funds deposited with it, except as expressly set forth herein, and shall be under no obligation to pay interest on any money received by it hereunder. Any money deposited with or otherwise held by the Paying Agent for the payment of the principal of or interest on any Bond and remaining unclaimed for two years after such deposit will be paid by the Paying Agent to the District, and the District and the Paying Agent agree that the Registered Owner of such Bond shall thereafter look only to the District for payment thereof, and that all liability of the Paying Agent with respect to such moneys shall thereupon cease. The Paying Agent shall furnish the District periodic cash transaction statements which include detail for all investment transactions effected by the Paying Agent or brokers selected by the District. Upon the District’s election, such statements will be delivered via the Paying Agent’s online service and upon electing such service, paper statements will be provided only upon request. The District waives the right to receive brokerage confirmations of security transactions effected by the Paying Agent as they occur, to the extent permitted by law. The District further understands that trade confirmations for securities transactions effected by the Paying Agent will be available upon request and at no additional cost and other trade confirmations may be obtained from the applicable broker. Section 6.06. Other Transactions. The Paying Agent may engage in or be interested in any financial or other transaction with the District. Section 6.07. Interpleader. The District and the Paying Agent agree that the Paying Agent may seek adjudication of any adverse claim, demand, or controversy over its person as well as funds on deposit, in a court of competent jurisdiction. The District and the Paying Agent further agree that the Paying Agent has the right to file an action in interpleader in any court of competent jurisdiction to determine the rights of any person claiming any interest herein. Section 6.08. Indemnification. To the extent permitted by law, the District shall indemnify the Paying Agent, its officers, directors, employees and agents (“Indemnified Parties”) for, and hold them harmless against any loss, cost, claim, liability or expense arising out of or in connection with the Paying Agent’s acceptance or administration of the Paying Agent’s duties hereunder in its capacities as Paying Agent, Registrar, Transfer Agent or Custodian or under the Bond Resolution (except any loss, liability or expense as may be adjudged by a court of competent jurisdiction to be attributable to the Paying Agent’s September 25, 2018 BOS Minutes 519 Exhibit C Page 7 negligence or willful misconduct), including the cost and expense (including its counsel fees) of defending itself against any claim or liability in connection with the exercise or performance of any of its powers or duties under this Agreement. Such indemnity shall survive the termination or discharge of this Agreement or discharge of the Bonds. ARTICLE SEVEN MISCELLANEOUS PROVISIONS Section 7.01. Amendment. This Agreement may be amended only by an agreement in writing signed by both of the parties hereto. Section 7.02. Assignment. This Agreement may not be assigned by either party without the prior written consent of the other party. Section 7.03. Notices. Any request, demand, authorization, direction, notice, consent, waiver or other document provided or permitted hereby to be given or furnished to the District or the Paying Agent shall be mailed or delivered to the District or the Paying Agent, respectively, at the following addresses, or such other address as may have been given by one party to the other by fifteen (15) days written notice. If to the District: Pittsburg Unified School District 2000 Railroad Avenue Pittsburg, CA 94565 Phone: (925) 473-2302 Fax: (925) 439-1650 If to the Paying Agent: The Bank of New York Mellon Trust Company, N.A. Attn: Corporate Trust Department 2001 Bryan Street, 11th Floor Dallas, TX 75201 Phone: (214) 468-6406 Fax: (214) 468-6322 Section 7.04. Effect of Headings. The Article and Section headings herein are for convenience of reference only and shall not affect the construction hereof. Section 7.05. Successors and Assigns. All covenants and agreements herein by the District and the Paying Agent shall bind their successors and assigns, whether so expressed or not. Section 7.06. Severability. If any provision of this Agreement shall be determined to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions hereof shall not in any way be affected or impaired thereby. Section 7.07. Benefits of Agreement. Nothing herein, express or implied, shall give to any Person, other than the parties hereto and their successors hereunder, any benefit or any legal or equitable right, remedy or claim hereunder. Section 7.08. Entire Agreement. This Agreement and the Bond Resolution constitute the entire agreement between the parties hereto relative to the Paying Agent acting in the capacities as Paying Agent, Transfer Agent and Bond Registrar for the Bonds and as Custodian and Disbursing Agent for the payment of costs of issuance relating to the Bonds. Section 7.09. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and all of which shall constitute one and the same Agreement. Section 7.10. Term and Termination. This Agreement shall be effective from and after its date and until the Paying Agent resigns or is removed in accordance with the Bond Resolution; provided, September 25, 2018 BOS Minutes 520 Exhibit C Page 8 however, that no such termination shall be effective until a successor has been appointed and has accepted the duties of the Paying Agent hereunder. The District may remove the Paying Agent initially appointed, and any successor thereto, and may appoint a successor or successors thereto, but any such successor shall be a bank or trust company doing business in the State of California, having a combined capital (exclusive of borrowed capital) and surplus of at least fifty million dollars ($50,000,000), and subject to supervision or examination by federal or state authority. If such bank or trust company publishes a report of condition at least annually, pursuant to law or to the requirements of any supervising or examining authority above referred to, then for the purposes of this Section 7.10 the combined capital and surplus of such bank or trust company shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. The Paying Agent may at any time resign by giving written notice to the District and the Bondowners of such resignation. Upon receiving notice of such resignation, the District shall promptly appoint a successor Paying Agent by an instrument in writing. Any resignation or removal of the Paying Agent and appointment of a successor Paying Agent shall become effective upon acceptance of appointment by the successor Paying Agent. Section 7.11. Governing Law. This Agreement shall be construed in accordance with and shall be governed by the laws of the State of California. Section 7.12. Documents to be Filed with Paying Agent. The District shall file with the Paying Agent the following documents: (a) a certified copy of the Bond Resolution and a specimen Bond; (b) a copy of the opinion of bond counsel provided to the District in connection with the issuance of the Bonds; and (c) a District Request containing written instructions to the Paying Agent with respect to the issuance and delivery of the Bonds, including the name of the Registered Owners and the denominations of the Bonds. [Remainder of page intentionally left blank] September 25, 2018 BOS Minutes 521 Exhibit C Page 9 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. PITTSBURG UNIFIED SCHOOL DISTRICT By James Larry Scott Director of Facilities Management & Information Technology THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A., as Paying Agent By Name Title September 25, 2018 BOS Minutes 522 Exhibit C Page 10 EXHIBIT A DEBT SERVICE SCHEDULE Interest Payment Date Principal Interest Total September 25, 2018 BOS Minutes 523 Exhibit D Page 1 EXHIBIT D FORM OF CONTINUING DISCLOSURE CERTIFICATE CONTINUING DISCLOSURE CERTIFICATE This Continuing Disclosure Certificate (the “Disclosure Certificate”) is executed and delivered by the PITTSBURG UNIFIED SCHOOL DISTRICT (the “District”) in connection with the issuance by the District of its $20,000,000 Pittsburg Unified School District (Contra Costa County, California) General Obligation Bonds, Election of 2014, Series C (2018) (the “Bonds”). The Bonds are being issued pursuant to a resolution adopted by the Board of Trustees of the District on September 12, 2018 (the “Bond Resolution”). The District covenants and agrees as follows: Section 1. Definitions. In addition to the definitions set forth in the Bond Resolution, which apply to any capitalized term used in this Disclosure Certificate, unless otherwise defined in this Section 1, the following capitalized terms shall have the following meanings when used in this Disclosure Certificate: “Annual Report” shall mean any Annual Report provided by the District pursuant to, and as described in, Sections 3 and 4 of this Disclosure Certificate. “Beneficial Owner” shall mean any person who (a) has the power, directly or indirectly, to vote or consent with respect to, or to dispose of ownership of, any Bonds (including persons holding Bonds through nominees, depositories or other intermediaries), or (b) is treated as the owner of any Bonds for federal income tax purposes. “Dissemination Agent” shall mean the PFM Financial Advisors LLC, or any successor Dissemination Agent designated in writing by the District and which has filed with the District a written acceptance of such designation. In the absence of such a designation, the District shall act as the Dissemination Agent. “EMMA” or “Electronic Municipal Market Access” means the centralized on-line repository for documents to be filed with the MSRB, such as official statements and disclosure information relating to municipal bonds, notes and other securities as issued by state and local governments. “Listed Events” shall mean any of the events listed in Section 5(a) or 5(b) of this Disclosure Certificate. “MSRB” means the Municipal Securities Rulemaking Board, which has been designated by the Securities and Exchange Commission as the sole repository of disclosure information for purposes of the Rule, or any other repository of disclosure information which may be designated by the Securities and Exchange Commission as such for purposes of the Rule in the future. “Participating Underwriter” shall mean the original underwriter of the Bonds, required to comply with the Rule in connection with offering of the Bonds. “Rule” shall mean Rule 15c2-12 adopted by the Securities and Exchange Commission under the Securities Exchange Act of 1934, as the same may be amended from time to time. Section 2. Purpose of the Disclosure Certificate. This Disclosure Certificate is being executed and delivered by the District for the benefit of the owners and Beneficial Owners of the Bonds and in order to assist the Participating Underwriter in complying with Securities and Exchange Commission Rule 15c2- 12(b)(5). September 25, 2018 BOS Minutes 524 Exhibit D Page 2 Section 3. Provision of Annual Reports. (a) Delivery of Annual Report. The District shall, or shall cause the Dissemination Agent to, not later than nine months after the end of the District’s fiscal year (which currently ends on June 30), commencing with the report for the 2017-18 Fiscal Year, which is due not later than March 31, 2019, file with EMMA, in a readable PDF or other electronic format as prescribed by the MSRB, an Annual Report that is consistent with the requirements of Section 4 of this Disclosure Certificate. The Annual Report may be submitted as a single document or as separate documents comprising a package and may cross- reference other information as provided in Section 4 of this Disclosure Certificate; provided that the audited financial statements of the District may be submitted separately from the balance of the Annual Report and later than the date required above for the filing of the Annual Report if they are not available by that date. (b) Change of Fiscal Year. If the District’s fiscal year changes, it shall give notice of such change in the same manner as for a Listed Event under Section 5(c), and subsequent Annual Report filings shall be made no later than nine months after the end of such new fiscal year end. (c) Delivery of Annual Report to Dissemination Agent. Not later than fifteen (15) Business Days prior to the date specified in subsection (a) (or, if applicable, subsection (b)) of this Section 3 for providing the Annual Report to EMMA, the District shall provide the Annual Report to the Dissemination Agent (if other than the District). If by such date, the Dissemination Agent has not received a copy of the Annual Report, the Dissemination Agent shall notify the District. (d) Report of Non-Compliance. If the District is the Dissemination Agent and is unable to file an Annual Report by the date required in subsection (a) (or, if applicable, subsection (b)) of this Section 3, the District shall send a notice to EMMA, in a timely manner, substantially in the form attached hereto as Exhibit A. If the District is not the Dissemination Agent and is unable to provide an Annual Report to the Dissemination Agent by the date required in subsection (c) of this Section 3, the Dissemination Agent shall send a notice to EMMA, in a timely manner, in substantially the form attached hereto as Exhibit A. (e) Annual Compliance Certification. The Dissemination Agent shall, if the Dissemination Agent is other than the District, file a report with the District certifying that the Annual Report has been filed with EMMA pursuant to Section 3 of this Disclosure Certificate, stating the date it was so provided and filed. Section 4. Content of Annual Reports. The Annual Report shall contain or incorporate by reference the following: (a) Financial Statements. Audited financial statements of the District for the preceding fiscal year, prepared in accordance generally accepted accounting principles. If the District’s audited financial statements are not available by the time the Annual Report is required to be filed pursuant to Section 3(a), the Annual Report shall contain unaudited financial statements in a format similar to the financial statements contained in the final Official Statement, and the audited financial statements shall be filed in the same manner as the Annual Report when they become available. (b) Other Annual Information. To the extent not included in the audited final statements of the District, the Annual Report shall also include financial and operating data with respect to the District for preceding fiscal year, substantially similar to that provided in the corresponding tables and charts in the official statement for the Bonds, as follows: (i) the District’s most recent approved annual budget; (ii) the most recent assessed value of taxable property in the District; and (iii) if Contra Costa County no longer includes the tax levy for payment of the Bonds pursuant to the Teeter Plan, the most recent property tax levies, collections and delinquencies of the District. September 25, 2018 BOS Minutes 525 Exhibit D Page 3 (c) Cross References. Any or all of the items listed above may be included by specific reference to other documents, including official statements of debt issues of the District or related public entities, which are available to the public on EMMA. The District shall clearly identify each such other document so included by reference. If the document included by reference is a final official statement, it must be available from EMMA. (d) Further Information. In addition to any of the information expressly required to be provided under paragraph (b) of this Section 4, the District shall provide such further information, if any, as may be necessary to make the specifically required statements, in the light of the circumstances under which they are made, not misleading. Section 5. Reporting of Listed Events. (a) Reportable Events. The District shall, or shall cause the Dissemination (if not the District) to, give notice of the occurrence of any of the following events with respect to the Bonds: (1) Principal and interest payment delinquencies. (2) Unscheduled draws on debt service reserves reflecting financial difficulties. (3) Unscheduled draws on credit enhancements reflecting financial difficulties. (4) Substitution of credit or liquidity providers, or their failure to perform. (5) Defeasances. (6) Rating changes. (7) Tender offers. (8) Bankruptcy, insolvency, receivership or similar event of the obligated person. (9) Adverse tax opinions, the issuance by the Internal Revenue Service of proposed or final determinations of taxability, Notices of Proposed Issue (IRS Form 5701- TEB) or other material notices or determinations with respect to the tax status of the security, or other material events affecting the tax status of the security. Note: For the purposes of the event identified in subparagraph (8), the event is considered to occur when any of the following occur: the appointment of a receiver, fiscal agent or similar officer for an obligated person in a proceeding under the U.S. Bankruptcy Code or in any other proceeding under state or federal law in which a court or governmental authority has assumed jurisdiction over substantially all of the assets or business of the obligated person, or if such jurisdiction has been assumed by leaving the existing governmental body and officials or officers in possession but subject to the supervision and orders of a court or governmental authority, or the entry of an order confirming a plan of reorganization, arrangement or liquidation by a court or governmental authority having supervision or jurisdiction over substantially all of the assets or business of the obligated person. (b) Material Reportable Events. The District shall give, or cause to be given, notice of the occurrence of any of the following events with respect to the Bonds, if material: (1) Non-payment related defaults. (2) Modifications to rights of security holders. (3) Bond calls. (4) The release, substitution, or sale of property securing repayment of the securities. (5) The consummation of a merger, consolidation, or acquisition involving an obligated person or the sale of all or substantially all of the assets of the obligated person, other than in the ordinary course of business, the entry into a definitive agreement to undertake such an action or the termination of a definitive agreement relating to any such actions, other than pursuant to its terms. (6) Appointment of a successor or additional trustee, or the change of name of a trustee. September 25, 2018 BOS Minutes 526 Exhibit D Page 4 (c) Time to Disclose. The District shall, or shall cause the Dissemination Agent (if not the District) to, file a notice of such occurrence with EMMA, in an electronic format as prescribed by the MSRB, in a timely manner not in excess of 10 business days after the occurrence of the Listed Event. Notwithstanding the foregoing, notice of Listed Events described in subsections (a)(5) and (b)(3) above need not be given under this subsection any earlier than the notice (if any) of the underlying event is given to owners of affected Bonds under the Bond Resolution. Section 6. Identifying Information for Filings with EMMA . All documents provided to EMMA under this Disclosure Certificate shall be accompanied by identifying information as prescribed by the MSRB. Section 7. Termination of Reporting Obligation. The District’s obligations under this Disclosure Certificate shall terminate upon the defeasance, prior redemption or payment in full of all of the Bonds. If such termination occurs prior to the final maturity of the Bonds, the District shall give notice of such termination in the same manner as for a Listed Event under Section 5(c). Section 8. Dissemination Agent. (a) Appointment of Dissemination Agent. The District may, from time to time, appoint or engage a Dissemination Agent to assist it in carrying out its obligations under this Disclosure Certificate and may discharge any such agent, with or without appointing a successor Dissemination Agent. If the Dissemination Agent is not the District, the Dissemination Agent shall not be responsible in any manner for the content of any notice or report prepared by the District pursuant to this Disclosure Certificate. It is understood and agreed that any information that the Dissemination Agent may be instructed to file with EMMA shall be prepared and provided to it by the District. The Dissemination Agent has undertaken no responsibility with respect to the content of any reports, notices or disclosures provided to it under this Disclosure Certificate and has no liability to any person, including any Bondholder, with respect to any such reports, notices or disclosures. The fact that the Dissemination Agent or any affiliate thereof may have any fiduciary or banking relationship with the District shall not be construed to mean that the Dissemination Agent has actual knowledge of any event or condition, except as may be provided by written notice from the District. (b) Compensation of Dissemination Agent. The Dissemination Agent shall be paid compensation by the District for its services provided hereunder in accordance with its schedule of fees as agreed to between the Dissemination Agent and the District from time to time and all expenses, legal fees and expenses and advances made or incurred by the Dissemination Agent in the performance of its duties hereunder. The Dissemination Agent shall not be deemed to be acting in any fiduciary capacity for the District, owners or Beneficial Owners, or any other party. The Dissemination Agent may rely, and shall be protected in acting or refraining from acting, upon any direction from the District or an opinion of nationally recognized bond counsel. The Dissemination Agent may at any time resign by giving written notice of such resignation to the District. The Dissemination Agent shall not be liable hereunder except for its negligence or willful misconduct. (c) Responsibilities of Dissemination Agent. In addition of the filing obligations of the Dissemination Agent set forth in Sections 3(e) and 5, the Dissemination Agent shall be obligated, and hereby agrees, to provide a request to the District to compile the information required for its Annual Report at least 30 days prior to the date such information is to be provided to the Dissemination Agent pursuant to subsection (c) of Section 3. The failure to provide or receive any such request shall not affect the obligations of the District under Section 3. Section 9. Amendment; Waiver. Notwithstanding any other provision of this Disclosure Certificate, the District may amend this Disclosure Certificate (and the Dissemination Agent shall agree to any amendment so requested by the District that does not impose any greater duties or risk of liability on the Dissemination Agent), and any provision of this Disclosure Certificate may be waived, provided that all of the following conditions are satisfied: (a) Change in Circumstances. If the amendment or waiver relates to the provisions of Sections 3(a), 4 or 5(a) or (b), it may only be made in connection with a change in circumstances that arises from a September 25, 2018 BOS Minutes 527 Exhibit D Page 5 change in legal requirements, change in law, or change in the identity, nature, or status of an obligated person with respect to the Bonds, or the type of business conducted. (b) Compliance as of Issue Date. The undertaking, as amended or taking into account such waiver, would, in the opinion of a nationally recognized bond counsel, have complied with the requirements of the Rule at the time of the original issuance of the Bonds, after taking into account any amendments or interpretations of the Rule, as well as any change in circumstances. (c) Consent of Holders; Non-impairment Opinion. The amendment or waiver either (i) is approved by the Bondholders in the same manner as provided in the Bond Resolution for amendments to the Bond Resolution with the consent of Bondholders, or (ii) does not, in the opinion of nationally recognized bond counsel, materially impair the interests of the Bondholders or Beneficial Owners. If this Disclosure Certificate is amended or any provision of this Disclosure Certificate is waived, the District shall describe such amendment or waiver in the next following Annual Report and shall include, as applicable, a narrative explanation of the reason for the amendment or waiver and its impact on the type (or in the case of a change of accounting principles, on the presentation) of financial information or operating data being presented by the District. In addition, if the amendment relates to the accounting principles to be followed in preparing financial statements, (i) notice of such change shall be given in the same manner as for a Listed Event under Section 5(c), and (ii) the Annual Report for the year in which the change is made should present a comparison (in narrative form and also, if feasible, in quantitative form) between the financial statements as prepared on the basis of the new accounting principles and those prepared on the basis of the former accounting principles. September 25, 2018 BOS Minutes 528 Exhibit D Page 6 Section 10. Additional Information. Nothing in this Disclosure Certificate shall be deemed to prevent the District from disseminating any other information, using the means of dissemination set forth in this Disclosure Certificate or any other means of communication, or including any other information in any Annual Report or notice of occurrence of a Listed Event, in addition to that which is required by this Disclosure Certificate. If the District chooses to include any information in any Annual Report or notice of occurrence of a Listed Event in addition to that which is specifically required by this Disclosure Certificate, the District shall have no obligation under this Disclosure Certificate to update such information or include it in any future Annual Report or notice of occurrence of a Listed Event. Section 11. Default. In the event of a failure of the District to comply with any provision of this Disclosure Certificate, any Bondholder or Beneficial Owner may take such actions as may be necessary and appropriate, including seeking mandate or specific performance by court order, to cause the District to comply with its obligations under this Disclosure Certificate. The sole remedy under this Disclosure Certificate in the event of any failure of the District to comply with this Disclosure Certificate shall be an action to compel performance. Section 12. Duties, Immunities and Liabilities of Dissemination Agent. The Dissemination Agent shall have only such duties as are specifically set forth in this Disclosure Certificate, and no implied covenants or obligations shall be read into this Disclosure Certificate against the Dissemination Agent, and the District agrees to indemnify and save the Dissemination Agent, its officers, directors, employees and agents, harmless against any loss, expense and liabilities which it may incur arising out of or in the exercise or performance of its powers and duties hereunder, including the costs and expenses (including attorneys’ fees and expenses) of defending against any claim of liability, but excluding liabilities due to the Dissemination Agent’s negligence or willful misconduct. The Dissemination Agent shall have the same rights, privileges and immunities hereunder as are afforded to the Paying Agent under the Bond Resolution. The obligations of the District under this Section 12 shall survive resignation or removal of the Dissemination Agent and payment of the Bonds. Section 13. Beneficiaries. This Disclosure Certificate shall inure solely to the benefit of the District, the Dissemination Agent, the Participating Underwriter and the owners and Beneficial Owners from time to time of the Bonds, and shall create no rights in any other person or entity. Date: October 11, 2018 PITTSBURG UNIFIED SCHOOL DISTRICT By James Larry Scott Director of Facilities Management & Information Technology ACKNOWLEDGED: PFM FINANCIAL ADVISORS LLC, as Dissemination Agent By Authorized Officer September 25, 2018 BOS Minutes 529 Exhibit D Page 7 EXHIBIT A NOTICE TO EMMA OF FAILURE TO FILE ANNUAL REPORT Name of Issuer: Pittsburg Unified School District Name of Issue: $20,000,000 Pittsburg Unified School District (Contra Costa County, California) General Obligation Bonds, Election of 2014, Series C (2018) Date of Issuance: October 16, 2018 NOTICE IS HEREBY GIVEN that the Issuer has not provided an Annual Report with respect to the above-named Issue as required by the Continuing Disclosure Certificate, dated October 16, 2018, furnished by the Issuer in connection with the Issue. The Issuer anticipates that the Annual Report will be filed by _____________. Dated: ______________________ PFM FINANCIAL ADVISORS LLC, as Dissemination Agent By Title cc: Paying Agent September 25, 2018 BOS Minutes 530 RECOMMENDATION(S): SUPPORT the Contra Costa County CalWORKs Home Visiting Initiative County proposal and AUTHORIZE the Chair, Board of Supervisors, to sign a Letter of Support for the CalWORKs Home Visiting Initiative County proposal. FISCAL IMPACT: There is no fiscal impact. BACKGROUND: The Employment and Human Services Department (EHSD) Workforce Services and Community Services Bureaus in conjunction with the Health Services Department and First 5 of Contra Costa, are partnering to apply for funding from the California Department of Social Services Home Visiting Initiative to target CalWORKs new parents for home visiting services. The primary program components will include Voluntary Evidence-Based Home Visitation, Nurse-Family Partnership (NFP) services, case management, and coordination with EHSD Workforce Services Bureau staff and Early Learning programs. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 09/25/2018 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Karen Mitchoff, District IV Supervisor ABSENT:Diane Burgis, District III 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: September 25, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C. 80 To:Board of Supervisors From:Kathy Gallagher, Employment & Human Services Director Date:September 25, 2018 Contra Costa County Subject:CalWORKs Home Visiting Initiative Letter of Support September 25, 2018 BOS Minutes 531 BACKGROUND: (CONT'D) The purpose of the Home Visiting Program is to support health, development, and well-being outcomes for pregnant and parenting women, families, and infants born into poverty; expanding their future educational, economic, and financial capability opportunities, and improving the likelihood that they will exit poverty. CONSEQUENCE OF NEGATIVE ACTION: Not applicable. AGENDA ATTACHMENTS Home Visiting Letter of Support MINUTES ATTACHMENTS Signed Letter to Director Bland September 25, 2018 BOS Minutes 532 Contra Costa County The Board of Supervisors County Administration Building 651 Pine Street, Room 106 Martinez, California 94553-1293 John Gioia, 1st District Candace Andersen, 2nd District Diane Burgis, 3rd District Karen Mitchoff, 4th District Federal D. Glover, 5th District David Twa Clerk of the Board and County Administrator (925) 335-1900 September 24, 2018 Mr. Todd R. Bland, Deputy Director Family Engagement and Empowerment Division State of California Health & Human Services Agency Department of Social Services 744 P Street Sacramento, CA 95814 Dear Mr. Bland: As the Chair of the Contra Costa County Board of Supervisors, I am writing to express the Board’s strong support for the Contra Costa County CalWORKs Home Visiting Initiative County proposal. The proposed Contra Costa County Home Visiting Initiative (CCCHVI) presents an opportunity to address unmet needs for home visiting services in Contra Costa County not only for the general target population, but more specifically for CalWORKs participants. The expansion of already existing evidence-based, high-quality, and culturally responsive home visiting services will support the positive health, development, and well-being outcomes for pregnant and parenting women, families, and infants born into poverty. The CCCHVI will build on the success of already existing evidence-based home visiting initiatives in Contra Costa County by expanding the capacity of those programs to better serve the CalWORKs population. The CCCHVI will also expand and support new infrastructure that will facilitate stronger coordination and continuous quality improvement among the various partners. Our CCCHVI partners will include: 1. Contra Costa County Employment and Human Services Department (EHSD) Workforce Service Bureau (WFS) (the County Welfare Services Bureau) 2. Contra Costa County Health Services (the County Department of Public Health) 3. Contra Costa County Employment and Human Services Department Community Services Bureau (CSB) 4. First 5 Contra Costa 5. Aspiranet The CCCHVI will implement two home visiting models: the Nurse Family Partnership (NFP) home visiting program currently operated by Health Services, and the Early Head Start home visiting (EHS-HV) program which is jointly operated by CSB and First 5 Contra Costa, and delivered through Aspiranet. WFS will serve as the lead for this project and will work closely with the two home visiting programs to ensure smooth referrals, screening, September 25, 2018 BOS Minutes 533 communications, and case conferencing between the home visiting and CalWORKs and Welfare-to-Work programs. The Contra Costa County Board of Supervisors is confident in the strong collaboration of these agencies and their ability to implement the proposed program based on currently existing and successful collaborations and relationships in serving the CalWORKs population. First, the two home visiting programs have a history of excellence in serving the community and have strong past performance to build upon in serving new clients. Second, the partners in the proposed program have pre- existing relationships with each other which will form a foundation for further collaboration. Finally, the collaborative process the group engaged in to develop the Home Visiting Initiative County plan is indicative of this group’s commitment to successful collaboration and implementation of the CCCHVI. The Contra Costa County Board of Supervisors believes in expanding and further solidifying service delivery models that target those in poverty. We are especially interested in services that provide the necessary support for CalWORKs recipients to assist them towards economic sufficiency. We view the CCCHVI as a much-needed effort towards enhanced outcomes for CalWORKs recipients. Sincerely, Karen Mitchoff, Chairwoman Contra Costa County Board of Supervisors September 25, 2018 BOS Minutes 534 September 25, 2018 BOS Minutes 535 September 25, 2018 BOS Minutes 536 RECOMMENDATION(S): 1. FIND that the approval of a Grant Deed of Development Rights, conveying to the County development rights on a portion of Parcel A of Subdivision 54-84, Alamo area, is categorically exempt from review under the California Environmental Quality Act (CEQA) under Section 15325, subdivision (a), of the CEQA Guidelines (transfers of ownership of interests in land to preserve existing natural conditions). 2. APPROVE and AUTHORIZE the Board Chair to execute the Grant Deed of Development Rights between the County and Dennis C. Blodgett, Trustee of The Peter Ostrovsky Trust. FISCAL IMPACT: None to the General Fund. The applicant is responsible for payment of all costs associated with the processing of this application. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 09/25/2018 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Karen Mitchoff, District IV Supervisor ABSENT:Diane Burgis, District III Supervisor Federal D. Glover, District V Supervisor Contact: Adrian Veliz (925) 674-7798 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: September 25, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: C. 81 To:Board of Supervisors From:John Kopchik, Director, Conservation & Development Department Date:September 25, 2018 Contra Costa County Subject:Sugarloaf Drive Grant Deed of Development Rights September 25, 2018 BOS Minutes 537 BACKGROUND: On September 10, 2018, the Contra Costa County Zoning Administrator conditionally approved an application for a lot line adjustment (LL17-18) involving two contiguous parcels in the unincorporated Alamo area of Contra Costa County, California. The lot line adjustment would result in the transfer of a portion of Parcel B of Minor Subdivision (MS) 44-89 (“Parcel B”) to Parcel A of Minor Subdivision (MS) 54-84 (“Parcel A”), and the transfer of a portion of Parcel A to Parcel B. A map showing the lot line adjustment is attached. Parcel A is owned by Dennis C. Blodgett, Trustee of The Peter Ostrosky Trust. The portion of Mr. Blodgett’s property that is being transferred to Parcel B is located within a scenic view area observable from Interstate 680, a scenic route. General Plan Policy 5-49 states that scenic views observable from scenic routes are to be conserved, enhanced and protect to the extent possible. Based on this policy, the Zoning Administrator conditioned the lot line adjustment on the execution of the Grant Deed of Development Rights attached hereto. The Grant Deed of Development Rights must be recorded prior to the recording of deeds to effectuate the real property transfers under the approved lot line adjustment. CONSEQUENCE OF NEGATIVE ACTION: The condition of approval of the lot line adjustment could not be satisfied, and the lot line adjustment could not be completed. ATTACHMENTS Grant Deed of Development Rights Proposed Lot Line Adjustment Conditions of Approval for MS44-89 Recorded Parcel Map (MS44-89) September 25, 2018 BOS Minutes 538 September 25, 2018 BOS Minutes 539 September 25, 2018 BOS Minutes 540 September 25, 2018 BOS Minutes 541 September 25, 2018 BOS Minutes 542 September 25, 2018 BOS Minutes 543 September 25, 2018 BOS Minutes 544 September 25, 2018 BOS Minutes 545 September 25, 2018BOS Minutes546 September 25, 2018 BOS Minutes 547 September 25, 2018 BOS Minutes 548 September 25, 2018 BOS Minutes 549 September 25, 2018 BOS Minutes 550 September 25, 2018 BOS Minutes 551 September 25, 2018 BOS Minutes 552 September 25, 2018BOS Minutes553 September 25, 2018BOS Minutes554 RECOMMENDATION(S): Accept the Canvass of Votes for the August 28, 2018 Special Election showing that the measure for Police Services in County Service Area P-6, Zone 1203, Supervisorial District 4 - Unincorporated area of Concord passed as follows: Total Landowners - 1 Voted - 1 Yes - 4 No - 0 FISCAL IMPACT: None BACKGROUND: See the attached Certificate of the County Clerk, providing results of the August 28, 2018 Special Election for County Service Area P-6, Zone 1203, where each landowner of the affected area was allowed one vote for each acre or portion thereof on Resolution No. 2018/217, so as to authorize a special tax on said property, located in unincorporated area in Concord, to maintain present level of police protection services APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 09/25/2018 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Karen Mitchoff, District IV Supervisor ABSENT:Diane Burgis, District III 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: September 25, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C. 82 To:Board of Supervisors From:Joseph E. Canciamilla, Clerk-Recorder Date:September 25, 2018 Contra Costa County Subject:ACCEPT CANVASS OF VOTES FOR POLICE SERVICE AREA ZONE 1203 September 25, 2018 BOS Minutes 555 BACKGROUND: (CONT'D) and provide additional funding for increased police protection services. CONSEQUENCE OF NEGATIVE ACTION: If the Board of Supervisors does not accept the Canvass of Votes, Zone 1203 will not be formed. ATTACHMENTS Canvass of Votes September 25, 2018 BOS Minutes 556 September 25, 2018 BOS Minutes 557 RECOMMENDATION(S): APPROVE and AUTHORIZE submission of the County's FY 2017/18 Consolidated Annual Performance and Evaluation Report (CAPER) to the U.S. Department of Housing and Urban Development (HUD) for the following federal programs: Community Development Block Grant (CDBG), HOME Investment Partnerships Act (HOME), Emergency Solutions Grant (ESG), Housing Opportunities for Persons with AIDS (HOPWA), and Neighborhood Stabilization Program (NSP). FISCAL IMPACT: No fiscal impact. This action seeks to approve the year-end performance report for the FY 2017/18 CDBG, HOME, ESG, HOPWA and NSP programs administered by the County. CFDA Nos.: CDBG - 14.218; HOME - 14.239; ESG - 14.231; HOPWA - 14.241; NSP - 14.218 BACKGROUND: Consolidated Annual Performance and Evaluation Report (CAPER): The Housing and Community Development Act of 1974, as amended, requires all CDBG and HOME entitlement jurisdictions to prepare and submit a CAPER (Attachment A) to the U.S. Department of Housing and Urban Development (HUD) by September 30 of each year. The CAPER provides the County and interested stakeholders with an opportunity to evaluate the progress in carrying out priorities and objectives contained in the County's APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 09/25/2018 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Karen Mitchoff, District IV Supervisor ABSENT:Diane Burgis, District III Supervisor Federal D. Glover, District V Supervisor Contact: Kristen Lackey, 925-674-7793 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: September 25, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C. 83 To:Board of Supervisors From:John Kopchik, Director, Conservation & Development Department Date:September 25, 2018 Contra Costa County Subject:FY 2017/18 Consolidated Annual Performance and Evaluation Report for the U.S. Department of Housing and Urban Development September 25, 2018 BOS Minutes 558 BACKGROUND: (CONT'D) five-year Consolidated Plan and annual Action Plan. HUD uses the CAPER to evaluate whether: (1) the County has carried out projects/programs as described in its Consolidated Plan and annual Action Plan; (2) the CDBG, HOME, ESG, NSP, and HOPWA assisted activities are eligible and meet a national objective, and if expenditures meet certain statutory requirements; and (3) the County has demonstrated a continuing capacity to carry out its HUD funded programs. The basic elements of the CAPER are the following: summary of resources and expenditures, programmatic accomplishments, status of actions taken during the year to implement objectives contained in the Consolidated Plan, and evaluation of progress made during the year in addressing identified priority needs and objectives. Highlights of the CAPER include the following: • The County received $7.4 million in FY 2017/18 CDBG, HOME, HOPWA and ESG funds for use in accomplishing housing and non-housing community development objectives. • The County expended $7.15 million on approved projects and programs (expenditures were for projects funded in previous and current years). • The County continued to meet HUD's requirements related to spending CDBG and HOME funds in a timely manner. • For each dollar of County federal funds spent for projects that were completed during the year, $12.47 was leveraged from other federal, State, local, and private resources. • Over 36,000 lower income persons/families were served through public service programs. • 25 lower income people were placed in jobs through Economic Development programs. • 212 businesses were assisted through Economic Development programs. • 3 Infrastructure/Public Facilities projects were completed. • 141 rental housing units were rehabilitated for low income households. • 12 owner-occupied homes were constructed. • 5 owner-occupied homes were rehabilitated. • 19 homeowners received minor home improvement grants. • 93 homeowners received foreclosure prevention counseling. • 514 low income renters received financial assistance to prevent them from becoming homeless or to quickly regain housing following an episode of being homeless. CONSEQUENCE OF NEGATIVE ACTION: The County cannot submit the CAPER without Board approval, which would jeopardize future HUD funding. CHILDREN'S IMPACT STATEMENT: The project/programs funded with CDBG, HOME, ESG, HOPWA, and NSP funds support one or more of the following children's outcomes: (1) Children Ready for and Succeeding in School; (2) Children and Youth Healthy and Preparing for Productive Adulthood; (3) Families that are Economically Self Sufficient; (4) Families that are Safe, Stable and Nurturing; and (5) Communities that are Safe and Provide a High Quality of Life for Children and Families. ATTACHMENTS BOS Draft FY 17/18 CAPER September 25, 2018 BOS Minutes 559 CONTRA COSTA COUNTY FY2017/18 CAPER (Consolidated Annual Performance & Evaluation Report) Community Development Block Grant HOME Investment Partnerships Act Emergency Solutions Grants Housing Opportunities for Persons with AIDS Neighborhood Stabilization Program September 25, 2018 DRAFT September 25, 2018 BOS Minutes 560 CAPER 1 DRAFT dated 9/25/18 CR-05 - Goals and Outcomes Progress the jurisdiction has made in carrying out its strategic plan and its action plan. 91.520(a) This could be an overview that includes major initiatives and highlights that were proposed and executed throughout the program year. The Housing and Community Development Act of 1974, as amended, requires all Community Development Block Grant (CDBG) and HOME Investment Partnerships (HOME) Program entitlement jurisdictions to prepare and submit a Consolidated Annual Performance and Evaluation Report (CAPER) to the U.S. Department of Housing and Urban Development (HUD) by September 30 of each year. The CAPER provides the County and interested stakeholders with an opportunity to evaluate the progress in carrying out priorities and objectives contained in the County's five-year Consolidated Plan and annual Action Plan.  Over 36,000 low/moderate-income persons/families were served through the County funded public service programs  25 low/moderate-income people were placed in jobs through the County funded economic development and job-training services programs  212 businesses were assisted through micro-enterprise assistance programs.  3 infrastructure/public facilities projects were completed within low/moderate income neighborhoods.  141 rental housing units were rehabilitated for low/moderate income families.  12 owner-occupied homes were constructed.  5 owner-occupied homes were rehabilitated.  19 homeowners received minor home improvement grants.  93 homeowners received foreclosure prevention counseling.  514 low-income renters received assistance to prevent them from becoming homeless or to help them quickly regain housing following an episode of being homeless. Comparison of the proposed versus actual outcomes for each outcome measure submitted with the consolidated plan and explain, if applicable, why progress was not made toward meeting goals and objectives. 91.520(g) Categories, priority levels, funding sources and amounts, outcomes/objectives, goal outcome indicators, units of measure, targets, actual outcomes/outputs, and percentage completed for each of the grantee’s program year goals. September 25, 2018 BOS Minutes 561 CAPER 2 DRAFT dated 9/25/18 From IDIS Table 1 - Accomplishments – Program Year & Strategic Plan to Date Goal Category Source / Amount Indicator Unit of Measure Expected – Strategic Plan Actual – Strategic Plan Percent Complete Expected – Program Year Actual – Program Year Percent Complete AH-1 New Construction of Affordable Rental Housing Affordable Housing CDBG: $ / HOME: $ / ESG: $ Rental units constructed Household Housing Unit 125 23 18.40% 25 0 0.00% AH-1 New Construction of Affordable Rental Housing Affordable Housing CDBG: $ / HOME: $ / ESG: $ Homeowner Housing Added Household Housing Unit 0 0 0 0 AH-1 New Construction of Affordable Rental Housing Affordable Housing CDBG: $ / HOME: $ / ESG: $ Homeowner Housing Rehabilitated Household Housing Unit 0 0 0 0 AH-2 Homeownership Opportunities Affordable Housing CDBG: $ / HOME: $ Homeowner Housing Added Household Housing Unit 20 0 0.00% AH-3 Maintain and Preserve Affordable Housing Affordable Housing Non-Homeless Special Needs CDBG: $ / HOME: $ Rental units rehabilitated Household Housing Unit 125 28 22.40% 25 21 84.00% September 25, 2018 BOS Minutes 562 CAPER 3 DRAFT dated 9/25/18 AH-3 Maintain and Preserve Affordable Housing Affordable Housing Non-Homeless Special Needs CDBG: $ / HOME: $ Homeowner Housing Rehabilitated Household Housing Unit 75 46 61.33% 15 28 186.67% AH-4 New Supportive Housing - Special Needs Affordable Housing Homeless Non-Homeless Special Needs CDBG: $ / HOME: $ / HOPWA: $ Rental units constructed Household Housing Unit 50 0 0.00% 10 0 0.00% AH-4 New Supportive Housing - Special Needs Affordable Housing Homeless Non-Homeless Special Needs CDBG: $ / HOME: $ / HOPWA: $ Rental units rehabilitated Household Housing Unit 30 0 0.00% 6 0 0.00% AH-4 New Supportive Housing - Special Needs Affordable Housing Homeless Non-Homeless Special Needs CDBG: $ / HOME: $ / HOPWA: $ Housing for People with HIV/AIDS added Household Housing Unit 12 0 0.00% 2 0 0.00% CD-1 General Public Services Non-Housing Community Development CDBG: $ Public service activities other than Low/Moderate Income Housing Benefit Persons Assisted 25000 28024 112.10% 5000 19494 389.88% CD-2 Non-Homeless Special Needs Population Non-Homeless Special Needs Non-Housing Community Development CDBG: $ Public service activities other than Low/Moderate Income Housing Benefit Persons Assisted 6740 5091 75.53% 1348 2937 217.88% September 25, 2018 BOS Minutes 563 CAPER 4 DRAFT dated 9/25/18 CD-3 Youth Non-Housing Community Development CDBG: $ Public service activities other than Low/Moderate Income Housing Benefit Persons Assisted 4300 2478 57.63% 860 1537 178.72% CD-4 Fair Housing Non-Housing Community Development CDBG: $ Public service activities other than Low/Moderate Income Housing Benefit Persons Assisted 200 103 51.50% 40 61 152.50% CD-5 Economic Development Non-Housing Community Development CDBG: $ Public service activities other than Low/Moderate Income Housing Benefit Persons Assisted 80 52 65.00% 16 29 181.25% CD-5 Economic Development Non-Housing Community Development CDBG: $ Jobs created/retained Jobs 8 2 25.00% 2 0 0.00% CD-5 Economic Development Non-Housing Community Development CDBG: $ Businesses assisted Businesses Assisted 300 343 114.33% 60 188 313.33% CD-6 Infrastructure/Public Facilities Non-Housing Community Development CDBG: $ Public Facility or Infrastructure Activities other than Low/Moderate Income Housing Benefit Persons Assisted 2500 40646 1,625.84% 500 20316 4,063.20% September 25, 2018 BOS Minutes 564 CAPER 5 DRAFT dated 9/25/18 CD-7 Administration General Administration of the CDBG, HOME, ESG, and HOPWA Programs CDBG: $ / HOME: $ / ESG: $ / HOPWA: $ Other Other 4 4 100.00% 4 4 100.00% H-1 Housing & Supportive Services for the Homeless Affordable Housing Homeless CDBG: $ / ESG: $ Public service activities other than Low/Moderate Income Housing Benefit Persons Assisted 0 11073 3200 11073 346.03% H-1 Housing & Supportive Services for the Homeless Affordable Housing Homeless CDBG: $ / ESG: $ Homeless Person Overnight Shelter Persons Assisted 1400 644 46.00% 280 379 135.36% H-1 Housing & Supportive Services for the Homeless Affordable Housing Homeless CDBG: $ / ESG: $ Overnight/Emergency Shelter/Transitional Housing Beds added Beds 0 0 0 0 H-2 Prevention Services for Homeless Homeless CDBG: $ / ESG: $ / HOPWA: $ Public service activities other than Low/Moderate Income Housing Benefit Persons Assisted 0 12230 0 319 H-2 Prevention Services for Homeless Homeless CDBG: $ / ESG: $ / HOPWA: $ Tenant-based rental assistance / Rapid Rehousing Households Assisted 150 99 66.00% 30 25 83.33% September 25, 2018 BOS Minutes 565 CAPER 6 DRAFT dated 9/25/18 H-2 Prevention Services for Homeless Homeless CDBG: $ / ESG: $ / HOPWA: $ Homeless Person Overnight Shelter Persons Assisted 0 0 0 0 H-2 Prevention Services for Homeless Homeless CDBG: $ / ESG: $ / HOPWA: $ Homelessness Prevention Persons Assisted 140 60 42.86% 30 20 66.67% H-2 Prevention Services for Homeless Homeless CDBG: $ / ESG: $ / HOPWA: $ Housing for People with HIV/AIDS added Household Housing Unit 100 0 0.00% Assess how the jurisdiction’s use of funds, particularly CDBG, addresses the priorities and specific objectives identified in the plan, giving special attention to the highest priority activities identified. All of the County's HOME Investment Partnerships Program (HOME), Community Development Block Grant (CDBG), Emergency Solutions Grants (ESG), and Housing Opportunities for Persons With AIDS (HOPWA) funding sources address the priorities and specific objectives identified in the FY 2015/2020 Consolidated Plan. All of the funded activities meet at least one of the highest priority needs identified in the Consolidated Plan. The County has made significant progress in meeting the goals and objectives contained in the Five-Year Consolidated Plan. During FY 2017/18, CDBG-funded public service projects provided a wide range of social services to over 36,000 Urban County residents and households, including the homeless, mentally and physically disabled, seniors, victims of domestic violence, and other special needs populations. Economic development programs offered training and placement services for 200 lower income persons and assisted with the creation and expansion of September 25, 2018 BOS Minutes 566 CAPER 7 DRAFT dated 9/25/18 212 microenterprises/small businesses. There were three Infrastructure/Public Facilities projects completed in FY 2017/18 that created a variety of infrastructure and accessibility improvements. Although the County made progress in meeting the annual goals for most objectives, there were some in which the County did not. The reason for not meeting the annual goal is primarily due to not having a specific activity that met that objective for that program y ear. However, the County anticipates that there will be activities in the subsequent Consolidated Plan years that will get awarded CDBG, HOME, ESG, or HOPWA funds that will meet those objectives for the County to meet its 5-year goals. Housing development projects often take multiple years to be fully funded, constructed and occupied. Therefore, the five-year goals may be met in just one or two years with other years showing no accomplishments. September 25, 2018 BOS Minutes 567 CAPER 8 DRAFT dated 9/25/18 CR-10 - Racial and Ethnic composition of families assisted Describe the families assisted (including the racial and ethnic status of families assisted). 91.520(a) CDBG HOME ESG White 10,997 5 383 Black or African American 6,908 31 321 Asian 3,136 7 12 American Indian or American Native 432 0 57 Native Hawaiian or Other Pacific Islander 300 0 7 Total 21,773 43 780 Hispanic 2,379 0 81 Not Hispanic 19,394 43 699 Table 2 – Table of assistance to racial and ethnic populations by source of funds Narrative The County requests that sub-grantees/subrecipients collect race and ethnicity information using nine different categories in addition to Hispanic ethnicity. The figures above do not take into account mixed- race categories. For a complete view of the race/ethnicity demographic information of the residents/beneficiaries served by the various CDBG/HOME/ESG/HOPWA funded projects and programs, please see the project/program tables in Attachment B. September 25, 2018 BOS Minutes 568 CAPER 9 DRAFT dated 9/25/18 CR-15 - Resources and Investments 91.520(a) Identify the resources made available Source of Funds Source Resources Made Available Amount Expended During Program Year CDBG CDBG 6,617,702 3,719,380 HOME HOME 3,249,986 047,749 HOPWA HOPWA 1,048,246 236,875 ESG ESG 365,299 248,852 Other Other 2,054,812 1,687,029 Table 3 - Resources Made Available Narrative The "Resources Made Available" includes the current year grant allocation, program income, returned or recaptured funds and prior year unexpended funds. The amount expended during program year 2017/18 includes funds expended on completed projects/activities and on projects/activities that are underway but not yet completed. Identify the geographic distribution and location of investments Target Area Planned Percentage of Allocation Actual Percentage of Allocation Narrative Description Contra Costa County 100 100 Countywide Table 4 – Identify the geographic distribution and location of investments Narrative The Contra Costa County HOME Consortium area is comprised of the unincorporated areas and incorporated cities/towns of the County. In terms of geographic distribution of investment of HOME funds, HOME housing activities will go towards all eligible areas of the HOME Consortium area to benefit low-income households. Contra Costa County also receives an allocation of CDBG funds from HUD to benefit residents of the Urban County. The Urban County area is comprised of all the unincorporated areas and incorporated cities/towns of the County, minus the Cities of Antioch, Concord, Pittsburg, and Walnut Creek. These four cities receive their own allocation of CDBG funds from HUD and therefore are not part of the Urban County area. In terms of specific geographic distribution of investments, infrastructure improvements and public facilities were focused primarily in areas with concentrations of low- to moderate-income populations within the Urban County area. Investments in CDBG housing activities occur in any Urban County area. Contra Costa County also receives an allocation of ESG funds from HUD. The ESG area for the County is September 25, 2018 BOS Minutes 569 CAPER 10 DRAFT dated 9/25/18 the Urban County area (similar to the County's CDBG Urban County area explained above). In terms of geographic investment of ESG funds, ESG funds were distributed throughout the Urban County to provide assistance to the homeless population or those at risk of becoming homeless who are within the Urban County area of Contra Costa County. Contra Costa County is also a sub-grantee to the City of Oakland (Alameda County) for the HOPWA program. Contra Costa County’s HOPWA area is the entire County unincorporated areas and incorporated cities/towns of the County. Leveraging Explain how federal funds leveraged additional resources (private, state and local funds), including a description of how matching requirements were satisfied, as well as how any publicly owned land or property located within the jurisdiction that were used to address the needs identified in the plan. For each dollar spent in County federal funds for projects that were completed during the program year, $12.47 was leveraged in other federal, State, local, and private resources. The 100 percent ESG matching requirements were met through other federal (non-ESG), State, local, and private resources. The 25 percent HOME Program match requirement was exceeded through non-federal resources and the excess will be carried over for the next federal fiscal year. [Confirm HOME expenditures with Elizabeth] Fiscal Year Summary – HOME Match 1. Excess match from prior Federal fiscal year 44,008,207 2. Match contributed during current Federal fiscal year 143,910 3. Total match available for current Federal fiscal year (Line 1 plus Line 2) 44,152,117 4. Match liability for current Federal fiscal year 79,775 5. Excess match carried over to next Federal fiscal year (Line 3 minus Line 4) 44,072,342 Table 5 – Fiscal Year Summary - HOME Match Report September 25, 2018 BOS Minutes 570 CAPER 11 DRAFT dated 9/25/18 Match Contribution for the Federal Fiscal Year Project No. or Other ID Date of Contribution Cash (non-Federal sources) Foregone Taxes, Fees, Charges Appraised Land/Real Property Required Infrastructure Site Preparation, Construction Materials, Donated labor Bond Financing Total Match 16-07 Virginia Lane 7/01/2017 126,827 126,827 Riley Court 7/1/2017 Elaine Null Table 6 – Match Contribution for the Federal Fiscal Year Program Income – Enter the program amounts for the reporting period Balance on hand at beginning of reporting period $ Amount received during reporting period $ Total amount expended during reporting period $ Amount expended for TBRA $ Balance on hand at end of reporting period $ 370,467 521,802 70,492 0 821,777 Table 7 – Program Income HOME MBE/WBE report September 25, 2018 BOS Minutes 571 CAPER 12 DRAFT dated 9/25/18 Minority Business Enterprises and Women Business Enterprises – Indicate the number and dollar value of contracts for HOME projects completed during the reporting period Total Minority Business Enterprises White Non- Hispanic Alaskan Native or American Indian Asian or Pacific Islander Black Non- Hispanic Hispanic Contracts Dollar Amount 0 0 0 0 0 1 Number 0 0 0 0 0 $2,025,458 Sub-Contracts Number 0 0 0 0 4 18 Dollar Amount 0 0 0 0 $267,530 $1,137,206 Total Women Business Enterprises Male Contracts Dollar Amount 0 0 1 Number 0 0 $2,025,458 Sub-Contracts Number 0 0 18 Dollar Amount 0 0 $1,404,736 Table 8 - Minority Business and Women Business Enterprises Minority Owners of Rental Property – Indicate the number of HOME assisted rental property owners and the total amount of HOME funds in these rental properties assisted Total Minority Property Owners White Non- Hispanic Alaskan Native or American Indian Asian or Pacific Islander Black Non- Hispanic Hispanic Number 0 0 0 0 0 0 Dollar Amount 0 0 0 0 0 0 Table 9 – Minority Owners of Rental Property September 25, 2018 BOS Minutes 572 CAPER 13 DRAFT dated 9/25/18 Relocation and Real Property Acquisition – Indicate the number of persons displaced, the cost of relocation payments, the number of parcels acquired, and the cost of acquisition Parcels Acquired 0 0 Businesses Displaced 0 0 Nonprofit Organizations Displaced 0 0 Households Temporarily Relocated, not Displaced 5 $376,254 Households Displaced Total Minority Property Enterprises White Non- Hispanic Alaskan Native or American Indian Asian or Pacific Islander Black Non- Hispanic Hispanic Number 0 0 0 0 0 0 Cost 0 0 0 0 0 0 Table 10 – Relocation and Real Property Acquisition In Fiscal Year 2017/18, there were two residential projects that involved the temporary relocation of the tenants. One project received HOME funds and the other project received CDBG funds. The information in the table above only includes the HOME funded project. The Virginia Lane Apartments in Concord received HOME funds for the rehabilitation of all residential units in the complex. None of the funds were used for acquisition. In the fiscal year, five households were temporarily relocated with a cost of $376,254 for relocation activities. All occupied units were distributed multiple notices and information regarding the temporary relocation. The rehabilitation of all units in the development was completed in November 2017. The leasing of units is underway. Not included in the table above is the East Bluff Apartments in Pinole, which received CDBG funds for the acquisition of the property. Rehabilitation of all of the residential units took place, which required the temporary relocation of the tenants. In the fiscal year, there were 43 households that were temporarily relocated with a cost of $661,928 for relocation activities. All occupied units were distributed multiple notices and information regarding the temporary relocation. The rehabilitation of the units were completed in December 2017 and all tenants have moved back in. September 25, 2018 BOS Minutes 573 CAPER 14 DRAFT dated 9/25/18 CR-20 - Affordable Housing 91.520(b) Evaluation of the jurisdiction's progress in providing affordable housing, including the number and types of families served, the number of extremely low -income, low-income, moderate-income, and middle-income persons served. One-Year Goal Actual Number of Homeless households to be provided affordable housing units 0 0 Number of Non-Homeless households to be provided affordable housing units 0 0 Number of Special-Needs households to be provided affordable housing units 10 0 Total 10 0 Table 11 – Number of Households One-Year Goal Actual Number of households supported through Rental Assistance 0 0 Number of households supported through The Production of New Units 241 0 Number of households supported through Rehab of Existing Units 80 45 Number of households supported through Acquisition of Existing Units 0 0 Total 321 45 Table 12 – Number of Households Supported Discuss the difference between goals and outcomes and problems encountered in meeting these goals. During fiscal year 2017/18, Contra Costa continued to make progress toward meeting its affordable housing goals. There are also several developments currently under construction or will be commencing construction in the coming months. In measuring the County’s accomplishments, it must be noted that the majority of funded housing projects are complex, involving new construction or acquisition and rehabilitation of multifamily housing and requiring multiple funding sources. In general, these projects require two to five years from initial development planning to completion and occupancy. In order to facilitate the ability of the project sponsor to obtain additional funding from other sources (e.g., LIHTCs, State programs, and FHLB Affordable Housing Program), the County often commits resources relatively September 25, 2018 BOS Minutes 574 CAPER 15 DRAFT dated 9/25/18 early in the process. Therefore, the number of units funded and completed with current resources is often less than the number funded and in development. The Veteran’s Square project is delayed and a construction start date is unknown at this time. Muir Ridge was completed in September 2017. Tabora Gardens completed construction in April 2018. Riviera Family and Hana Gardens will all be completed by late 2018. Heritage Point and St. Paul’s started construction in 2018 and be complete in 2019. Discuss how these outcomes will impact future annual action plans. The development schedule of the above listed projects will not impact future action plans. The progress and completion information will be reported in future CAPERs. Include the number of extremely low-income, low-income, and moderate-income persons served by each activity where information on income by family size is required to determine the eligibility of the activity. Number of Households Served CDBG Actual HOME Actual Extremely Low-income 23 0 Low-income 13 0 Moderate-income 9 0 Total 45 0 Table 13 – Number of Households Served Narrative Information In FY 2017/18, the following housing activities were accomplished with the disbursement of CDBG funds:  16 owner-occupied homes were rehabilitated with CDBG funds as part of the Neighborhood Preservation Program. Of these 16 homeowners, 7 were extremely low income (30%), 4 were low income (50%), and 5 were moderate income (80%).  8 homeowners received minor home repair grants with CDBG funds as part of the Home Repair program. Of these 8 homeowners, 3 were extremely low income (30%) and 5 were low income (50%).  141 rental units were acquired with CDBG funds as part of the East Bluff Apartments project. Of these 141 units, 41 were extremely low income (30%), 57 were low income (50%), and 34 were moderate income (80%). September 25, 2018 BOS Minutes 575 CAPER 16 DRAFT dated 9/25/18 CR-25 - Homeless and Other Special Needs 91.220(d, e); 91.320(d, e); 91.520(c) Evaluate the jurisdiction’s progress in meeting its specific objectives for reducing and ending homelessness through: Reaching out to homeless persons (especially unsheltered persons) and assessing their individual needs The Contra Costa Continuum of Care (CoC) uses a number of strategies to reach out to unsheltered persons experiencing homelessness and assess their individual needs, including direct outreach and marketing, the use of phone-based services including 2-1-1, marketing in other languages (e.g., Spanish), making physical and virtual locations accessible to those with disabilities, and collaborating with local law enforcement. As a part of the Contra Costa Coordinated Entry System, CORE (Coordinated Outreach, Referral and Engagement) Teams serve as an entry point into the homeless system of care, providing both day and evening outreach resources and services to encampments and service sites. All persons experiencing homelessness receive a VI-SPDAT (Vulnerability Index – Service Prioritization Decision Assistance Tool) assessment, the common assessment tool being used by the Contra Costa Coordinated Entry System to prioritize those with the highest levels of chronicity and acuity for available housing resources and services. Persons are also referred to CARE (Coordinated Assessment Resource) Centers to access services for basic needs, case management, housing navigation, and health care. All staff administering assessments are trained to use trauma-informed and culturally linguistic competent practices, and are knowledgeable about using or accessing auxiliary aids and services for persons with disabilities. Addressing the emergency shelter and transitional housing needs of homeless persons Crisis services, including emergency shelter and transitional housing, are a critical component of the Contra Costa Coordinated Entry System. For individuals and families experiencing a housing crisis that cannot be diverted, CORE Teams and CARE Centers make referrals to nearly 800 emergency shelter and transitional housing beds throughout Contra Costa County. In keeping with a Housing First approach, the goal of Contra Costa’s crisis response system is to provide immediate and easy access to safe and decent shelter to anyone who needs it, with the housing-focused goal of re-housing people as quickly as possible. Contra Costa CoC has established system-level performance measures for emergency shelter, including reducing the average length of stay (goal: 50 days); increasing exits to permanent housing (goal: 30%), and increasing non-returns to homelessness (goal: 75%). The average length in time in shelter increased to 91 days in 2017. The reason for this increase is due to the County’s CORE Street Outreach teams increasing access for the most vulnerable, and harder to house population. So, although the rates of those moving out of emergency shelter increased, it is taking much longer to do so. Of 119 persons that exited to housing in 2017, 38% exited to permanent housing. Lastly, the non- return rate for 2017 was 85%. September 25, 2018 BOS Minutes 576 CAPER 17 DRAFT dated 9/25/18 County Emergency Shelter Funding: Of the CDBG and ESG funds received by the County for FY 2017/18, $192,349 (ESG) and $54,000 (CDBG) was awarded to local emergency shelters to provide shelter and case management services to homeless adults, families and youth and to victims of domestic violence and their children. Upon entry to one of the shelters, each resident or family is assigned a case manager to assist the individual in determining an appropriate service plan that will help them regain housing as soon as possible. The shelters are part of the County’s Continuum of Care of services and enables individuals and families the opportunity to work on stabilizing their lives and moving toward a permanent housing solution. State ESG Funding: The State, in consultation with HUD, redesigned its ESG Program prior to the 2016 Program Year. The redesign intended to accomplish the following: align State ESG with local entities' ESG programs and HUD goals; increase coordination of State ESG investments with local homelessness systems and investments; invest in the most impactful activities, based on key performance goals and outcomes; shift from an intensive provider competition, in which local providers competed for State ESG funds with other local providers and providers throughout the State, to a much more local competition and where the administration of the program is streamlined; and improve geographic distribution of funding. Under this program design, the State established a dedicated CoC allocation and simplified process available to California communities that are able to administer ESG locally. Under this process, eligible local government entities can act as Administrative Entities (AE) of State ESG funds in furtherance of these goals. Beginning in 2016, HCD will distribute funding for Continuum of Care Service Areas (or Service Areas) through two allocations: Continuum of Care Allocation for Service Areas that contain a city or county that receives ESG directly from HUD; and the Balance of State Allocation for Service Areas that do not contain a city or county that receives ESG directly from HUD. The County's Department of Conservation and Development (DCD) receives ESG funds directly from HUD to administer the County's own ESG Program, so it is an eligible local government entity that can act as an AE of State ESG funds under the State's new program design. On March 30, 2016, the State approved DCD as an AE to administer State ESG funds on behalf of the State for the County's CoC Service Area, which includes all of Contra Costa County, with emphasis toward households/residents of the cities of Antioch, Concord, Pittsburg, and Walnut Creek, as required by the State ESG regulations. The other cities in the County, including Richmond, are part of the Urban County and are therefore served the County's direct ESG grant. As an approved AE, Contra Costa County received $578,558 of State ESG funds that was distributed to Contra Costa County in December 2016 to use on eligible ESG activities. A total of six programs were awarded State ESG funds. Those funds provided by the state in December 2016 were used starting in January 2017 through June 30, 2018. Helping low-income individuals and families avoid becoming homeless, especially extremely low-income individuals and families and those who are: likely to become homeless after being discharged from publicly funded institutions and systems of care (such as health care facilities, mental health facilities, foster care and other youth facilities, and corrections programs and institutions); and, receiving assistance from public or private agencies that address housing, health, social services, employment, education, or youth needs September 25, 2018 BOS Minutes 577 CAPER 18 DRAFT dated 9/25/18 The Contra Costa Coordinated Entry System is centralizing prevention/diversion services. Streamlined and coordinated intake procedures are being used for both phone- and site-based entry points to the system to identify clients on the brink of homelessness and connect them to prevention and mainstream services. Clients are connected to prevention providers (SHELTER, Inc., Trinity Center, and County Homeless Program) via Contra Costa Crisis Center (2-1-1), and work is underway to enhance partnerships with other providers in the region (Catholic Charities). The Coordinated Entry Prevention/Diversion Workgroup (newly formed this year) is conducting a gaps analysis of available prevention/diversion resources, and is piloting new programming to help individuals and families avoid becoming homeless. Per the Contra Costa CoC 2014 Strategic Plan Update, Contra Costa is expanding landlord liaisons & developing a housing stability fund to help clients retain housing and avoid eviction. Season of Sharing provides $900k annually in temporary financial assistance (emergency rent payments, utilities, & other aids to prevent homelessness) for families in crisis. Discharge planning w/hospitals, mental health, substance abuse treatment, corrections & foster care systems also help to reduce first time homelessness. Helping homeless persons (especially chronically homeless individuals and families, families with children, veterans and their families, and unaccompanied youth) make the transition to permanent housing and independent living, including shortening the period of time that individuals and families experience homelessness, facilitating access for homeless individuals and families to affordable housing units, and preventing individuals and families who were recently homeless from becoming homeless again SHORTENING LENGTH OF TIME HOMELESS: Contra Costa’s biggest barrier to reducing length of time homeless is lack of affordable housing stock. The Contra Costa Built for Zero campaign, in partnership with Multi-faith ACTION Coalition, has improved landlord engagement by identifying landlords willing to rent to homeless veterans and chronically homeless families. The Contra Costa Coordinated Entry System uses the VI-SPDAT (which includes length of homelessness as measure of vulnerability), which supports reducing length of homelessness. 96% of our providers are Housing First, and our CoC-wide performance measures, tracked in HMIS, include reducing the average length of stay in emergency shelter for permanent housing exits. Available housing is prioritized for longest term homeless and our CoC/ESG providers are committed to reducing length of homelessness. CHRONICALLY HOMELESS: In the 2018 Homeless Point-In-Time (PIT) Count, there were 555 homeless individuals who were chronically homeless, which was an increase of 68% from the previous year. This large one-year increase is due to comprehensive PIT data collection. Over the course of the previous year, the CoC’s outreach team better identified encampments that were captured in the 2018 PIT Count. The CORE Street Outreach Program also had six teams conducting PIT data collection, in comparison to two in the previous year. Two-thirds of those chronically homeless were unsheltered the night of the PIT Count.By removing barriers to entry through Housing First, our permanent housing has increased access September 25, 2018 BOS Minutes 578 CAPER 19 DRAFT dated 9/25/18 for chronically homeless individuals and families. The Contra Costa CoC continues to coordinate resources with the goal of achieving functional zero for the chronically homeless population through Built for Zero. FAMILIES WITH CHILDREN: Families experiencing a housing crisis who cannot be diverted are connected to crisis services and assessed using VI-F-SPDAT. Using a Housing First approach, families are connected to available and appropriate resources, including emergency shelter and warming centers as well as housing. The VI-SPDAT is used to assess and prioritize families for available permanent supportive housing and in the next year will be used to prioritize and refer families for Rapid Rehousing. SHELTER, Inc. is our main RRH provider, assisting families through CoC, ESG, and CalWORKS grants for RRH. SHELTER, Inc. also maintains a phone line (8,000 calls last year) streamlining linkages to RRH. RRH is a key strategy to end family homelessness in the Contra Costa CoC 2014 Strategic Plan update. VETERANS: As a Built for Zero community, a main goal of our CoC is to provide bridges between the Veteran and homeless systems of care. Built for Zero has improved data sharing between programs to assess the number of veterans being housed each month in the community. All CoC program-funded providers, including outreach teams, assess veteran eligibility using a standardized HMIS intake form. Outreach teams link qualifying clients to veteran service providers. Three providers (SHELTER, Inc., Berkeley Food & Housing, and the East Bay Community Recovery Project) partner to ensure clients are able to access SSVF using a Housing First model with full geographic coverage. Veterans service representatives through the County VA assist clients with any veterans claim to ensure maximum benefits are awarded. UNACCOMPANIED YOUTH: Cross organization collaboration also occurs with school districts and County Department of Education. The Council on Homelessness includes an Educational and Vocational Services Representative, who serves as our liaison to families in the school system experiencing homelessness, currently provides technical assistance, professional development and legislation tracking support to 18 districts and works directly with youth in foster care. Contra Costa employs a Homeless Education Liaison through McKinney-Vento funding, who works to address the educational needs of homeless children & parents. Representatives from the CoC regularly participate in USD meetings, with CoC- funded provider SHELTER, Inc. staff serving on the Contra Costa Local Planning Council for Child Care & Development. These partnerships ensure that homeless families and unaccompanied youth are connected to the Contra Costa Coordinated Entry System. A youth advisory board is currently under development to further inform our youth homeless system of care, and we are partnering with the Department of Education and youth ambassadors to improve the 2018 Point-in-Time Count, to improve our understanding about unaccompanied youth experiencing homelessness in Contra Costa. September 25, 2018 BOS Minutes 579 CAPER 20 DRAFT dated 9/25/18 CR-30 - Public Housing 91.220(h); 91.320(j) Actions taken to address the needs of public housing Housing Authority of the County of Contra Costa (HACCC) has begun a long-term project to reposition and rehabilitate its public housing portfolio in the face of ever-decreasing federal, state and local funding. The initial step in this process is the disposition via RAD of the agency's Las Deltas public housing property in North Richmond. HACCC has received approval from HUD to move forward with the RAD conversion of this property. The public housing subsidies received for the 214 units at Las Deltas will be converted to RAD project-based voucher assistance at eleven new or rehabilitated housing developments throughout the County. The units at Las Deltas will help produce at least 502 units of new or rehabilitated affordable housing throughout the County. Of this total, 125 of the units, to date, will be funded directly with the RAD project-based vouchers received for Las Deltas, 161 will be funded with "regular" project-based vouchers from the housing authority's existing funding and 216 will be funded using other affordable housing funds. An additional 89 units are to be committed to other RAD transactions or replaced through the HUD Demolition and Disposition process that will result in at least another 89 units of funding for voucher replacement units and likely more units leveraged for further project-based voucher assistance. HACCC utilized $2,069,430 of HUD funding for the following improvements:  $339,349 - Demolition of 6 buildings at the Las Deltas development.  $157,164 - Relocation costs - RAD  $454,964 - Security window and door covers for vacant units at the Las Deltas development.  $488,200 - Repair of 4 fire-damaged units at the Bayo Vista development.  $305,578 - Tree trimming and removal at 3 developments.  $34,665 - Computer upgrade  $259,930 - Replace smoke and carbon monoxide detectors in all units  $28,980 - Replace refrigerators, ranges and other dwelling equipment. Actions taken to encourage public housing residents to become more involved in management and participate in homeownership HACCC holds quarterly meetings/social events at five public housing properties. Tenants from nearby properties also attend these events. HACCC and Contra Costa County libraries partnered and received over 5,000 books for low income residents in Contra Costa County. El Pueblo residents’ council worked with the Asset Manager and received funding to purchase school September 25, 2018 BOS Minutes 580 CAPER 21 DRAFT dated 9/25/18 uniforms for the youth at the development. Bayo Vista Development created baseball, football and basketball teams in collaboration with Sheriffs for the youth. Back to school gatherings were held at four public housing sites. Backpack and school supplies were given to school-age children at these properties. Free lunch programs are operated at Bayo Vista, El Pueblo and Vista Del Camino housing developments. HACCC participates in the Campaign for Grade Level Reading. HACCC operates small give-away libraries at four public housing sites and offer children's books to families. Staff have given away over 3,000 children's books this year. HACCC partnered with Pittsburg Police Department and the Sheriff's Department to provide Thanksgiving and Christmas meals to residents in the El Pueblo, Bayo Vista and North Richmond developments. Bayo Vista held a community mural dedication for a mural created and designed by community youth. Over 250 community members attended. As part of the Las Deltas RAD conversion, we are working with a family to see if they are eligible to purchase the public housing unit in which they live. This option will be explored with other families too. HACCC partnered with REACH, a local nonprofit that focuses on women returning to society from the prison system. REACH has offices at Las Deltas to provide counseling and other services. The HACCC has three public housing properties that provide summer and afterschool programs targeting 8-16 year-olds. These programs provided youth the opportunity to attend A's game and experience a boat trip. Staff is meeting regularly with elderly and disabled residents to better determine their service needs. The Resident Advisory Board met six times this year to discuss HACCC policies. Their input will be used to craft the Agency's next Annual Plan. Actions taken to provide assistance to troubled PHAs Not applicable. HACCC is not designated as troubled. September 25, 2018 BOS Minutes 581 CAPER 22 DRAFT dated 9/25/18 CR-35 - Other Actions 91.220(j)-(k); 91.320(i)-(j) Actions taken to remove or ameliorate the negative effects of public policies that serve as barriers to affordable housing such as land use controls, tax policies affecting land, zoning ordinances, building codes, fees and charges, growth limitations, and policies affecting the return on residential investment. 91.220 (j); 91.320 (i) The County will continue its efforts to remove or ameliorate public policies which negatively impact affordable housing development in the County including the following:  Through the Density Bonus Ordinance, the County is required to grant one density bonus and incentives or concessions when an applicant for a housing development seeks and agrees to construct a housing development, excluding any units permitted by the density bonus that will contain at least one of the following: ten percent of the for lower income households; five percent of the total units for very low income households; a senior citizen housing development, or a mobile home park that limits residency based on age requirements for housing older persons; or ten percent of the total dwelling units in a common interest development for persons and families of moderate income, provided that all units in the development are offered to the public for purchase.  The Inclusionary Housing Ordinance requires all developers of five or more units to provide 15 percent of the units at affordable costs to moderate, low or very-low income households depending on the type of project. Developers may pay a fee in lieu of providing the affordable units.  The County will review and develop new regulations to permit the development of agriculturally related structures on agriculturally zoned land without a use permit in order to encourage the provision of onsite farmworker housing. Actions taken to address obstacles to meeting underserved needs. 91.220(k); 91.320(j) The County's efforts to increase and maintain the supply of affordable housing, and to meet the objectives identified in the Consolidated Plan, described in the general narrative sections of this report, are all directed to meeting underserved needs. In addition, the criteria for target population and alleviation of affordable housing needs employed in the allocation of HOME and CDBG funds for housing, establish a priority for projects that reserve a portion of the units for extremely-low income and/or special needs populations. The following are obstacles to meeting needs of the underserved: Accessibility to Services: Lack of accessibility to services can be the result of lack of transportation for those in need, services that are not delivered in a culturally appropriate manner or in the appropriate language, burdensome prerequisites to accessing services (“red tape”), and services that are not provided in proximity to those in need. Lack of transportation is a particular challenge for those who do September 25, 2018 BOS Minutes 582 CAPER 23 DRAFT dated 9/25/18 not drive, do not have a car, or are elderly and for persons with disabilities. Most if not all of the public service projects listed in AP-38 are located within the neighborhoods or communities of the target population to provide easy accessibility to their services. Some of the public service projects serving the elderly or persons with disabilities provide transportation to their services or provide "in-home" services. Awareness of Services: The lack of awareness of the availability of services by those in need and a lack of knowledge about how to access services are significant obstacles to the provision of services. All agencies receiving CDBG, HOME, ESG, or HOPWA funds from the County must provide significant outreach to those in need. County DCD staff continues to monitor CDBG/HOME/ESG/HOPWA funded agencies to verify if an agency's outreach is adequate and that outreach materials are available in various languages. Coordination of Services: Those in need often access services from several points; similar services may also be provided by more than one agency. Those being served by one agency may have needs that are not being addressed by the particular agency currently serving that person or family. County DCD staff advocates that CDBG/HOME/ESG/HOPWA funded agencies collaborate and coordinate with other agencies in the community or serving their target population. DCD staff continue to encourage agencies to collaborate and coordinate to avoid duplication and to provide more efficient services to their clients or target populations. Resources: Resources are generally less than required to meet the level of need. The CDBG/HOME/ESG/HOPWA funds that are available are prioritized to the high Priority Needs and Goals established in the 2015-2020 Consolidated Plan. Funding is also prioritized to those undertakings that represent the most efficient use of funds, are delivered by the most qualified persons, and serve the broadest area. Actions taken to reduce lead-based paint hazards. 91.220(k); 91.320(j) The County has incorporated the requirements of the lead-based paint regulations (24 CFR PART 35) into its affected programs, including the homeowner and rental rehabilitation programs. These programs developed implementation plans that include procedures to test for lead-based paint, determine a scope of work to address lead-based paint hazards, ensure qualified contractors are performing the required work, and obtain a clearance examination at project completion. Additionally, the County's Neighborhood Preservation Program, a home rehabilitation program, provides grants to homeowners who have received rehabilitation loans and need to abate lead hazards. Actions taken to reduce the number of poverty-level families. 91.220(k); 91.320(j) The movement of people to above the poverty line involves a variety of policies and programs that extend beyond providing opportunities for employment at a living wage. Access to education, September 25, 2018 BOS Minutes 583 CAPER 24 DRAFT dated 9/25/18 transportation, childcare, and housing are also key components that can assist persons to secure and retain economically self-sustaining employment. The County employs a variety of strategies to help alleviate poverty in the Urban County, including efforts to stimulate economic growth and job opportunities, and to provide Urban County residents with the skills and abilities required to take advantage of those opportunities. In FY 2017/18, the CDBG program provided funds for four job training and placement programs:  Opportunity Junction’s Bay Point Career Development Services program (17-40-ED) and Job Training and Placement program (17-41-ED) provided personalized vocational training and job placement for persons to establish careers in information technology.  New Horizons Career Development Center, Inc.’s Education, Job Training, Life Skills, and Job Placement Services program (17-08-PS) provided ongoing job training, job placement, life skills training, and GED preparatory training.  Open Opportunities’ Future Build Pre-Apprenticeship Training Program (17-39-ED) provided job training and job placement services in the construction trades.  Multicultural Institute’s Lifeskills/Day Labor Program (17-38-ED) provided job-matching, individualized assistance with health, legal and educational needs. In FY 2017/18, the CDBG program provided funds for a number of programs that do not aid in employment, but are crucial to the reduction of poverty:  Bay Area Legal Aid's Tenant Landlord Housing Services Collaboration program (17-01-PS) provided counseling and legal services to County tenants on their housing rights.  Community Housing Development Corporation's Home Equity Preservation Alliance (17-02-PS) program provided education, counseling, and case management regarding foreclosures.  CocoKids Road to Success program (17-37-ED) provides microenterprise assistance to low- income residents seeking to start or maintain licensed home-based family child care businesses.  Lamorinda Spirit's Lamorinda Spirit Van Senior Transportation Program (17-15-PS) provides transportation to the elderly so that they may maintain their normal lifestyle and age in their homes.  Mount Diablo Unified School District's CARES After School Enrichment Program (17-27-PS) provides after-school childcare and enrichment to elementary and middle school students. Actions taken to develop institutional structure. 91.220(k); 91.320(j) DCD continues to provide technical assistance to non-profits to build capacity and assist in the development of programs and projects designed to meet the County’s Consolidated Plan objectives through individual meetings and workshops held during the program year. Further, the Department works with non-profits to achieve designation as a Community Housing Development Organization (CHDO) and/or Community Based Development Organization (CBDO) for purposes of participating in the Consortium HOME and County CDBG affordable housing programs. September 25, 2018 BOS Minutes 584 CAPER 25 DRAFT dated 9/25/18 Actions taken to enhance coordination between public and private housing and social service agencies. 91.220(k); 91.320(j) The County’s efforts to coordinate activities and strategies for affordable housing development and the provision of emergency and transitional housing and supportive services included cooperative planning efforts as well as participation in a number of countywide housing and service provider organizations. Planning efforts undertaken during the FY 2017/18 included the following:  Contra Costa Consortium members continued to work on strategies and actions designed to overcome identified impediments and eliminate problems of housing discrimination in Contra Costa.  The Continuum of Care and the Council on Homelessness (formerly CCICH) worked with Contra Costa jurisdictions, public and private agencies, the interfaith community, homeless advocacy groups and other community organizations to implement the Continuum of Care Plan, which includes strategies and programs designed to alleviate homelessness, and the Ten Year Plan to End Homelessness.  In addition to the above, the County participated in a number of countywide housing and service provider organizations, which are intended to share resources and coordinate strategies and programs for affordable housing and community development activities. Identify actions taken to overcome the effects of any impediments identified in the jurisdictions analysis of impediments to fair housing choice. 91.520(a) Urban County staff, along with staff from the other Contra Costa CDBG entitlement jurisdictions (Antioch, Concord, Pittsburg, and Walnut Creek), worked together to prepare the Contra Costa Consortium Analysis of Impediments to Fair Housing Choice (AI). This document outlines and identifies barriers to fair housing and presents a plan to properly navigate them. An update of the AI was completed and approved by each Contra Costa CDBG entitlement jurisdiction in 2017. The AI is available on the County website at http://www.cccounty.us/4823/Community-Development-Block- Grant . To address impediments identified in the study, the Update to the AI offers a set of recommendations for consideration. Below are the following in which the County has taken action to fulfill the recommendations. Recommendation # 1: Increase Public Awareness of Fair Housing Rights – The County and the Consortium cities continue to provide CDBG support to agencies to provide Fair Housing consulting services. Fair housing service providers and their partner agencies continue to expand outreach to the community regarding fair housing rights. Eden Council for Hope and Opportunity (ECHO) is one example of a service provider that conducted fair housing trainings and outreach at 16 non-profit agencies throughout the County. This outreach was focused on low-income communities and described their September 25, 2018 BOS Minutes 585 CAPER 26 DRAFT dated 9/25/18 services and contact information. Many of these communities contain a significant number of Spanish- speaking and other non-English speaking residents. Recommendation # 2: Improve Financial Assistance for Housing – The County and cities continue to collaborate to expand affordable housing in communities where such opportunities are limited. The County and many of the Consortium cities have continued to allocate resources to encourage and facilitate the development of affordable housing throughout the entire Consortium, resulting in the development of new affordable housing. Additionally, provisions were made for a single-family rehabilitation program, first-time homebuyer programs, and fair housing counseling, legal service and outreach. In addition, the County continues to provide CDBG financial support for tenant/landlord services for low-income residents of the County. Lastly, the County’s Mortgage Credit Certificate program reserves 40 percent of its allocation for households with incomes at or below 80 percent of the area median income. Lenders have cooperated with the program, and 10 Mortgage Credit Certificates were provided to low-income households. Recommendation # 3: Review Home Purchase Loan Denial Figures with Local Lenders – The County and the Consortium cities have incorporated in the CDBG contracts with their respective Fair Housing consulting agencies a review and monitoring of HMDA data in regard to loan denial rates among racial/ethnic minorities. The agencies will provide an update of their reviews of this information in quarterly reports and in quarterly meetings with the County and Consortium cities. Recommendation # 4: Increase Access to Special Needs Housing – The County and the Consortium cities will inform its Fair Housing services providers to incorporate education and information to tenant, owners, and agents of rental properties about the necessity to provide equal access to housing to special needs populations. Recommendation # 5: Review Municipalities Planning Code and Offer Incentives - This recommendation is a long-term goal and the County will begin developing steps to implement this recommendation. However, the County has continued its efforts to remove or ameliorate public policies within County code that negatively impact affordable housing development in the County including the following:Through the Density Bonus Ordinance, the County is required to grant one density bonus and incentives or concessions when an applicant for a housing development seeks and agrees to construct a housing development, excluding any units permitted by the density bonus that will contain at least one of the following: ten percent of the for lower income households; five percent of the total units for very low income households; a senior citizen housing development, or a mobile home park that limits residency based on age requirements for housing older persons; or ten percent of the total dwelling units in a common interest development for persons and families of moderate income, provided that all units in the development are offered to the public for purchase. The Inclusionary Housing Ordinance requires all developers of five or more units to provide 15 percent of the units at affordable costs to moderate, low or very-low income households depending on the type of project. Developers may pay a fee in lieu of providing the affordable units. The County will review and develop September 25, 2018 BOS Minutes 586 CAPER 27 DRAFT dated 9/25/18 new regulations to permit the development of agriculturally related structures on agriculturally zoned land without a use permit in order to encourage the provision of onsite farmworker housing. CR-40 - Monitoring 91.220 and 91.230 Describe the standards and procedures used to monitor activities carried out in furtherance of the plan and used to ensure long-term compliance with requirements of the programs involved, including minority business outreach and the comprehensive planning requirements The County Department of Conservation and Development (DCD) is responsible for administration of the following federally funded programs: CDBG, HOME, NSP, ESG and HOPWA. All projects funded through these programs are monitored by DCD to ensure that the projects achieve their approved objectives in a manner consistent with federal regulations, the Consolidated Plan, and other local planning requirements. DCD's monitoring process consists of the following:  Prior to funding consideration, all project applications are reviewed to ensure consistency with federal regulations, Board of Supervisor policy, the Consolidated Plan, the Analysis of Impediments to Fair Housing Choice (if applicable) and the County Housing Element (if applicable).  All project sponsors receiving an allocation of CDBG, HOME, NSP, HOPWA and/or ESG funds are required to enter into Project Agreements which specify project objectives, scope of work, eligible activities, performance targets, project budget, implementation time frame, federal regulatory requirements, and monitoring and reporting requirements.  During project implementation, project sponsors are required to submit periodic progress reports detailing project progress, significant problems encountered (and their resolution), project funding and expenditures, affirmative marketing activity and quantitative participation data that illustrates findings on the amount of outreach to women and minority-owned businesses. In addition, projects are monitored as applicable for compliance with federal accounting and procurement standards, labor and construction standards, relocation, affirmative marketing, equal opportunity, fair housing, and other federal requirements.  Following project completion, project sponsors are required to submit Project Completion Reports identifying: project accomplishments; population served, including data on household characteristics (e.g., income, ethnicity); rent and/or housing affordability; and total sources and uses of funds. Affordable housing development projects (e.g., acquisition, rehabilitation, new construction) must also submit annual compliance reports designed to ensure continued compliance with federal regulations, affordability and use restrictions, and other requirements as specified in the project loan documents. In addition, all HOME-assisted projects are subject to periodic onsite inspections to ensure continued compliance with local housing code. September 25, 2018 BOS Minutes 587 CAPER 28 DRAFT dated 9/25/18 Citizen Participation Plan 91.105(d); 91.115(d) Describe the efforts to provide citizens with reasonable notice and an opportunity to comment on performance reports. Contra Costa County set a minimum 15-day comment period for citizen participation and to receive comments on the CAPER. Notices announcing the public hearing date to consider acceptance of the CAPER are posted in local newspapers, as well as the County website at least 15 days prior to the public hearing date. A notice announcing the draft of the CAPER and the public hearing date for the CAPER was published on the County website and in the Contra Costa Times on September 8, 2018. The County’s Board of Supervisors accepted the FY 2017/18 CAPER at its September 25, 2018 meeting. There were no public comments received prior to or at the September 25, 2018 Board of Supervisors meeting. The draft CAPER was made available for review at the County’s Department of Conservation and Development office, and on the following website: http://www.cccounty.us/4823/Community-Development-Block-Grant. September 25, 2018 BOS Minutes 588 CAPER 29 DRAFT dated 9/25/18 CR-45 - CDBG 91.520(c) Specify the nature of, and reasons for, any changes in the jurisdiction’s program objectives and indications of how the jurisdiction would change its programs as a result of its experiences. The County does not anticipate changing any of its program objectives. However, it does anticipate an increase in the number of people served by the County's activities due to the City of Richmond becoming part of the County's CDBG Urban County area beginning in FY 2016/17. Does this Jurisdiction have any open Brownfields Economic Development I nitiative (BEDI) grants? No [BEDI grantees] Describe accomplishments and program outcomes during the last year. Not applicable. September 25, 2018 BOS Minutes 589 CAPER 30 DRAFT dated 9/25/18 CR-50 - HOME 91.520(d) Include the results of on-site inspections of affordable rental housing assisted under the program to determine compliance with housing codes and other applicable regulations Please list those projects that should have been inspected on -site this program year based upon the schedule in §92.504(d). Indicate which of these were inspected and a summary of is sues that were detected during the inspection. For those that were not inspected, please indicate the reason and how you will remedy the situation. Effective January 24, 2015, participating jurisdictions are now required to inspect rental projects funded with HOME funds at least once every three years during the required period of affordability. DCD staff monitors units in one of the three regions of the County (East, Central and West) each year. Staff inspects 15 percent of the HOME-assisted units for each monitored project. Copies of the inspection reports are maintained at the DCD offices. During FY 2017/18, the County performed on-site inspections of 49 HOME-assisted units located in West Contra Costa County. Concurrent with the on-site physical inspections, DCD staff inspects tenant files to ensure the management company complies with the HOME program and local County requirements. The review includes income certifications, rent and utility allowance calculations, and appropriate tenant lease provisions, as well as the annual project audit and operating budget. The following table summarizes the on-site inspections completed during the fiscal year. September 25, 2018 BOS Minutes 590 CAPER 31 DRAFT dated 9/25/18 On-Site Inspections FY 2017/18 September 25, 2018 BOS Minutes 591 CAPER 32 DRAFT dated 9/25/18 Provide an assessment of the jurisdiction's affirmative marketing action s for HOME units. 92.351(b) The objective of affirmative marketing is to promote equal access to housing by all groups within the market area. The County has adopted the following policies and measures: Information concerning the availability of funding, housing opportunities, and fair housing and affirmative marketing requirements will be distributed to the general public; all jurisdictions and housing agencies located in the County; property owners and developers of affordable housing; and minority and public interest groups. Notices of funds available are posted on the County website at http://www.co.contra- costa.ca.us/4823/Community-Development-Block-Grant. Informational material describing the HOME, CDBG, NSP, HOPWA and ESG Programs is available at http://www.co.contra-costa.ca.us/4881/Developing-Affordable-Housing (for developers) http://www.cccounty.us/affordablehousing (for consumers). The County will maintain records concerning the above activities, including copies of press releases, affirmative marketing materials distributed, and workshops and meetings held with the above groups and organizations. The County requires owners of federally assisted housing to comply with federal fair housing law and employ the following affirmative marketing activities:  Advertise the availability of assisted units in local newspapers and newsletters, such as those published by minority groups, neighborhood churches, public service organizations, etc.; and on bulletin boards in community gathering spots (e.g. community center, church, supermarket, laundromat, fair housing/housing counseling agency, and employment offices).  Contact appropriate community organizations and representatives of minority and other disadvantaged groups to solicit tenants and provide information about the availability of the assisted units.  Display the Equal Housing Opportunity logo at the project location and in all advertisements pertaining to assisted units. Refer to IDIS reports to describe the amount and use of program income for pr ojects, including the number of projects and owner and tenant characteristics The amount of HOME program income (PI) received in FY 2017/18 was $630,528. The amount of HOME PI used on projects during FY 2017/18 was $768,281, which includes PI from the previous year. The funds will be allocated to a housing development during the FY 2019/20 Action Plan cycle. With the new HUD procedures, the County will start allocating PI to specific projects. September 25, 2018 BOS Minutes 592 CAPER 33 DRAFT dated 9/25/18 Describe other actions taken to foster and maintain affordable housing. 91.220(k) (STATES ONLY: Including the coordination of LIHTC with the development of affordable housing). 91.320(j) Market factors such as the high cost of land suitable for residential development and high construction costs continue to be significant constraints on the development of affordable housing in Contra Costa. In addition, the elimination of redevelopment agencies has made it much more difficult to obtain funding for affordable housing development. The County attempts to counter these factors with strategies and subsidy programs to develop affordable rental housing and homeownership opportunities. Actions undertaken by the County to decrease development costs and eliminate barriers to affordable housing include the following:  The County adopted an Inclusionary Housing Ordinance which requires developers to provide 15 percent of the units as affordable to moderate, low, or very-low income households. However, 2009 court decisions have made the rental housing component of the Ordinance un- enforceable.  The County has a density bonus ordinance to permit increased densities for housing developments that include units affordable to low-income households. September 25, 2018 BOS Minutes 593 CAPER 34 DRAFT dated 9/25/18 CR-60 - ESG 91.520(g) (ESG Recipients only) ESG Supplement to the CAPER in e-snaps For Paperwork Reduction Act 1. Recipient Information—All Recipients Complete Basic Grant Information Recipient Name CONTRA COSTA COUNTY Organizational DUNS Number 139441955 EIN/TIN Number 946000509 Indentify the Field Office SAN FRANCISCO Identify CoC(s) in which the recipient or subrecipient(s) will provide ESG assistance Richmond/Contra Costa County CoC ESG Contact Name Prefix Mr First Name Gabriel Middle Name 0 Last Name Lemus Suffix 0 Title Principal Planner ESG Contact Address Street Address 1 Department of Conservation and Development Street Address 2 30 Muir Road City Martinez State CA ZIP Code - Phone Number 9256747882 Extension 0 Fax Number 0 Email Address gabriel.lemus@dcd.cccounty.us ESG Secondary Contact Prefix Ms First Name KARA Last Name DOUGLAS Suffix 0 Title Assistant Deputy Director Phone Number 9256747880 Extension 0 Email Address kara.douglas@dcd.cccounty.us September 25, 2018 BOS Minutes 594 CAPER 35 DRAFT dated 9/25/18 2. Reporting Period—All Recipients Complete Program Year Start Date 07/01/2017 Program Year End Date 06/30/2018 3a. Subrecipient Form – Complete one form for each subrecipient Subrecipient or Contractor Name: CONTRA COSTA HEALTH SERVICES HOMELESS PROGRAM City: CONCORD State: CA Zip Code: , DUNS Number: Is subrecipient a victim services provider: N Subrecipient Organization Type: Unit of Government ESG Subgrant or Contract Award Amount: 108365 Subrecipient or Contractor Name: CONTRA COSTA COUNTY HEALTH SERVICES City: CONTRA COSTA COUNTY CONSORTIUM State: CA Zip Code: , DUNS Number: Is subrecipient a victim services provider: N Subrecipient Organization Type: Unit of Government ESG Subgrant or Contract Award Amount: 10000 Subrecipient or Contractor Name: SHELTER INC. OF CONTRA COSTA COUNTY City: CONTRA COSTA COUNTY CONSORTIUM State: CA Zip Code: , DUNS Number: Is subrecipient a victim services provider: N Subrecipient Organization Type: Other Non-Profit Organization ESG Subgrant or Contract Award Amount: 67678 September 25, 2018 BOS Minutes 595 CAPER 36 DRAFT dated 9/25/18 Subrecipient or Contractor Name: SHELTER INC. City: CONTRA COSTA COUNTY CONSORTIUM State: CA Zip Code: , DUNS Number: Is subrecipient a victim services provider: N Subrecipient Organization Type: Other Non-Profit Organization ESG Subgrant or Contract Award Amount: 20000 Subrecipient or Contractor Name: STAND! For Families Free of Violence City: Concord State: CA Zip Code: 94520, 7979 DUNS Number: 603066127 Is subrecipient a victim services provider: N Subrecipient Organization Type: Other Non-Profit Organization ESG Subgrant or Contract Award Amount: 31000 Subrecipient or Contractor Name: St. Paul's Episcopal Church - Trinity Center City: Walnut Creek State: CA Zip Code: 94596, 4037 DUNS Number: Is subrecipient a victim services provider: N Subrecipient Organization Type: Other Non-Profit Organization ESG Subgrant or Contract Award Amount: 12500 September 25, 2018 BOS Minutes 596 CAPER 37 DRAFT dated 9/25/18 CR-65 - Persons Assisted 4. Persons Served 4a. Complete for Homelessness Prevention Activities Number of Persons in Households Total Adults 0 Children 0 Don't Know/Refused/Other 0 Missing Information 0 Total 0 Table 16 – Household Information for Homeless Prevention Activities 4b. Complete for Rapid Re-Housing Activities Number of Persons in Households Total Adults 0 Children 0 Don't Know/Refused/Other 0 Missing Information 0 Total 0 Table 17 – Household Information for Rapid Re-Housing Activities 4c. Complete for Shelter Number of Persons in Households Total Adults 0 Children 0 Don't Know/Refused/Other 0 Missing Information 0 Total 0 Table 18 – Shelter Information September 25, 2018 BOS Minutes 597 CAPER 38 DRAFT dated 9/25/18 4d. Street Outreach Number of Persons in Households Total Adults 0 Children 0 Don't Know/Refused/Other 0 Missing Information 0 Total 0 Table 19 – Household Information for Street Outreach 4e. Totals for all Persons Served with ESG Number of Persons in Households Total Adults 0 Children 0 Don't Know/Refused/Other 0 Missing Information 0 Total 0 Table 20 – Household Information for Persons Served with ESG 5. Gender—Complete for All Activities Total Male 0 Female 0 Transgender 0 Don't Know/Refused/Other 0 Missing Information 0 Total 0 Table 21 – Gender Information September 25, 2018 BOS Minutes 598 CAPER 39 DRAFT dated 9/25/18 6. Age—Complete for All Activities Total Under 18 0 18-24 0 25 and over 0 Don't Know/Refused/Other 0 Missing Information 0 Total 0 Table 22 – Age Information 7. Special Populations Served—Complete for All Activities Number of Persons in Households Subpopulation Total Total Persons Served – Prevention Total Persons Served – RRH Total Persons Served in Emergency Shelters Veterans 0 0 0 0 Victims of Domestic Violence 0 0 0 0 Elderly 0 0 0 0 HIV/AIDS 0 0 0 0 Chronically Homeless 0 0 0 0 Persons with Disabilities: Severely Mentally Ill 0 0 0 0 Chronic Substance Abuse 0 0 0 0 Other Disability 0 0 0 0 Total (Unduplicated if possible) 0 0 0 0 Table 23 – Special Population Served CR-65 Narrative The tables within CR-65 are intentionally left blank as directed by HUD. Beginning with the 2015 CAPER, the information for CR-65 is reported within the ESG eCart (the ESG-CAPER Annual Reporting Tool). The September 25, 2018 BOS Minutes 599 CAPER 40 DRAFT dated 9/25/18 eCart is a Microsoft Excel spreadsheet that is configured to load report level, aggregate information from the Homeless Management Information System (HMIS) and produce all statistical information required by HUD on program participants served in ESG-funded projects. The ESG eCart tool is attached (Attachment A) to this CAPER as an embedded document. CR-70 – ESG 91.520(g) - Assistance Provided and Outcomes 10. Shelter Utilization Number of New Units - Rehabbed 0 Number of New Units - Conversion 0 Total Number of bed-nights available 124,630 Total Number of bed-nights provided 124,630 Capacity Utilization 100.00% Table 24 – Shelter Capacity 11. Project Outcomes Data measured under the performance standards developed in consultation with the CoC(s) The County continues to make progress in its goal to end homelessness. Below is a table of the system- wide outcomes and efficiency measures developed in consultation with the CoC for winter and year- round emergency shelter with the FY 2017/18 results. September 25, 2018 BOS Minutes 600 CAPER 41 DRAFT dated 9/25/18 September 25, 2018 BOS Minutes 601 CAPER 42 DRAFT dated 9/25/18 CR-75 – Expenditures 11. Expenditures 11a. ESG Expenditures for Homelessness Prevention Dollar Amount of Expenditures in Program Year 2015 2016 2017 Expenditures for Rental Assistance 0 0 0 Expenditures for Housing Relocation and Stabilization Services - Financial Assistance 12,591 6,423 4,903 Expenditures for Housing Relocation & Stabilization Services - Services 5,879 2,672 8,031 Expenditures for Homeless Prevention under Emergency Shelter Grants Program 0 0 0 Subtotal Homelessness Prevention 18,470 9,095 12,934 Table 25 – ESG Expenditures for Homelessness Prevention 11b. ESG Expenditures for Rapid Re-Housing Dollar Amount of Expenditures in Program Year 2015 2016 2017 Expenditures for Rental Assistance 0 0 0 Expenditures for Housing Relocation and Stabilization Services - Financial Assistance 19,309 12,625 27,220 Expenditures for Housing Relocation & Stabilization Services - Services 45,660 44,655 53,341 Expenditures for Homeless Assistance under Emergency Shelter Grants Program 0 0 0 Subtotal Rapid Re-Housing 64,969 57,280 80,561 Table 26 – ESG Expenditures for Rapid Re-Housing 11c. ESG Expenditures for Emergency Shelter Dollar Amount of Expenditures in Program Year 2015 2016 2017 Essential Services 41,388 42,066 72,145 Operations 115,000 118,365 147,021 Renovation 0 0 0 September 25, 2018 BOS Minutes 602 CAPER 43 DRAFT dated 9/25/18 Major Rehab 0 0 0 Conversion 0 0 0 Subtotal 141,530 156,388 219,166 Table 27 – ESG Expenditures for Emergency Shelter 11d. Other Grant Expenditures Dollar Amount of Expenditures in Program Year 2015 2016 2017 Street Outreach 0 0 0 HMIS 0 0 0 Administration 20,763 22,047 27,298 Table 28 - Other Grant Expenditures 11e. Total ESG Grant Funds Total ESG Funds Expended 2015 2016 2017 737,121 260,590 248,853 339,959 Table 29 - Total ESG Funds Expended September 25, 2018 BOS Minutes 603 CAPER 44 DRAFT dated 9/25/18 11f. Match Source 2015 2016 2017 Other Non-ESG HUD Funds 123,865 191,693 164,076 Other Federal Funds 527,205 407,876 283,556 State Government 1,656,697 1,145,591 1,347,307 Local Government 664,109 692,265 578,710 Private Funds 605,152 624,119 740,453 Other 59,525 54,247 71,576 Fees 0 0 0 Program Income 0 0 0 Total Match Amount 3,636,553 3,115,791 3,185,678 Table 30 - Other Funds Expended on Eligible ESG Activities 11g. Total Total Amount of Funds Expended on ESG Activities 2015 2016 2017 11,109,295 3,897,143 3,364,644 3,525,637 Table 31 - Total Amount of Funds Expended on ESG Activities September 25, 2018 BOS Minutes 604 CAPER 45 DRAFT dated 9/25/18 Attachment A: eCart (ESG) September 25, 2018 BOS Minutes 605 CAPER 46 DRAFT dated 9/25/18 Attachment B: Completed and Ongoing Projects by Funding Category September 25, 2018 BOS Minutes 606 CAPER 47 DRAFT dated 9/25/18 September 25, 2018 BOS Minutes 607 CAPER 48 DRAFT dated 9/25/18 September 25, 2018 BOS Minutes 608 CAPER 49 DRAFT dated 9/25/18 September 25, 2018 BOS Minutes 609 CAPER 50 DRAFT dated 9/25/18 September 25, 2018 BOS Minutes 610 CAPER 51 DRAFT dated 9/25/18 September 25, 2018 BOS Minutes 611 CAPER 52 DRAFT dated 9/25/18 September 25, 2018 BOS Minutes 612 CAPER 53 DRAFT dated 9/25/18 September 25, 2018 BOS Minutes 613 CAPER 54 DRAFT dated 9/25/18 September 25, 2018 BOS Minutes 614 CAPER 55 DRAFT dated 9/25/18 September 25, 2018 BOS Minutes 615 CAPER 56 DRAFT dated 9/25/18 September 25, 2018 BOS Minutes 616 CAPER 57 DRAFT dated 9/25/18 September 25, 2018 BOS Minutes 617 CAPER 58 DRAFT dated 9/25/18 September 25, 2018 BOS Minutes 618 CAPER 59 DRAFT dated 9/25/18 September 25, 2018 BOS Minutes 619 CAPER 60 DRAFT dated 9/25/18 September 25, 2018 BOS Minutes 620 CAPER 61 DRAFT dated 9/25/18 September 25, 2018 BOS Minutes 621 CAPER 62 DRAFT dated 9/25/18 September 25, 2018 BOS Minutes 622 CAPER 63 DRAFT dated 9/25/18 September 25, 2018 BOS Minutes 623 CAPER 64 DRAFT dated 9/25/18 September 25, 2018 BOS Minutes 624 CAPER 65 DRAFT dated 9/25/18 September 25, 2018 BOS Minutes 625 Attachment C: CAPER Public Hearing Notice September 25, 2018 BOS Minutes 626 CAPER 67 DRAFT dated 9/25/18 Attachment D: CDBG Financial Summary Report September 25, 2018 BOS Minutes 627 CAPER 68 DRAFT dated 9/25/18 September 25, 2018 BOS Minutes 628 CAPER 69 DRAFT dated 9/25/18 September 25, 2018 BOS Minutes 629 CAPER 70 DRAFT dated 9/25/18 September 25, 2018 BOS Minutes 630 CAPER 71 DRAFT dated 9/25/18 September 25, 2018 BOS Minutes 631 CAPER 72 DRAFT dated 9/25/18 September 25, 2018 BOS Minutes 632 CAPER 73 DRAFT dated 9/25/18 September 25, 2018 BOS Minutes 633 CAPER 74 DRAFT dated 9/25/18 September 25, 2018 BOS Minutes 634 CAPER 75 DRAFT dated 9/25/18 September 25, 2018 BOS Minutes 635 CAPER 76 DRAFT dated 9/25/18 September 25, 2018 BOS Minutes 636