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HomeMy WebLinkAboutMINUTES - 11062018 -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 November 6, 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. B. CONFERENCE WITH LEGAL COUNSEL--EXISTING LITIGATION (Gov. Code, § 54956.9(d)(1)) Roger J. Canady II v. Contra Costa County, WCAB No. ADJ103555831. Nancy Rayl v. Contra Costa County, WCAB No. ADJ101494892. C. CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED LITIGATION Initiation of litigation pursuant to Gov. Code, § 54956.9(d)(4): two potential case 9:30 A.M. Call to order and opening ceremonies. Inspirational Thought- "Thankfulness creates gratitude which generates contentment that causes peace." ~Todd Stocker, pastor and writer Present: John Gioia, District I Supervisor; Candace Andersen, District II Supervisor; Diane Burgis, District III Supervisor; Karen Mitchoff, District IV Supervisor; Federal D. Glover, District V Supervisor Staff Present:David Twa, County Administrator Sharon Anderson, County Counsel CONSIDER CONSENT ITEMS (Items listed as C.1 through C.93 on the following agenda) – Items are subject to removalNovember 6, 2018 BOS Minutes 1 CONSIDER CONSENT ITEMS (Items listed as C.1 through C.93 on the following agenda) – Items are subject to removal from Consent Calendar by request of any Supervisor or on request for discussion by a member of the public. Items removed from the Consent Calendar will be considered with the Discussion Items.   PRESENTATIONS (5 Minutes Each)   PRESENTATION recognizing November 2018 as Adoption Awareness month in Contra Costa County. (Kathy Gallagher, Employment and Human Services Director)   PRESENTATION declaring November 11- 17, 2018 United Against Hate Week in Contra Costa County. (Supervisors Gioia and Glover)   PRESENTATION recognizing November 7, 2018 as the Contra Costa County Shelter-in-Place Education Day. (Tony Semenza, Executive Director of Contra Costa CAER)   PRESENTATION launching the 2018 "Contra Costa County Cares" Holiday Food Fight. (Larry Sly, Executive Director, Food Bank, Kate Sibley, Executive Assistant, LAFCO and Stacey Durocher, Human Resources Department)   DISCUSSION ITEMS   D. 1 CONSIDER Consent Items previously removed.    There were no items removed for discussion.   D. 2 PUBLIC COMMENT (2 Minutes/Speaker)    Pete Bennett, homeless member of Walnut Creek area, spoke on alleged physical attacks against himself and acquaintances, and requested the Board keep these occurances in mind, with compassion.   D.3 CONSIDER approving an Implementation Plan for Municipal Regional Permit 2.0, as recommended by the Transportation, Water and Infrastructure Committee, Countywide. (Tim Jensen, Contra Costa County Flood Control District)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover D.4 HEARING on the Impasse with Teamsters Local 856 regarding job specification revisions for Registered Dentist Assistant, Registered Dental Assistant-Project, and Lead Registered Dental Assistant Classifications; and, CONSIDER implementing revisions to specifications. (David Twa, County Administrator)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover D.5 CONSIDER adopting Resolution No. 2018/519 approving the Memorandum of Understanding between Contra Costa County and the California Nurses Association, implementing negotiated wage agreements and other economic terms and conditions of employment, for the period of October 1, 2018 through September 30, 2021. (David Twa, County Administrator)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover D.6 CONSIDER accepting the 2018 Other Post Employment Benefits Valuation Report as of January 1, 2018 and GASB 74/75 disclosures as of June 30, 2018. (Lisa Driscoll, County Finance Director)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane November 6, 2018 BOS Minutes 2   AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover D. 7 CONSIDER reports of Board members.    The Supervisors encouraged everyone to vote and expressed appreciation for the great efforts of the Clerk-Recorder Elections Divison.   Closed Session    By unanimous vote, the Board of Supervisors gave direction to provide amicus support to two federal cases, City of Chicago v. Sessions, (7th Cir.) Case No. 18-2885 and U.S. V. State of California , (9th Cir.) Case No. 18-16496, challenging the federal government's ability to force local cooperation with immigration enforcement activities.   ADJOURN in memory of Duane Chapman, Mental Health Commissioner and homeless advocate and for the 11 lives lost in the Pittsburgh Pennsylvania shooting    Tree of Life Synagogue (L'Simcha Congregation) Pittsburgh, Pennsylvania, October 27, 2018: Joyce Fienberg, Rich Gottfried, Rose Mallinger, Jerry Rabinowitz, Cecil Rosenthal, David Rosenthal, Bernice Simon, Sylvan Simon, Daniel Stein, Melvin Wax, Irving Younger Adjourned today's meeting at 1:15 p.m.   CONSENT ITEMS   Road and Transportation   C. 1 RESCIND Traffic Resolution No. 2018/4469 adopted on August 7, 2018, which prohibited parking on a portion of Trinity Avenue (Road No. 1655X), as recommended by the Public Works Director, Kensington area.        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 2 ADOPT the Addendum to the Mitigated Negative Declaration for the Kirker Pass Road Northbound Truck Climbing Lane Project in compliance with the California Environmental Quality Act, as recommended by the Public Works Director, Concord area. (13% Surface Transportation Improvement Program Funds, 6% One Bay Area Grant Local Streets and Roads Program Funds, 9% State Match Program Funds; 41% Local Road Funds, 29% Measure J Regional Funds, 2% Measure J Return to Source Funds)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 3 APPROVE and AUTHORIZE the Public Works Director, or designee, to execute a contract amendment with Mark Thomas & Company, Inc., effective November 6, 2018, to increase the payment limit by $15,000 to a new payment limit of $440,000 for professional engineering services for the Marsh Creek Road Bridge (Br. No. 28C-0141) Replacement Project, Clayton area. (89% Federal Highway Safety Improvement Program Funds and 11% Local Road Funds)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 4 APPROVE and AUTHORIZE the Public Works Director, or designee, to execute an agreement between Contra    November 6, 2018 BOS Minutes 3 C. 4 APPROVE and AUTHORIZE the Public Works Director, or designee, to execute an agreement between Contra Costa County and the City of Richmond for the construction of the Contra Costa County Local Streets and Roads Preservation Project, El Sobrante area. (75% One Bay Area Grant Program - Local Streets and Roads Preservation Program and 25% Local Road Funds)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 5 ADOPT Resolution No. 2018/533 to approve and authorize the Chair, Board of Supervisors, to execute a quitclaim deed, to summarily vacate and quitclaim a public service easement for electrical and power transmission purposes in property owned by Alves Ranch, LLC, in connection with the State Route 4 Lowering and Widening Willow Pass Grade Project, and take related actions under the California Environmental Quality Act, as recommended by the Public Works Director, Pittsburg area. (100% Applicant Fees)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Engineering Services   C. 6 ADOPT Resolution No. 2018/547 accepting completion of improvements for subdivision SD14-09328, for a project being developed by Shapell Industries, Inc., a Delaware Corporation, as recommended by the Public Works Director, San Ramon (Dougherty Valley) area. (No fiscal impact)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Special Districts & County Airports   C. 7 APPROVE and AUTHORIZE the Director of Airports, or designee, to execute a month-to-month hangar rental agreement with George Grech for a T-hangar at Buchanan Field Airport effective November 1, 2018 in the monthly amount of $394.10. (100% Airport Enterprise Fund)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 8 APPROVE and AUTHORIZE the Director of Airports, or designee, to execute a month-to-month hangar rental agreement with Delmar Humbert and Denise Humbert for a T-hangar at Buchanan Field Airport effective October 24, 2018 in the monthly amount of $394.10. (100% Airport Enterprise Fund)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Claims, Collections & Litigation   C. 9 DENY claims filed by Maria Artle, CSAA Insurance on behalf of Zachary Aragon, CSAA Insurance on behalf of Vladimir Katsnelson, Timothy Farley, F. Neal Eddy, Kelly O'Connell, Lisa Severs, Jedrek and Melissa Speer, and Sandra Wilson.        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Honors & Proclamations   C. 10 ADOPT Resolution No. 2018/542 launching the 2018 "Contra Costa County Cares" Holiday Food Fight, as    November 6, 2018 BOS Minutes 4 C. 10 ADOPT Resolution No. 2018/542 launching the 2018 "Contra Costa County Cares" Holiday Food Fight, as recommended by the County Administrator.        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 11 ADOPT Resolution No. 2018/544 recognizing November 2018 as Adoption Awareness month, as recommended by the Employment and Human Services Director.        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 12 Acting as the Board of Directors of the Crockett-Carquinez Fire Protection District, ADOPT Resolution No. 2018/553 recognizing Crockett-Carquinez Fire Protection District Advisory Fire Commissioner Fred Maria on the occasion of his retirement, as recommended by Director Glover.        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 13 ADOPT Resolution No. 2018/559 declaring November 11-17, 2018 United Against Hate Week in Contra Costa County, as recommended by Supervisors Gioia and Glover.        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 14 ADOPT Resolution No. 2018/558 proclaiming November 7, 2018 as the Contra Costa County Shelter-in-Place Education Day, as recommended by the Health Services Director.        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Hearing Dates   C. 15 FIX a public hearing for December 11, 2018, to consider adopting Resolution No. 2018/556 to adopt a new Fines and Charges Schedule for the Contra Costa County Library effective January 1, 2019, as recommended by the County Librarian.        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Appointments & Resignations   C. 16 APPOINT Ronald Cortez to County Service Area P-2A Citizen Advisory Committee to a term expiring December 31, 2019, as recommended by Supervisor Burgis.        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 17 DECLARE vacant the Appointee 4 seat on the Discovery Bay P-6 Citizen Advisory Committee, as recommended by Supervisor Burgis.        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 18 ACCEPT the resignation of Jackelynn Campos from the Family and Children's Trust Committee, Mental    November 6, 2018 BOS Minutes 5 C. 18 ACCEPT the resignation of Jackelynn Campos from the Family and Children's Trust Committee, Mental Health Seat, DECLARE the vacancy and DIRECT the Clerk of the Board to post the vacancy, as recommended by the Employment and Human Services Director.        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 19 APPOINT Dayanna Macias-Carlos to the At Large 3 seat, Lanita Mims to the At Large 4 seat, and Hannah Brown to the At Large 5 seat on the Commission for Women, as recommended by the County Administrator.        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 20 APPOINT Joan M. D'Onofrio to the At Large 3 seat and Lanita L. Mims to the At Large 4 seat on the Arts and Culture Commission of Contra Costa County, as recommended by the Family and Human Services Committee.        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 21 APPOINT Olga Jones to the At Large 5 seat on the Family and Children's Trust Committee, as recommended by the Family and Human Services Committee.        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 22 APPROVE the medical staff appointments, affiliations and advancements as recommend by the Medical Staff Executive Committee and the Health Services Director.        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 23 APPOINT Karen Garcia to the Unincorporated Resident Seat 4 on the North Richmond Municipal Advisory Council, as recommended by Supervisor Gioia.        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 24 APPOINT Cloudell Douglas to the District 1 Public Sector seat of the Economic Opportunity Council, as recommended by Supervisor Gioia.        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Appropriation Adjustments   C. 25 Sheriff's Office (0255): APPROVE Appropriation and Revenue Adjustment No. 5018 increasing fiscal year 2018/19 revenue and appropriations in the Sheriff's Office (0255) in the amount of $100,000 to reflect anticipated revenue and expenditures associated with the purchase of Primary Disaster and Recovery licenses. (100% CAL-ID Fund)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 26 Facilities Maintenance (4031)/ISF Fleet Services (4284): APPROVE Appropriation and Revenue Adjustment No.5020 and AUTHORIZE the transfer of appropriations in the amount of $140,000 from Facilities Maintenance to ISF Fleet Services for the purchase of four vehicles, as recommended by the Public Works Director, Countywide. (100% General Fund)      November 6, 2018 BOS Minutes 6   AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 27 Sheriff (0255): APPROVE Appropriation and Revenue Adjustment No. 5021 to authorize revenue in the amount of $148,442 from accumulated depreciation and appropriate to purchase one replacement prisoner transport bus for the Office of the Sheriff, as recommended by the Public Works Director, Countywide. (100% General Fund)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 28 Sheriff's Office (0255):APPROVE Appropriations and Revenue Adjustment No. 5022 authorizing new revenue in the amount of $124,000 to provide replacement and expansion of computer hardware equipment and software licenses for Automated Regional Information Exchange System. (100% Federal)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Personnel Actions   C. 29 ADOPT Position Adjustment Resolution No. 22374 to add one Clerk-Senior Level position (represented) and cancel one Account Clerk - Experienced Level position (represented) in the Health Services Department. (100% HMO Enterprise Fund)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 30 ADOPT Position Adjustment Resolution No. 22375 to add one Clerk Specialist- Level position (Represented) and cancel one Secretary Journey-Level position (Represented), in the Health Services Department. (100% HMO Enterprise Fund)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 31 ADOPT Position Adjustment Resolution No. 22376 to add three Substance Abuse Counselor positions (represented) in the Health Services Department. (100% SAMHWorks, Family Dependency Court and AB 109)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 32 ADOPT Position Adjustment Resolution No. 22377 to add two Community Health Worker I positions (represented) and one Community Health Worker II position (represented) in the Health Services Department (100% Driving Under the Influence, SAMHWorks, Substance Abuse Block Grant)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 33 ADOPT Position Adjustment Resolution No. 22348 to add one Network Technician I (represented) position and cancel one Network Administrator I (represented) position in the Department of Information Technology. (Cost savings)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Leases   C. 34 APPROVE and AUTHORIZE the Public Works Director, or designee, to execute a lease amendment and an    November 6, 2018 BOS Minutes 7 C. 34 APPROVE and AUTHORIZE the Public Works Director, or designee, to execute a lease amendment and an amended work letter with the City of Brentwood to increase funding for leasehold improvements from $248,800 to $709,800 and extend the term of the lease from ten years to twenty years for the Sheriff’s substation to be located at 9100 Brentwood Blvd, Brentwood. (100% General Fund).        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Grants & Contracts   APPROVE and AUTHORIZE execution of agreements between the County and the following agencies for receipt of fund and/or services:   C. 35 APPROVE and AUTHORIZE the Agricultural Commissioner, or designee, to execute a contract with the California Department of Food and Agriculture in an amount not to exceed $65,040 to provide regulatory compliance and enforcement activities related to the Sudden Oak Death Program for the period July 1, 2018 through June 30, 2019. (No County match)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 36 APPROVE and AUTHORIZE the Employment and Human Services Director, or designee, to execute a contract amendment with the California Department of Education, effective November 1, 2018, to increase the payment limit by $179,943 to a new payment limit of $3,734,214 for general childcare and development program services with no change to the term July 1, 2018 through June 30, 2019. (No County match)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 37 APPROVE and AUTHORIZE the Employment and Human Services Director, or designee, on behalf of the Workforce Development Board, Small Business Development Center, to apply for and accept grant funding in an amount not to exceed $5,000 from US Bank, for small business advising to low-to-moderate income current and aspiring business owners in the County for the period January 1, 2019 through December 31, 2019. (No County match)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 38 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract containing mutual indemnification with the County of Alameda, acting as administrator for the Ryan White HIV/AIDS Treatment Modernization Act grant, to pay Contra Costa County an amount not to exceed $1,358,235 for coordination of essential services to Contra Costa County residents with HIV disease and their families, for the period March 1, 2018 through February 28, 2019. (No County match)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 39 APPROVE and AUTHORIZE the Employment and Human Services Director, or designee, to execute a contract amendment with the California Department of Education, effective November 1, 2018 to increase the payment limit by $545,953 to a new payment limit of $10,813,253, to provide State Preschool services, with no change in the term of July 1, 2018 through June 30, 2019. (No County match)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 40 APPROVE and AUTHORIZE the Conservation and Development Director, or designee, to apply for and    November 6, 2018 BOS Minutes 8 C. 40 APPROVE and AUTHORIZE the Conservation and Development Director, or designee, to apply for and accept grant funding in an amount not to exceed $350,000 from the California Department of Transportation's Sustainable Communities Planning Grant Program for the purpose of creating a detailed roadway inventory which will identify expedited opportunities to construct new or enhanced bikeways and sidewalks, as recommended by the Transportation, Water and Infrastructure Committee. (12% Match: 44% Measure J, 44% Road Fund)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 41 ADOPT Resolution No. 2018/554 authorizing the Sheriff-Coroner, or designee, to apply for and accept State Homeland Security Grant Program funds in an initial amount of $1,215,214 from the California Governor’s Office of Emergency Services, make required grant assurances and authorize specified Sheriff’s Office officials to act on behalf of the County to obtain funding for the period of September 1, 2018 through the end of grant fund availability. (100% Federal)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 42 APPROVE and AUTHORIZE the Sheriff-Coroner, or designee, to execute a contract with the City and County of San Francisco, including full indemnification of the City and County of San Francisco, to pay the County an amount not to exceed $687,830 as part of the 2018 U.S. Department of Homeland Security, Urban Area Security Initiative Grant for homeland security related projects within the County for the period November 1, 2018 through the end of the grant funding. (100% Federal)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 43 APPROVE and AUTHORIZE the Health Services Director, or designee, to apply to the State of California Department of Justice for funding in an amount not to exceed $1,186,646 to provide tobacco prevention outreach services for residents of Contra Costa County for the period November 1, 2018 through June 30, 2021. (No County match)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover APPROVE and AUTHORIZE execution of agreement between the County and the following parties as noted for the purchase of equipment and/or services:   C. 44 APPROVE and AUTHORIZE the Sheriff-Coroner, or designee, to execute a contract with Starzyk Instructional Services in an amount not to exceed $430,000 to provide specialized instructional services for the period September 1, 2018 through December 31, 2021. (100% Law Enforcement Training Center Enterprise funds)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 45 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Semon Bader, M.D., in an amount not to exceed $288,000 to provide orthopedic services at Contra Costa Regional Medical Center and Health Centers for the period January 1 through December 31, 2019. (100% Hospital Enterprise Fund I)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 46 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Applied Remedial Services, Inc., in an amount not to exceed $495,000 to provide removal and disposal of hazardous waste materials for the Contra Costa Regional Medical Center and Health Centers for the period January 1 through December 31, 2019. (100% Hospital Enterprise Fund I)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane November 6, 2018 BOS Minutes 9   AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 47 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Peter A. Castillo, M.D., Inc., in an amount not to exceed $759,000 to provide urogynecology services at the Contra Costa Regional Medical Center and Health Centers for the period December 1, 2018 through November 30, 2021. (100% Hospital Enterprise Fund I)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 48 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Urmila Bajpai-Pillai, M.D., in an amount not to exceed $712,000 to provide rheumatology care at the Contra Costa Regional Medical Center and Health Centers for the period November 1, 2018 through October 31, 2021. (100% Hospital Enterprise Fund I)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 49 APPROVE and AUTHORIZE the Sheriff-Coroner, or designee, to execute a contract amendment with Gemalto Cogent Inc., to extend the term from December 31, 2018 through December 31, 2020 with no change to the payment limit, to provide software services for the Automated Fingerprint Identification System. (No fiscal impact)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 50 APPROVE and AUTHORIZE the Employment and Human Services Director, or designee, to execute a contract amendment with Martinez Early Childhood Center, effective November 1, 2018 to increase the payment limit by $30,150 to a new payment limit of $278,150 to provide Early Head Start and Head Start program enhancement services with no changes to term July 1, 2018 through June 30, 2019. (100% Federal)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 51 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a novation contract with Anka Behavioral Health, Inc., in an amount not to exceed $710,797 to provide mental health outreach and support services for homeless and disabled mentally ill adults at the Don Brown Shelter in East Contra Costa County 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 $355,398. (80% Substance Abuse and Mental Health Services Administration; 20% Project for Assistance in Transition from Homelessness Grant)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 52 APPROVE and AUTHORIZE the Auditor-Controller, or designee, to pay an amount not to exceed $167,801 to BHC Fremont Hospital, Inc., for the provision of psychiatric treatment services including diagnostic and therapeutic services and mental health treatment for the period March 15 through June 30, 2018. (100% Mental Health Realignment)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 53 APPROVE and AUTHORIZE the Employment and Human Services Director, or designee, to execute a contract amendment with Robert Half International, Inc., effective November 15, 2018, to increase the payment limit by $628,390 to a new payment limit of $3,214,615 to provide additional temporary help for technology initiative services and additional personnel and fiscal support and extend the term from December 31, 2018 to June 30, 2019. (48% State, 42% Federal, 10% County)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane November 6, 2018 BOS Minutes 10   AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 54 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with LaMorinda ENT, Face & Neck Surgery, Inc., in an amount not to exceed $600,000 to provide otolaryngology services for Contra Costa Health Plan members and county recipients for the period October 1, 2018 through September 30, 2019. (100% Contra Costa Health Plan Enterprise Fund II)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 55 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Philip R. Mill, O.D. & Michael D. Sutton, O.D., Inc., A Professional Corporation in an amount not to exceed $125,000 to provide optometry services to Contra Costa Health Plan members and county recipients for the period November 1, 2018 through October 31, 2020. (100% Contra Costa Health Plan Enterprise Fund II)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 56 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Parham Gharagozlou, M.D., Inc., in an amount not to exceed $2,000,000 to provide primary care and sleep study services to Contra Costa Health Plan members and county recipients for the period November 1, 2018 through October 31, 2020. (100% Contra Costa Health Plan Enterprise Fund II)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 57 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract amendment effective November 1, 2018 with Clarity Software Solutions, Inc., to increase the payment limit by $218,000 to a new payment limit of $7,718,000 to provide additional printing services for the Contra Costa Health Plan, for the period July 1, 2017 through June 30, 2020. (100% Contra Costa Health Plan Enterprise Fund II)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 58 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract containing modified indemnification with Verscend Technologies, Inc., in an amount not to exceed $175,000 to provide a license to use healthcare encounter data software and consultation services for Contra Costa Health Plan for the period November 1, 2018 through October 31, 2019. (100% Contra Costa Health Plan Enterprise Fund II)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 59 APPROVE and AUTHORIZE the County Administrator, or designee, to execute a contract amendment with Milliman, Inc., effective September 30, 2018 to extend the term of the agreement from September 30, 2018 through January 30, 2019. (No additional fiscal impact)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 60 APPROVE and AUTHORIZE the Employment and Human Services Director, or designee, to execute a contract amendment with Richmond Community Foundation, a non-profit corporation of California, effective November 1, 2018, to increase the payment limit by $54,725 to a new payment limit of $193,620, to provide SparkPoint Career Center and Volunteer Tax Services to low-income Bay Point residents, for the period July 1, 2018 through June 30, 2019. (5% County, 21% State, 74% Federal)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 61    November 6, 2018 BOS Minutes 11 C. 61 APPROVE and AUTHORIZE the Purchasing Agent to execute, on behalf of the Health Services Director, a purchase order with Hyland Software, Inc., in an amount not to exceed $161,586 for annual software maintenance of OnBase document management and image scanning software, for the period January 1 through December 31, 2019. (100% Hospital Enterprise Fund I)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 62 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Mental Health Systems, Inc., in an amount not to exceed $2,074,420 to provide Mental Health Services Act assisted outpatient treatment and assertive community treatment for eligible adults in Contra Costa County 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 $1,037,210. (35% Federal Medi-Cal and 65% State Mental Health Services Act)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 63 APPROVE and AUTHORIZE the Purchasing Agent to execute, on behalf of the Health Services Director, a purchase order amendment with IPC, Inc., (dba IPC, Inc./Gritekram), to increase the payment limit by $20,000 to a new payment limit of $119,000 for non-latex tourniquet bands for the Clinical Laboratory at the Contra Costa Regional Medical Center, for the period November 1, 2015 through December 31, 2018. (100% Hospital Enterprise Fund I)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 64 APPROVE and AUTHORIZE the Purchasing Agent to execute, on behalf of the Health Services Director, a purchase order with IPC Inc., (dba IPC, Inc. /Gritekram), in an amount not to exceed $120,000 for the purchase of non-latex tourniquet bands for the Clinical Laboratory at the Contra Costa Regional Medical Center for the period January 1, 2018 through December 31, 2021. (100% Hospital Enterprise Fund I)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 65 APPROVE and AUTHORIZE the Purchasing Agent to execute, on behalf of the Health Services Director, a purchase order amendment with Optiv Security, Inc., to increase the payment limit by $44,739 to a new payment limit of $304,739 for Proofpoint email protection software and support for the period November 8, 2016 through November 7, 2019. (100% Hospital Enterprise Fund I)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 66 APPROVE and AUTHORIZE the Purchasing Agent to execute, on behalf of the Health Services Director, a purchase order with Groupware Technology, Inc., in an amount not to exceed $168,788 for maintenance and support of Rubrik appliances and software for the period January 3, 2019 through January 30, 2020. (100% Hospital Enterprise Fund I)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 67 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with DocuStream, Inc., in an amount not to exceed $1,075,000 to provide claims processing services for the Contra Costa Health Plan and Behavioral Health Services Division for the period November 1, 2018 through October 31, 2019. (80% Contra Costa Health Plan Enterprise Fund II; 20% Mental Health Services Act Funds)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 68 APPROVE and AUTHORIZE the Purchasing Agent to execute, on behalf of the Health Services Director, a    November 6, 2018 BOS Minutes 12 C. 68 APPROVE and AUTHORIZE the Purchasing Agent to execute, on behalf of the Health Services Director, a purchase order with Stryker Sales Corporation in an amount not to exceed $1,000,000 for the purchase of endoscopic supplies and products for the operating room at the Contra Costa Regional Medical Center 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 III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 69 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with IG Insight Global, Inc., in an amount not to exceed $220,000 to provide management consulting and training in areas of leadership, teamwork and organizational health for the period June 1, 2018 through May 31, 2019. (100% Hospital Enterprise Fund I)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 70 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract amendment effective November 1, 2018 with William E. Berlingieri, M.D., to increase the payment limit by $11,520 to a new payment limit of $356,480 to provide additional outpatient psychiatric services to mentally ill adults in West Contra Costa County for the period January 1 through December 31, 2018. (100% Mental Health Services Act)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 71 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Man Kong Leung, M.D., Inc., in an amount not to exceed $300,000 to provide neurology and sleep medicine services for Contra Costa Health Plan members and county recipients for the period November 1, 2018 through October 31, 2020. (100% Contra Costa Health Plan Enterprise Fund II)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 72 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Martha D. Newman in an amount not to exceed $250,000 to provide consultation and technical assistance to Contra Costa Regional Medical and Health Centers on the Public Hospital Redesign and Incentives in Medi-Cal Program for the period December 1, 2018 through November 30, 2019. (100% Hospital Enterprise Fund I)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 73 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Shadelands Endovascular, LLC, in an amount not to exceed $700,000 to provide ambulatory surgery center services for Contra Costa Health Plan members and county recipients for the period November 1, 2018 through October 31, 2020. (100% Contra Costa Health Plan Enterprise Fund II)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 74 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Arthritis & Rheumatology Medical Associates, Inc., in an amount not to exceed $750,000 to provide rheumatology services to Contra Costa Health Plan members and county recipients for the period November 1, 2018 through October 31, 2020. (100% Contra Costa Health Plan Enterprise Fund II)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 75 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Healogics    November 6, 2018 BOS Minutes 13 C. 75 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Healogics Specialty Physicians of California, PC, in an amount not to exceed $250,000 to provide wound care services for Contra Costa Health Plan members and county recipients for the period November 1, 2018 through October 31, 2020. (100% Contra Costa Health Plan Enterprise Fund II)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 76 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Muir Orthopaedic Specialists, A Medical Group, Inc., in an amount not to exceed $4,000,000 to provide orthopedic surgery and physical therapy services to Contra Costa Health Plan members for the period November 1, 2018 through October 31, 2019. (100% Contra Costa Health Plan Enterprise Fund II)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 77 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Nazar Aryaei (dba AA Cab Company), in an amount not to exceed $600,000 to provide non-emergency taxicab transportation services for 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 III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 78 APPROVE and AUTHORIZE the Purchasing Agent to execute, on behalf of the Health Services Director, an End User License Agreement and Terms of Support Agreement, including modified indemnification language, with Extreme Networks, Inc.; and a purchase order with Optiv Security, Inc., in an amount not to exceed $44,144 for renewal of Extreme hardware maintenance services for the period July 8, 2018 through July 7, 2019. (100% Hospital Enterprise Fund I)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 79 APPROVE and AUTHORIZE the Purchasing Agent to execute, on behalf of the Health Services Director, a purchase order with The Sourcing Group, LLC, in an amount not to exceed $800,000 for medical and other forms for the Contra Costa Regional Medical Center and Health Centers for the period November 1, 2018 through October 31, 2020. (100% Hospital Enterprise Fund I)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 80 APPROVE and AUTHORIZE the Purchasing Agent, on behalf of the County Administrator's Office, to execute (1) a Purchase Order with Skuid, Inc. in an amount not to exceed $9,622.80 for the purchase of software application services for the AB 109 Community Programs, for the period from October 8, 2018 through October 7, 2019, and (2) a Master Subscription Agreement with Skuid, Inc., including modified indemnification language. (100% AB 109 Public Safety Realignment)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 81 Acting as the Board of Commissioners of the Housing Authority of Contra Costa County, APPROVE project design and specifications; AWARD, and AUTHORIZE the Housing Authority Executive Director to execute, a contract in the amount of $749,459 to Garland/DBS, Inc., for roof, heating, ventilation and air conditioning replacement at the Section 8 Office Building, located at 2870 Howe Road in Martinez; and ADOPT related findings under the California Environmental Quality Act. (100% U.S. Department of Housing and Urban Development)       RELISTED to November 13, 2018.   Other Actions November 6, 2018 BOS Minutes 14 Other Actions   C. 82 APPROVE the 2017 Annual Crop Report and AUTHORIZE the Agricultural Commissioner, or designee, to submit the publication to the California Department of Food and Agriculture, as recommended by the Agricultural Commissioner. (No fiscal impact)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 83 ADOPT Resolution No. 2018/551 implementing Revenue and Taxation Code section 5105 in the County for all property tax refunds that are not based on an underlying application for changed assessment, as recommended by the Treasurer-Tax Collector. (100% General Fund)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 84 ACKNOWLEDGE receipt of notice from David R. Ruecker requesting termination of his contract, for the provision of outpatient psychiatric care for seriously emotionally disturbed children and adolescents in Central Contra Costa County, effective at the end of the workday on September 30, 2018, as recommended by the Health Services Director.        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 85 RECEIVE and ACCEPT the 2017 Annual Report by the Bethel Island Municipal Advisory Council, as recommended by Supervisor Burgis.        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 86 RECEIVE and ACCEPT the 2017 Annual Report submitted by the Byron Municipal Advisory Council, as recommended by Supervisor Burgis.        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 87 RECEIVE and ACCEPT the 2017 Annual Report submitted by the Knightsen Town Advisory Council, as recommended by Supervisor Burgis.        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 88 ADOPT Resolution No. 2018/543, to increase the size of the Los Medanos Health Advisory Committee to seven members, as recommended by the County Administrator. (No fiscal impact)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 89 ACCEPT the September 2018 update of the operations of the Employment and Human Services Department, Community Services Bureau, as recommended by the Employment and Human Services Director.        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 90 APPROVE the delegation of authority to the County Treasurer for investing and reinvesting County funds and the funds of other depositors in the County treasury, or to sell or exchange securities so purchased, pursuant to section 53607 of the State Government Code.        November 6, 2018 BOS Minutes 15   AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 91 ADOPT Resolution No. 2018/557 declaring a shelter crisis, pursuant to Government Code 8698.2; and AUTHORIZE the Health Services Director, or designee, to submit an application to the State of California Business, Consumer Services, and Housing Agency for the Homeless Emergency Aid Program for emergency aid funds to expand and improve the homeless crisis response system for unsheltered individuals and families across the county. (No County match)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 92 ACCEPT the 2017/18 Animal Benefit Fund report, as recommended by the Internal Operations Committee.       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 93 CONTINUE the emergency action originally taken by the Board of Supervisors on November 16, 1999, and most recently approved by the Board on October 23, 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 III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover   GENERAL INFORMATION The Board meets in all its capacities pursuant to Ordinance Code Section 24-2.402, including as the Housing Authority and the Successor Agency to the Redevelopment Agency. Persons who wish to address the Board should complete the form provided for that purpose and furnish a copy of any written statement to the Clerk. Any disclosable public records related to an open session item on a regular meeting agenda and distributed by the Clerk of the Board to a majority of the members of the Board of Supervisors less than 72 hours prior to that meeting are available for public inspection at 651 Pine Street, First Floor, Room 106, Martinez, CA 94553, during normal business hours. All matters listed under CONSENT ITEMS are considered by the Board to be routine and will be enacted by one motion. There will be no separate discussion of these items unless requested by a member of the Board or a member of the public prior to the time the Board votes on the motion to adopt. Persons who wish to speak on matters set for PUBLIC HEARINGS will be heard when the Chair calls for comments from those persons who are in support thereof or in opposition thereto. After persons have spoken, the hearing is closed and the matter is subject to discussion and action by the Board. Comments on matters listed on the agenda or otherwise within the purview of the Board of Supervisors can be submitted to the office of the Clerk of the Board via mail: Board of Supervisors, 651 Pine Street Room 106, Martinez, CA 94553; by fax: 925-335-1913. The County will provide reasonable accommodations for persons with disabilities planning to attend Board meetings who contact the Clerk of the Board at least 24 hours before the meeting, at (925) 335-1900; TDD (925) 335-1915. An assistive listening device is available from the Clerk, Room 106. Copies of recordings of all or portions of a Board meeting may be purchased from the Clerk of the Board. Please telephone the Office of the Clerk of the Board, (925) 335-1900, to make the necessary arrangements. Forms are available to anyone desiring to submit an inspirational thought nomination for inclusion on the Board Agenda. Forms may be obtained at the Office of the County Administrator or Office of the Clerk of the Board, 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 November 6, 2018 BOS Minutes 16 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 TBD TBD See above Family & Human Services Committee November 26, 2018 Canceled Special Meeting December 3, 2018 9:00 a.m.See above Finance Committee November 26, 2018 Canceled Special Meeting December 3, 2018 1:00 p.m.Room 108 Hiring Outreach Oversight Committee December 3, 2018 1:00 p.m.See above Internal Operations Committee November 12, 2018 Canceled December 10, 2018 1:00 p.m.See above Legislation Committee December 10, 2018 10:30 a.m.See above Public Protection Committee Special Meeting November 13, 2018 4:00 p.m.See above Transportation, Water & Infrastructure Committee November 12, 2018 Canceled Special Meeting November 8, 2018 3:00 p.m.See above PERSONS WHO WISH TO ADDRESS THE BOARD DURING PUBLIC COMMENT OR WITH RESPECT TO AN ITEM THAT IS ON THE AGENDA, MAY BE LIMITED TO TWO (2) MINUTES A LUNCH BREAK MAY BE CALLED AT THE DISCRETION OF THE BOARD CHAIR AGENDA DEADLINE: Thursday, 12 noon, 12 days before the Tuesday Board meetings. Glossary of Acronyms, Abbreviations, and other Terms (in alphabetical order): Contra Costa County has a policy of making limited use of acronyms, abbreviations, and industry-specific language in its Board of Supervisors meetings and written materials. Following is a list of commonly used language that may appear in oral presentations and written materials associated with Board meetings: November 6, 2018 BOS Minutes 17 AB Assembly Bill ABAG Association of Bay Area Governments ACA Assembly Constitutional Amendment ADA Americans with Disabilities Act of 1990 AFSCME American Federation of State County and Municipal Employees AICP American Institute of Certified Planners AIDS Acquired Immunodeficiency Syndrome ALUC Airport Land Use Commission AOD Alcohol and Other Drugs ARRA American Recovery & Reinvestment Act of 2009 BAAQMD Bay Area Air Quality Management District BART Bay Area Rapid Transit District BayRICS Bay Area Regional Interoperable Communications System BCDC Bay Conservation & Development Commission BGO Better Government Ordinance BOS Board of Supervisors CALTRANS California Department of Transportation CalWIN California Works Information Network CalWORKS California Work Opportunity and Responsibility to Kids CAER Community Awareness Emergency Response CAO County Administrative Officer or Office CCCPFD (ConFire) Contra Costa County Fire Protection District CCHP Contra Costa Health Plan CCTA Contra Costa Transportation Authority CCRMC Contra Costa Regional Medical Center CCWD Contra Costa Water District CDBG Community Development Block Grant CFDA Catalog of Federal Domestic Assistance CEQA California Environmental Quality Act CIO Chief Information Officer COLA Cost of living adjustment ConFire (CCCFPD) Contra Costa County Fire Protection District CPA Certified Public Accountant CPI Consumer Price Index CSA County Service Area CSAC California State Association of Counties CTC California Transportation Commission dba doing business as DSRIP Delivery System Reform Incentive Program EBMUD East Bay Municipal Utility District ECCFPD East Contra Costa Fire Protection District EIR Environmental Impact Report EIS Environmental Impact Statement EMCC Emergency Medical Care Committee EMS Emergency Medical Services EPSDT Early State Periodic Screening, Diagnosis and Treatment Program (Mental Health) et al. et alii (and others) FAA Federal Aviation Administration 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 November 6, 2018 BOS Minutes 18 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) TRE or TTE Trustee TWIC Transportation, Water and Infrastructure Committee UASI Urban Area Security Initiative VA Department of Veterans Affairs vs. versus (against) WAN Wide Area Network WBE Women Business Enterprise WCCTAC West Contra Costa Transportation Advisory Committee November 6, 2018 BOS Minutes 19 RECOMMENDATION(S): APPROVE Implementation Plan for Municipal Regional Permit 2.0, as recommended by the Transportation, Water and Infrastructure Committee (Committee), Countywide. FISCAL IMPACT: It has been determined there are no additional resources available from the general fund to help pay for permit compliance. The Implementation Plan includes a budget that outlines funding for permit activities commensurate with revenue available from Stormwater Utility Assessment funds, the Local Road Funds, and Flood Control Funds. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/06/2018 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Tim Jensen 925-313-2390 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 6, 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:Transportation Water and Infrastructure Committee Date:November 6, 2018 Contra Costa County Subject:Approve Implementaion Plan for Municipal Regional Permit 2.0, Countywide November 6, 2018 BOS Minutes 20 BACKGROUND: The Committee and Board have received extensive information on several occasions concerning the fiscal impacts of implementing the Municipal Regional Permit (MRP) 2.0. Staff estimated it will cost approximately $5 million annually to comply with all the provisions in the permit (not including PCB load reduction costs). However, the County only receives about $3.2 million each year in discretionary revenue for stormwater related services and projects (Stormwater Utility Assessments), and there are currently no additional resources available from the General Fund. Staff identified $510,000 of local road funds and $75,000 of flood control funds that could be used to help pay for program activities. It should be noted that if the gas tax is repealed, any contribution from the Local Road Fund would have to be reconsidered and likely removed. There are insufficient funds to close the $1.2 million gap between available revenue and estimated expenditures. As a result, staff has prepared an Implementation Plan that identifies permit tasks that will be completed as well as those tasks that will not be completed during the permit term. It should be noted that, although some tasks will not be completed within the permit timeline, there is still a commitment to complete them eventually. This report outlines the steps staff took to develop the Implementation Plan and arrive at the recommendations. The key steps in developing the Plan were identifying objectives, a business approach, potential service reductions, tier selection criteria, and task prioritization. Staff also understands the priorities of the Regional Board, meeting often with Regional Board staff to discuss implementation issues and attending their Board meetings that feature implementation items. Plan Objectives. A primary objective is to maximize effectiveness of permit compliance, so our work truly improves water quality. Even though the County does not currently have sufficient funds to complete every task, we want to show the Regional Board that we are committed to improving water quality and working hard to do so. We welcome taking a leadership role in resolving difficult issues, as long as the Regional Board acknowledges that resolution to these issues may take longer than expected. Our primary focus is to identify key tasks we must complete, but also identify some amount of work that will be done on all other tasks. An important message is work will be done on all tasks but not all tasks will be completed within the permit timeline. Task Prioritization. Staff identified all of the MRP 2.0 tasks and prioritized them using the following criteria: Maximizing pollution removal Realizing co-benefits and benefits to the community, and improving community value Maximizing program effectiveness (staff resources, program objectives, program costs) Matching Regional Board priorities The prioritized list of tasks was divided into three tiers, Tier 1 being top priority and Tier 3 being low priority. Tier 1 tasks will receive full funding, Tier 2 tasks will receive substantial funding, and Tier 3 tasks will receive limited funding. Attached is a list of the 13 tasks and their ranking (Exhibit 3). Since trash reduction is a top priority for the Regional Board, we have made trash related tasks a top priority as well, with most in the Tier 1 category. Also attached is the Implementation Plan and a supporting budget showing the costs for each task (Exhibits 1 and 2). November 6, 2018 BOS Minutes 21 task (Exhibits 1 and 2). Service Reductions/Savings. Aside from the MRP 2.0 tasks, there are other baseline tasks and services that have been part of the program for many years. Staff reviewed all of the tasks, services and programs that are funded with Stormwater Utility Assessment funds and determined which services could be reduced. In addition, staff reviewed tasks, services or programs that could be funded from other revenue sources. The service reductions and funding enhancements are shown below: Street Sweeping. Transfer street sweeping to the Road Fund. This would likely not occur if the gas tax is modified. < > Reduce inspections by 50%.< > Reduce the Public Information and Participation Program by 50%.< > Eliminate the annual calendar.The attached budget (Exhibit 2) includes these service reductions and funding shifts, with the savings shown in the "Difference" column. Implementation Plan. Staff recommends approval of a tiered approach to meeting MRP 2.0 requirements, with full focus and full funding on Tier 1 tasks and reduced funding and focus, but commitment to eventually complete, Tier 2 and Tier 3 tasks. Timelines for deferred completion will be developed in light of budgets, staffing, and future MRP 3.0 requirements anticipated. Once the Implementation Plan is approved, staff will meet with Regional Board staff to discuss the proposed plan and the County’s approach in implementing the proposed plan. Consequences of Non-Compliance. As stated earlier in this report, there is a funding gap of approximately $1.2 million between revenue and estimated costs of compliance. This funding gap could grow to $1.7 million if Road Funds cannot be used to help pay for some implementation tasks. It should be noted that the estimated $5 million cost of compliance cited above does not include the cost to reduce PCB loads through green infrastructure. Those additional costs could be tens of millions of dollars. (We are assuming that all PCB load reduction will be performed by or paid by developers or other local project funds for roads, buildings, parks, etc.) So, the $1.2 million funding gap could be much larger depending on local funds available and project timing. Given there is a funding gap of at least $1.2 million, permit non-compliance is likely. Non-compliance can lead to fines and third-party lawsuits. The Regional Board must issue the County a stormwater permit as required by and with authority from the Environmental Protection Agency and the federal Clean Water Act. The Regional Board also has authority to issue permits through State statute that is, in many cases, more stringent than the Clean Water Act. When a permittee is in non-compliance, the Regional Board can issue a Notice of Violation and levy fines of $37,500 per violation per day through federal authority, and $10,000 per violation per day through State authority. The County would likely be facing multiple violations. The largest exposure from non-compliance, however, is from third party lawsuits. If the Regional Board finds the County in non-compliance it is highly likely the County would lose any third party lawsuit and face a very expensive settlement agreement or court decision. These same risks have been in play since the County entered its first permit. The November 6, 2018 BOS Minutes 22 County’s Public Works Department has been working collaboratively with the Regional Board and Bay Area clean water advocacy groups to educate and inform them of the constraints on our ability to both meet the requirements of the permit and to commit proper funding to permit compliance. So far, those parties have been understanding and taken our plight into consideration. Thus, we anticipate that any concerns raised by those parties in response to our Implementation Plan will be communicated to us with an opportunity to make adjustments. Those adjustments may entail returning to the Committee and/or Board of Supervisors with a request to consider more aggressive options, such as more funding. Staff will report back to the Committee at least annually as the Implementation Plan moves forward. CONSEQUENCE OF NEGATIVE ACTION: The Implementation Plan will not be approved and staff will have no direction on how to implement permit requirements with inadequate funding. CHILDREN'S IMPACT STATEMENT: ATTACHMENTS Exhibit 1 - Implementation Plan for Unincorporated Communities Exhibit 2 - Implementation Plan Budget Exhibit 3 - Tasks in Tiered Priority November 6, 2018 BOS Minutes 23 Contra Costa County EXHIBIT 1 Municipal Regional Permit 2.0 Implementation Plan For Unincorporated Communities Page 1 of 3 Background The Regional Water Quality Control Board issues the County a stormwater permit that requires the County to reduce pollutants in the stormwater flowing through its drainage systems and waterways. These stormwater permits are issued every five years, the first issued in 1993, and every succeeding permit has more difficult requirements that take more resources to comply with. The current permit has, among its many provisions, four focus areas: green infrastructure, trash, PCBs, and mercury. Green infrastructure includes drainage basins and swales that filter and treat stormwater through special soils and vegetation. Financial Resources Available - The Regional Board issued the County a permit to reduce pollution in stormwater - The estimated cost to comply with the permit is about $5 million - The County only has about $3.2 million in dedicated annual revenue available for permit compliance - There are no supplemental resources available from the County General Fund - Some restricted funding sources have been identified (e.g. Road Fund) that can fund certain tasks Staff estimated it would cost around $5 million to comply with all provisions in the current stormwater permit, Municipal Regional Permit (MRP) 2.0. However, the County only receives about $3.2 million each year in discretionary revenue for stormwater related services and projects, and there are no additional resources available from the General Fund. Staff did identify $510,000 of Road Funds and $75,000 of Flood Control Funds that could be used to help pay for program activities. It should be noted that if the gas tax is reduced, any contribution from the Road Fund would have to be reconsidered and likely removed. In any event, there are insufficient funds to close the gap (about $1.2 million) between available revenue and estimated expenditures, and a plan is needed to determine how the County will implement permit requirements – an Implementation Plan. Implementation Plan Objectives - Maximize effectiveness of permit compliance - Use a strategic process to decide prioritization within budget limitations - Demonstrate the County does the right thing and is always trying - Communicate the importance of stormwater quality to communities A primary objective of the Implementation Plan is to maximize effectiveness of permit compliance, so our work truly improves water quality. Even though the County does not have sufficient funds to November 6, 2018 BOS Minutes 24 Page 2 of 3 complete every task, the County wants to demonstrate to the Regional Board it is committed to improving water quality and working hard to do so. And the County doesn't mind taking a leadership role in resolving difficult issues, as long as the Regional Board acknowledges that eventual resolution may take longer than expected. Approach to Implement Permit Requirements - Identify the most efficient and effective way to address permit compliance with available funding  Focus on top tier tasks and reduce resources on low tier tasks  Focus resources on top tier tasks, about 60% of total program expenditures  Reduce funding to remaining tasks, about 40% of total program expenditures - Develop a prioritized list of permit requirements grouped into three tiers - High-priority, Tier 1, requirements will be completed on time - Low priority tasks, Tier 2 and Tier 3, will be completed but not on time The approach in developing the Implementation Plan is to identify tasks that will be completed and will be a primary focus, but also identify some work that will be done on all other tasks. So work will be done on all tasks but not all tasks will be completed within the permit timeline. Task Prioritization Staff identified key MRP 2.0 tasks and prioritized them using the following criteria: - Maximizing pollution removal - Realizing co-benefits and benefits to the community, and improving community value - Maximizing program effectiveness (staff resources, program objectives, program costs) - Matching Regional Board priorities The prioritized list of tasks was divided into three tiers, Tier 1 being top priority and Tier 3 being low priority. Tier 1 tasks will receive full funding, Tier 2 tasks will receive substantial funding, and Tier 3 tasks will receive little funding. Exhibit 1 is a list of 13 tasks from MRP 2.0 and their ranking. Since trash reduction is a top priority for the Regional Board, trash related tasks are a top priority in the Plan as well, with most in the Tier 1 category. Service Reductions/Savings Aside from the MRP 2.0 tasks, there are other baseline tasks and services that have been part of the program for many years. Staff reviewed all of the services and programs that are funded with Stormwater Utility Assessment funds and determined which services could be reduced. Stormwater Utility Assessment funds are the source of dedicated revenue used to fund stormwater services, programs, and projects. In addition, staff reviewed services or programs that could be funded from other sources and would represent a savings. The following service reductions and program savings were identified: November 6, 2018 BOS Minutes 25 Page 3 of 3 - Street Sweeping. Transfer street sweeping to the Road Fund (This would likely not occur if the gas tax is modified) - Inspections. Reduce inspections by 50% - Outreach. Reduce the Public Information and Participation Program by 50% - Calendar. Eliminate the annual calendar The attached budget (Exhibit 2) includes these service reductions and funding shifts, with the savings shown in the "Difference" column. Implementation Plan The Implementation Plan identifies permit tasks that will be completed during the permit term, and tasks that will not be completed during the permit term. It should be noted that, although some tasks will not be completed within the permit timeline, there is still a commitment to complete them eventually. These tasks are shown in Exhibit 2, the proposed budget for the Implementation Plan. The budget lists all of the tasks required in the stormwater permit and shows those that have been prioritized and identified as Tier 1, Tier 2, or Tier 3, and those service reductions or funding shifts that represent a savings. Budget items that are not prioritized or listed as a savings are generally baseline activities from MRP 1.0 that need to be done. The Constrained Budget represents the estimated cost to comply with all permit provisions, with the exception of PCBs, within the permit timeline. PCB requirements are not included in the estimated budget because there is too much uncertainty around how compliance will be achieved. The County is assuming, in its planning budget scenarios, that PCBs will not be directly addressed by the County but instead through development projects or remediation of source properties. The Constrained Budget costs total about $5 million. The Implementation Plan Budget costs total about $3.2 million, equal to the average annual revenue dedicated for stormwater purposes. It should be noted that about $600,000 of the Implementation Plan Budget is funded by Road Funds or Flood Control Funds. Any change in the ability to use those funds would require modification of the Implementation Plan Budget. RMA:lz G:\fldctl\Mitch\MRP\Board Order Exhibit 1. MRP 2 Implementation Plan. 11-6-2018.docx November 6, 2018 BOS Minutes 26 Exhibit 2: MRP 2.0 Implementation Plan Budget (FY 2018/19) Municipal Operations $32,000 $32,000 $0 Savings Street Sweeping (Shift to Road Funds)$325,000 $0 $325,000 Development/LID $122,000 $122,000 $0 1 Green Infrastructure Planning $250,000 $250,000 $0 Savings Industrial/Commercial Inspections (50%)$225,000 $110,000 $115,000 Savings Illicit Discharges (Reduce by 25%)$148,000 $108,000 $40,000 Construction Controls $8,000 $8,000 $0 Savings Public Outreach (Reduce by 50%)$110,000 $55,000 $55,000 Savings Calendar (Eliminate calendar)$100,000 $0 $100,000 Monitoring $30,000 $30,000 $0 Pesticide Controls $25,000 $25,000 $0 1 Trash (Misc tasks)$525,000 $340,000 $185,000 1 Trash Capture Devices $300,000 $300,000 $0 2 Trash separator facility $100,000 $50,000 $50,000 3 Trash Capture on Private Property $50,000 $15,000 $35,000 1 On-land clean up $740,000 $740,000 $0 1 Adopt-a-Spot $25,000 $25,000 $0 2 Plastic bag ban program $25,000 $10,000 $15,000 1 Polystyrene ban $75,000 $75,000 $0 1 PCB Building Materials Control $10,000 $10,000 $0 1 Direct discharge controls $300,000 $300,000 $0 DifferenceTierDescriptionConstrained Budget Implementation Plan Budget \\pw-data\grpdata\fldctl\Mitch\MRP\Board Order Exhibit 2. Imp Plan Budget. 11-6-2018.xlsx Page 1November 6, 2018 BOS Minutes 27 Exhibit 2: MRP 2.0 Implementation Plan Budget (FY 2018/19) 1 Creek clean-ups $150,000 $150,000 $0 Mercury Controls $15,000 $15,000 $0 PCB Controls $110,000 $110,000 $0 2 PCB/GI project $50,000 $25,000 $25,000 Identify development treatment $60,000 $25,000 $35,000 3 Local Source Properties $25,000 $5,000 $20,000 3 Regional Source Properties $10,000 $5,000 $5,000 County CIP Project $500,000 $100,000 $400,000 Annual Report $100,000 $100,000 $0 RWQCB Fees $45,000 $45,000 $0 BIMID Cost Share $30,000 $30,000 $0 2 Drainage Inventory $50,000 $25,000 $25,000 Marina Program $10,000 $10,000 $0 Program Admin. $240,000 $195,000 $45,000 $4,920,000 $3,445,000 $1,475,000 $185,000 $75,000 $4,920,000 $3,185,000 $1,735,000 Note 1: Road Fund cost items are associated with the road system: Municipal Operations ($20,000), Green Infrastructure Planning ($65,000), PCB/GI Project ($25,000), County CIP Project ($50,000), Drainage Inventory ($25,000). Note 2: Flood Control District Fund cost items are associated with the flood protection system: Direct Discharge Controls ($50,000), Creek Cleanups ($25,000). Funding Contribution by Others Total Road Fund (other than streetsweeping) (Note 1) Flood Control District (Note 2) Difference Subtotal Description Constrained Budget Implementation Plan Budget \\pw-data\grpdata\fldctl\Mitch\MRP\Board Order Exhibit 2. Imp Plan Budget. 11-6-2018.xlsx Page 2November 6, 2018 BOS Minutes 28 1 Direct Discharge Control Plan 1 Full Trash Capture Project 1 Polystyrene Ban 1 Green Infrastructure Program/Plan 1 80% Trash Load Reduction 1 PCB Caulk Ordinance 2 Plastic Bag Enforcement 2 Trash Separator Facility Planning 2 MS4 Inventory Map to the Public 2 Minimum PCB/Hg Load Reduction with GI 3 Full Trash Capture on Private Property 3 Cleanup PCB Source Properties 3 Evaluate IPM and Pesticide Source Control Actions Tier Key MRP 2.0 Project Exhibit 3: MRP 2.0 Key Requirements in Tiered Order File Path: \\pw-data\grpdata\fldctl\Mitch\MRP\Board Order Exhibit 3. Implementation Plan-Tiered Order 11-6-2018.xlsx November 6, 2018 BOS Minutes 29 RECOMMENDATION(S): OPEN public hearing on impasse with Teamsters Local 856 over revisions to the job specifications for Registered Dental Assistant, Registered Dental Assistant-Project, and Lead Registered Dental Assistant; 1. CLOSE public hearing; and2. IMPLEMENT revised job specifications for Registered Dental Assistant, Registered Dental Assistant-Project, and Lead Registered Dental Assistant. 3. FISCAL IMPACT: None. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/06/2018 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Lisa Driscoll, Finance Director (925) 335-1023 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 6, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: Dianne Dinsmore, Human Resources Director, Anna Roth, Director of Health Services D.4 To:Board of Supervisors From:David Twa, County Administrator Date:November 6, 2018 Contra Costa County Subject:Public Hearing- Impasse with Teamsters Local 856 regarding Dental Assistant Job Specification Revisions November 6, 2018 BOS Minutes 30 BACKGROUND: On May 17, 2018, the County received a declaration of impasse and request for mediation from Teamsters, Local 856. On or about June 5, 2018, the parties began communicating with the mediator to schedule the mediation. The parties met with an assigned State Mediator on September 21, 2018, regarding the non-substantial revisions to the typical tasks, minimum qualifications, and knowledge, skills and abilities (KSA) sections of the Registered Dental Assistant (RDA), Registered Dental Assistant-Project, and Lead Registered Dental Assistant job specifications. The revisions included updating the license/certification section of the job specification to reflect the current requirements that are in practice for an RDA to maintain employment with Contra Costa County. Other revisions included updating KSA’s to reflect industry standard language, added language to promote excellent customer service and to acknowledge and respect cultural, educational and linguistic differences of the County’s diverse population. On September 25, 2018, Teamsters, Local 856 filed a request for fact finding regarding the revised job specifications. On September 28, 2018, the County opposed the request for fact finding on the basis that the request was filed untimely. On October 2, 2018, PERB notified the County that Teamsters Local 856 had withdrawn the fact finding request. CONSEQUENCE OF NEGATIVE ACTION: The job specifications would not reflect updated tasks, minimum qualifications, and knowledge, skills, and abilities. November 6, 2018 BOS Minutes 31 RECOMMENDATION(S): ADOPT Resolution No. 2018/519 approving the Memorandum of Understanding between Contra Costa County and the California Nurses Association, implementing negotiated wage agreements and other economic terms and conditions of employment, for the period of October 1, 2018 through September 30, 2021. FISCAL IMPACT: The estimated cost of the negotiated contract between the County and the California Nurses Association is $6.2 million for FY 2018-19, $21.4 million for FY 2019-20, $31.0 million for FY 2020-21, and $11.7 million for July 1, 2021 through September 30, 2021. The majority of employees represented by the California Nurses Association work in the hospital and clinics, which is an Enterprise Fund (Hospital Enterprise Fund 145000). BACKGROUND: The California Nurses Association (CNA) began bargaining with Contra Costa County on December 12, 2017. A Tentative Agreement was reached between the County and CNA on October 25, 2018 and ratified on October 30, 2018. The resulting Memorandum of Understanding, which is attached, includes modifications to wages, retirement, health care, and other benefit changes. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/06/2018 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Lisa Driscoll, County Finance Director (925) 335-1023 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 6, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: Robert Campbell, County Auditor-Controller, Dianne Dinsmore, Human Resources Director D.5 To:Board of Supervisors From:David Twa, County Administrator Date:November 6, 2018 Contra Costa County Subject:Memoranda of Understanding with Calfornia Nurses Association November 6, 2018 BOS Minutes 32 BACKGROUND: (CONT'D) > In summary, those changes are: Duration of Agreement - Section 64 The term of the agreement is from October 1, 2018 through September 30, 2021. Association Security - Section 2 Updated the Association Security language to reflect the legal changes as a result of the Janus decision and SB 866. General Wages - Section 5.1 Effective December1, 2018, the base rate of pay for all classifications represented by the Association will be increased by five percent (5.0%). Effective May 1, 2019, the base rate of pay for all classifications represented by the Association will be increased by five percent (5.0%). Effective January 1, 2020, the base rate of pay for all classifications represented by the Association will be increased by five percent (5.0%). Effective January 1, 2021, the base rate of pay for all classifications represented by the Association will be increased by five percent (5.0%). Longevity Pay - Section 5.2 Adds PHN Longevity differential of 2.5% at seven years. Entrance Salary or Wage (Section 5.5) Allows the Association to request discussion of employees’ credit given for years of RN experience (non-grievable). Four Week Schedules/Weekend Schedules (Section 6.2) RNs and Family Nurse Practitioners hired on or after 1/1/19 with 20 years of experience may be granted every weekend off. Compensatory Time (Section 7.2) Incorporates a previous Side Letter adding call back pay to compensatory time accrual. Per Diem Overtime Pay (Section 7.4) Adds reference to FLSA overtime pay when applicable. On-Call Duty (Section 9) Increases on-call time to be paid from 1 hour of straight time for every 4 hours on on-call time to 1 hour of straight time for every 2 hours on-call. Jury Duty and Witness Duty (Section 17) Clarifies the definition of jury duty. Health, Life and Dental Benefits (Section 18) Cleans up language to reflect current practice. Adds voluntary vision plan. Bid Procedure (Section 21.3) Allows for per diem employees to bid into permanent positions. Training Reimbursement (Section 30) Revises language to consistently refer to calendar year and clarify benefits. Requires all employees in certain assignments to possess the Advanced Cardiac November 6, 2018 BOS Minutes 33 Requires all employees in certain assignments to possess the Advanced Cardiac Life Support (ACLS) Certification in accordance with the Minimum Qualifications of the job descriptions and implements procedure to follow if employees do not maintain the required license. Education Leave (Section 31) Cleans up the language to cite to the correct classification code. Mileage (Section 34) Adds citation to Administrative Bulletin #204 and adds the Commuter Benefit Program. Professional Performance Committees (Section 38) Clarifies composition of the Inpatient Subcommittee. Allows for additional nurses to participate in Outpatient Subcommittee and clarifies composition of it. Adds Public Health Nurse Professional Standards and Practices Committee (PSPC) and memorializes current PSPC practice. Notice of Hires & Separations (Section 39) Clarifies information the County is required to send monthly regarding new hires and separations from County employment. Provisional Appointment (Section 40) This section was deleted for being obsolete. Length of Service Definition (Section 46) Revises language to delete reference to “provisional” employees. Patient Care Technology Review Procedures (Section 60) Deletes sunset provision. New Technology & Staffing Ratio Dispute Resolution (Section 62) Deletes sunset provision. Workplace Violence Prevention & Safety (New Section - replaces previous Section 40) States the County and Association’s agreement that a workplace free from violence and promotes the safety of nurses is a priority. Also memorializes the workplace violence training program. Attachments L Creates new attachment incorporating meet and confer summary regarding public health nurse expanded roles (deletes previous attachment - Detention RN Advanced Level Pay Proposal). Attachment V Deletes obsolete reference to classifications effective 1/1/17; re-letters existing Attachment W to Attachment V (Per Diem Nurses Call-Office Notice) CONSEQUENCE OF NEGATIVE ACTION: Employees would be out of contract, which may cause labor issues. AGENDA ATTACHMENTS Resolution No. 2018/519 CNA MOU October 1, 2018 - September 30, 2021 MINUTES ATTACHMENTS November 6, 2018 BOS Minutes 34 Signed Resolution No. 2018/519 November 6, 2018 BOS Minutes 35 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and for Special Districts, Agencies and Authorities Governed by the Board Adopted this Resolution on 11/06/2018 by the following vote: AYE:5 John Gioia Candace Andersen Diane Burgis Karen Mitchoff Federal D. Glover NO: ABSENT: ABSTAIN: RECUSE: Resolution No. 2018/519 In The Matter Of: Memoranda of Understanding with California Nurses Association for the period of October 1, 2018 through September 30, 2021. The Contra County Board of Supervisors acting in its capacity as the Governing Board of the County of Contra Costa RESOLVES that: The Memorandum of Understanding (MOU) between Contra Costa County and the California Nurses Association providing for wages, benefits and other terms and conditions of employment for the period beginning October 1, 2018 through September 30, 2021, for those classifications represented by the California Nurses Association is ADOPTED. A copy of the MOU is attached. Contact: Lisa Driscoll, County Finance Director (925) 335-1023 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 6, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: Robert Campbell, County Auditor-Controller, Dianne Dinsmore, Human Resources Director November 6, 2018 BOS Minutes 36 November 6, 2018 BOS Minutes 37 MEMORANDUM OF UNDERSTANDING BETWEEN CONTRA COSTA COUNTY AND CALIFORNIA NURSES ASSOCIATION OCTOBER 1, 2018 – SEPTEMBER 30, 2021 November 6, 2018 BOS Minutes 38 i CALIFORNIA NURSES ASSOCIATION TABLE OF CONTENTS SECTION 1 ASSOCIATION RECOGNITION ....................................................... 3 SECTION 2 ASSOCIATION SECURITY 2.1 Dues Deduction ................................................................................ 4 2.2 General Conditions ........................................................................... 4 2.3 Communicating With Employees ...................................................... 5 2.4 Use of County Buildings.................................................................... 5 2.5 Advance Notice ................................................................................. 6 2.6 W ritten Statement for New Employees ............................................. 6 2.7 Assignment of Classes to Bargaining Units ...................................... 7 SECTION 3 NO DISCRIMINATION...................................................................... 8 SECTION 4 NURSE REPRESENTATIVES 4.1 Attendance at Meetings .................................................................... 8 4.2 Association Representative .............................................................. 9 4.3 Release Time for Training ................................................................. 9 SECTION 5 SALARIES 5.1 General Wages ................................................................................. 9 5.2 Longevity Pay ................................................................................. 10 5.3 Charge Nurse Relief ....................................................................... 10 5.4 Deep Class Exception .................................................................... 10 5.5 Entrance Salary .............................................................................. 10 5.6 Anniversary Dates .......................................................................... 11 5.7 Increments Within Range................................................................ 12 5.8 Part-Time Compensation ................................................................ 12 5.9 Compensation for Portion of Month ................................................ 13 5.10 Position Reclassification ................................................................. 13 5.11 Salary Reallocation and Salary on Reallocation ............................. 13 5.12 Salary on Promotion ....................................................................... 14 5.13 Salary on Involuntary Demotion ...................................................... 14 5.14 Salary on Voluntary Demotion ........................................................ 15 5.15 Transfer .......................................................................................... 15 5.16 Pay for Work in Higher Classification .............................................. 15 5.17 Payment.......................................................................................... 16 5.18 Nursing Certification Test Fee Reimbursement .............................. 17 5.19 Pay Warrant Errors ......................................................................... 17 5.20 Electronic Health Records Incentive Program ................................ 17 SECTION 6 DAYS AND HOURS OF WORK 6.1 Days and Hours of Work ................................................................. 18 6.2 Four (4) Week Schedules/Weekend Schedules ............................. 19 November 6, 2018 BOS Minutes 39 ii 6.3 Time Changes: Pacific Standard Time And Daylight Savings Time ............................................................. 20 6.4 Low Census .................................................................................... 20 SECTION 7 OVERTIME AND COMPENSATORY TIME 7.1 Overtime ......................................................................................... 20 7.2 Compensatory Time ....................................................................... 21 7.3 Continuous Shifts ............................................................................ 22 7.4 Per Diem Overtime Pay .................................................................. 23 SECTION 8 CALL-BACK TIME 8.1 Call-Back Pay ................................................................................. 23 8.2 Operating Room Call Back ............................................................. 23 SECTION 9 ON-CALL DUTY ............................................................................. 23 SECTION 10 SHIFT DIFFERENTIAL 10.1 Shift Differential .............................................................................. 23 10.2 Weekend Differential ...................................................................... 24 10.3 Departmental Differentials .............................................................. 24 10.4 Emergency Department Differential ................................................ 25 10.5 Per Diem Differentials ..................................................................... 25 SECTION 11 SENIORITY, WORKFORCE REDUCTION, LAYOFF AND REASSIGNMENT 11.1 Workforce Reduction ...................................................................... 26 11.2 Separation through Layoff............................................................... 27 11.3 Notice.............................................................................................. 30 11.4 Special Employment Lists ............................................................... 30 11.5 Reassignment of Laid Off Employees ............................................. 30 11.6 Further Study .................................................................................. 30 SECTION 12 HOLIDAYS 12.1 Holidays Observed ......................................................................... 30 12.2 Holiday is NOT Worked and Holiday Falls on Scheduled Work Day ......................................................... 31 12.3 Holiday is NOT Worked and Holiday Falls on Scheduled Day Off ............................................................ 32 12.4 Holiday is WORKED and Holiday Falls on Scheduled Work Day ... 32 12.5 Holiday is Worked and Holiday Falls on Scheduled Day Off........... 33 12.6 Holiday and Compensatory Time Provisions .................................. 34 12.7 Permanent Intermittent Employee .................................................. 34 12.8 Christmas and New Year’s Day ...................................................... 34 12.9 Holiday Meal ................................................................................... 34 12.10 Per Diem Holiday Pay and Holiday Meal ........................................ 34 SECTION 13 VACATION LEAVE 13.1 Vacation Allowance ........................................................................ 35 13.2 Vacation Accrual Rates................................................................... 35 November 6, 2018 BOS Minutes 40 iii 13.3 Vacation Accrual During Leave Without Pay .................................. 35 13.4 Professional Sabbatical Leave ........................................................ 35 13.5 Vacation Allowance for Separated Employees ............................... 35 13.6 Permanent Part-Time and Intermittent Employees ......................... 36 13.7 Vacation Requests .......................................................................... 36 13.8 Vacation Leave on Reemployment From a Layoff List ................... 36 13.9 Policy for Family Nurse Practitioners .............................................. 36 13.10 Vacation Leave Accrual Usage ....................................................... 37 SECTION 14 SICK LEAVE 14.1 Purpose of Sick Leave .................................................................... 37 14.2 Credits To and Charges Against Sick Leave .................................. 37 14.3 Policies Governing the Use of Paid Sick Leave .............................. 37 14.4 Administration of Sick Leave ........................................................... 40 14.5 Disability ......................................................................................... 41 14.6 Workers’ Compensation and Continuing Pay ................................. 42 14.7 Labor-Management Committee ...................................................... 44 14.8 Accrual During Leave Without Pay ................................................. 44 14.9 State Disability Insurance (SDI) ...................................................... 44 14.10 Confidentiality of Information/Records ............................................ 46 SECTION 15 CATASTROPHIC LEAVE BANK 15.1 Program Design .............................................................................. 46 15.2 Operation ........................................................................................ 46 SECTION 16 LEAVE OF ABSENCE 16.1 Leave Without Pay .......................................................................... 48 16.2 General Administration – LOA ........................................................ 48 16.3 Furlough Days Without Pay ............................................................ 49 16.4 Military Leave .................................................................................. 49 16.5 Family Care Leave or Medical Leave ............................................. 50 16.6 Medical Certification ....................................................................... 50 16.7 Intermittent Use of Leave ................................................................ 50 16.8 Aggregate Use for Spouse .............................................................. 50 16.9 Definitions ....................................................................................... 50 16.10 Pregnancy Disability Leave ............................................................. 52 16.11 Group Health Plan Coverage .......................................................... 52 16.12 Leave Without Pay – Use of Accruals ............................................. 52 16.13 Leave of Absence Replacement and Reinstatement ...................... 53 16.14 Reinstatement From Family Care Medical Leave ........................... 53 16.15 Salary Review While on LOA .......................................................... 53 16.16 Unauthorized Absence ................................................................... 53 16.17 Non-Exclusivity ............................................................................... 54 SECTION 17 JURY DUTY AND WITNESS DUTY 17.1 Jury Duty ......................................................................................... 54 17.2 Witness Duty ................................................................................... 55 November 6, 2018 BOS Minutes 41 iv SECTION 18 MEDICAL, LIFE, AND DENTAL CARE 18.1 County Plans .................................................................................. 55 18.2 Rate Information ............................................................................. 55 18.3 County Medical and Dental Plan Monthly Premium Subsidy .............................................................. 56 18.4 Family Member Eligibility Criteria .................................................... 56 18.5 Partial Month ................................................................................... 57 18.6 Coverage During Absences ............................................................ 57 18.7 Retirement Coverage ...................................................................... 58 18.8 Dual Coverage ................................................................................ 59 18.9 Health Care Spending Account ....................................................... 59 18.10 Public Employees Retirement System (PERS) Long-term Care ............................................................................... 59 18.11 Deferred Retirement ....................................................................... 60 18.12 Child Care ....................................................................................... 61 18.13 Dependent Care Assistance Program ............................................ 61 18.14 Life Insurance Benefit Under Health and Dental Plans ................................................................. 61 18.15 Supplemental Life Insurance .......................................................... 61 18.16 Premium Conversion Plan .............................................................. 61 18.17 Voluntary Vision Plan ...................................................................... 61 18.18 Prevailing Section……………………………………………………….61 SECTION 19 PROBATIONARY PERIOD 19.1 Duration .......................................................................................... 62 19.2 Probationary Period in Excess of Six Months ................................. 62 19.3 Revised Probationary Period .......................................................... 62 19.4 Criteria ............................................................................................ 62 19.5 Rejection During Probation ............................................................. 62 19.6 Regular Appointment ...................................................................... 63 19.7 Layoff During Probation .................................................................. 63 19.8 Rejection During Probation of Layoff Employee ............................. 63 SECTION 20 PROMOTION 20.1 Competitive Exam ........................................................................... 64 20.2 Promotion Policy ............................................................................. 64 20.3 Promotion Via Reclassification Without Examination ....................................................................... 64 20.4 Requirements for Promotional Standing ......................................... 65 20.5 Seniority Credits ............................................................................. 65 20.6 Physical Examination ...................................................................... 65 SECTION 21 TRANSFER 21.1 Requirements ................................................................................. 65 21.2 Procedure ....................................................................................... 66 21.3 Bid Procedure ................................................................................. 66 21.4 Advanced Level Transfer and Training ........................................... 67 November 6, 2018 BOS Minutes 42 v SECTION 22 RESIGNATIONS 22.1 Resignation in Good Standing ........................................................ 68 22.2 Constructive Resignation ................................................................ 68 22.3 Effective Resignation ...................................................................... 68 22.4 Revocation ...................................................................................... 68 22.5 Coerced Resignations .................................................................... 68 22.6 Eligibility for Reemployment ............................................................ 69 SECTION 23 DISMISSAL, SUSPENSION, AND DEMOTION 23.1 Sufficient Cause for Action .............................................................. 69 23.2 Skelly Requirements ....................................................................... 70 23.3 Leave Pending Employee Response .............................................. 71 23.4 Length of Suspensions ................................................................... 71 23.5 Procedure on Dismissal, Suspension, or Disciplinary Demotion ..... 71 23.6 Employee Representation Rights ................................................... 71 SECTION 24 GRIEVANCE PROCEDURE 24.1 Definition and Procedural Steps ..................................................... 71 24.2 Time Limits ..................................................................................... 73 24.3 Union Notification ............................................................................ 73 SECTION 25 COMPENSATION COMPLAINTS .................................................. 74 SECTION 26 MERIT BOARD .............................................................................. 74 SECTION 27 NO STRIKE .................................................................................... 74 SECTION 28 BILINGUAL PAY ............................................................................ 75 SECTION 29 RETIREMENT 29.1 Contribution .................................................................................... 75 29.2 Retirement Benefits for Registered Nurses Unit and Public Health Nurse Unit ................................................................ 76 29.3 Tier III.............................................................................................. 77 SECTION 30 TRAINING REIMBURSEMENT 30.1 Career Development ....................................................................... 80 30.2 Advance Cardiac Life Support Certification .................................... 81 30.3 Required Certifications and Licenses…………………………………81 SECTION 31 EDUCATION LEAVE ..................................................................... 82 SECTION 32 CLASSIFICATION .......................................................................... 83 SECTION 33 SAFETY.......................................................................................... 83 SECTION 34 MILEAGE AND TRANSPORTATION 34.1 Reimbursement for Use of Personal Vehicle .................................. 84 34.2 Commuter Benefit Program ............................................................ 84 November 6, 2018 BOS Minutes 43 vi SECTION 35 DEFERRED COMPENSATION LOAN PROVISION ...................... 84 SECTION 36 DETENTION FACILITY DIFFERENTIAL ....................................... 86 SECTION 37 JOINT ASSOCIATION/MANAGEMENT MEETING ....................... 86 SECTION 38 PROFESSIONAL PERFORMANCE COMMITTEES 38.1 Professional Performance Committees .......................... ............... 87 38.2 Subcommittee Meetings ................................................................. 88 38.3 Committee Minutes ......................................................................... 88 38.4 Recommendations .......................................................................... 89 38.5 PPC Family Nurse Practitioners ..................................................... 89 38.6 Quarterly Meetings with Health Services Department Managers .... 89 38.7 Agenda Items for Quarterly Meeting With the Health Services Department ............................................. 89 38.8 Recommendations for Action .......................................................... 89 38.9 PH Nurse Professional Stds and Practices Committee (PSPC) ..... 90 38.10 PSPC Minutes ................................................................................ 91 38.11 PSPC Agenda Items for Qtrly Meeting with PH Nursing Director ... 91 SECTION 39 NOTICE OF HIRES AND SEPARATIONS ..................................... 91 SECTION 40 WORKPLACE VIOLENCE PREVENTION AND SAFETY…………91 SECTION 41 PERSONNEL FILES ...................................................................... 92 SECTION 42 REIMBURSEMENT FOR MEAL EXPENSES ................................ 92 SECTION 43 COMPENSATION FOR LOSS OR DAMAGE TO PERSONAL PROPERTY ........................................ 93 SECTION 44 SERVICE AWARDS ....................................................................... 93 SECTION 45 UNFAIR LABOR PRACTICE ......................................................... 94 SECTION 46 LENGTH OF SERVICE DEFINITION (for service awards and Vacation accruals) ............................... 94 SECTION 47 PERMANENT PART-TIME EMPLOYEE BENEFITS ..................... 94 SECTION 48 PERMANENT-INTERMITTENT EMPLOYEE BENEFITS .............. 94 SECTION 49 STAFF NURSE/PER DIEM EMPLOYEES ..................................... 95 SECTION 50 PROVISIONAL EMPLOYEE BENEFITS........................................ 97 SECTION 51 LUNCH PERIOD / REST BREAK .................................................. 97 November 6, 2018 BOS Minutes 44 vii SECTION 52 FAMILY NURSE PRACTITIONERS (FNP)/PUBLIC HEALTH NURSES (PHN) 52.1 FNP Administrative Time ................................................................ 98 52.2 FNP Meetings ................................................................................. 98 52.3 FNP Staff Development Time ......................................................... 99 52.4 FNP Paid Personal Leave ............................................................... 99 52.5 Public Health Nurses ...................................................................... 99 SECTION 53 HEALTH EXAMINATION ............................................................. 100 SECTION 54 FLOATING ................................................................................... 101 SECTION 55 LEAVE DENIALS ......................................................................... 101 SECTION 56 CODE GREY ................................................................................ 101 SECTION 57 ADOPTION ................................................................................... 101 SECTION 58 SCOPE OF AGREEMENT AND SEPARABILITY OF PROVISION 58.1 Scope of Agreement ..................................................................... 102 58.2 Separability of Provisions.............................................................. 102 58.3 Personnel Management Regulations ............................................ 102 SECTION 59 SAFE STAFFING ......................................................................... 102 SECTION 60 PATIENT CARE TECHNOLOGY REVIEW PROCEDURES ........ 102 SECTION 61 CONSCIOUS SEDATION ............................................................. 103 SECTION 62 NEW TECHNOLOGY AND STAFFING RATIO DISPUTE RESO 103 SECTION 63 AMBULATORY CARE NURSES ................................................. 105 SECTION 64 DURATION OF AGREEMENT ..................................................... 105 SECTION 65 AUTOMATED TIMEKEEPING REOPENER ................................ 105 ATTACHMENTS November 6, 2018 BOS Minutes 45 MEMORANDUM OF UNDERSTANDING BETWEEN CONTRA COSTA COUNTY AND CALIFORNIA NURSES ASSOCIATION This Memorandum of Understanding (MOU) is entered into pursuant to the authority contained in Board of Supervisors’ Resolution No. 81/1165 and has been jointly prepared by the parties. The Employee Relations Officer (County Administrator) is the representative of Contra Costa County in employer-employee relations matters as provided in Board of Supervisors’ Resolution No. 81/1165, Section 34-8.012. The parties have met and conferred in good faith regarding wages, hours and other terms and conditions of employment for the employees of said representation unit, and have freely exchanged information, opinions and proposals and have endeavored to reach agreement on all matters relating to the employment conditions and employer - employee relations of such employees. This MOU shall be presented to the Contra Costa County Board of Supervisors as the joint recommendation of the undersigned for salary and employee benefit a djustments for the term set forth herein. November 6, 2018 BOS Minutes 46 DEFINITIONS CNA - 2 - 2018-2021 DEFINITIONS Appointing Authority: Department Head unless otherwise provided by statute or ordinance. Association: California Nurses Association. Class: A group of positions sufficiently similar with respect to the duties and responsibilities that similar selection procedures and qualifications may apply and that the same descriptive title may be used to designate each position allocated to the group. Class Title: The designation given to a class, to each position allocated to the class, and to the employees allocated to the class. County: Contra Costa County. Demotion: The change of a permanent employee to another position in a class allocated to a salary range for which the top step is lower than the top step of the class which the employee formerly occupied, except as provided for under "Transfer," or as otherwise provided for in this MOU, in the Personnel Management Regulations, or in specific resolutions governing deep classifications. Director of Human Resources: The person designated by the County Administrator to serve as the Assistant County Administrator-Director of Human Resources. Eligible: Any person whose name is on an employment or reemployment or layoff list for a given classification. Employee: A person who is an incumbent of a position or who is on leave of absence in accordance with provisions of this MOU and whose position is held pending his/her return. Employment List: A list of persons who have been found qualified for employment in a specific class. Layoff List: A list of persons who have occupied positions allocated to a class in the merit system and who have been involuntarily separated by layoff or displacement, or demoted by displacement, or have voluntarily demoted in lieu of layoff or displacement, or have transferred in lieu of layoff or displacement. Per Diem Position: Per Diem employment is any employment that requires the services of a person on a daily basis, and that person is paid on an hourly basis and his/her classification has “per diem” in its title. Permanent-Intermittent Position: Any position which requires the services of an incumbent for an indefinite period but on an intermittent basis, as needed, paid on an hourly basis. November 6, 2018 BOS Minutes 47 SECTION 1 – ASSOCIATION RECOGNITION CNA - 3 - 2018-2021 Permanent Part-Time Position: Any position which will require the services of an incumbent for an indefinite period but on a regularly scheduled less than full -time basis. Permanent Position: Any position which has required or which will require the services of an incumbent without interruption for an indefinite period. Position: The assigned duties and responsibilities calling for the regular full -time, part- time or intermittent employment of a person. Promotion: The change of a permanent employee to another position in a class allocated to a salary range for which the top step is higher than the top step of the class which the employee formerly occupied, except as provided for under "Transfer," or as otherwise provided for in this MOU, in the Personnel Management Regulations , or in specific resolutions governing deep classes. Reallocation: The act of reassigning an individual position from one class to another class at the same range of the salary schedule or to a class which is allocated to another range that is within five percent (5%) of the top step, except as otherwise provided for in the Personnel Management Regulations, deep class resolutions, or other ordinances. Reclassification: The act of changing the allocation of a position by raising it to a higher class or reducing it to a lower class on the basis of significant changes in the kind, difficulty or responsibility of duties performed in such position. Reemployment List: A list of persons who have occupied positions allocated to any class in the merit system and who have voluntarily separated and are qualified for consideration for reappointment under the Personnel Management Regu lations governing reemployment. Resignation: The voluntary termination of permanent employment with the County. Temporary Employment: Any employment which will require the services of an incumbent for a limited period of time, paid on an hourly basis, not in an allocated position or in permanent status. Transfer: The change of an employee who has permanent status in a position to another position in the same class in a different department, or to another position in a class which is allocated to a range on the salary plan that is within five percent (5%) at top step as the class previously occupied by the employee. SECTION 1 – AS SOCIATION RECOGNITION California Nurses Association is the formally recognized employee organization for the Registered Nurses Unit, Public Health Nurse Unit, and Staff Nurse Unit and such November 6, 2018 BOS Minutes 48 SECTION 2 – ASSOCIATION SECURITY CNA - 4 - 2018-2021 organization has been certified as such pursuant to Chapter 34 -12 of Resolution No. 81/1165. SECTION 2 – ASSOCIATION SECURITY 2.1 Dues Deduction. Pursuant to Chapter 34-26 of Resolution No. 81/1165, only a majority representative may have dues deduction and as such, the Association has the exclusive privilege of dues deduction for all members in its units. The Association shall indemnify and hold harmless the County against any and all claims, actions or proceedings or other forms of liability that arise out of or by reason of this association security section, by any person or entity arising from deductions made by the County pursuant to this article. 2.2 General Conditions: A. The Association agrees that it has a duty to provide fair and nondiscriminatory representation to all employees in all classes in the units fo r which this section is applicable regardless of whether they are members of the Association. B. All nurses covered by terms of this agreement may voluntarily become and remain members in good standing of the Association, or voluntarily pay a Contributing Non-Member Fee to the Association, pursuant to the provisions of the MMBA. No nurse shall be required to join the Association as a condition of employment with the County. Notification of Dues Deduction Changes. The Association shall regularly provide the County with the names of employees for whom dues deductions should be initiated, changed, or discontinued pursuant to this section in a manner that has been mutually agreed upon by the County and the Association and set forth in a separate protocol document. The Association will submit a spreadsheet in an agreed upon format to the Office of the Auditor-Controller via email. Requests for dues deductions received by the Auditor-Controller by the close of business at least five (5) business days prior to t he end of the pay period will be implemented in the following pay period. Bargaining unit members who are members of the Association on or after the effective date of this Agreement who wish to withdrawal from Association membership may do so by filing a written notice with the Association in accordance with the terms of the Association form signed by the nurse. No nurse shall be dropped from Association membership upon return from any leave of absence or layoff, unless such leave or layoff constitutes a b reak in service. Any communications received by the County regarding Association membership shall be returned to the nurse by the County with reference to this article. The County shall direct all bargaining unit member questions regarding Association membership to the Association. The Association will receive copies of all such correspondence. November 6, 2018 BOS Minutes 49 SECTION 2 – ASSOCIATION SECURITY CNA - 5 - 2018-2021 CONTRIBUTING NON-MEMBER FEES: Upon notification to the County by the Association, nurses in the bargaining unit who do not elect to pay dues as outlined in Section 2.2 above, may voluntarily pay a Contributing Non-Member Fee in the amount established by the Association. The amount of the Contributing Non-Member Fee shall not exceed the monthly dues that are payable by members of the Association. The amount of the fee shall be deducted by the County from the wages of the employee and paid to the Association. 2.3 Communicating With Employees. The Association shall be allowed to use designated portions of bulletin boards or display areas in public portions of County buildings or in public portions of offices in which there are employees represented by the Association, provided the communications displayed have to do with matters within the scope of representation, and further provided that the employee organization appropriately posts and removes the information. The Department Head reserves the right to remove objectionable materials after notification to and discussion with the Association. Representatives of the Association, not on County time, shall be permitted to place a supply of employee literature at specific locations in County buildings if arranged through the Labor Relations Manager; said representatives may distribute employee organization literature in work areas (except work areas not open to the public) if the nature of the literature and the proposed method of distribution are compatible with the work environment and work in progress. Such placement and/or distribution shall not be performed by on -duty employees. The Association shall be allowed access to work locations in which it represents employees for the following purposes: A. to post literature on bulletin boards; B. to arrange for use of a meeting room; C. to leave and/or distribute a supply of literature as indicated above; D. to represent an employee on a grievance, and/or to contact an Association officer on a matter within the scope of representation. In the application of this provision, it is agreed and understood that in each such instance, advance arrangements, including disclosure of which of the above purposes is the reason for the visit, will be made with the departmental representative in charge of the work area, and the visit will not interfere with County services. 2.4 Use of County Buildings. The Association shall be allowed the use of areas normally used for meeting purposes for meetings of County employees during non - work hours when: November 6, 2018 BOS Minutes 50 SECTION 2 – ASSOCIATION SECURITY CNA - 6 - 2018-2021 A. such space is available and its use by the Association is scheduled twenty-four (24) hours in advance; B. there is no additional cost to the County; C. it does not interfere with normal County operations; D. employees in attendance are not on duty and are not scheduled for duty; E. the meetings are on matters within the scope of representation. The administrative official responsible for the space shall establish and maintain scheduling of such uses. The Association shall maintain proper order at the meeting and see that the space is left in a clean and orderly condition. The use of County equipment (other than items normally used in the conduct of business meetings, such as desks, chairs, ashtrays, and blackboards) is strictly prohibited, even though it may be present in the meeting area. 2.5 Advance Notice. The Association shall, except in cases of emergency, have the right to reasonable notice of any ordinance, rule, resolution or regulation directly relating to matters within the scope of representation proposed to be adopted by the Board, or boards and commissions designated by the Board, and to meet with the body considering the matter. The listing of an item on a public agenda, or the mailing of a copy of a proposal at least seventy-two (72) hours before the item will be heard, or the delivery of a copy of the proposal at least twenty-four (24) hours before the item will be heard, shall constitute notice. In cases of emergency when the Board, or boards and commissions designated by the Board, determines it must act immediately without such notice or meeting, it shall give notice and opportunity to meet as soon as practical afte r its action. 2.6 Written Statement for New Employees. A. The County will provide a written statement to each new employee hired into a classification in any of the bargaining units represented by the Association, that the employee's classification is represented by the Association, and the name of a representative of the Association. B. The County will provide written notice of both Employer-wide and department level new employee orientations (no matter how few participants, and whether in person, online or through other means or mediums) to the Association, at least ten (10) business days prior to the event. This notice shall include a full attendance list of all bargaining unit employees. November 6, 2018 BOS Minutes 51 SECTION 2 – ASSOCIATION SECURITY CNA - 7 - 2018-2021 C. The new employee orientation notice provided to the Association will include the date, time and location of the orientation. D. Representatives of the Association shall be permitted to make a presentation of up to thirty (30) minutes, and present written materials, at the end of the orientation. E. One bargaining unit member attending orientation as the Association representative shall be given paid release time sufficient to cover the Association’s presentation and travel time. The Association will provide the name of any employee who they wish to be released at least 48 hours in advance to the Labor Relations Manager. F. The County Human Resources Department shall monthly furnish a list of all new hires to the Association. G. To the extent that a nurse’s orientation process is individualized, and/or to the extent that a nurse for any reason does not within sixty (60) days of beginning work attend a group orientation meeting as described above, the following alternate provisions shall apply: 1.CNA shall notify the nurse, the nurse’s manager and the local Lab or Relations office of a proposed thirty (30) minute time slot, during normal working hours, for a designated CNA representative to meet privately with (and provide materials and information to) the nurse, without management personnel or any other persons present. 2.For reasons of operational necessity only, the County may notify CNA that the proposed time is unworkable and that CNA must propose an alternate time. 2.7 Assignment of Classes to Bargaining Units. The County shall assign new classes in accordance with the following procedure: A. Initial Determination. When a new class title is established, the Employee Relations Officer or his/her designee shall review the composition of existing representation units to determine the appropriateness of includ ing some or all of the employees in the new class in one or more existing representation units, and within a reasonable period of time, shall notify all recognized employee organizations of his/her determination. B. Final Determination. His/her determination is final unless, within ten (10) days after notification, a recognized employee organization requests in writing to meet and confer thereon. C. Meet and Confer and Other Steps. He/she shall meet and confer with such requesting organizations (and with other recognized employee organizations where appropriate) to seek agreement on this matter within sixty (60) days after November 6, 2018 BOS Minutes 52 CNA - 8 - 2018-2021 the ten (10) day period in B. (above), unless otherwise mutually agreed. Thereafter, the procedures in cases of agreement and disagreement, arbitration referral and expenses, and criteria for determination shall conform to those in Subsections D. through I. of Section 34-12.008 of Board of Supervisors’ Resolution No. 81/1165. SECTION 3 – NO DISCRIMINATION There shall be no discrimination because of race, creed, color, national origin, sexual orientation or Association activities against any employee or applicant for employment by the County or by anyone employed by the County; and to the extent prohibited by applicable State and Federal law, there shall be no discrimination because of age. There shall be no discrimination against any disabled person solely because of such disability unless that disability prevents the person from meeting the minimum qualifications established for the position. There shall be no discrimination because of Association membership or legitimate Association activity against any employee or applicant for employment by the County or anyone employed by the County. SECTION 4 – NURSE REPRESENTATIVES 4.1 Attendance at Meetings. Employees designated as nurse representatives of the Association shall be allowed to attend meetings held by County agencies during regular working hours on County time as follows: A. if their attendance is required by the County at a specific meeting; B. if their attendance is sought by a hearing body or presentation of testimony or other reasons; C. if their attendance is required for meetings scheduled at reasonable times agreeable to all parties required for settlement of grievances filed pursuant to Section 24 – Grievance Procedure of this Memorandum; D. if they are designated as a nurse representative in which case they may utilize a reasonable time at each level of the proceedings to assist an employee to present a grievance, provided the meetings are scheduled at reasonable times agreeable to all parties; E. if they are designated as spokesperson or representative of the Association, and as such, make representations or presentations at meetings or hearings on wages, salaries, and working conditions; provided in each case, advance arrangements for time away from the employee's work station or assignment are made with the appropriate Department Head, and the County agency calling the meeting is responsible for determining th at the attendance of the particular employee(s) is required; SECTION 3 - NO DISCRIMINATION November 6, 2018 BOS Minutes 53 SECTION 5 – SALARIES CNA - 9 - 2018-2021 F. in order to reduce the impact to patient care , the County agrees to provide a maximum of four (4) hours per month of paid time for a designated nurse representative to attend grievance meetin gs scheduled outside of their regular shift. Such time will be paid at the nurses’ base rate of pay and will not be considered as time worked for the purpose of calculating overtime pay. The Association may designate no more than six (6) representatives to be eligible for such payment. 4.2 Association Representative. Official representatives of the California Nurses Association shall be allowed time off on County time for meetings during regular working hours when formally meeting and conferring in good faith or consulting with the Chief of Labor Relations, or other management representatives on matters within the scope of representation, provided that the number of such representatives shall not exceed two (2) without prior approval of the Chief of Labor Relations, and that advance arrangements for the time away from the work station or assignment are made with the appropriate Department Head. A. Release Time for Successor Bargaining. Release Time for Bargaining: The County shall allow up to six (6) Association members, inclusive of two (2) alternates, paid release time during periods of Successor Bargaining. 4.3 Release Time for Training. The County shall provide the Association a maximum of two hundred forty (240) total hours per year of release time for Association- designated representatives to attend Association-sponsored training programs. Requests for release time shall be provided in writing to the Department and County Human Resources at least fifteen (15) days in advance of the time requeste d. Department Heads will reasonably consider each request and notify the affected employee whether such request is approved within one (1) week of receipt. SECTION 5 – SALARIES 5.1 General Wages. A. Effective the first of the month following adoptio n of this MOU by the Board of Supervisors, the base rate of pay for all classifications represented by the Association will be increased by five percent (5%). B. Effective on May 1, 2019, the base rate of pay for all classifications represented by the Association will be increased by five percent (5%). C. Effective on January 1, 2020, the base rate of pay for all classifications represented by the Association will be increased by five percent (5%). D. Effective on January 1, 2021, the base rate of pay for all classifications represented by the Association will be increased by five percent (5%). November 6, 2018 BOS Minutes 54 SECTION 5 – SALARIES CNA - 10 - 2018-2021 5.2 Longevity Pay. The following supplementary longevity payments shall be made based on the following criteria: A. Employees in the Registered Nurses Unit and Public Health Nurse Unit shall receive additional longevity pay in the amount of two and one -half percent (2.5%) under the following conditions: 1.Completion of seven (7) years of County service; or 2.Completion of twenty-four (24) months at top step of the current classification salary ranges covered by this agreement, whichever occurs first. B. Employees in the Registered Nurses Unit and Public Health Nurse Unit who have completed ten (10) years of employment shall receive additional pay in t he amount of two and one-half percent (2.5%) for a total of five percent (5%). C. Employees in the Registered Nurses Unit who have completed fifteen (15) years of employment shall receive additional pay in the amount of two and one -half percent (2.5%) for a total of seven and one-half percent (7.5%). D. Employees in the Registered Nurses Unit who have completed twenty (20) years of employment shall receive additional pay in the amount of two and one -half percent (2.5%) for a total of ten percent (10%). 5.3 Charge Nurse Relief. An employee in the Registered Nurse Unit and Staff Nurses Unit who, at the County’s request, relieves a Charge Nurse when he/she is physically off the unit or otherwise unavailable for purposes of performing assigned administrative duties, attending education activities, or other approved leaves of absence for a shift, shall receive an additional twenty-five dollars ($25.00) per shift. Such assignment shall be scheduled among qualified staff on a volunteer rotational basis. Charge Nurse relief will be paid on a prorated basis to an eligible employee if he/she performs relief duties for a minimum of half a scheduled shift. Charge Nurse relief will also be paid on a prorated basis to an eligible employee in an outpatient clinic who is “assigned responsibility” for clinic operations for four (4) or more hours during a given shift. 5.4 Deep Class Exception. The following provisions of this section shall apply to all employees except as modified by deep class resolutions. This secti on shall cease to apply as of January 1, 2017. 5.5 Entrance Salary or Wage. A. New employees shall generally be appointed at the first (1) step of the salary or hourly wage range established for the particular class of position to which the appointment is made. However, the appointing authority may recommend that an appointment be made at a step above the first (1) step of the range based on education and experience, subject to authorization November 6, 2018 BOS Minutes 55 SECTION 5 – SALARIES CNA - 11 - 2018-2021 by the Director of Human Resources. B. For employees in the Registered Nurses Unit, Public Health Nurse Unit, and Staff Nurses Unit, credit given for years of Registered Nurse experience shall be discussed at the request of the Association. This Section 5.5(B) is not subject to the grievance procedure of the MOU. 5.6 Anniversary Dates. Permanent Employees: Except as may otherwise be provided for in deep class resolutions, anniversary dates for employees in permanent positions will be set as follows: A. New Employees. The anniversary date of a new employee is the first day of the calendar month after the calendar month when the employee successfully completes six (6) month’s service; provided, however, if an employee began work on the first regularly scheduled workday of the month, the anniversary date is the first day of the calendar month when the employee successfully completes six (6) months service. B. Promotions. The anniversary date of a promoted employee is determined as for a new employee in Subsection 5.6 A. above. C. Transfer, Reallocation and Reclassification. The anniversary date of an employee who is transferred to another position or one whose position has been reallocated or reclassified to a class allocated to the same salary range or to a salary range which is within five percent (5%) of the top step of the previous classification, remains unchanged. D. Reemployments. The anniversary of an employee appointed from a reemployment list to the first step of the applicable salary range and not required to serve a probation period is determined in the sam e way as the anniversary date is determined for a new employee who is appointed the same date, classification and step and who then successfully completes the required probationary period. E. Notwithstanding other provisions of this Section 5, the anniver sary of an employee who is appointed to a classified position from outside the County's merit system at a rate above the first step of salary range for the employee's new class, or who is transferred from another governmental entity to this County's merit system, is one (1) year from the first day of the calendar month after the calendar month when the employee was appointed or transferred; provided, however, when the appointment or transfer is effective on the employee's first regularly scheduled workday of that month, his/her anniversary is one (1) year after the first calendar day of that month. November 6, 2018 BOS Minutes 56 SECTION 5 – SALARIES CNA - 12 - 2018-2021 Per Diem Employees: The anniversary date of a new employee is the first day of the calendar month after the calendar month when the employee successfully completes six (6) months of County service. 5.7 Increments Within Range. A. Permanent Employees: 1.Each employee will be reviewed annually. 2.Effective January 1, 2018, each employee, except those employees already at the maximum salary step, shall be advanced t o the next higher step in their salary range on their anniversary dat e as set forth in Section 5.6. 3.Except as herein provided, increments within range shall not be granted more frequently than once a year, nor shall more than one (1) step within - range increment be granted at one time, except as otherwise provided in deep class resolutions. If an operating department verifies in writing that an administrative or clerical error was made in failing to submit the documents needed to advance an employee to the next salary step on the first of the month when eligible, said advancement shall be made retroactive to the first of the month when eligible. 4.Notwithstanding the provisions of this Section 5.7, between November 1, 2015, through December 31, 2017, employee s will not be granted any salary step increases/advancements. B. Per Diem Employees: 1.Each per diem employee will be reviewed annually. 2.Effective January 1, 2018, each employee, except those employees already at the maximum salary step, shall be adva nced to the next higher step in their salary range on their anniversary dat e as set forth in Section 5.6. 3.Notwithstanding the provisions of this Section 5.7, between November 1, 2015, through December 31, 2017, per diem employees will not be granted an hourly wage rate step increases/advancements. 5.8 Part-Time Compensation. An employee in a permanent part-time position shall be paid a monthly salary in the same ratio to the full -time monthly rate to which the employee would be entitled as a full-time employee under the provisions of this Section 5 as the number of hours per week in the employee's part-time work schedule bears to the number of hours in the full-time work schedule of the department. November 6, 2018 BOS Minutes 57 SECTION 5 – SALARIES CNA - 13 - 2018-2021 If employment is permanent-intermittent, depending on departmental requirements, payment for hours worked shall be made at the hourly rate established for the step of the salary range at which an employee is appointed. The County shall determine the differential paid to permanent-intermittent employees, provided it is no less than fifteen percent (15%) of the hourly rate. 5.9 Compensation for Portion of Month. Any employee in a permanent position who works less than any full calendar month, except when on earned vacation or authorized sick leave, shall receive as compensation for services an amount which is in the same ratio to the established monthly rate as the number of days worked is to the actual working days in such employee's normal work schedule for the particular month; but if the employment is intermittent, compensation shall be on an hourly basis. 5.10 Position Reclassification. An employee who is an incumbent of a position which is reclassified to a class which is allocated to the same range of the basic salary schedule as is the class of the position before it was reclassified, shall be paid at the same step of the range as the employee received under the previous classification. An incumbent of a position which is reclassified to a class which is allocated to a lower range of the basic salary schedule shall continue to receive the same salary as before the reclassification, but if such salary is greater than the maximum of the range of the class to which the position has been reclassified, the salary of the incumbent shall be reduced to the maximum salary for the new classification. The salary of an incumbent of a position which is reclassified to a class which is allocated to a range of the basic salary schedule greater than the range of the class of the position before it was reclassified shall be governed by the provisions of Section 5.12 – Salary on Promotion. 5.11 Salary Reallocation and Salary on Reallocation. A. In a general salary increase or decrease, an employee in a class which is reallocated to a salary range above or below that to which it was previously allocated, when the number of steps remain the same, shall be compensated at the same step in the new salary range the employee was receiving in the range to which the class was previously allocated. If the reallocation is from one salary range with more steps to a range with fewer steps or vice versa, the employee shall be compensated at the step on the new range which is in the same percentage ratio to the top step of the new range as was the salary received before reallocation to the top step of the old range, but in no case shall any employee be compensated at less than the first step of the range to which the class is allocated. B. In the event that a classification is reallocated from a salary range with more steps to a salary range with fewer steps on the salary schedule, apart from the general salary increase or decrease described in this Section 5.11.A, each incumbent of a position in the reallocated class shall be placed upon the step of the new range which equals the rate of pay received before the reallocation. In the event that the steps in the new range do not contain the same rates as the old range, each incumbent shall be placed at the step of the new range which is November 6, 2018 BOS Minutes 58 SECTION 5 – SALARIES CNA - 14 - 2018-2021 next above the salary rate received in the old range , or if the new range does not contain a higher step, at the step which is next lower than the salary received in the old range. C. In the event an employee is in a position which is reallocated to a different class which is allocated to a salary range the same as, or above or below the salary range of the employee's previous class, the incumbent shall be placed at the step in the new class which equals the rate of pay received before reallocation. In the event that the steps in the range for the new class do not contain the same rates as the range for the old class, the incumbent shall be placed at the step of the new range which is next above the salary rate received in the old range; or if the new range does not contain a higher step, the incumbent shal l be placed at the step which is next lower than the salary received in the old range. D. In the event of reallocation to a deep class, the provisions of the deep class resolution and incumbent salary allocations, if any, shall supersede this Section 5.11. 5.12 Salary on Promotion. Any employee in a permanent position who is appointed to a position of a class allocated to a higher salary range than the class previously occupied, except as provided under Section 5.16, shall receive the salary in the new salary range which is next higher than the rate received before promotion. In the event this increase is less than five percent (5%), the employee's salary shall be adjusted to the step in the new range which is at least five percent (5%) greater than the next higher step; provided, however, that the next step shall not exceed the maximum salary for the higher class. In the event of the appointment of a laid off employee from the layoff list to the class from which the employee was laid off, the employee shall be appointed at the step which the employee had formerly attained in the higher class unless such step results in a decrease in which case the employee is appointed to the next higher step. If, however, the employee is being appointed into a class a llocated to a higher salary range than the class from which the employee was laid off, the salary will be calculated from the highest step the employee achieved prior to layoff, or from the employee’s current step, whichever is higher. 5.13 Salary on Involuntary Demotion. Any employee in a permanent position who is demoted, except as provided under Section 5.15-Transfer, shall have his/her salary reduced to the monthly salary step in the range for the class of position to which he/she has been demoted next lower than the salary received before demotion. In the event this decrease is less than five percent (5%), the employee's salary shall be adjusted to the step in the new range which is five percent (5%) less than the next lower step; provided, however, that the next step shall not be less than the minimum salary for the lower class. Whenever the demotion is the result of layoff, cancellation of positions, or displacement by another employee with greater seniority rights, the salary of the demoted emplo yee shall be that step on the salary range which he/she would have achieved had he/she been continuously in the position to which he/she has been demoted, all within -range increments having been granted. November 6, 2018 BOS Minutes 59 SECTION 5 – SALARIES CNA - 15 - 2018-2021 5.14 Salary on Voluntary Demotion. Whenever any employee in a permanent position voluntarily demotes to a position in a class having a salary range lower than that of the class from which he/she demotes, his or her salary shall remain the same if the steps in his or her new (demoted) salary range permit, and if not, the new salary shall be set at the step next below former salary. 5.15 Transfer. An employee in a permanent position who is transferred from one position to another as described under "Transfer" shall be placed at the step in the salary range of the new class which equals the rate of pay received before the transfer. In the event that the steps in the range for the new class do not contain the same rates as the range for the old class, the employee shall be placed at the step of the new range which is next above the salary rate received in the old range; or if the new range does not contain a higher step, the employee shall be placed at the step which is next lower than the salary received in the old range. If the transfer is to a deep class, the provisions of the deep class resolution on salary of transfers, if any, shall apply in lieu of the above provisions. 5.16 Pay for Work in Higher Classification. When an employee in a permanent position in the merit system is required to work in a classification for which the compensation is greater than that to which the employee is regularly assigned, the employee shall receive compensation for such work at the rate of pay established for the higher classification pursuant to Subsection 5.12 – Salary on Promotion of this Memorandum, commencing on the forty-first (41st) consecutive hour in the assignment, under the following conditions: A. The employee is assigned to a program, service, or activity established by the Board of Supervisors which is reflected in an authorized position which has been classified and assigned to the Salary Schedule. B. The nature of the departmental assignment is such that the employee in the lower classification becomes fully responsible for the duties of the position of t he higher classification. C. Employee selected for the assignment will normally be expected to meet the minimum qualifications for the higher classification. D. Pay for work in a higher classification shall not be utilized as a substitute for regular promotional procedures provided in this memorandum. E. The appropriate authorization form has been submitted by the Department Head and approved by the County Administrator. F. Higher pay assignments shall not exceed six (6) months except through reauthorization. November 6, 2018 BOS Minutes 60 SECTION 5 – SALARIES CNA - 16 - 2018-2021 G. If approval is granted for pay for work in a higher classification and the assignment is terminated and later re-approved for the same employee within thirty (30) days, no additional waiting period will be required. H. Any incentives (e.g., the education incentive) and special differentials (e.g., bilingual differential and Emergency Department differential) accruing to the employee in his/her permanent position shall continue. I. During the period of work for higher pay in a higher classificat ion, an employee will retain his/her permanent classification, and anniversary and salary review dates will be determined by time in that classification; except that if the period of work for higher pay in a higher classification exceeds one (1) year conti nuous employment, the employee, upon satisfactory performance in the higher classification, shall be eligible for a salary review in that class on his/her next anniversary date. Notwithstanding any other salary regulations, the salary step placement of employees appointed to the higher class immediately following termination of the assignment shall remain unchanged. J. Allowable overtime pay, shift differential, and/or work location differentials will be paid on the basis of the rate of pay for the higher class. 5.17 Payment. On the tenth (10th) day of each month, the Auditor -Controller will draw a warrant upon the Treasurer in favor of each employee in a permanent position for the amount of salary due the employee for the preceding month; provided, howe ver, that each employee (except those paid on an hourly rate) may choose to receive an advance on the employee's monthly salary, in which case the Auditor -Controller shall, on the twenty-fifth (25th) day of each month, draw his/her warrant upon the Treasur er in favor of such employee. The advance shall be in an amount equal to one-third (1/3) or less, at the employee's option, of the employee's basic salary of the previous month except that it shall not exceed the amount of the previous month's basic salar y less all requested or required deductions. The election to receive an advance shall be made on or before April 30 or October 31 of each year or during the first month of employment by filing on forms prepared by the Auditor-Controller a notice of election to receive a salary advance. Each election shall become effective on the first day of the month following the deadline for filing the notice and shall remain effective until revoked. In the case of an election made pursuant to this section, all required or requested deductions from salary shall be taken from the second installment, which is payable on the tenth (10th) day of the following month. For employees in per diem classifications, on the tenth (10th) and twenty-fifth (25th) day of each month, the Auditor-Controller will draw a warrant upon the Treasurer in favor of each employee for the amount of wages due the employee for the preceding pay period. The County reserves the right to change the frequency of pay dates. November 6, 2018 BOS Minutes 61 SECTION 5 – SALARIES CNA - 17 - 2018-2021 5.18 Nursing Certification Test Fee Reimbursement. The County shall reimburse employees for test fees involved in taking National Certification tests upon presentation of certification. 5.19 Pay Warrant Errors. If an employee receives a pay warrant which has an error in the amount of compensation to be received and if this error occurred as a result of a mistake by the Auditor-Controller's Office, it is the policy of the Auditor-Controller's Office that the error will be corrected and a new warrant issued within forty-eight (48) hours, exclusive of Saturdays, Sundays and holidays, from the time the department is made aware of and verifies that the pay warrant is in error. Pay errors discovered by the County found in employee pay shall be corrected as soon as possible as to current pay rate but that no recovery of either overpayments or underpayments to an employee shall be made retroactively except for the six (6) month period immediately preceding discovery of the pay error. This provision shall apply regardless of whether the error was made by the employee, the appointing authority or designee, the Director of Human Resources or designee, or the Auditor -Controller or designee. Discovery of fraudulently accrued over or underpayments are excluded from this section for both parties. When the County notifies an employee of an overpayment and proposed repayment schedule, the employee may accept the proposed repayment schedule or may request a meeting through the County Human Resources Department. If requested, a meeting shall be held to determine a repayment schedule which shall be no longer than three times (3) the length of time the overpayment occurred. If requested by the employee, a Union representative may be present at a meeting with management to discuss a repayment schedule in the case of overpayments to the employee. 5.20 Electronic Health Records Incentive Program. The federal Medicaid (Medi- Cal) Electronic Health Records (“EHR”) Incentive Program (“EHR Incentive Program”), pursuant to the federal Health Information Technology for Economic Clinical Health (HITECH) Act provides incentive payments to an eligible professional (“EP”) for meaningful use of an EHR system. The terms “EHR Incentive Program,” “EHR,” “EP,” “meaningful use,” “adopt, implement, and upgrade (AIU),” and “incentive payments,” as used in this MOU, have the same meaning as those definitions in Part 495 of Title 42 the Code of Federal Regulations. In furtherance of the goals of the EHR Incentive Program, EPs who are employed in classifications represented by CNA will do the following: A. EPs will utilize the County’s certified EHR system, ccLink, in accordance with the meaningful use requirements of the EHR Incentive Program and any Health Services Department requirements. EPs will cooperate with all requests from the County to provide information, documentation, or validation of their meaningful use of ccLink. November 6, 2018 BOS Minutes 62 SECTION 6 – DAYS AND HOURS OF WORK CNA - 18 - 2018-2021 B. No later than February 17, 2016, for the 2015 incentive payment year, EPs who wish to obtain an EHR incentive payment for AIU to ccLink, must register and attest to meeting EHR Incentive Program requirements for AIU through the federal Centers for Medicare and Medicaid Services (CMS) EHR Incentive Program Registration and Attestation System and select the Medi-Cal EHR State Level Registry Medicaid arm of the EHR Incentive Program. An EP is solely responsible for any consequences, including but not limited to tax consequences, that result from his/her receipt of an EHR incentive payment for AIU. The Health Services Department will, upon request, assist EPs with the process to apply for the EHR incentive payment for AIU. EPs who receive or apply for an EHR incentive payment for AIU by February 17, 2016, will reassign subsequent incentive payments to the County as described in 5.20.C., below. EPs who do not receive or apply to receive an EHR incentive payment for AIU by February 17, 2016, will reassign all EHR incentive payments to the County as described in 5.20.C., below. The intent of this provision is that no EP will receive more than one (1), if any, EHR incentive payments before reassignment of the EHR incentive payments to the County after February 17, 2016. C. Beginning with the 2016 incentive payment year and each year thereafter, EPs employed in classifications represented by CNA will reassign their EHR incentive payments to the County. The EPs will provide the County with any requested information and complete any necessary documentation to reassign their EHR incentive payments to the County. In consideration for the reassignment of th e EHR incentive payments, the County and CNA agree to the wage increases set forth in Section 5.1.A, above. D. This Section 5.20 is not subject to the grievance procedure of this MOU. E. This Section 5.20 expires upon expiration of the EHR Incentive Program in 2021. SECTION 6 – DAYS AND HOURS OF WORK 6.1 Days and Hours of Work. This language is intended to replace all language in the MOU’s purporting to define work schedules, including flexible and alternate work schedules. DEFINITIONS: The work schedules of each employee must conform with the following definitions: A. Regular Work Schedule: A regular work schedule is eight (8) hours per day, Monday through Friday, inclusive, for a total of forty (40) hours per week. The regular workweek of County employees begins at 12:01 a.m. Monday and ends at 12:00 midnight Sunday. For twenty-four (24) hour shift employees, including employees of inpatient units on 4/10 schedules, the normal workweek begins at 12:01 a.m. Sunday and ends at 12:00 midnight Saturday. B. Flexible Work Schedule: A flexible work schedule is any work schedule where November 6, 2018 BOS Minutes 63 SECTION 6 – DAYS AND HOURS OF WORK CNA - 19 - 2018-2021 an employee is regularly scheduled to work other than eight (8) hours per day between Monday and Friday, inclusive. The 9/80 and the 4/10 schedules are two examples of flexible work schedules. C. Alternate Work Schedule: An alternate work schedule is any work schedule where an employee is regularly scheduled to work five (5) days per week, but the employee’s regularly scheduled two (2) days off are NOT Saturday and Sund ay. D. Workweek For Employees on Regular, Alternate, and 4/10 Work Schedules: The 4/10 work schedule consists of four (4), ten (10) hour days that have the same start time with either a Monday or Friday off. The workweek for employees on a regular, alternate or 4/10 workweek begins at 12:01 a.m. on Monday and end s at 12:00 midnight on Sunday. E. Workweek for Employees on a 9/80 Work Schedule: The 9/80 work schedule consists of a two (2) calendar week period during which an employee works a recurring schedule of thirty-six (36) hours in one calendar week and forty-four (44) hours in the next calendar week, but only forty (40) hours in the designated workweek. In the thirty-six (36) hour calendar week, the employee works four (4) nine (9) hour days and has the same day of the week off that is worked for eight (8) hours in the forty-four (44) hour calendar week. In the forty-four (44) hour calendar week, the employee works four (4) nine (9) hour days and one (1) eight (8) hour day. To ensure that the employee’s regular work schedule does not result in unauthorized overtime, the employee’s workweek begins one (1) minute after the midpoint of the employee’s eight (8) hour workday, such that has worked four (4) hours of the eight (8) hour workday, so that four (4) of the hours of that workday are in one (1) workweek and the other four (4) hours are in the next workweek. The parties agree to reopen the work schedule provisions of the MOU for the purpose of ensuring consistent practice among departments and applicable regulatory requirements. It is not the intent of the parties that such negotiations take away from or add to the current work schedule provisions, except to ensure that such provisions are consistently applied in accordance with the MOU, County policies and any legal requirements. 6.2 Four (4) Week Schedules/Weekend Schedules. For Registered Nurses assigned to areas that have twenty-four (24) hour staffing, a four (4) week work schedule will be published by Nursing Administration which provides that each Registered Nurse shall have every other weekend off. Registered Nurses may exchange days off within the four (4) week cycle but no Registered Nurse shall become eligible for overtime as the result of said exchange. Such exchange days off shall be subject to the approval of the appropriate Nursing Program Manager. Registered Nurses and Family Nurse Practitioners with twenty (20) years of service with the County shall, upon request, be granted every weekend off. The seniority date to be used to determine eligibility for weekends off after twenty (20) years of service will be November 6, 2018 BOS Minutes 64 SECTION 7 – OVERTIME AND COMPENSATORY TIME CNA - 20 - 2018-2021 the County Service Award date as defined in Section 45 – Length of Service Definition (for service awards and vacation accruals) of the MOU. Registered Nurses and Family Nurse Practitioners hired on or after January 1, 2019 with twenty (20) years of service with the County shall, upon request, be granted every weekend off. The service date used to determine eligibility for weekends off after twenty (20) years of service will be the employee’s initial hire date into an Association bargaining unit classification. 6.3 Time Changes: Pacific Standard Time and Daylight Savings Time. For those nurses who work on the shift when daylight savings time begins and ends each year, their work hours will be adjusted for that shift to the number of work hours they regularly work on that shift. 6.4 Low Census. In the event that there is a decrease in the hospital census requiring adjusting levels of nurse staffing and/or there are insufficient nurses who volunteer to use accruals or take time off without pay in order to reduce staffing to the necessary level, the County and Association agree to meet and confer upon request regarding formal low census provisions. SECTION 7 – OVERTIME AND COMPENSATORY TIME 7.1 Overtime. Overtime is any authorized work performed in excess of forty (40) hours per week or (8) eight hours per day. Overtime for employees on other work schedules such as on ten (10) hour or twelve (12) hour shifts is any work p erformed beyond that work schedule or forty (40) hours per week. All overtime shall be compensated for at the rate of one and one-half (1-1/2) times the employee's base rate of pay (not including shift and other special differentials). Permanent part -time registered nurses shall be compensated at the straight time rate for those hours worked over and above the regular work schedule but less than eight (8) hours a day or forty (40) hours per week. Overtime for permanent employees is earned and credited in a maximum of one (1) minute increments and is compensated by either pay or compensatory time off. Employees who work a double shift shall receive fifty-four dollars ($54.00) in addition to all other compensation for each double shift worked. Registered Nurses who work from the beginning of their regularly scheduled shift to the conclusion of the next scheduled shift will be considered to have worked a double shift. If the second shift is not completed, the premium will be prorated. If the total hours worked, excluding lunch breaks, exceed sixteen (16) hours, additional prorated premium will be paid. Employees entitled to overtime credit for holidays in positions which work around the clock (such as the County Hospital, Sheriff's Office, Jails, Juvenile Hall, and Boys' Ranch) shall be provided a choice as to whether they shall be paid at the overtime rate or shall receive compensatory time off at the rate of one and one -half (1-1/2) hours compensatory time off for each hour worked. Such compensatory tim e off, and the accumulation thereof, shall be in addition to the total vacation accumulation permitted November 6, 2018 BOS Minutes 65 SECTION 7 – OVERTIME AND COMPENSATORY TIME CNA - 21 - 2018-2021 under the terms of this MOU. The specific provisions of this accumulation are set forth in Section 12.5 – Accrual of Holiday Time of this MOU. Regular overtime for twenty-four (24) hour institutional employees may be accrued as compensatory time in accordance with Section 7.2 of this MOU. 7.2 Compensatory Time. The following provisions shall apply: A. Employees may periodically elect to accrue compensato ry time off in lieu of overtime pay and call-back pay. 1.Eligible employees who elect to receive compensatory time off in lieu of overtime pay must notify their Department Head or designee of their intention to accrue compensatory time off or to receive overtime pay at least thirty (30) days in advance of the change. 2.Eligible employees who elect to receive compensatory time off for call- back must agree to do so for a full fiscal year (July 1 through June 30). The employee must notify their department payro ll staff in writing of any change in the election by May 31 of each year. Employees who become eligible (i.e., newly hired employees, employees promoting, demoting, etc.) for call-back compensatory time after May 31 of each year will be paid for authorized time until the next notification period. For the 2016/17 partial fiscal year, election must be made by August 31 and may begin September 1, 2016. Health Services Administration will alert employees of the new compensatory time election procedures. B. The names of those employees electing to accrue compensatory time off in lieu of overtime pay or call-back pay shall be placed on lists maintained by the Department. Employees who become eligible (i.e., newly hired employees, employees promoting, demoting, etc.) for compensatory time off in accordance with these guidelines, must elect to accrue compensatory time or they will be paid for authorized overtime hours worked. C. Compensatory time off shall be accrued at the rate of one and one -half (1-1/2) times the actual authorized overtime hours worked or call-back time earned by the employee. Compensatory time off may also be accrued for “plus one (1) hour” earned described in Sections 8.1 and 8.2. D. Employees may not accrue a compensatory time- off balance that exceeds one hundred twenty (120) hours (i.e., eighty [80] hours at time and one -half [1-1/2]). Once the maximum balance has been attained, authorized overtime hours and call-back time will be paid at the overtime and call-back rates. If the employee's balance falls below one hundred twenty (120) hours, the employee shall again accrue compensatory time off for authorized overtime hours worked or call -back time earned until the employee's balance again reaches one hundred twenty (120) hours. E. Accrued compensatory time off shall be carried over for use in the next fiscal November 6, 2018 BOS Minutes 66 SECTION 7 – OVERTIME AND COMPENSATORY TIME CNA - 22 - 2018-2021 year; however, as provided in D. above, accrued compensatory time -off balances may not exceed one hundred twenty (120) hours. F. The use of accrued compensatory time off shall be by mu tual agreement between the Department Head or designee and the employee. In cases of emergency, employees will be allowed to use compensatory time with the approval of their supervisor to supplement any unpaid hours. Such approval shall not be denied unless employee has received prior notice. Compensatory time off shall not be taken when the employee should be replaced by another employee who would be eligible to receive, for time worked, either overtime payment or compensatory time accruals as provided fo r in this Section. This provision may be waived at the discretion of the Department Head or designee. G. When an employee promotes, demotes or transfers from one classification eligible for compensatory time off to another classification eligible for compensatory time off within the same department, the employee's accrued compensatory time-off balance will be carried forward with the employee. H. Compensatory time accrual balances will be paid off when an employee moves from one department to another through promotion, demotion or transfer. Said payoff will be made in accordance with the provisions and salary of the class from which the employee is promoting, demoting or transferring as set forth in I. below. I. Since employees accrue compensatory time off at the rate of one and one-half (1-1/2) hours for each hour of authorized overtime worked or call-back time earned, accrued compensatory time balances will be paid off at the straight time rate (two-thirds [2/3] of the overtime rate) for the employee's current salary whenever: 1.the employee changes status and is no longer eligible for compensatory time off; 2.the employee promotes, demotes or transfers to another department; 3.the employee separates from County service; 4.the employee retires. J. The Office of the County Auditor-Controller will establish time-keeping procedures to administer this Section. 7.3 Continuous Shifts. At the County's request, if an employee works two (2) continuous shifts (normally sixteen [16] continuous hours) which is outside the employee's regular work schedule and the first eight (8) hours fall on one day and the second eight (8) hours fall on the following day, the employee shall be paid a differential of one-half (1/2) the employee's base salary rate in addition to the employee's base salary rate for the second eight (8) hours. Additionally, such employees shall be provided a meal in the hospital cafeteria at no cost to the employee. November 6, 2018 BOS Minutes 67 SECTION 8 – CALL-BACK TIME CNA - 23 - 2018-2021 7.4 Per Diem Overtime Pay. Employees in the classifications of Staff Nurse-Per Diem (VWWA) and Staff Advice Nurse-Per Diem (VWXF) are eligible to receive overtime pay at the rate of one and one -half (1.5) times the employee’s base rate of pay (not including differentials) for any authorized work performed in excess of the employee’s eight (8), ten (10), or twelve (12) hour shift designation. Any differentials that are applicable to overtime hours worked will be computed on the employee's base rate of pay and not on the employee’s overtime rate of pay. Overtime is earned and credited in one minute increments. No other provisions in this Section 7 apply to employees in per diem classifications, except Section 7.3 Continuous Shifts. The County will pay overtime in accordance with the Fair Labor Standards Act (FLSA) when applicable. SECTION 8 – CALL-BACK TIME 8.1 Call-Back Pay. Any employee who is called back to duty shall be paid at the appropriate rate for the actual time worked plus one (1) hour. Such employee called back shall be paid a minimum of two (2) hours at the appropriate rate of each call back. This provision shall apply to employees who are not in on-call status. 8.2 Operating Room Call Back. A Registered Nurse who is in on-call status for the Operating Room and is called back to duty shall be paid for the actual time s o spent plus one (1) hour, but not less than three (3) hours total for each call back. SECTION 9 – ON-CALL DUTY On-call duty is any time other than time when the employee is actually on duty during which an employee is not required to be on County premi ses but stand ready to immediately report for duty and must arrange so that the employee's superior can contact the employee on ten (10) minutes notice or less. An y employee assigned to on- call time shall be paid one (1) hour of straight time pay for every two (2) hours on such on-call time. SECTION 10 –SHIFT DIFFERENTIAL 10.1 Shift Differentials. A. Evening Shift. An employee who works an evening shift in which the employee works four (4) or more hours between 5:00 p.m. and 11:00 p.m. shall receive a shift differential of twelve percent (12%) of the employee's base pay. Split shifts with more than one and one-half (1-1/2) hours between the two (2) portions of the shift shall also qualify for the twelve percent (12%) hourly differential. November 6, 2018 BOS Minutes 68 SECTION 10 – SHIFT DIFFERENTIAL CNA - 24 - 2018-2021 B. Night Shift. An employee who works a night shift in which the employee works four (4) or more hours between 11:00 p.m. and 8:00 a.m. shall receive a shift differential of fifteen percent (15%) of the employee's base pay. C. Special Provisions. 1.An employee who works overtime shall receive shift differential in addition to overtime compensation only when the overtime hours independently satisfy the requirement for shift differential as stated above. The shift differential shall be computed on the employee's base salary. 2.Employees who have been regularly working a shift qualifying for shift differential immediately preceding the commencement of a vacation, paid sick leave period, paid disability or other paid leave, will have shift differential included in computing the pay for their leave. The paid leave of an employee who is on a rotating shift schedule shall include the shift differential that would have been received had the employee worked the shift for which the employee was scheduled during such period . Shift differential shall only be paid during paid sick leave and paid disability as provided above for the first thirty (30) calendar days of each absence. 3.Employees in the Registered Nursing Unit whose regular shift is extended such that it ends twelve (12) consecutive hours or more after its beginning shall receive shift differential paid at the differential rate appropriate for those additional hours in excess of eight (8). A Registered Nurse released from duty at the request of Nursing Administration prior to the completion of twelve (12) hours work will receive the appropriate shift differential on those hours worked in excess of eight (8) hours. 4.When a shift employee works on a recognized holiday, the employee shall be entitled to holiday pay and shift differential to be computed on the employee's base salary. 10.2 Weekend Differential. Registered Nurses shall receive a weekend shift bonus of sixty dollars ($60.00) per shift for each weekend shift worked which 1) falls on weekends for which the nurse is not scheduled to work in their normal work schedule; 2) falls between the beginning of the night shift on Friday and the end of the evening shift on Sunday; 3) is worked for the full duration of the shift; and 4) is not the result of a trade. The affected Registered Nurse is to note such qualifying shifts on his/her time sheets in order to receive this compensation. 10.3 Departmental Differentials. Each full-time, part-time and permanent- intermittent Registered Nurse who is assigned to one of the following units/services, will receive a salary differential of eighty dollars ($80.00) per month: Surgery, Recovery, Labor and Delivery, Nursery, Postpartum, Pediatrics, Critical Care Unit, Intermediate Care Unit, Emergency Room, 4B, 5C, 5D, Mental Health Crisis Unit, 4A, Inpatient Psychiatry 4C/4D, Martinez Detention, West County Detention, or Juvenile Hall. November 6, 2018 BOS Minutes 69 SECTION 10 - SHIFT DIFFERENTIAL CNA - 25 - 2018-2021 Registered Nurses assigned to the following units/services and Family Nurse Practitioners are not eligible for this differential: Education and Training, Specialty Clinic; Family Practice and Adult Medicine Clinics in Concord, Brentwood, Pittsburg, Antioch, Bay Point, North Richmond, and Richmond Health Centers; Adult Mental Health Dual Diagnosis Program, Public Health Clinic staffing pool, and P ublic Health Nursing pool. 10.4 Emergency Department Differential. A five percent (5%) base pay salary differential shall be paid for those Emergency Department RNs who qualify for an Emergency Department differential. 10.5 Per Diem Differentials. A. Shift Differentials: Employees in the classification of Staff Nurse-Per Diem (VWWA) and Staff Advice Nurse-Per Diem (VWXF) who are paid on an hourly basis, are eligible for the following differentials under the stated circumstances: 1.Evening Shift: An employee will receive a shift differential of twelve percent (12%) of the employee’s base hourly rate of pay for the employee’s entire shift designation when the employee works four (4) or more hours between 5:00 p.m. and 11:00 p.m. 2.Night Shift. An employee will receive a shift differential of fifteen percent (15%) of the employee’s base hourly rate of pay for the employee’s entire shift designation when the employee works four (4) or more hours between 11:00 p.m. and 8:00 a.m. B. Detention Facility Assignment. An employee in a per diem classification who works in Martinez Detention (2578), West County Detention (2580), Marsh Creek Detention (2585), Juvenile Hall (3120), Byron Boys Center (3160), Martinez Detention Infirmary (5700), West County Detention Infirmary (5701), Juvenile Hall Nursing (5702), Detention Mental Health Martinez (5710) or Detention Mental Health West County (5711) will receive a ten percent (10%) differential of the employee’s base hourly rate of pay for each hour worked in that assignment. C. Emergency Department Differential. An employee in a per diem classification who works in the Emergency Department of Contra Costa Regional Medical Center will receive a five percent (5%) differential of the employee’s base hourly rate of pay for each hour worked in the Emergency Department. D Code Gray/STAT Team Differential. An employee in a per diem classification assigned by administration to respond to emergency Code Gray calls as a member of the STAT Team will receive a ten percent (10%) differential of the employee’s base hourly rate of pay for a maximum of eight (8) hours. Assignment is conditional on an employee successfully completing the required non-violence training and maintaining the required certification. November 6, 2018 BOS Minutes 70 SECTION 11 – SENIORITY, WORKFORCE REDUCTION, LAYOFF AND REASSIGNMENT CNA - 26 - 2018-2021 E. No other provisions of this Section 10 apply to employees in per diem classifications. SECTION 11 – SENIORITY, WORKFORCE REDUCTION, LAYOFF AND REASSIGNMENT 11.1 Workforce Reduction. In the event that funding reductions or shortfalls in funding occur in a department or are expected, which may result in layoffs, the department will notify the Union and take the following actions: A. Identify the classification(s) in which position reductions may be required due to funding reductions or shortfalls. B. Advise employees in those classifications that position reductions may occur in their classifications. C. Accept voluntary leaves of absence from employees in those classifications which do not appear to be potentially impacted by possible position reductions when such leaves can be accommodated by the department. D. Consider employee requests to reduce their position hours from full time to part time to alleviate the impact of the potential layoffs. E. Approve requests for reduction in hours, lateral transfers, and volunt ary demotions to vacant, funded positions in classes not scheduled for layoffs within the department, as well as to other departments not experiencing funding reductions or shortfalls when it is a viable operational alternative for the department(s). F. Review various alternatives which will help mitigate the impact of the layoff by working through the Tactical Employment Team (TET) program to: 1.Maintain an employee skills inventory bank to be used as a basis for referrals to other employment opportunities. 2.Determine if there are other positions to which employees may be transferred. 3.Refer interested persons to vacancies which occur in other job classes for which they qualify and can use their layoff eligibility. 4.Establish workshops to aid laid off employees in areas such as resume preparation, alternate career counseling, job search strategy, and interviewing skills. G. When it appears to the Department Head and/or Chief of Labor Relations that the Board of Supervisors may take action which will result in the layoff of employees November 6, 2018 BOS Minutes 71 SECTION 11 – SENIORITY, WORKFORCE REDUCTION, LAYOFF AND REASSIGNMENT CNA - 27 - 2018-2021 in a representation unit, the Chief of Labor Relations shall notify the Union of the possibility of such layoffs and shall meet and confer with the Union regarding the implementation of the action. 11.2 Separation through Layoff. A. Grounds for Layoff . Any employee(s) having permanent status in position(s) in the merit service may be laid off when the position is no longer necessary, or for reasons of economy, lack of work, lack of funds or for such other reason(s) as the Board of Supervisors deems sufficient for abolishing the position(s). B. Order of Layoff. The order of layoff in a department shall be based on inverse seniority in the class of positions, the employee in that department with least seniority being laid off first and so on. C. Layoff by Displacement. 1.In the Same Class. A laid off permanent full-time employee may displace an employee in the department having less seniority in the same class who occupies a permanent-intermittent or permanent part-time position, the least senior employee being displaced first. 2.In the Same Level or Lower Class. A laid off or displaced employee who had achieved permanent status in a class at the same or lower salary level as determined by the salary schedule in effect at the time of layoff may displace within the department and in the class of an employee having less seniority, the least senior employee being displaced first, and so on with senior displaced employees displacing junior employees. D. Particular Rules on Displacing. 1.Permanent-intermittent and permanent part-time employees may displace only employees holding permanent positions of the same type respectively. 2.A permanent full-time employee may displace any intermittent or part -time employee with less seniority 1) in the same class, or 2) in a class of the same or lower salary level if no full-time employee in a class at the same or lower salary level has less seniority than the displacing employees. 3.Former permanent full-time employees who have voluntarily become permanent part-time employees for the purpose of reducing the impact of a proposed layoff with the written approval of the Director of Human Resources or designee retain their permanent full-time employee seniority rights for layoff purposes only and may in a later layoff displace a full-time employee with less seniority as provided in these rules. November 6, 2018 BOS Minutes 72 SECTION 11 – SENIORITY, WORKFORCE REDUCTION, LAYOFF AND REASSIGNMENT CNA - 28 - 2018-2021 E. Seniority. An employee's seniority within a class for layoff and displacement purposes shall be determined by adding the employee's length of service in the particular class in question to the employee's length of service in other classes at the same or higher salary levels as determined by the salary schedule in effect at the time of layoff. Employees reallocated or transferred witho ut examination from one class to another class having a salary within five percent (5%) of the former class, shall carry the seniority accrued in the former class into the new class. Employees reallocated to a new deep class upon its initiation or otherwi se reallocated to a deep class because the duties of the position occupied are appropriately described in the deep class shall carry into the deep class the seniority accrued or carried forward in the former class and seniority accrued in other classes which have been included in the deep class. Service for layoff and displacement purposes includes only the employee's last continuous permanent County employment. Periods of separation may not be bridged to extend such service unless the separation is a result of layoff in which case bridging will be authorized if the employee is reemployed in a permanent position within the period of layoff eligibility. Approved leaves of absence as provided for in these rules and regulations shall not constitute a period of separation. In the event of ties in seniority rights in the particular class in question, such ties shall be broken by length of last continuous permanent County employment. If there remain ties in seniority rights, such ties shall be broken by counti ng total time in the department in permanent employment. Any remaining ties shall be broken by random selection among the employees involved. F. Eligibility for Layoff List. Whenever any person who has permanent status is laid off, has been displaced, has been demoted by displacement or has voluntarily demoted in lieu of layoff or displacement, or has transferred in lieu of layoff or displacement, the person's name shall be placed on the layoff list for the class of positions from which that person has been removed. G. Order of Names on Layoff. First, layoff lists shall contain the names of persons laid off, displaced, or demoted as a result of a layoff or displacement, or who have voluntarily demoted or transferred in lieu of layoff or displacement, or who have transferred in lieu of layoff or displacement. Names shall be listed in order of layoff seniority in the class from which laid off, displaced, demoted or transferred on the date of layoff, the most senior person listed first. In case of ties in seniority, the seniority rules shall apply except that where there is a class seniority tie between persons laid off from different departments, the tie(s) shall be broken by length of last continuous permanent County employment with remaining ties broken by random selection among the employees involved. H. Duration of Layoff and Reemployment Rights. The name of any person granted reemployment privileges shall continue on the appropriate list for a period of two (2) years. Persons placed on layoff lists shall continue on the appropriate list for a period of four (4) years. November 6, 2018 BOS Minutes 73 SECTION 11 – SENIORITY, WORKFORCE REDUCTION, LAYOFF AND REASSIGNMENT CNA - 29 - 2018-2021 I. Certification of Persons From Layoff Lists. Layoff lists contain the name(s) of person(s) laid off, displaced or demoted by displacement or voluntarily demoted in lieu of layoff or displacement or transferred in lieu of layoff or displacement. When a request for personnel is received from the appointing authority of a department from which an eligible(s) was laid off, the appointing authority shall receive and appoint the eligible highest on the layoff list from the department. When a request for personnel is received from a department from which an eligible(s) was not laid off, the appointing authority shall receive and appoint the eligible highest on the layoff list who shall be subject to a probationary period. A person employed from a layoff list shall be appointed at the same step of the salary range the employee held on the day of layoff . J. Removal of Names from Reemployment and Layoff Lists. The Director of Human Resources may remove the name of any eligible from a reemployment or layoff list for any reason listed below: 1.For any cause stipulated in Section 404.1 of the Personnel Management Regulations. 2.On evidence that the eligible cannot be located by postal auth orities. 3.On receipt of a statement from the appointing authority or eligible that the eligible declines certification or indicates no further desire for appointment in the class. 4.If three (3) offers of permanent appointment to the class for which t he eligible list was established have been declined by the eligible. 5.If the eligible fails to respond to the Director of Human Resources or the appointing authority within ten (10) days to written notice of certification mailed to the person's last known address. 6.If the person on the reemployment or layoff list is appointed to another position in the same or lower classification, the name of the person shall be removed. 7.However, if the first permanent appointment of a person on a layoff list is to a lower class which has a top step salary lower than the top step of the class from which the person was laid off, the name of the person shall not be removed from the layoff list. Any subsequent appointment of such person from the layoff list shall result in removal of that person's name. K. Removal of Names from Reemployment and Layoff Certifications. The Director of Human Resources may remove the name of any eligible from a reemployment or layoff certification if the eligible fails to respond withi n five (5) days to a written notice of certification mailed to the person's last known address. November 6, 2018 BOS Minutes 74 SECTION 12 – HOLIDAYS CNA - 30 - 2018-2021 11.3 Notice. The County agrees to give employees scheduled for layoff at least ten (10) workdays notice prior to their last day of employment. 11.4 Special Employment Lists. The County will establish a Tactical Employment Team (TET) Employment Pool which will include the names of all laid-off County employees. Special employment lists for job classes may be established from the pool. Persons placed on a special employment list must meet the minimum qualifications for the class. An appointment from such a list will not affect the individual's status on a layoff list(s). 11.5 Reassignment of Laid Off Employees. Employees who displaced within the same classification from full-time to part-time or intermittent status in a layoff, or who voluntarily reduced their work hours to reduce the impact of layoff, or who accepted a position of another status than that from which they were laid off upon referral from the layoff list, may request reassignment back to their pre-layoff status (full time or part time or increased hours). The request must be in writing in accord with each department's reassignment bid or selection process. Employees will be advised of the rea ssignment procedure to be followed to obtain reassignment back to their former status at the time of the workforce reduction. The most senior laid off employee in this status who requests such a reassignment will be selected for the vacancy; except when a more senior laid off individual remains on the layoff list and has not been appointed back to the class from which laid off, a referral from the layoff list will be made to fill the vacancy. 11.6 Further Study. The County agrees to meet with the employees represented by the Labor Coalition and its member employee organizations (herein referred to as “Labor Coalition”) for study of the concept of employee's waiver of displacement rights in a layoff. SECTION 12 – HOLIDAYS 12.1 Holidays Observed. The County will observe the following holidays: A. January 1st, known as New Year’s Day Third Monday in January known as Dr. Martin Luther King, Jr. Day Third Monday in February, known as Presidents’ Day The last Monday in May, known as Memorial Day July 4th known as Independence Day First Monday in September, known as Labor Day November 11th, known as Veterans’ Day Fourth Thursday in November, known as Thanksgiving Day The Friday after Thanksgiving Day December 25th, known as Christmas Day Such other days as the Board of Supervisors may by resolution designate as holidays. November 6, 2018 BOS Minutes 75 SECTION 12 – HOLIDAYS CNA - 31 - 2018-2021 B. Employees in positions that are designated as twenty-four (24) hour positions will also observe the following additional holidays: September 9th, known as Admission Day Second Monday in October, known as Columbus Day February 12th, known as Lincoln's Day Family Nurse Practitioner positions are designated as twenty-four (24) hour positions. C. Employees who only observe the holidays listed in Subsection 12.1 A. above will accrue two (2) hours of personal holiday credit per month. Such personal holiday time may be taken in increments of one (1) hour, and preference of personal holidays will be given to employees according to their seniority in their department as reasonably as possible. No employee may accrue more than forty (40) hours of personal holiday credit. On separation from County service, an employee will be paid for any unused personal holiday credits at the employee's then current pay rate. D. Any holiday observed by the County that falls on a Saturday is observed on the preceding Friday and any holiday that falls on a Sunday is observed on the following Monday. However, for employees who are assigned to units or services that operate on a shift operational cycle that includes Saturdays and Sundays, holidays are observed on the day on which they fall regardless, if it is a Saturday or Sunday. 12.2 Holiday is NOT Worked and Holiday Falls on Scheduled Work Day A. Holiday Observed – Full-time Employees: Each full-time employee is entitled to observe a holiday (8 hours off work), without a reduction in pay, whenever a holiday is observed by the County. When a full -time employee is scheduled to work less than eight (8) hours on a holiday and the employee observes the holiday, the employee is also entitled to receive flexible pay or flexible compensation time at the rate one (1.0) times his/her base rate of pay (not including differentials) for the difference between eight (8) hours and the hours the employee was scheduled to work on the holiday. B. Holiday Observed in Excess of Eight (8) hours – Full time Employees: When a holiday falls on a full-time employee’s scheduled workday, the employee is entitled to only eight (8) hours off without a reduction in pay. If the workday is a nine (9) hour day, the employee must use one (1) hour of non -sick leave accruals. If the workday is a ten (10) hour day, the employee must use two (2) hours of non-sick leave accruals. If the workday is a twelve (12) hour day, the employee must use four (4) hours of non-sick leave accruals. If the employee does not have any non-sick leave accrual balances, leave without pay (AWOP) will be authorized. November 6, 2018 BOS Minutes 76 SECTION 12 – HOLIDAYS CNA - 32 - 2018-2021 C. Holiday Observed - Part Time Employees: When a holiday is observed by the County, each part time employee is entitled to observe the holiday in the same ratio as his/her number of position hours bears to forty (40) hours, multiplied by 8 (hours), without a reduction in pay. For example, a part time employee whose position hours are 24 per week is entitled to 4.8 hours off work on a holiday (24/40 multiplied by 8 = 4.8). Hereafter, the number of hours produced by this calculation will be referred to as the “Part-Time employee’s holiday hours.” When the number of hours in a part time employee’s scheduled work day that falls on a holiday (“scheduled work hours”) is less than the employee’s “Part Time employee’s holiday hours,” the employee is also entitled to receive flexible pay or flexible compensation time at the rate of one (1.0) times his/her base rate of pay (not including differentials) for the difference between the employee’s “scheduled work hours” and the employee’s “Part -Time employee’s holiday hours.” When the number of hours in a part time employee’s scheduled work day that falls on a holiday (“scheduled work hours”) is more than the employee’s “Part Time employee’s holiday hours,” the employee must use non -sick leave accruals for the difference between the employee’s “scheduled work hours” and the employee’s “Part Time employee’s holiday hours.” If the employee does not have any non-sick leave accrual balances, leave without pay (AWOP) will be authorized. 12.3 Holiday is NOT Worked and Holiday Falls on Scheduled Day Off A. Full-Time Employee: When a holiday is observed by the County on the scheduled day off of a full-time employee, the employee is entitled to take eight (8) hours off work, without a reduction in pay, in recognition of the holiday. The employee is also entitled to receive eight (8) hours of flexible pay or flexible compensation time at the rate of one (1.0) times his/her base rate of pay (not including differentials) in recognition of his/her scheduled day off. B. Part-Time Employee: When a holiday is observed by the County on the scheduled day off of a part-time employee, the part-time employee is entitled to observe the holiday in the amount of the “Part-Time employee’s holiday hours,” without a reduction in pay, in recognition of the holiday. The employee is also entitled to receive flexible pay or flexible compensation time at the rate of one (1.0) times his/her base rate of pay (not including differentials) in the amount of the “Part-Time employee’s holiday hours” in recognition of his/her scheduled day off. 12.4 Holiday is WORKED and Holiday Falls on Scheduled Work Day: A. Full-Time Employee: When a full-time employee works on a holiday that falls on the employee’s scheduled work day, the employee is entitled to r eceive his/her regular salary. The employee is also entitled to receive holiday pay or holiday compensation time at the rate of one and one half (1.5) times his/her November 6, 2018 BOS Minutes 77 SECTION 12 – HOLIDAYS CNA - 33 - 2018-2021 base rate of pay (not including differentials) for all hours worked up to a maximum of eight (8) hours. When a full time employee is scheduled to work more than eight (8) hours on a holiday (long shift) and the employee works more than the long shift hours, the employee is entitled to receive overtime pay or overtime compensation time at the rate of one and one half (1.5) times his/her base rate of pay (not including differentials) for all hours worked beyond the long shift hours. When a full-time employee is scheduled to work less than 8 hours on a holiday (short shift) and the employee works that short shift, the employee is also entitled to receive flexible pay or flexible compensation time at the rate of one (1.0) times his/her base rate of pay (not including differentials) for the difference between eight (8) hours and the short shift hours. B. Part-Time Employee: When a part-time employee works on a holiday that falls on the employee’s scheduled work day, the part-time employee is entitled to receive his/her regular salary. The part-time employee is also entitled to receive holiday pay or holiday compensation time at the rate of one and one half (1.5) times his/her base rate of pay (not including differentials) for all hours worked on the holiday, up to a maximum of eight hours. When a part time employee is scheduled to work more than his/her “part time employee’s holiday hours” on a holiday (long shift) and the employee works more than the long shift hours, the employee is entitled to receive overtime pay or overtime compensation time at the rate of one and one half (1.5) times his/her base rate of pay (not including differentials) for all hours worked beyond the long shift hours. 12.5 Holiday is Worked and Holiday Falls on Scheduled Day Off. A. Full-Time Employee: When a full-time employee works on a holiday that falls on the employee’s scheduled day off, the employee is entitled to receive his/her regular salary. The employee is also entitled to receive overtime pay o r overtime compensation time at the rate of one and one half (1.5) times his/her base rate of pay (not including differentials) for all hours worked on the holiday. The full time employee is also entitled to receive eight (8) hours of flexible pay or flex ible compensation time at the rate of one (1.0) times his/her base rate of pay (not including differentials) in recognition of his/her scheduled day off. B. Part-Time Employee: When a part-time employee works on a holiday that falls on the employee’s scheduled day off, the employee is entitled to receive his/her regular salary. The part-time employee is also entitled to receive overtime pay or overtime compensation time at the rate of one and one half (1.5) times his/her base rate of pay (not including diff erentials) for all hours worked on the holiday. The part time employee is also entitled to receive flexible pay or flexible compensation time at the rate of one (1.0) times his/her base rate of pay (not including differentials) multiplied by the amount of the “Part-time employee’s holiday hours” in recognition of his/her scheduled day off. November 6, 2018 BOS Minutes 78 SECTION 12 – HOLIDAYS CNA - 34 - 2018-2021 12.6 Holiday and Compensatory Time Provisions. A. Maximum Accruals of Holiday Comp Time. Holiday compensatory time may not be accumulated in excess of two hundred eighty-eight (288) hours. After two hundred eighty-eight (288) hours are accrued by an employee, the employee will receive holiday pay at the rate of one and one half (1.5) times his/her base rate of pay. Holiday compensatory time may be used by the empl oyee at those dates and times determined by mutual agreement of the employee and the Department Head or designee. B. Pay Off of Holiday Comp Time. Holiday compensatory time will be paid off only upon a change in status. A change in status includes separation, transfer to another department, reassignment to a permanent-intermittent position, or the transfer, assignment, promotion, or demotion into a position that is not eligible for holiday compensatory time. C. Maximum Accruals of Flexible Compensatory Time. Flexible compensatory time may not be accumulated in excess of two hundred eighty-eight (288) hours. After two hundred eighty-eight (288) hours are accrued by an employee, the employee will receive flexible pay at the rate of 1.0 times his/her base rate of pay. Flexible compensatory time may be use d by an employee on those dates and times determined by mutual agreement of the employee and the Department Head or designee. D. Pay Off of Flexible Comp Time. Flexible compensatory time will be paid off only upon a change in status. A change in status includes separation, transfer to another department, reassignment to a permanent-intermittent position, or the transfer, assignment, promotion, or demotion into a position that is not eligible for flexible compensatory time. 12.7 Permanent Intermittent Employee. Holiday is Worked: Permanent intermittent employees who work on a holiday are entitled to receive overtime pay at the rate of one and one half (1.5) times his/her base rate of pay (not including differentials) for all hours worked on the holiday. 12.8 Christmas and New Year's Day. Each nurse qualifying for paid holidays shall not be scheduled for work on one of the following holidays each year: Christmas or New Year's Day. Thanksgiving day holiday will be treated as any other holiday. 12.9 Holiday Meal. Employees represented by the Association who are employed at the County Hospital and who are required to work on Thanksgiving, Christmas or New Year's Day will be provided a free meal in the Hospital Cafeteria at no cost to the employee only between the hours of 6:30 a.m. and 6:30 p.m. 12.10 Per Diem Holiday Pay and Holiday Meal. When an employee in the classification of Staff Nurse-Per Diem (VWWA) or Staff Advice Nurse–Per Diem (VWXF) works on a holiday set forth in Section 12.1.A, above, the employee is entitled November 6, 2018 BOS Minutes 79 SECTION 13 – VACATION LEAVE CNA - 35 - 2018-2021 to receive overtime pay at the rate of one and one half (1.5) times his/her base rate of pay (not including differentials) for all hours worked, up to a maximum of eight (8) ho urs. Employee in per diem classifications who work at the County Hospital and who are required to work on Thanksgiving, Christmas, or New Year's Day will be given a meal in the Hospital Cafeteria at no cost to the employee only between the hours of 6:30 a .m. and 6:30 p.m. No other provisions of this Section 12 apply to employees in per diem classifications. SECTION 13 – VACATION LEAVE 13.1 Vacation Allowance. Permanent and provisional employees in permanent positions are entitled to vacation with pay. Accrual is based upon straight-time hours of working time per calendar month of service and begins on the date of appointment to a permanent position. Increased accruals begin on the first of the month following the month in which the employee qualifies. Accrual for portions of a month shall be in minimum amounts of one (1) hour calculated on the same basis as for partial month compensation pursuant to Section 5.9 of this MOU. Vacation credits may not be taken during the first six (6) calendar months of employment, not necessarily synonymous with probationary status, except where sick leave has been exhausted; and none shall be allowed in excess of actual accrual at the time vacation is taken. Vacation credits may be taken in one-tenth hour (6 minute) increments. 13.2 Vacation Accrual Rates. Length of Service Monthly Accrual Hours Maximum Cumulative Hours Under 15 years 10 240 15 through 19 years 13-1/3 320 20 through 24 years 16-2/3 400 25 through 29 years 20 480 30 years and up 23-1/3 560 13.3 Vacation Accrual During Leave Without Pay. No employee who has been granted leave without pay or unpaid military leave shall accrue any vacation credit during the time of such leave, nor shall an employee who is absent without pay accrue vacation credit during the absence. 13.4 Professional Sabbatical Leave. Employees who have completed five (5) years or more of employment shall annually receive three (3) days of paid sabbatical leave. Employees who have completed seven (7) or more years of employm ent shall receive an additional day for a total of four (4) days of paid sabbatical leave. This leave shall be granted under the same provisions for vacation leave. 13.5 Vacation Allowance for Separated Employees. On separation from County service, an employee shall be paid for any unused vacation credits at the employee's then current pay rate. November 6, 2018 BOS Minutes 80 SECTION 13 – VACATION LEAVE CNA - 36 - 2018-2021 13.6 Permanent Part-Time and Intermittent Employees. Employees in permanent part-time and permanent-intermittent positions shall accrue vacation benefits on a prorated basis as provided in Resolution No. 81/1165, Section 36-2.006. 13.7 Vacation Requests. Vacation for employees in the Hospital and Clinic Division Hospital Nursing Service (including the Detention Facilities) and Ambulatory Care Nursing Services shall be scheduled on an annual cycle, April 1 through March 30. Employees must submit their written vacation request by February 1 of each year. The Hospital will post a schedule of vacations by March 1 of each year. The vacation schedule will be effective on April 1 of each year. Only one (1) employee per classification from each work site and shift may be pre - approved for vacation at the same time. In case of conflict, the employee with the greater length of service in their classification will receive the requested vacation time. Less senior employees will be given the opportunity to request a different time before the annual schedule is posted. Vacation requests submitted after February to the Nurses assigned Nursing Program Manager shall be considered on a first come basis and the County will respond to such requests within thirty (30) days from receipt. If staffing and patient care requirements do not permit all Registered Nurses requesting a certain vacation preference to take their vacations over the same period, length of service in their classification among those Registered Nurses who submit vacation requests at the same time shall be the determining factor within each work area. Arrangements for vacation replacements shall be the responsibility of Nursing Service, it being understood that denial of the vacation request may result if Nursing Service is unable to arrange for replacements. Effective January 1, 2007, Employees may select vacations that include observed holidays set forth in this MOU, other than Christmas and New Year’s Day. Christmas and New Year’s Day, shall be rotated amongst staff rather than determined by seniority. 13.8 Vacation Leave on Reemployment from a Layoff List. Employees with six (6) months or more service in a permanent position prior to their layoff who are employed from a layoff list, shall be considered as having completed six (6) month’s tenure in a permanent position for the purpose of vacation leave. The appointing authority or designee will advise the Auditor-Controller's Payroll Unit in each case where such vacation is authorized so that appropriate Payroll system override actions can be taken. 13.9 Policy for Family Nurse Practitioners. The following policy governs the approval of vacation requests and the vacation coverage responsibilities of the Family Nurse Practitioners. Vacation requests for Family Nurse Practitioners in the Hospital and Clinics Division which are received in the Medical Staff office thirty-five (35) days in advance will be responded to within ten (10) days of the receipt of the request and will be approved or denied based on overall FNP staffing considerations for the time requested. Vacation requests which are received less than thirty-five (35) days in advance will also be November 6, 2018 BOS Minutes 81 SECTION 14 – SICK LEAVE CNA - 37 - 2018-2021 considered, but preference will be given to those requests submitted with more than thirty-five (35) days advance notice. 13.10 Vacation Leave Accrual Usage. An employee’s total accrual for the purpose of granting vacation leave shall include accrued: (a) vacation credits, (b) compensatory time, (c) holiday compensatory time, (d) Flexible compensatory time, and (e) professional sabbatical leave. SECTION 14 – SICK LEAVE 14.1 Purpose of Sick Leave. The primary purpose of paid sick leave is to ensure employees against loss of pay for temporary absences from work due to illness or injury. It is a benefit extended by the County and may be used only as authorized; it is not paid time off which employees may use for personal activities. 14.2 Credits To and Charges Against Sick Leave. Sick leave credits accrue at the rate of eight (8) working hour’s credit for each completed month of service, as prescribed by County Salary Regulations. Employees who work a portion of a month are entitled to a pro rata share of the monthly sick leave credit computed on the same basis, as is partial month compensation. Credits to and charges against sick leave are made in minimum amounts of one minute increments. Unused sick leave credits accumulate from year to year. When a n employee is separated other than through retirement, accumulated sick leave credits shall be canceled, unless the separation results from layoff, in which case the accumulated credits shall be restored if he/she is reemployed in a permanent position with in the period of lay-off eligibility. Upon the date of retirement, an employee's accumulated sick leave is converted to retirement time on the basis of one (1) day of retirement service credit for each day of accumulated sick leave credit. 14.3 Policies Governing the Use of Paid Sick Leave. As indicated above, the primary purpose of paid sick leave is to ensure employees against loss of pay for temporary absences from work due to illness or injury. The following definitions apply: Immediate Family: Includes only the spouse, son, stepson, daughter, stepdaughter, father, stepfather, mother, stepmother, brother, sister, grandparent, grandchild, niece, nephew, father-in-law, mother-in-law, daughter-in-law, son-in-law, brother-in-law, sister in-law, foster children, aunt, uncle, cousin, stepbrother, stepsister, or domestic partner of an employee and/or includes any other person for whom the employee is the legal guardian or conservator, or any person who is claimed as a "dependent" for IRS reporting purposes by the employee. November 6, 2018 BOS Minutes 82 SECTION 14 – SICK LEAVE CNA - 38 - 2018-2021 Employee: Any person employed by Contra Costa County in an allocated position in the County service. Paid Sick Leave Credits: Sick leave credits provided for by County Salary Regulations and Memoranda of Understanding. Condition/Reason: With respect to necessary verbal contacts and confirmations which occur between the department and the employee when sick leave is requested or verified, a brief statement in non-technical terms from the employee regarding inability to work due to injury or illness is sufficient. Accumulated paid sick leave credits may be used, subject to appointing authority approval, by an employee in pay status, but only in the following instances: A. Temporary Illness or Injury of an Employee . Paid sick leave credits may be used when the employee is off work because of a temporary illness or injury. B. Permanent Disability Sick Leave. Permanent disability means the employee suffers from a disabling physical injury or illness and is thereby prevented from engaging in any County occupation for which the employee is qualified by reason of education, training or experience. Sick leave may be used by permanently disabled employees until all accruals of the employee have been exhausted or until the employee is retired by the Retirement Board, subject to the following conditions: 1.An application for retirement due to disability has been filed with the Retirement Board. 2.Satisfactory medical evidence of such disability is received by the appointing authority within thirty (30) days of the start of use of sick leave for permanent disability. 3.The appointing authority may review medical evidence and order further examination as deemed necessary, and may terminate use of sick leave when such further examination demonstrates that the employee is not disabled, or when the appointing authority determines that the medical evidence submitted by the employee is insufficient, or where the above conditions have not been met. C. Communicable Disease. An employee may use paid sick leave credits when under a physician's order to remain secluded due to exposure to a communicable disease. D. Sick Leave Utilization for Pregnancy Disability. Employees, whose disability is caused or contributed to by pregnancy, miscarriage, abortion, childbirth, or recovery there from, shall be allowed to utilize sick leave credit to the maximum accrued by such employee during the period of such disability under the conditions set forth below: November 6, 2018 BOS Minutes 83 SECTION 14 – SICK LEAVE CNA - 39 - 2018-2021 1.Application for such leave must be made by the em ployee to the appointing authority accompanied by a written statement of disability from the employee's attending physician. The statement must address itself to the employee's general physical condition having considered the nature of the work performed by the employee, and it must indicate the date of the commencement of the disability as well as the date the physician anticipates the disability to terminate. 2.If an employee does not apply for leave and the appointing authority believes that the employee is not able to properly perform her work or that her general health is impaired due to disability caused or contributed to by pregnancy, miscarriage, abortion, childbirth or recovery therefrom, the employee shall be required to undergo a physical exami nation by a physician selected by the County. Should the medical report so recommend, a mandatory leave shall be imposed upon the employee for the duration of the disability. 3.Sick leave may not be utilized after the employee has been released from the hospital unless the employee has provided the County with a written statement from her attending physician stating that her disability continues and the projected dates of the employee's recovery from such disability. E. Medical and Dental Appointments. An employee may use paid sick leave credits: 1.For working time used in keeping medical and dental appointments or the employee's own care; and 2.for working time used by an employee for pre-scheduled medical and dental appointments for an immediate family member. F. Emergency Care of Family. An employee may use paid sick leave credits for working time used in cases of illness or injury to an immediate family member. G. Death of Family Member. An employee may use paid sick leave credits for working time used because of a death in the employee's immediate family, or of the employee’s domestic partner, but this shall not exceed three (3) working days, plus up to two (2) days of work time for necessary travel. Use of additional accruals including sick leave when appropriate may be authorized in conjunction with the bereavement leave at the discretion of the appointing authority. Additional leave time may also be provided in accordance with Sections 16.1 - Leave Without Pay and 16.5 - Family Care Leave or Medical Leave of this MOU. H. Legal Adoption of a Child. Paid sick leave credits may be used by an employee upon adoption of the child. November 6, 2018 BOS Minutes 84 SECTION 14 – SICK LEAVE CNA - 40 - 2018-2021 I. Accumulated paid sick leave credits may not be used in the following situations: 1.Vacation: Paid sick leave credits may not be used for an employee's illness or injury which occurs while he is on vacation but the County Administrator may authorize it when extenuating circumstances exist and the appointing authority approves. 2.Not in Pay Status: Paid sick leave credits may not be used when the employee would otherwise be eligible to use paid sick leave credits but is not in pay status. 14.4 Administration of Sick Leave. The proper administration of sick leave is a responsibility of the employee and the De partment Head. The following procedures apply: A. Employee Responsibilities. 1.Employees are responsible for notifying their department of an absence prior to the commencement of their work shift or as soon thereafter as possible. Notification shall include the reason and possible duration of the absence. 2.Employees in the Hospital Nursing Service are required to notify the Nursing Office at least two (2) hours prior to any shift if they are calling in sick. Employees in the Ambulatory Care Nursing Service are required to call in at least one (1) hour prior to the scheduled shift and leave a message in voice mail. Notification shall include the reason and possible duration of the absence. If, due to circumstances beyond the employee’s control, the employee is unable to call within the above-mentioned time frames, he/she will call as soon thereafter as possible. 3.Employees are responsible for keeping their department informed on a continuing basis of their condition and probable date of return to work. 4.Employees are responsible for obtaining advance approval from their supervisor for the scheduled time of pre-arranged personal or family medical and dental appointment. 5.Employees are encouraged to keep the department advised of 1) a current telephone number to which sick leave related inquiries may be directed, and 2) any condition(s) and/or restriction(s) that may reasonably be imposed regarding specific locations and/or persons the department may contact to verify the employee's sick leave. B. Department Responsibilities. The use of sick leave may properly be denied if these procedures are not followed. Abuse of sick leave on the part of the employee is cause for disciplinary action. November 6, 2018 BOS Minutes 85 SECTION 14 – SICK LEAVE CNA - 41 - 2018-2021 Departmental approval of sick leave is a certification of the legitimacy of the sick leave claim. The Department Head or designee may make reasonable inquiries about employee absences. The department may require medical verification for an absence of three (3) or more working days. The department may also require medical verification for absences of less than three (3) working days for probable cause if the employee had been notified in advance in writing that such verification was necessary. Inquiries may be made in the following ways: 1.Calling the employee's residence telephone number or other contact telephone number provided by the employee if telephone notification was not made in accordance with departmental sick leave call -in guidelines. These inquiries shall be subject to any restrictions imposed by the employee under Section 14.4 A. 2.Obtaining the employee's signature on the Absence/Overtime Record or on another form established for that purpose, as employee certification of the legitimacy of the claim. 3.Obtaining the employee's written statement of explanation regarding the sick leave claim. 4.Requiring the employee to obtain a physician's certificate or verification of the employee's illness, date(s) the employee was incapacitated, and the employee's ability to return to work, as specified above. 5.In absences of an extended nature, requiring the employee to obtain from their physician a statement of progress and anticipated date on which the employee will be able to return to work, as specified above. Department Heads are responsible for establishing timekeeping procedures which will ensure the submission of a time card covering each employee absence and for operating their respective offices in accordance with these policies and with clarifying regulations issued by the Office of the County Administrator. To help assure uniform policy application, the Director of Human Resources or designated management staff of the Human Resources Department should be contacted with respect to sick leave determinations about which the department is in doubt. 14.5 Disability. A. An employee physically or mentally incapacitated for the performance of duty is subject to dismissal, suspension or demotion, subject to the County Employees Retirement Law of 1937. An appointing authority after giving n otice may place an employee on leave if the appointing authority has filed an application for disability retirement for the employee, or whom the appointing authority believes November 6, 2018 BOS Minutes 86 SECTION 14 – SICK LEAVE CNA - 42 - 2018-2021 to be temporarily or permanently physically or mentally incapacitated for the performance of the employee's duties. B. An appointing authority who has reasonable cause to believe that there are physical or mental health conditions present in an employee which endanger the health or safety of the employee, other employees, or the pub lic, or which impair the employee's performance of duty, may order the employee to undergo, at County expense and on the employee's paid time, a physical, medical examination by a licensed physician and/or a psychiatric examination by a licensed physician or psychologist, and receive a report of the findings on such examination. If the examining physician or psychologist recommends that treatment for physical or mental health problems, including leave, are in the best interests of the employee or the County in relation to the employee overcoming any disability and/or performing his or her duties, the appointing authority may direct the employee to take such leave and/or undergo such treatment. C. Leave due to temporary or permanent disability shall be without prejudice to the employee's right to use sick leave, vacation, or any other benefit to which the employee is entitled other than regular salary. The Director of Human Resources may order lost pay restored for good cause and subject to the employee's duty to mitigate damages. D. Before an employee returns to work from any absence for illness or injury, other leave of absence or disability leave exceeding two (2) weeks in duration, the appointing authority may order the employee to undergo, at County expense, a physical, medical, and/or psychiatric examination by a licensed physician, and may consider a report of the findings on such examination. If the report shows that such employee is physically or mentally incapacitated for the performance of duty, the appointing authority may take such action as deemed necessary in accordance with appropriate provisions of this MOU. 14.6 Workers' Compensation and Continuing Pay. A permanent non-safety employee shall continue to receive the appropriate percent o f regular monthly salary for all accepted claims filed before January 1, 2000. For all accepted claims filed with the County on or after January 1, 2000, the percentage of pay for employees entitled to Workers’ Compensation shall be eighty-six percent (86%), except as provided below. Employees injured on or after the implementation date of this provision for the majority of County employees shall receive eighty percent (80%) for twelve (12) consecutive months from the date of injury. Employees injured af ter twelve (12) months from the initial implementation date shall receive seventy-five percent (75%) for twelve (12) consecutive months from the date of injury. Employees injured after twenty-four (24) months from the initial implementation date shall receive seventy percent (70%) for twelve (12) consecutive months from date of injury. If Workers' Compensation becomes taxable, the County agrees to restore the current benefit level (one hundred percent [100%] of monthly salary) and the parties shall meet and confer with respect to funding the increased cost. November 6, 2018 BOS Minutes 87 SECTION 14 – SICK LEAVE CNA - 43 - 2018-2021 A. Waiting Period. There is a three (3) calendar day waiting period before Workers' Compensation benefits commence. If the injured worker loses any time on the day of injury, that day counts as day o ne (1) of the waiting period. If the injured worker does not lose time on the day of injury, the waiting period will be the first three (3) calendar days the employee does not work as a result of the injury. The time the employee is scheduled to work during this waiting period will be charged to the employee's sick leave and/or vacation accruals. In order to qualify for Workers' Compensation the employee must be under the care of a physician. Temporary compensation is payable on the first three (3) days of disability when the injury necessitates hospitalization, or when the disability exceeds fourteen (14) days. B. Continuing Pay. A permanent employee shall receive the appropriate percentage as outlined above of regular monthly salary during any period of compensable temporary disability not to exceed one year. "Compensable temporary disability absence" for the purpose of this Section is any absence due to work-connected disability which qualifies for temporary disability compensation under Workers' Compensation Law set forth in Division 4 of the California Labor Code. When any disability becomes medically permanent and stationary, the salary provided by this Section shall terminate. No charge shall be made against sick leave or vacation for these salary payments. Sick leave and vacation rights shall not accrue for those periods during which continuing pay is received. Employees shall be entitled to a maximum of one (1) year of continuing pay benefits for any one injury or illness. Continuing pay begins at the same time that temporary Workers' Compensation benefits commence and continues until either the member is declared medically permanent/stationary, or until one (1) year of continuing pay, whichever comes first, provided the employee remains in an active employed status. Continuing pay is automatically terminated on the date an employee is separated from County service by resignation, retirement, layoff, or the employee is no longer employed by the County. In these instances, employees will b e paid Workers’ Compensation benefits as prescribed by Workers’ Compensation laws. All continuing pay will be cleared through the Office of the County Administrator, Risk Management Division. Whenever an employee who has been injured on the job and has returned to work is required by an attending physician or Family Nurse Practitioner to leave work for treatment during working hours, the employee shall be allowed time off up to three (3) hours for such treatment without loss of pay or benefits, provided the employee notifies his/her supervisor of the appointment at least three (3) business office days prior to the appointment. Said visits are to be scheduled contiguous to either the beginning or end of the scheduled workday whenever possible. This provision applies only to injuries/illnesses that have been accepted by the County as work related. November 6, 2018 BOS Minutes 88 SECTION 14 – SICK LEAVE CNA - 44 - 2018-2021 C. Applicable Pay Beyond One Year. If an injured employee remains eligible for temporary disability beyond one (1) year, applicable salary will continue by integrating sick leave and/or vacation accruals with Workers' Compensation benefits (vacation charges to be approved by the Department and the employee). If salary integration is no longer available, Workers' Compensation benefits will be paid directly to the employee as prescribed by Workers' Compensation laws. D. Rehabilitation Integration. An injured employee who is eligible for Workers' Compensation rehabilitation temporary disability benefits and whose disability is medically permanent and stationary will continue to receive applicable salary by integrating sick leave and/or vacation accruals with Workers' Compensation rehabilitation temporary disability benefits until those accruals are exhausted. Thereafter, the rehabilitation temporary disability benefits will be paid directly to the employee. E. Health Insurance. The County contribution to the employee's group insurance plan continues during the continuing pay period and during integration of sick leave or vacation with Workers' Compensation benefits. A. Integration Formula. An employee's sick leave and/or vacation charges shall be calculated as follows: C = 8 [1 – (W ÷ S)] C = Sick leave or vacation charge per day (in hours) W = Statutory Workers' Compensation for a month S = Monthly salary 14.7 Labor-Management Committee. On May 26, 1981, the Board of Supervisors established a labor-management committee to administer a rehabilitation program for disabled employees. It is understood that the benefits specified above in this Section 14 shall be coordinated with the rehabilitation program as determined by the labor - management committee. 14.8 Accrual During Leave Without Pay. No employee who has been granted a leave without pay or an unpaid military leave shall accrue any sick leave credits dur ing the time of such leave, nor shall an employee who is absent without pay accrue sick leave credits during the absence. 14.9 State Disability Insurance (SDI). A. General Provisions. Contra Costa County participates in the State Disability Insurance (SDI) program, subject to the rules and procedures established by the State of California. The County augments the SDI program with its SDI Integration Program. Changes to the State Disability Insurance program could affect the County’s SDI Integration Program. Determination of SDI payments and eligibility to receive payments is at the sole discretion of the State of California. Employees eligible for SDI benefits are required to apply for SDI benefits and to November 6, 2018 BOS Minutes 89 SECTION 14 – SICK LEAVE CNA - 45 - 2018-2021 have those benefits integrated with the use of thei r sick leave accruals on the following basis: “Integration” means that employees are required to use their sick leave accruals to supplement the difference between the amount of the SDI payment and the employee's base monthly salary to the extent that the total payment does not exceed the employee’s base monthly salary. Integration of sick leave with the SDI benefit is automatic and cannot be waived. Integration applies to all SDI benefits paid. For employees off work, on disability, and receiving SDI, the employee’s County Department will make appropriate integration adjustments, including retroactive adjustments, if necessary. Employees must inform their Department of a disability in a timely manner in order for the Department to make appropriate integration adjustments. SDI benefit payments will be sent directly to the employee by the State of California. When there are insufficient sick leave accruals available to fully supplement the difference between the SDI payment and the employee’s base monthl y salary, accruals other than sick leave may be used to supplement the difference between the amount of the SDI payment and the employee’s base monthly salary. These accruals may be used only to the extent that the total payment does not exceed the employee’s base monthly salary. B. Procedures. Employees with more than 1.2 hours of sick leave accruals at the beginning of the disability integration period must integrate their sick leave accrual usage with their SDI benefit to the maximum extent possible. When employees have 1.2 hours or less of sick leave accruals at the beginning of the disability integration period, the Department will automatically use 0.1 hours of sick leave per month for the duration of their SDI benefit. When the SDI benefit is exhausted, integration terminates. The employee then may continue to use sick leave without integration and/or other accruals. When sick leave accruals are totally exhausted, integration with the SDI benefit terminates. Employees whose SDI claims are denied must present a copy of their claim denial to their Department. The Department will then authorize the use of unused sick leave and/or other accruals as appropriate. C. Method of Integration. For purposes of integration with the SDI program, all full-time employees' schedules will be converted to eight (8) hour/five (5) day weekly work schedules. November 6, 2018 BOS Minutes 90 SECTION 15 – CATASTROPHIC LEAVE BANK CNA - 46 - 2018-2021 The formula for full-time employees' sick leave integration charges is as follows: L = [(S - D) ÷ S] x 8 S = Employee Base Monthly Salary H = Estimated Highest Quarter (3-mos) Earnings [H = S x 3] W = Weekly SDI Benefit from state of California SDI Weekly Benefit Table C = Calendar Days in Each Month D = Estimated Monthly SDI Benefit [D = (W ÷ 7) x C] L = Sick Leave Hours Charged per Day Permanent part-time employees, permanent-intermittent employees, and full-time employees who are working a light/limited duty reduced schedule, will have their sick leave integration adjusted accordingly. D. Definition. "Base Monthly Salary", for purposes of the SDI integration program, is defined as the salary amount of the employee's step on the salary schedule of the employee's classification at the time of integration. 14.10 Confidentiality of Information/Records. Any use of employee medical records will be governed by the Confidentiality of Medical Information Act (Civil Code Sections 56 to 56.26). SECTION 15 – CATASTROPHIC LEAVE BANK 15.1 Program Design. The Human Resources Department will operate a Catastrophic Leave Bank which is designed to assist a ny County employee who has exhausted all paid accruals due to a serious or catastrophic illness, injury, or condition of the employee or family member. The program establishes and maintains a Countywide bank wherein any employee who wishes to contribute m ay authorize that a portion of his/her accrued vacation, compensatory time, holiday compensatory time or floating holiday be deducted from those account(s) and credited to the Catastrophic Leave Bank. Employees may donate hours either to a specific eligib le employee or to the bank. Upon approval, credits from the Catastrophic Leave Bank may be transferred to a requesting employee's sick leave account so that employee may remain in paid status for a longer period of time, thus partially ameliorating the fi nancial impact of the illness, injury, or condition. Catastrophic illness or injury is defined as a critical medical condition, a long -term major physical impairment or disability which manifests itself during employment. 15.2 Operation. The plan will be administered under the direction of the Director of Human Resources. The Human Resources Department will be responsible for receiving and recording all donations of accruals and for initiating transfer of credits from the Bank to the recipient's sick leave account. Disbursement of accruals will be November 6, 2018 BOS Minutes 91 SECTION 15 – CATASTROPHIC LEAVE BANK CNA - 47 - 2018-2021 subject to the approval of a six (6) member committee composed of three (3) members appointed by the County Administrator and three (3) members appointed by the majority representative employee organizations. The committee shall meet as necessary to consider all requests for credits and shall make determinations as to the appropriateness of the request. The committee shall determine the amount of accruals to be awarded for employees whose donations are non -specific. Consideration of all requests by the committee will be on an anonymous requestor basis. Hours transferred from the Catastrophic Leave Bank to a recipient will be in the form of sick leave accruals and shall be treated as regular sick leave accruals. To receive credits under this plan, an employee must have permanent status, must have exhausted all time-off accruals to a level below eight (8) hours total, have applied for a medical leave of absence and have medical verification of need. Donations are irrevocable unless the donation to the eligible employee is denied. Donations may be made in hourly blocks with a minimum donation of not less than four (4) hours from balances in the vacation, holiday, floating holiday, compensatory time, or holiday compensatory time accounts. Employees who elect to donate to a specific individual shall have seventy-five percent (75%) of their donation credited to the individual and twenty-five percent (25%) credited to the Catastrophic Leave Bank. Time donated will be converted to a dollar value and the dollar value will be converted back to sick leave accruals at the recipient's base hourly rate when disbursed. Credits will not be on a straight hour-for-hour basis. All computations will be on a standard 173.33 basis, except that employees on other than a forty (40) hour week will have hours prorated according to their status. Any recipient will be limited to a total of one thousand forty (1,040) hours or its equivalent per catastrophic event; each donor will be limited to one hundred twenty (120) hours per calendar year. No element of this plan is grievable. All appeals from either a donor or recipient will be resolved on a final basis by the Director of Human Resources. No employee will have any entitlement to catastrophic leave benefits. The award of catastrophic leave will be at the sole discretion of the committee, both as to amounts of benefits awarded and as to persons awarded benefits. Benefits may be denied, or awarded for less than six (6) months. The committee will be entitled to limit benefits in accordance with available contributions and to choose from among eligible applicants, on an anonymous basis, those who will receive benefits , except for hours donated to a specific employee. In the event a donation is made to a specific employee and the committee determines the employee does not meet the Catastrophic Leave Bank criteria, the donating employee may authorize the hours to be donated to the Bank or returned to the donor’s account. The donating employee will have fourteen (14) calendar days from notification to submit his/her decision regarding the status of their donation, or the hours will be irrevocably transferred to the Catastrophic Leave Bank. Any unused hours transferred to a recipient w ill be returned to the Catastrophic Leave Bank. November 6, 2018 BOS Minutes 92 SECTION 16 – LEAVE OF ABSENCE CNA - 48 - 2018-2021 SECTION 16 – LEAVE OF ABSENCE 16.1 Leave Without Pay. Any employee who has permanent status may be granted a leave of absence without pay upon written request, approved by the appointing authority; provided, however, that leaves for pregnancy, pregnancy disability, serious health conditions, and family care shall be granted in accordance with applicable state and federal law. 16.2 General Administration – Leave of Absence. Requests for leave of absence without pay shall be made upon forms prescribed by the Director of Human Resources and shall state specifically the reason for the request, the date when it is desired to begin the leave and the probable date of return. A. Leave without pay may be granted for any of the following reasons: 1.Illness, disability, or serious health condition; 2.pregnancy or pregnancy disability; 3.family care; 4.to take a course of study such as will increase the employee's usefulness on return to the employee's position; 5.for other reasons or circumstances acceptable to the appointing authority. B. An employee must request family care leave at least thirty (30) days before the leave is to begin if the need for the leave is foreseeable. If the need is not foreseeable, the employee must provide written notice to the employer within five (5) days of learning of the event by which the need for family care leave arises. C. A leave without pay may be for a period not to exceed one (1) year, provided the appointing authority may extend such leave for additional periods. Procedure in granting extensions shall be the same as that in granting the original leave, provided that the request for extension must be made not later than thirty (30) calendar days before the expiration of the original leave. D. Nevertheless, a leave of absence for the employee's serious health condition or for family care (Family and Medical Leave Act herein after referred to as “FMLA”) shall be granted to an employee who requests it for up to eightee n (18) weeks during a rolling twelve (12) month period (measured backward from the date an employee uses any FMLA leave) in accordance with Section 16.5 – Family Care Leave or Medical Leave. E. Whenever an employee who has been granted a leave without any pay desires to return before the expiration of such leave, the employee must submit a request to the appointing authority in writing at least fifteen (15) days in advance of the November 6, 2018 BOS Minutes 93 SECTION 16 – LEAVE OF ABSENCE CNA - 49 - 2018-2021 proposed return. Early return is subject to prior approval by the appointing authority. The Human Resources Department shall be notified promptly of such return. F. Except in the case of leave of absence due to family care, pregnancy, pregnancy disability, illness, disability, or serious health condition, the decision of the appointing authority granting or denying a leave or early return from leave shall be subject to appeal to the Director of Human Resources and not subject to appeal through the grievance procedure set forth in Section 24 of this MOU. 16.3 Furlough Days Without Pay. Subject to the prior written approval of the appointing authority, employees may elect to take furlough days or hours without pay (pre-authorized absence without pay), up to a maximum of fifteen (15) calendar days for any one period. Longer pre-authorized absences without pay shall have their compensation for the portion of the month worked computed in accord with Section 5.10 - Compensation for Portion of Month, of the MOU. Full-time and part-time employees who take furlough time shall have their vacation, sick leave, floating holiday and any other payroll-computed accruals computed as though they had worked the furlough time. When computing vacation, sick leave, floating holiday and other accrual credits for employees taking furlough time, this provision shall supersede Sections 13.5 – Vacation Allowance for Separated Employee, 14.2 – Credits To and Charges Against Sick Leave, 14.8 – Accrual During Leave Without Pay, and 15.1 – Catastrophic Leave Bank, Program Design of this MOU regarding the computation of vacation, sick leave, floating holiday and other accrual credits as regards furlough time only. For payroll purposes, furlough time (absence without pay with prior authorization of the appointing authority) shall be reported separately from other absences without pay to the Auditor- Controller. The existing VTO program shall be continued for the life of the contract. 16.4 Military Leave. Any employee who is ordered to serve as a member of the State Militia or the United States Army, Navy, Air Force, Marine Corps, Coast Guard or any division thereof shall be granted a military leave for the period of such service, plus ninety (90) days. Additionally, any employee who volunteers for service during a mobilization under Executive Order of the Pre sident or Congress of the United States and/or the State Governor in time of emergency shall be granted a leave of absence in accordance with applicable federal or state laws. Upon the termination of such service, or upon honorable discharge, the employee shall be entitled to return to the employee's position in the classified service provided such still exists and the employee is otherwise qualified, without any loss of standing of any kind whatsoever. An employee who has been granted a military leave shall not, by reason of such absence, suffer any loss of vacation, holiday, or sick leave privileges which may be accrued at the time of such leave, nor shall the employee be prejudiced thereby with reference to salary adjustments or continuation of employment. For purposes of determining eligibility for salary adjustments or seniority in case of layoff or promotional examination, time on military leave shall be considered as time in County service. November 6, 2018 BOS Minutes 94 SECTION 16 – LEAVE OF ABSENCE CNA - 50 - 2018-2021 Any employee who has been granted a military leave, may up on return, be required to furnish such evidence of performance of military service or of honorable discharge as the Director of Human Resources may deem necessary. 16.5 Family Care Leave or Medical Leave. Upon request to the appointing authority, any employee who has permanent status shall be entitled to at least eighteen (18) weeks leave during a rolling twelve (12) month period (measured backward from the date an employee uses any FMLA leave), less if so requested by the employee, for: A. medical leave of absence for the employee's own serious health condition which makes the employee unable to perform the functions of the employee's position; or B. family care leave of absence without pay for reason of the birth of a child of the employee, the placement of a child with an employee in connection with the adoption or foster care of the child by the employee, or the serious illness or health condition of a child, parent, spouse, or domestic partner of the employee. 16.6 Medical Certification. The employee may be asked to provide certification of the need for family care leave or medical leave. Additional period(s) of family care or medical leave may be granted by the appointing authority. 16.7 Intermittent Use of Leave. The eighteen (18) week entitlement may be in broken periods, intermittently on a regular or irregular basis, or may include reduced work schedules depending on the specific circumstances and situations surrounding the request for leave. The eighteen (18) weeks may include use of approp riate available paid leave accruals when accruals are used to maintain pay status, but use of such accruals is not required beyond that specified in Section 16.12 – Leave Without Pay – Use of Accruals. When paid leave accruals are used for a medical or family care leave, such time shall be counted as a part of the eighteen (18) week entitlement. 16.8 Aggregate Use for Spouse. In the situation where husband and wife are both employed by the County, the family care of medical leave entitlement based on the birth, adoption or foster care of a child is limited to an aggregate for both employees together of eighteen (18) weeks in a rolling twelve (12) month period (measured backward from the date an employee uses any FMLA leave). Employees requesting family care leave are required to advise their appointing authority(ies) when their spouse is also employed by the County. 16.9 Definitions. For medical and family care leaves of absence under this section, the following definitions apply: A. Child: A biological, adopted, or foster child, stepchild, legal ward, conservatee or a child who is under eighteen (18) years of age for whom an employee stands in loco parentis or for whom the employee is the guardian or conservator, or an adult dependent child of the employee. November 6, 2018 BOS Minutes 95 SECTION 16 – LEAVE OF ABSENCE CNA - 51 - 2018-2021 B. Parent: A biological, foster, or adoptive parent, a stepparent, legal guardian, conservator, or other person standing in loco parentis to a child. C. Spouse: A partner in marriage as defined in California Civil Code Section 4100. D. Domestic Partner: An unmarried person, eighteen (18) years or older, to whom the employee is not related and with whom the employee resides and shares the common necessities of life. E. Serious Health Condition: An illness, injury, impairment, or physical or mental condition which warrants the participation of a family member to provide care during a period of treatment or supervision and involves either inpatient care in a hospital, hospice or residential health care facility or continuing treatment or continuing supervision by a health care provider (e.g., physician or surgeon) as defined by state and federal law. F. Certification for Family Care Leave: A written communication to the employer from a health care provider of a person for whose care the leave is being taken which need not identify the serious health condition involved, but shall contain: 1.the date, if known, on which the serious health condition commenced; 2.the probable duration of the condition; 3.an estimate of the amount of time which the employee needs to render care or supervision; 4.a statement that the serious health condition warrants the participation of a family member to provide care during period of treatment or supervision; 5.if for intermittent leave or a reduced work sc hedule leave, the certification should indicate that the intermittent leave or reduced leave schedule is necessary for the care of the individual or will assist in their recovery, and its expected duration. G. Certification for Medical Leave: A written communication from a health care provider of an employee with a serious health condition or illness to the employer, which need not identify the serious health condition involved, but shall contain: 1.the date, if known, on which the serious health condit ion commenced; 2.the probable duration of the condition; 3.a statement that the employee is unable to perform the functions of the employee's job; November 6, 2018 BOS Minutes 96 SECTION 16 – LEAVE OF ABSENCE CNA - 52 - 2018-2021 4.if for intermittent leave or a reduced work schedule leave, the certification should indicate the medical necessity for the intermittent leave or reduced leave schedule, and its expected duration. H. Comparable Positions: A position with the same or similar duties and pay which can be performed at the same or similar geographic location as the position held prior to the leave. Ordinarily, the job assignment will be the same duties in the same program area located in the same city, although specific clients, caseload, co-workers, supervisor(s), or other staffing may have changed during an employee's leave. 16.10 Pregnancy Disability Leave. Insofar as pregnancy disability leave is used under Section 14.3.D – Sick Leave Utilization for Pregnancy Disability, that time will not be considered a part of the eighteen (18) week family care leave period. 16.11 Group Health Plan Coverage. Employees who were members of one of the group health plans prior to commencement of their leave of absence can maintain their health plan coverage with the County contribution by maintaining their employment in pay status as described in Section 16.12 - Leave Without Pay – Use of Accruals. During the eighteen (18) weeks of an approved medical or family care leave under Section 16.5 – Family Care Leave or Medical Leave, the County will continue its contribution for such health plan coverage even if accruals are not available for use to maintain pay status as required under Section 16.12 - Leave Without Pay – Use of Accruals. In order to maintain such coverage, employees are required to pay timely the full employee contribution to maintain their group health plan coverage either through payroll deduction or by paying the County directly. 16.12 Leave Without Pay – Use of Accruals. A. All Leaves of Absence. During the first twelve (12) month period of any leave of absence without pay, an employee may elect to maintain pay status each month by using available sick leave (if so entitled under Section 14.3 – Policies Governing the Use of Paid Sick Leave), vacation, floating holiday, compensatory time off or other accruals or entitlements; in other words, during the first twelve (12) months, a leave of absence without pay may be "broken" into segments and accruals used on a monthly basis at the employee's discretion. After the first twelve (12) months, the leave period may not be "broken" into segments and accruals may not be used, except when required by LTD Benefit Coordination or SDI/Sick Leave Integration under Section 14.9 – State Disability Insurance, or as provided in the sections below. B. Family Care or Medical Leave. During the eighteen (18) weeks of an approved medical or family care leave, if a portion of that leave will be on a leave of absence without pay, the employee will be required to use at least 0.1 hour of sick leave (if so entitled under Section 14.3 – Policies Governing the Use of Paid Sick Leave), vacation, floating holiday, compensatory time off or other accruals or entitlements if such are available, although use of additional accruals is permitted under Subsection A. above. November 6, 2018 BOS Minutes 97 SECTION 16 – LEAVE OF ABSENCE CNA - 53 - 2018-2021 C. Leave of Absence/Long Term Disability (LTD) Benefit Coordination. An eligible employee who files an LTD claim and concurrently takes a leave of absence without pay will be required to use accruals as provided in Subsection B herein during the eighteen (18) week entitlement period of a medical leave specified above. If an eligible employee continues beyond the eighteen (18) weeks entitlement period on a concurrent leave of absence/LTD claim, the employee may choose to maintain further pay status only as allowed under Subsection A. herein. D. Sick leave accruals may not be used during any leave of absence, except as allowed under Section 14.3 – Policies Governing the Use of Paid Sick Leave. 16.13 Leave of Absence Replacement and Reinstatement. Any permanent employee who requests reinstatement to the classification held by the employee in the same department at the time the employee was granted a leave of absence shall be reinstated to a position in that classification and department and then only on the basis of seniority. In case of severance from service by reason of the reinstatement of a permanent employee, the provisions of Section 11 – Seniority, Workforce Reduction, Layoff and Reassignment shall apply. 16.14 Reinstatement From Family Care Medical Leave. In the case of a family care or medical leave, an employee on a 5/40 schedule shall be reinstated to the same or comparable position if the return to work is after no more than ninety (90) workdays of leave from the initial date of a continuous leave, including use of accruals, or within the equivalent on an alternate work schedule. A full-time employee taking an intermittent or reduced work schedule leave shall be reinstated to the same or comparable position if the return to work on a full schedule is after no more than seven hundred twenty (720) hours, including use of accruals, of intermittent or reduced schedule leave. At the time the original leave is approved, the appointing authority shall notify the employee in writing of the final date to return to work, or the maximum number of hours of leave, in order to guarantee reinstatement to the same or comparable position. An employee on a schedule other than 5/40 shall have the time frame for reinstatement to the same or comparable position adjusted on a pro rata basis. 16.15 Salary Review While on Leave of Absence. The salary of an employee who is on leave of absence from a County position on any anniversary date and who has not been absent from the position on leave without pay more than six (6) months during the preceding year shall be reviewed on the anniversary date. Employees on military leave shall receive salary increments that may accrue to them during the period of military leave. 16.16 Unauthorized Absence. An unauthorized absence from the work site or failure to report for duty after a leave request has been disapproved, revoked, or canceled by the appointing authority, or at the expiration of a leave, shall be without pay. Such absence may also be grounds for disciplinary action. November 6, 2018 BOS Minutes 98 SECTION 17 - JURY DUTY AND WITNESS DUTY CNA - 54 - 2018-2021 16.17 Non-Exclusivity. Other MOU language on this subject, not in conflict, shall remain in effect. SECTION 17 - JURY DUTY AND WITNESS DUTY 17.1 Jury Duty. For purposes of this Section, jury duty shall be defined as any time an employee is obligated to report to the court for possible service on a jury. When called for jury duty, County employees, like other citizens, are expected to discharge their jury duty responsibilities. Employees shall advise their department as soon as possible if scheduled to appear for jury duty. If summoned for jury duty in a Municipal, Superior, or Federal Court, or a Coroner’s jury, employees may remain in their regular County pay status, or they may take paid leave (vacation, floating holiday, etc.) or leave without pay and retain all fees and expen ses paid to them. When an employee is summoned for jury duty selection or is selected as a juror in a Municipal, Superior or Federal Court, employees may remain in a regular pay status if they waive all fees (other than mileage), regardless of shift assi gnment, and the following shall apply: A. If an employee elects to remain in a regular pay status and waive or surrender all fees (other than mileage), the employee shall obtain from the Clerk or Jury Commissioner a certificate indicating the days attended and noting that fees other than mileage are waived or surrendered. The employee shall furnish the certificate to his department where it will be retained as a department record. No "Absence/Overtime Record" is required. B. An employee who elects to retain all fees must take leave (vacation, floating holiday, etc.) or leave without pay. No court certificate is required but an "Absence/Overtime Record" must be submitted to the department payroll clerk. Employees are not permitted to engage in any employmen t regardless of shift assignment or occupation before or after daily jury service that would affect their ability to properly serve as jurors. An employee on short notice standby to report to court, whose job duties make short notice response impossible or impractical, shall be given alternate work assignments for those days to enable them to respond to the court on short notice. When an employee is required to serve on jury duty, the County will adjust that employee's work schedule to coincide with a Monday to Friday schedule for the remainder of their service, unless the employee requests otherwise. Participants in 9/80 or 4/10 work schedules will not receive overtime or compensatory time credit for jury duty on their scheduled days off. November 6, 2018 BOS Minutes 99 SECTION 18 – MEDICAL, LIFE AND DENTAL CARE CNA - 55 - 2018-2021 Permanent-intermittent employees are entitled to paid jury duty leave only for those days on which they were previously scheduled to work. 17.2 Witness Duty. Employees called upon as a witness or an expert witness in a case arising in the course of their work or the work of another department may remain in their regular pay status and turn over to the County all fees and expenses paid to them, other than mileage allowance, or they may take vacation leave or leave without pay and retain all fees and expenses. Employees called to serve as witnesses in private cases or personal matters (e.g., accident suits and family relations) shall take vacation leave or leave without pay and retain all witness fees paid to them. Employees shall advise their department as soon as possible if scheduled to appear for witness duty. Permanent-intermittent employees are entitled to paid witness duty only for those days on which they were previously scheduled to work. SECTION 18 – MEDICAL, LIFE AND DENTAL CARE 18.1 County Plans. The County will offer medical and dental coverage for permanent full time employees (40/40) and permanent part time employees (whose positions are designated as 16/40 or more) and for their eligible family members, expressed in one of the Medical Plan contracts and one of the Dental Plan contracts between the County and the following providers: a.Contra Costa Health Plans (CCHP) b.Kaiser Permanente Health Plan c.Health Net d.Delta Dental In the event of death or disability on the job, Labor Code Sections 4700 -4709 are applicable. Medical Plans: All eligible employees will have access to the following medical plans: a.CCHP Plan A & Plan B b.Kaiser Permanente Plan A & Plan B c.Health Net HMO Plan A & Plan B d. Health Net PPO Plan A 18.2 Rate Information. The County Benefits Division will make medical and dental plan rate information available upon request to employees and departments. In addition, the County Benefits Division will publish and distribute to employees and departments information about rate changes as they occur during the year. November 6, 2018 BOS Minutes 100 SECTION 18 – MEDICAL, LIFE AND DENTAL CARE CNA - 56 - 2018-2021 18.3 County Medical and Dental Plan Monthly Premium Subsidy A. County Medical and Dental Plan Monthly Premium Subsidy: 1.The County subvention for medical plan will be as follows: CCHP Plan A & B 98% Kaiser 80% Health Net HMO Plan A & B 80% Health Net PPO Plan A 53.36% - The County and C.N.A. will continue to equally share (50/50) the amount of any Health Net PPO annual premium increases. 2.The County subvention for the Dental Plan will be as follows: Delta Dental PPO/ CCHP A/B 98% Delta Care HMO/ CCHP A/B 98% Delta Dental PPO 78% Delta Care HMO 78% Dental Only County pays all but $0.01 B. In the event that the County premium subsidy amounts are greater than one hundred percent (100%) of the applicable premium of any health or dental plan, for any plan year, the County’s contribution will not exceed one hundred percent (100%) of the applicable plan premium. 18.4 Family Member Eligibility Criteria: The following persons may be enrolled as the eligible Family Members of a medical or dental plan Subscriber: A. Medical Insurance 1.Eligible Dependents: a.Employee’s Legal Spouse b.Employee’s qualified domestic partner c.Employee’s child to age 26 d.Employee’s Disabled Child who is: (1) over age 26, i.Unmarried; and, ii.Incapable of sustaining employment due to a physical or mental disability that existed prior to the child’s attainment of age 19. 2.“Employee’s child” includes natural child, child of a qualified dome stic partner, step-child, adopted child and a child specified in a Qualified Medical Child Support Order (QMCSO) or similar court order. November 6, 2018 BOS Minutes 101 SECTION 18 – MEDICAL, LIFE AND DENTAL CARE CNA - 57 - 2018-2021 B. Dental Insurance 1.Eligible Dependents: a.Employee’s Legal Spouse b.Employee’s qualified domestic partner c.Employee’s unmarried child who is: (1)Under age 19; or (2)Age 19, or above, but under age 24; and, i.Resides with the Employee for more than 50% of the year excluding time living at school; and, ii.Receives at least 50% of support from Employee; and, iii.Is enrolled and attends school on a full-time basis, as defined by the school. d.Employee’s Disabled Child who is: (1) Over age 19, i.Unmarried; and, ii.Incapable of sustaining employment due to a physical or mental disability that existed prior to the child’s attainment of age 19. 2.“Employee’s child” includes natural child, child of a qualified domestic partner, step-child, adopted child and a child specified in a Qualified Medical Child Support Order (QMCSO) or similar court order. 18.5 Partial Month. The County's contribution to the Health Plan premium is payable for any month in which the employee is paid. If an employee is not paid enough compensation in a month to pay the employee share of the premium, the employ ee must make up the difference by remitting the amount delinquent to the Employee Benefits Services Unit. The responsibility for this payment rests with the employee. If payment is not made, the employee shall be dropped from the health plan. An employee is thus covered by the health plan for the month in which compensation is paid. 18.6 Coverage During Absences. An employee on approved leave shall be allowed to continue his/her health plan coverage at the County group rate for twelve (12) months provided that the employee shall pay the entire premium for the health plan during said leave. An employee on leave in excess of twelve (12) months may continue health plan coverage by converting to an individual health plan option (if available) or continuing group coverage subject to the provisions of the Consolidated Omnibus Budget Reconciliation Act (COBRA) provided the employee pays the entire cost of coverage, plus any administrative fees, for the option selected. The entire cost of coverage shall November 6, 2018 BOS Minutes 102 SECTION 18 – MEDICAL, LIFE AND DENTAL CARE CNA - 58 - 2018-2021 be paid at a place and time specified by the County. Late payment may result in cancellation of health plan coverage with no reinstatement allowed. An employee who terminates County employment may convert to individual health plan coverage, if available, or may continue County group health plan coverage to the extent provided under COBRA by making premium payments to the County at a time and place specified by the County. 18.7 Retirement Coverage. A. Upon Retirement: 1.Upon retirement, eligible employees and their eligible family members may remain in their County medical/dental plan, if immediately before their proposed retirement the employees and dependents are either active subscribers to one of the County contracted medical/dental plans, or if while on authorized leave of absence without pay, they have retained continuous coverage during the leave period by retaining their membership by continuing to pay their monthly premium by the deadlines established by the County, or by converting to individual conversion membership through the medical plan carrier, if available. The County will pay the medical/dental plan monthly premium subsidies set forth in Section 18.3.A. for eligible employees and their eligible family members. No County subsidy will be paid for life insurance, but eligible employees may continue to obtain life insurance from the County’s carrier at the employee’s sole expense. 2.For purposes of retiree health coverage eligibility, a year of service for part-time employees shall be defined as one thousand (1,000) paid hours, excluding Workers’ Compensation and overtime worked within service anniversary year. For the purpose of this provision, employees shall accrue service credit while on Family and Medical Leave or in a paid status. All employees covered by Section 18.1, who are hired after January 1, 2007, will be eligible for retiree health coverage pursuant to the terms outlined above, upon completion of fifteen (15) years of service with Contra Costa County. For the purposes of retiree health eligibility, a year of service shall be defined as one thousand (1,000) hours worked within an anniversary year. The existing method of crediting service while an employee is on an approved leave of absence will continue during the term of this agreement. 3.Public Health Nurse Unit Only: For employees in the Public Health Nurse Unit hired on or after January 1, 2010, and their eligible family members, no monthly premium subsidy will be paid by the County for any health and/or dental plan after they separate from County employment. However, any such eligible employee who retires under the Contra Costa November 6, 2018 BOS Minutes 103 SECTION 18 – MEDICAL, LIFE AND DENTAL CARE CNA - 59 - 2018-2021 County Employees’ Retirement Association (“CCCERA”) may retain continuous coverage of a county health or dental plan provided that (i) he or she begins to receive a monthly retirement allowance from CCCERA within 120 days of separation from County employment and (ii) he or she pays the full premium cost under the health and/or dental plan without any County premium subsidy. B. Any person who becomes age 65 on or after July 1, 2012 and who is eligible for Medicare must immediately enroll in Medicare Parts A and B. 18.8 Dual Coverage. On and after January 1, 2010, each employee and retiree may be covered only by a single County health (and/or dental) plan, including a CalPERS plan. For example, a County employee may be covered under a single County health and/or dental plan as either the primary insured or the dependent of another County employee or retiree, but not as both the primary insured and the dependent of another County employee or retiree. On and after January 1, 2010, all dependents may be covered by the health and/or dental plan of only one spouse or one domestic partner. For example, when both parents are County employees, all of their eligible children may be covered as dependents of either parents, but not both. For purposes of this Section 18.8 only, “County” includes the County of Contra Costa and all special districts governed by the Board of Supervisors, including, but not limited to, the Contra Costa County Fire Protection District. 18.9 Health Care Spending Account. The County will offer regular full-time and part-time (20/40 or greater) County employees the option to participate in a Health Care Spending Account (HCSA) Program designed to qualify for tax savings under Section 125 of the Internal Revenue Code, but such savings are not guaranteed. The HCSA Program allows employees to set aside a pre -determined amount of money from their paycheck, not to exceed the maximum amount authorized by federal law, per calendar year, before taxes, for health care expenses not reimbursed by any other health benefits plan with before tax dollars. HCSA dollars can be expended on any eligible medical expenses allowed by Internal Revenue Code Section 125. Any unused balance cannot be recovered by the employee. 18.10 Public Employees Retirement System (PERS) Long-Term Care. The County proposes to deduct and remit monthly premium and eligible lists to the PERS Long - Term Care Administrator, at no County administrative cost, for County employees who are eligible and voluntarily elect to purchase long-term care through the PERS Long- Term Care Program. The County further agrees that County employees interested in purchasing PERS Long - Term Care may participate in meetings scheduled by PERS Long-Term Care on County facilities during non-work hours (e.g., coffee breaks, lunch hour). November 6, 2018 BOS Minutes 104 SECTION 18 – MEDICAL, LIFE AND DENTAL CARE CNA - 60 - 2018-2021 18.11 Deferred Retirement. Employees covered by Section 18.1 - County Plans, who resign and file for a deferred retirement, and their eligible family members, may continue in their County group medical and/or dental plan. The following conditions and limitations apply: A. Medical and dental coverage during the deferred retirement period is at the sole expense of the employee, without any County contributions. B. Life insurance coverage is not included. C. To be eligible to continue medical and dental coverage, the employee must: 1.be qualified for a deferred retirement under the 1937 Retirement Act provisions; 2.be an active member of a County group medical and/or dental plan at the time of filing their deferred retirement application and elect to continue health benefits; 3.be eligible for a monthly allowance from the Retirement System and direct receipt of a monthly allowance within twenty-four (24) months of their application for deferred retirement; 4.file an election to defer retirement and to receive retiree health benefits hereunder with the County Benefits Division within thirty (30) days before their separation from county service. D. Deferred retirees who elect continued health benefits hereunder may maintain continuous membership in their County medical and/or dental plan group during the period of deferred retirement at their full personal expense, by paying the full premium for their medical and dental coverage on or before the tenth (10 th) of each month to the Employee Benefits Services Unit. When they begin to receive retirement benefits, they will qualify for the same medical and/or dental plan coverage and County subvention to which similarly situated retirees who did not defer retirement are entitled. E. Deferred retirees may elect retiree health benefits hereunder but may elect not to maintain participation in their County medical and/or dental plan during their deferred retirement period. When they begin to receive retirement benefits, they will qualify for the same health coverage pursuant to Section 18.7, subsection (A), above, as similarly situated retirees who did not defer retirement, provided reinstatement to a County group health plan will only occur following a three (3) full calendar month waiting period after the month in which their retirement allowance commences. F. Employees who elect deferred retirement will not be eligible in any eve nt for County health plan subvention unless the member draws a monthly retirement allowance within twenty-four (24) months after separation from County service. November 6, 2018 BOS Minutes 105 SECTION 18 – MEDICAL, LIFE AND DENTAL CARE CNA - 61 - 2018-2021 G. Deferred retirees and their eligible family members are required to meet the same eligibility provisions for retiree health coverage as similarly situated retirees who did not defer retirement. 18.12 Child Care. The County will continue to support the concept of non-profit childcare facilities similar to the “Kid’s at Work” program , a private non-profit. 18.13 Dependent Care Assistance Program: The County offers the option of enrolling in a Dependent Care Assistance Program (DCAP) designed to qualify for tax savings under Section 129 of the Internal Revenue Code, but such savings are not guaranteed. The program allows employees to set aside a predetermined amount of money from their paycheck, not to exceed the maximum amount authorized by federal law (before taxes) per calendar year to pay for eligible depe ndent care (child and elder care) expenses. Any unused balance is forfeited and cannot be recovered by the employee. 18.14 Life Insurance Benefit Under Health and Dental Plans: For employees who are enrolled in the County’s program of medical or dental coverage as either the primary or the dependent, term life insurance in the amount of ten thousand dollars ($10,000) will be provided by the County. 18.15 Supplemental Life Insurance: In addition to the life insurance benefits provided by this agreement, employees may subscribe voluntaril y and at their own expense for supplemental life insurance. Employees may subscribe for an amount not to exceed five hundred thousand dollars ($500,000), of which one hundred thousand ($100,000) is a guaranteed issue, provided the election is made within the required enrollment periods. 18.16 Premium Conversion Plan: The County offers the Premium Conversion Plan (PCP) designed to qualify for tax savings under Section 125 of the Internal Revenue Code, but tax savings are not guaranteed. The program allows employees to use pre- tax dollars to pay health and dental premiums. 18.17 Voluntary Vision Plan: Beginning with the 2019 plan year, active permanent full-time and active permanent part-time employees will be offered the opportunity to enroll in a voluntary vision plan. Employees will pay the full premium costs of the plan. The County will contract with a provider for a voluntary vision plan with no co -pays. The vision plan is not available to temporary, per diem, or permanent -intermittent employees. 18.18 Prevailing Section: To the extent that any provision of this Section (Section 18 - Medical, Life & Dental Care) is inconsistent with any provision of any other County enactment or policy, including but not limited to Administrative Bulletins, the Salary Regulations, the Personnel Management Regulations, or any other agreement or order of the Board of Supervisors, the provision(s) of this Section (Section 18 – Medical, Life & Dental Care) will prevail. November 6, 2018 BOS Minutes 106 SECTION 19 – PROBATIONARY PERIOD CNA - 62 - 2018-2021 SECTION 19 – PROBATIONARY PERIOD 19.1 Duration. All appointments from officially promulgated employment lists for original entrance or promotion shall be subject to a probationary period. This period shall be from six (6) months to two (2) years duration. 19.2 Probationary Period in Excess of Six Months. Those classes represented by the Association which have probation periods in excess of six (6) months: None. 19.3 Revised Probationary Period. When the probationary period for a class is changed, only new appointees to positions in the classifi cation shall be subject to the revised probationary period. 19.4 Criteria. The probationary period shall commence from the date of appointment. It shall not include time served in provisional or temporary appointments or any period of continuous absence exceeding fifteen (15) calendar days except as otherwise provided by law. For those employees appointed to permanent -intermittent positions with a six (6) month probation period, probation will be considered completed upon serving one thousand (1,000) hours after appointment except that in no instance will this period be less than six (6) calendar months from the beginning of probation. If a permanent-intermittent probationary employee is reassigned to full time, credit toward probation completion in the full-time position shall be prorated on the basis of one hundred seventy-three (173) hours per month. For employees appointed to permanent part-time positions with a six (6) month probation period, probation will be considered completed after serving six (6) months in the permanent part-time position. 19.5 Rejection During Probation. An employee who is rejected during the probation period and restored to the eligible list shall begin a new probationary period if subsequently certified and appointed. A. Appeal From Rejection. Notwithstanding any other provisions of this section, an employee (probationer) shall have the right to appeal from any rejection during the probationary period based on political, or religious, or Union activities, or race, color, national origin, sex, age, disability, or sexual orientation, or as otherwise provided by law. B. The appeal must be written, must be signed by the employee and set forth the grounds and facts by which it is claimed that grounds for appeal exist under Subsection A and must be filed through the Director of Human Resources to the Merit Board by 5:00 p.m. on the seventh (7th) calendar day after the date of delivery to the employee of notice of rejection. C. The Merit Board shall consider the appeal, and if it finds probable cause to believe that the rejection may have been based on grounds prohibited in Subsection A, it may refer the matter to a Hearing Officer for hearing, recommended findings of fact, conclusions of law and decision, pursuant to the November 6, 2018 BOS Minutes 107 SECTION 19 – PROBATIONARY PERIOD CNA - 63 - 2018-2021 relevant provisions of the Merit Board rules in which proceedings the rejected probationer has the burden of proof. D. If the Merit Board finds no probable cause for a hearing, it shall deny the appeal. If, after hearing, the Merit Board upholds the appeal, it shall direct that the appellant shall begin a new probationary period unless the Merit Board specifically reinstates the former period. 19.6 Regular Appointment. The regular appointment of a probationary employee shall begin on the day following the end of the probationary period, subject to the condition that the Director of Human Resources receives from the appointing authority a statement in writing that the services of the employee during the probationary period were satisfactory and that the employee is recommended for permanent appointment. A probationary employee may be rejected at any time during the probation period without regard to the Skelly provisions of this MOU, without notice and without right of appeal or hearing. If the appointing autho rity has not returned the probation report, a probationary employee may be rejected from the service within a reasonable time after the probation period for failure to pass probation. The department will make every effort to process the probation report in a timely manner, with the intent of completing it before the end of the probation period. If the appointing authority fails to submit in a timely manner the proper written documents certifying that a probationary employee has served in a satisfactory manner and later acknowledges it was his or her intention to do so, the regular appointment shall begin on the day following the end of the probationary period. Notwithstanding any other provisions of the MOU, an employee rejected during the probation period from a position in the merit system to which the employee had been promoted or transferred from an eligible list, shall be restored to a position in the department from which the employee was promoted or transferred. An employee dismissed for other than disciplinary reasons within six (6) months after being promoted or transferred from a position in the merit system to a position not included in the merit system shall be restored to a position in the classification in the department from which the employee was promoted or transferred. A probationary employee who has been rejected or has resigned during probation shall not be restored to the eligible list from which the employee was certified unless the employee receives the affirmative recommendation from the appointing authority and is certified by the Director of Human Resources whose decision is final. The Director of Human Resources shall not certify the name of a person restored to the eligible list to the same appointing authority by whom the person was rejected from the same eligible list, unless such certification is requested in writing by the appointing authority. 19.7 Layoff During Probation. An employee, who is laid off during probation, if reemployed in the same class by the same department, shall be required to complete only the balance of the required probation. November 6, 2018 BOS Minutes 108 SECTION 20 – PROMOTION CNA - 64 - 2018-2021 If reemployed in another department or in another classification, the employee shall serve a full probationary period. An employee appointed to a permanent position from a layoff or reemployment list is subject to a probation period if the position is in a department other than the department from which the employee separated, displaced, or voluntarily demoted in lieu of layoff. An appointment from a layoff or reemployment list is not subject to a probation period if the position is in the department from which the employee separated, displaced or voluntarily demoted in lieu of layoff. 19.8 Rejection During Probation of Layoff Employee. An employee who has achieved permanent status in the class before layoff and who subsequently is appointed from the layoff list and then rejected during the probation period shall be automatically restored to the layoff list, unless discharged for cause, if the person is within the period of layoff eligibility. The employee shall begin a new probation period if subsequently certified and appointed in a different department or classification than that from which the employee was laid off. SECTION 20 – PROMOTION 20.1 Competitive Exam. Promotion shall be by competitive examination unless otherwise provided in this MOU. 20.2 Promotion Policy. The Director of Human Resources, upon request of an appointing authority, shall determine whether an examination is to be called on a promotional basis. 20.3 Promotion Via Reclassification Without Examination. Notwithstanding other provisions of this Section, an employee may be promoted from one classification to a higher classification and his/her position reclassified at the request of the appointing authority and under the following conditions: A. An evaluation of the position(s) in question must show that the duties and responsibilities have significantly increased and constitute a higher level of work. B. The incumbent of the position must have performed at the higher level for one (1) year. C. The incumbent must meet the minimum education and experience requirements for the higher class. D. The action must have approval of the Director of Human Resources. E. The Association approves such action. The appropriate rules regarding probationary status and salary on promotion are applicable. November 6, 2018 BOS Minutes 109 SECTION 21 – TRANSFER CNA - 65 - 2018-2021 20.4 Requirements for Promotional Standing. In order to qualify for an examination called on a promotional basis, an employee must have probationary or permanent status in the merit system and must possess the minimum qualifications for the class. Applicants will be admitted to promotional examinations only if the requirements are met on or before the final filing date. If an employee who is qualified on a promotional employment list is separated from the merit system, except by layoff, the employee's name shall be removed from the promotional list. 20.5 Seniority Credits. Employees who have qualified to take promotional examinations and who have earned a total sc ore, not including seniority credits, of seventy percent (70%) or more, shall receive, in addition to all other credits, five one hundredths (.05) of one percent for each completed month of service as a permanent County employee continuously preceding the final date for filing application for said examination. For purposes of seniority credits, leaves of absence shall be considered as service. Seniority credits shall be included in the final percentage score from which the rank on the promotional list is determined. No employee, however, shall receive more than a total of five percent (5%) credit for seniority in any promotional examination. 20.6 Physical Examination. County employees who are required as part of the promotional examination process to take a physical examination shall do so on County time at County expense. SECTION 21 – TRANSFER 21.1 Requirements. The following conditions are required in order to qualify for transfer: A. The position shall be in the same class, or if in a different class shall have been determined by the Director of Human Resources to be appropriate for transfer on the basis of minimum qualifications and qualifying procedure; B. the employee shall have permanent status in the merit system and shall be in good standing; C. the appointing authority or authorities involved in the transaction shall have indicated their agreement in writing; D. the employee concerned shall have indicated agreement to the change in writing; E. the Director of Human Resources shall have approved the change. Notwithstanding the foregoing, transfer may also be accomplished through the regular appointment procedure provided that the individual desiring transfer has eligibility on a list for a class for which appointment is being considered. November 6, 2018 BOS Minutes 110 SECTION 21 – TRANSFER CNA - 66 - 2018-2021 21.2 Procedure. Any employee or appointing authority who desires to initiate a transfer may inform the Director of Human Resources in writing of such desire stating the reasons therefore. If the Director of Human Resources considers that the reasons are adequate and that the transfer will be for the good of the County service and the parties involved, the Director of Human Resources shall inform the appointing authority or authorities concerned and the employee of the proposal and may take the initiative in accomplishing the transfer. 21.3 Bid Procedure. Employees in all classifications represented by the Association may bid on open jobs throughout the Health Services Department as provided below: A. Eligible Bidders. 1.Permanent Employees. Permanent Employees (full-time, part-time, and permanent intermittent) may bid on any open permanent position in their same classification. Employees on probation in a permanent position may not bid on any position outside of their current work unit. 2.Per Diem Employees. Per Diem employees may bid on any open position in the merit system classification that is equivalent to their per diem classification if they are on an active eligible list for the open merit system position. B. Responsibility. Implementation of the bidding procedure is the of the Supervisor ("Supervisor") of the vacated or newly created position. C. Job Notices Posted Five (5) Days Only. Open job notices shall be posted electronically on the County’s online application website on the “Transfer Jobs” page for five (5) calendar days. All postings shall be retained for forty -five (45) days. The notice shall specify all job factors and shall be posted only once. D. All Open Jobs Must be Posted Electronically. All job openings which may occur by creation of new jobs, separation, promotion, demotion, transfer or reassignment must be posted for permanent employee bidding. E. The Supervisor may select from any Eligible Bidder, as defined above. Preference will be given to bidders with experience working in the unit and specialty area of the vacant position. However, when the Supervisor is unable to identify an existing eligible employee with relevant experience and expertise, the Supervisor may request to interview candidates from the mer it system eligible list concurrently. Merit System eligible lists will be referred under the “Rule of the List”. F. Bidder Selection. 1.Bids from within the unit of posting. It is agreed that employees currently working in the unit that has the posted vacancy would be the most qualified pool of candidates. The bid will be awarded to unit employees November 6, 2018 BOS Minutes 111 SECTION 22 – RESIGNATIONS CNA - 67 - 2018-2021 requesting hour or shift changes in accordance with this provision. In the case of two (2) or more candidates submitting a bid from within the unit of vacancy, the position will be awarded to the candidate holding the most RN unit seniority. For purposes of this section, RN unit seniority is determined by the date the nurse is hired into the work unit. The manager may select the next most senior bidder within th e unit of vacancy in the event that the most senior bidder within the unit of vacancy has more than two (2) written counseling or disciplinary memos administered within the past one year or two (2) or more below standard annual performance evaluations in the past four (4) years. 2.Bids for outside of the unit or posting: The Supervisor shall consider each eligible employee submitting a bid and select the person to fill the position they deem most qualified by virtue of education, training, and experience. In all cases, the person selected must possess the minimum qualifications (as described in the job specification) for the skill level of the classification and position they are selected to fill (i.e., Registered Nurse, Registered Nurse – Beginning Level, Public Health Nurse, etc.). Unsuccessful bidders will be notified as soon as possible following the conclusion of the interviews. G. No Old Job Claim. The selected bidder shall have no claim on the job that the selected bidder left. If the decision is made by either the supervisor or the employee to seek immediate reassignment, the employee must take another open job (not bid on). The old job may not be reclaimed because the employee once held it. H. Minimum Job Time–Three (3) Months. Employees must have had three (3) months in their reassigned position before they may bid on another open position. Time period begins the date they begin working in the new assignment. I. Public Health Nurse Expanded Roles, previously known as special assignments, shall be filled in accordance with Attachment L. 21.4 Advanced Level Transfer and Training. The County agrees to modify the RN Advanced Level job classification to allow employees occupying such classifications to transfer to a different RN Advanced level position and maintain RN Advanced level pay, provided that the employee meets the expectations of the position specifications within six (6) months of the transfer. SECTION 22 – RESIGNATIONS An employee's voluntary termination of service is a resignatio n. Written resignations shall be forwarded to the Human Resources Department by the appointing authority immediately on receipt, and shall indicate the effective date of termination. Oral resignation shall be immediately confirmed by the appointing authority in writing to the November 6, 2018 BOS Minutes 112 SECTION 22 – RESIGNATIONS CNA - 68 - 2018-2021 employee and to the Human Resources Department and shall indicate the effective date of termination. 22.1 Resignation in Good Standing. A resignation giving the appointing authority written notice at least two (2) weeks in advance of the last date of service (unless the appointing authority requires a longer period of notice, or consents to the employee's terminating on shorter notice) is a resignation in good standing. 22.2 Constructive Resignation. A constructive resignation occurs and is effective when: A. an employee has been absent from duty for ten (10) consecutive working days without leave; and B. ten (10) more consecutive days have elapsed without response by the employee after the mailing of a notice of resignation by the appointing authority to the employee at the employee's last known address. 22.3 Effective Resignation. A resignation is effective when delivered or spoken to the appointing authority, operative either on that date or another date specified. 22.4 Revocation. A resignation that is effective is revocable only by written concurrence of the employee and the appointing authority. 22.5 Coerced Resignations. A. Time Limit. A resignation which the employee believes has been coerced by the appointing authority, may be revoked within seven (7) calendar days after its expression by serving written notice on the Director of Human Resources and a copy on the appointing authority. B. Reinstatement. If the appointing authority acknowledges that the employee could have believed that the resignation was coerced, it shall be revoked and the employee returned to duty effective on the day following the appointing authority's acknowledgment without loss of seniority or pay. C. Contest. Unless, within seven (7) days of the receipt of the notice, the appointing authority acknowledges that the resignation could have been believed to be coerced, this question should be handled as an appeal to the Merit Board. In the alternative, the employee may file a written election wi th the Director of Human Resources waiving the employee's right of appeal to the Merit Board in favor of the employee's appeal rights under the grievance procedure contained in Section 24 – Grievance Procedure. D. Disposition. If a final decision is rendered that determines that the resignation was coerced, the resignation shall be deemed revoked and the employee November 6, 2018 BOS Minutes 113 SECTION 23 – DISMISSAL, SUSPENSION, AND DEMOTION CNA - 69 - 2018-2021 returned to duty effective on the day following the decision but without loss of seniority or pay, subject to the employee's duty to mitigate damages. 22.6 Eligibility for Reemployment. Within one (1) year of resignation in good standing from County service, a person who has had permanent status which included satisfactory completion of probation may make application by letter to the Director of Human Resources for placement on a reemployment list as follows: The class from which the person resigned, or any one class of equal or lesser rank in the occupational series and in which the person had previously attained permanent status, or for any class or deep class which has replaced the class in which the person previously had status, provided that the person meets the minimum requirements for the new class. If the appointing authority of the department from which the person resigned recommends reemployment, the Director of Human Resources shall grant reemployment privileges to the person. If the appointing authority does not recommend reemployment, the employee may appeal to the Director of Human Resources. Consideration of names from a reemployment list is mandatory if the appointing authority recommended reemployment of the individual(s) listed but is optional for other appointing authorities. SECTION 23 – DISMISSAL, SUSPENSION, AND DEMOTION 23.1 Sufficient Cause for Action. The appointing authority may dismiss, suspend, or demote, any employee for cause. The following are sufficient causes for such action. The list is indicative rather than inclusive of restrictions and dismissal, suspension or demotion may be based on reasons other than those specifically mentioned: A. absence without leave; B. conviction of any criminal act involving moral turpitude; C. conduct tending to bring the merit system into disrepute; D. disorderly or immoral conduct; E. incompetence or inefficiency; F. insubordination; G. being at work under the influence of liquor or drugs, carrying onto the premises liquor or drugs, or consuming or using liquor or drugs during work hours and/or on County premises; H. neglect of duty; I. negligent or willful damage to public property or waste of public supplies or equipment; November 6, 2018 BOS Minutes 114 SECTION 23 – DISMISSAL, SUSPENSION, AND DEMOTION CNA - 70 - 2018-2021 J. violation of any lawful or reasonable regulation or order given by a supervisor or Department Head; K. willful violation of any of the provisions of the merit system ordinance or Personnel Management Regulations; L. material and intentional misrepresentation or concealment of any fact in connection with obtaining employment; M. misappropriation of County funds or property; N. unreasonable failure or refusal to undergo any physical, medical and /or psychiatric exam and/or treatment authorized by this MOU; O. dishonesty or theft; P. excessive or unexcused absenteeism and/or tardiness; Q. sexual harassment, including but not limited to unwelcome sexual advances, requests for sexual favors, and other verbal, or physical conduct of a sexual nature, when such conduct has the purpose or effect of affecting employment decisions concerning an individual, or unreasonably interfering with an individual's work performance, or creating an intimidating and hostile working environment. 23.2 Skelly Requirements. Notice of Proposed Action (Skelly Notice). Before taking a disciplinary action to dismiss, suspend for more than five (5) workdays (four [4] workdays for employees on 4/10 workweek), demote or reduce in salary any employee, the appointing authority shall cause to be served personally or by certified mail on the employee a Notice of Proposed Action which shall contain the following: A. A statement of the action proposed to be taken. B. A copy of the charges, including the acts or omissions and grounds upon which the action is based. C. If it is claimed that the employee has violated a rule or regulation of the County, department or district, a copy of said rule shall be included with the notice. D. A statement that the employee may review and request copies of materials upon which the proposed action is based. E. A statement that the employee has seven (7) calendar days to respond to the appointing authority either orally or in writing. Employee Response. The employee upon whom a Notice of Proposed Action has been served shall have seven (7) calendar days to respond to the appointing authority either orally or in writing before the proposed action may be taken. Upon request of the November 6, 2018 BOS Minutes 115 SECTION 24 – GRIEVANCE PROCEDURE CNA - 71 - 2018-2021 employee and for good cause, the appointing authority may extend in writing the period to respond. If the employee's response is not filed within seven (7) days or during any extension, the right to respond is lost. 23.3 Leave Pending Employee Response. Pending response to a Notice of Proposed Action within the first seven (7) days or extension thereof, the appointing authority for cause specified in writing may place the employee on temporary leave of absence with pay. 23.4 Length of Suspensions. Suspensions without pay shall not exceed thirty (30) days unless ordered by an arbitrator, an adjustment board, or the Merit Board. 23.5 Procedure on Dismissal, Suspension, or Disciplinary Demotion. A. In any disciplinary action to dismiss, suspend, or demote an employee h aving permanent status in a position in the merit system, after having complied with the Skelly requirements where applicable, the appointing authority shall make an order in writing stating specifically the causes for the action. B. Service of Order. Said order of dismissal, suspension, or demotion shall be filed with the Director of Human Resources, showing by whom and the date a copy was served upon the employee to be dismissed, suspended or demoted, either personally or by certified mail to the employee's last known mailing address. The order shall be effective either upon personal service or deposit in the U. S. Postal Service. C. Employee Appeals from Order. The employee may appeal an order of dismissal, suspension or demotion either to the Merit Board or through the procedures of Section 24 – Grievance Procedure of this MOU provided that such appeal is filed in writing with the Director of Human Resources within ten (10) calendar days after service of said order. An employee may not both appeal t o the Merit Board and file a grievance under Section 24 – Grievance Procedure of this MOU. 23.6 Employee Representation Rights. The County recognizes an employee’s right to representation during any disciplinary interview or meeting which may result in discipline. The County will not interfere with the representative’s right to assist an employee to clarify the facts during the interview. SECTION 24 – GRIEVANCE PROCEDURE 24.1 Definition and Procedural Steps. A grievance is any dispute which involves the interpretation or application of any provision of this MOU excluding, however, those provisions of this MOU which specifically provide that the decision of any County official shall be final. The interpretation or application of those provisions not b eing subject to the grievance procedure. The Union may represent the grievant at any stage of the process. November 6, 2018 BOS Minutes 116 SECTION 24 – GRIEVANCE PROCEDURE CNA - 72 - 2018-2021 Grievances must be filed within thirty (30) calendar days of the incident or occurrence about which the grievant claims to have a grievance and sh all be processed in the following manner: Step 1. EMPLOYEE: The Union and any employee or group of employees who believes that a provision of this MOU has been misinterpreted or misapplied to his or her detriment shall discuss the complaint with the grievant's immediate supervisor, who shall meet with the grievant within five (5) business days of receipt of a written request to hold such meeting. Step 2. DEPARTMENT: If a grievance is not satisfactorily resolved in Step 1 above, the grievance may be submitted in writing to Health Services Personnel Department. This request shall be filed no more than ten (10) business days after the completion of Step 1. This formal written grievance shall state which provision of the MOU has been misinterpreted or misapplied, how misapplication or misinterpretation has affected the grievant, and the remedy he or she seeks. Each written grievance shall be copied to the Director of Human Resources. The HSD Personnel Department shall have ten (10) business days in which to respond to the grievance in writing. If either the Union or grievant request a meeting with the Department Head or his/her designee at this step, such a meeting will be held. Step 3. BOARD OF ADJUSTMENT: Pursuant to a formal written request by the Union, as defined above, if the grievance is not satisfactorily resolved in Step 2, the Union may file, within fifteen (15) business days of the Step 2 response, a request to convene a Board of Adjustment. The Board of Adjustment shall be created to be composed of two (2) representatives of each party to this Agreement, for the purpose of passing on all claims, disputes and grievances arising between the parties during the term of this MOU. Said Board shall meet for consideration of any such matter referred to it within ten (10) business days after receipt of said written request. For cases other than those which are disciplinary in nature, the convening of the Board of Adjustment may be waived. The request of either party to extend the time limit for the convening of the Board of Adjustment due to extenuating circumstances will not be unreasonably denied. If the matter is not adjusted and is impassed, the moving party shall communicate in writing to the other party, within twenty (20) business days, follo wing the meeting of the Board of Adjustment, their desire to proceed to arbitration. Failure of the moving party to comply with the twenty (20) business day time limit herein specified shall be deemed to be a conclusive waiver of the grievance. Step 4. ARBITRATION: For grievances processed through the Board of Adjustment the following expedited procedure shall be utilized: A. The parties may mutually agree to the selection of an Arbitrator. Absent agreement on Arbitrator selection, the parties may request a panel from the State Mediation Service. The parties will strike from the Mediation panel list. The Arbitrator selected will provide the parties with hearing dates within thirty (30) calendar days of the request. November 6, 2018 BOS Minutes 117 SECTION 24 – GRIEVANCE PROCEDURE CNA - 73 - 2018-2021 B. The parties shall be allotted a minimum of twenty (20) business days from date of request to prepare the case for arbitration. Discharge cases will be heard first on the agenda followed by suspension cases based on date of occurrence unless mutually agreed otherwise. C. Each case will be argued orally unless either party requests to file post -hearing briefs. At the conclusion of the hearing, the arbitrator shall issue a decision within three (3) business days from the close of the hearing. A written opinion and award will be furnished within thirty (30) calendar days thereafter. D. INTERPRETATION OR APPLICATION DISPUTES: For contract interpretation disputes which proceed to arbitration, the parties will mutually select an impartial Arbitrator. If the parties are unable to agree upon the selection of an arbitrator, they shall request a panel of Arbitrators from the FMCS or the State Mediation Service and they shall select an arbitrator by utilizing the strike-off method. E. Each party shall in good faith divulge to the other party all available material facts at the time said party acquires knowledge thereof concerning the matter in dispute. Nothing contained herein shall require either party to supply documents which are irrelevant. F. All jointly-incurred arbitration expenses shall be borne by the losing party. In the event of a dispute concerning the application of this section, the Arbitrator shall be empowered to determine the allocation of expenses. G. The Arbitrator shall not have the right to alter, amend, delete or add t o any of the terms of this MOU. In termination cases, it is agreed that if a grievant is reinstated to employment with full back pay, the County shall pay the jointly-incurred costs of the arbitration. If a grievant is not reinstated, the Union shall pa y the jointly-incurred costs of the arbitration. If a grievant is reinstated with partial or no back pay, the parties shall split the jointly-incurred costs of the arbitration. 24.2 Time Limits. The time limits specified above may be waived by mutual ag reement of the parties to the grievance. If the County fails to meet the time limits specified in Steps 1 through 4 above, the grievance will automatically move to the next step. If an employee fails to meet the time limits specified in Steps 1 through 4 above, the grievance will be deemed to have been settled and withdrawn. 24.3 Union Notification. An official, with whom a formal grievance is filed by a grievant, who is included in a unit represented by the Union, but is not represented by the Union in the grievance, shall give the Union a copy of the formal presentation. November 6, 2018 BOS Minutes 118 SECTION 25 - COMPENSATION COMPLAINTS CNA - 74 - 2018-2021 SECTION 25 - COMPENSATION COMPLAINTS The Employer is not required to pay any wage claim or portion thereof retroactively for a period of more than six (6) months immediately prior to the date of the Employer’s receipt of written notice, of such claim. No change in this MOU or interpretations thereof (except interpretations resulting from Adjustment Board or arbitration proceedings hereunder) will be recognized unless agreed to by th e County and the Association. SECTION 26 - MERIT BOARD A. All grievances of employees in representation units represented by the Association shall be processed under Section 24 – Grievance Procedure unless the employee elects to apply to the Merit Board on matters within its jurisdiction. B. No action under Step 3, and 4, of Subsection 24.1 - Grievance Procedure, Definition and Procedural Steps shall be taken if action on the complaint or grievance has been taken by the Merit Board, or if the complaint or grievance is pending before the Merit Board. SECTION 27 - NO STRIKE A. During the term of this MOU, the Association, its members and representatives, agree that it and they will not engage in, authorize, sanction, or support any strike, slowdown, stoppage of work, sickout, or refusal to perform customary duties. B. For non CNA strikes: In the case of a legally declared lawful strike against a private or public sector employer which has been sanctioned and approved by the labor body or council having jurisd iction, an employee who is in danger of physical harm shall not be required to cross the picket line, provided the employee advises his or her supervisor as soon as possible, and provided further that an employee may be required to cross a picket line wher e the performance of his or her duties is of an emergency nature and/or failure to perform such duties might cause or aggravate a danger to public health or safety. CNA agrees that the following are essential Registered Nurses who will be allowed by CNA to work in the event of a strike by another union during the term of this MOU: November 6, 2018 BOS Minutes 119 SECTION 28 – BILINGUAL PAY CNA - 75 - 2018-2021 Unit RNs/shift CSU 3 ICU 4 IMCU 4 Nursery 2 L&D 4 Med 8 Surg 6 Post-P 2 OR 3 on days, 2 on-call PMs and Nights PACU 2 on days, 1 on-call PMs and Nights ED 7 Inpt Psych 6 SECTION 28 – BILINGUAL PAY A salary differential of eighty dollars ($80.00) per month of shall be paid incumbents of positions requiring bilingual proficiency as designated by the appointing authority and Director of Human Resources. Said differential shall be paid to eligible employees in paid status for any portion of a given month. Designation of positions for which bilingual proficiency is required is the sole prerogative of the County. Effective July 1, 2008, the differential shall be increased to one hundred dollars ($100) per month. If during the calendar year of 2008, the County increases the Bilingual Pay for Public Employees Local One, the County will extend that increase to CNA bargaining unit members. The increase will be implemented with the same effective date as applicable for Public Employees Local One, on a prospective basis only. SECTION 29 – RETIREMENT 29.1 Contribution. A. Contribution for Registered Nurses Unit. Pursuant to Government Code Section 31581.1, for employees in classifications in the Registered Nurses Unit, the County will continue to pay fifty percent (50%) of the retirement contributions normally required of employees. Such payments shall continue for the duration of this MOU, and shall terminate thereafter. Employees shall be responsible for payment of the employee’s contribution for the retirement cost -of-living program as determined by the Board of Retirement of the Contra Costa County Employees' Retirement Association without the County paying any part of the employee’s share. The County will pay the remaining one -half (1/2) of the retirement cost-of-living program contribution. November 6, 2018 BOS Minutes 120 SECTION 28 – BILINGUAL PAY CNA - 76 - 2018-2021 B. Contribution for Public Health Nurse Unit. Effective on January 1, 2012 employees in classifications in the Public Health Nurse Unit are responsible for the payment of one hundred percent (100%) of the employees’ basic retirement benefit contributions determined annually by the Board of Retirement of the Contra Costa County Employees’ Retirement Association without the County paying any part of the employees’ contribution. Employees are also responsible for the payment of the employees' contributions to the retirement cost of living program as determined annually by the Board of Retirement without the County paying any part of the employees’ contributions. The County is responsible for one hundred percent (100%) of the employer’s retirement contributions determined annually by the Board of Retirement. 29.2 Retirement Benefits for Registered Nurses Unit and Public Health Nurse Unit A. Retirement Benefit for Registered Nurses Unit - Employees who become New Members of CCCERA on or after January 1, 2013. 1.For employees who, under the California Public Employees Pension Reform Act of 2013 (PEPRA), become New Members of the Contra Costa County Employees Retirement Association (CCCERA) system on or after January 1, 2013, retirement benefits are governed by PEPRA, (Chapters 296, 297, Statutes of 2012). To the extent this Agreement conflicts with any provision of PEPRA, PEPRA will govern. 2.For employees who, under PEPRA, become New Members of CCCERA on or after January 1, 2016, the cost of living adjustment to the retirement allowance will not exceed two percent (2%) per year, and the cost of living adjustment will be banked. B. Retirement Benefit for Public Health Nurses Unit- Employees who become New Members of CCCERA on or after January 1, 2013 1.For employees who, under PEPRA, become New Members of the Contra Costa County Employees Retirement Association (CCCERA) on or after January 1, 2013, retirement benefits are governed by the California Public Employees Pension Reform Act of 2013 (PEPRA), (Chapters 296, 297, Statutes of 2012). To the extent this Agreement conflicts with any provision of PEPRA, PEPRA will govern. 2.For employees hired by the County after June 30, 2014, who, under PEPRA, become New Members of CCCERA, the cost of living adjustment to the retirement allowance will not exceed two percent (2%) per year, and the cost of living adjustment will be banked. C. For employees in the Registered Nurses Unit and Public Health Nurse Unit who, under PEPRA, become New Members of CCCERA, the disability provisions are the same as the current Tier III disability provisions. November 6, 2018 BOS Minutes 121 SECTION 28 – BILINGUAL PAY CNA - 77 - 2018-2021 D. The County will seek legislation amending the County Employees Retirement Law of 1937 to clarify that the current Tier III disability provisions apply to employees in the Registered Nurses Unit and Public Health Nurse Unit who, under PEPRA, become New Members of CCCERA. CNA will support the passage of the legislation and upon the County’s request, will call and send a letter (on CNA letterhead) in support of the bill to the state legislator sponsoring the bill. In addition, upon the County’s request, CNA will testify in support of the bill before the state legislative committees considering the bill. 29.3 Tier III. Subject to the enactment of enabling legislation amending the 1937 Employees’ Retirement Act to allow such election, the County will permit certain Tier II employees to elect a Tier III Retirement Plan under the following conditions: A. The County and the Labor Coalition must agree on the wording of the legislation and both parties must support the legislation. B. Except for disability, all benefit rights, eligibility for and amounts of all other benefit entitlements for Tier III, from and after the date of implementation, shall be the same as Tier I. The disability benefits for Tier III shall be the same as the current Tier II disability provisions. C. The amount of the employee's required retirement contribution shall be established by the County Employees' Retirement Association and shall be based on the employee’s age at entry into the retirement system. D. Employees represented by the Labor Coalition and enrolled in Tier II who have attained five (5) years of retirement credited service as of the effective date of the enabling legislation shall have a six (6) month period after such date to make a one (1) time irrevocable election of the Tier III Retirement Plan expressed herein subject to action by the Board of Supervisors to implement the Plan. Thereafter, employees represented by the Labor Coalition enrolled in Tier II who have attained five (5) years of retirement credited service shall have a ninety (90) day period to make a one (1) time irrevocable election of the Tier III Retirement Plan expressed herein. E. 1.The County's employer contributions and subvention of employee contributions for Labor Coalition employees electing Tier III which exceed those which would be required for Tier II membership shall: a.be funded by reducing the general wage increase agreed upon to be effective October 1, 1997, and the pay equity amounts attributable thereto, by a percentage sufficient to reduce the County’s wage obligation by three ($3) million dollars per year, and the general wage increase of all employees represented by the Labor Coalition shall be reduced accordingly; and November 6, 2018 BOS Minutes 122 SECTION 28 – BILINGUAL PAY CNA - 78 - 2018-2021 b.in the event the County’s costs attributable to the creation and operation of Tier III exceed three ($3) million dollars per year, or the County Employees’ Retirement Association’s actuaries determine in future years that the County’s retirement costs have increased and that the increase is attributable to the creation of Tier III and/or the impact of Tier III on the County’s retirement costs, such increase shall be funded by reducing the general wage increase(s) agreed upon in future years, and the pay equity amounts attributable thereto, to the extent that future wage increases are granted; and the general wage increase(s) of all employees represented by the Labor Coalition shall be reduced accordingly; and c.in the event the County’s costs attributable to the Tier III Retirement Plan are less than three ($3) million dollars per year, the difference shall be divided by twelve (12) and each twelfth (12th) shall be augmented by an amount equal to the County’s common pooled fund interest which would have accrued if one -twelfth (1/12th) had been invested in the first month of the past year, two -twelfths (2/12th) in the second month of the past year and so forth; and d.any savings to the County resulting from the creation and operation of Tier III shall be used to offset future County retirement cost increases attributable to the creation and operation of Tier III; and e.County savings shall be held in an account by the Auditor- Controller which is invested in the County’s common pooled fund and will accrue interest accordingly. The County will report yearly to the Labor Coalition on a) the beginning account balance, b) the interest earned, c) expenditures from the account to cover increased costs resulting from the Tier III Retirement Plan, and d) the ending account balance. 2.Any increased costs to the County, due to Tier III participation by employees not represented by the Labor Coalition, shall not be funded by reduction of general wage increases otherwise due to the employees represented by the Labor Coalition. 3.Subject to the provisions expressed above, any and all additional employer and County-paid employee contributions which exceed the sum of the County's legally required contributions under Tier II shall be recovered by reducing general wage increases to the employees represented by the Labor Coalition. 4.Any disputes regarding cost or savings shall be subject to binding arbitration upon demand of the Labor Coalition or the County. November 6, 2018 BOS Minutes 123 SECTION 28 – BILINGUAL PAY CNA - 79 - 2018-2021 F. 1.The enabling legislation shall provide that the Tier III Retirement Plan may be implemented only by an ordinance enacted by the Board of Supervisors. 2.Board of Supervisors’ action to implement the Tier III Retirement Plan shall be taken not earlier than seven (7) months after the effective date of the legislation plus thirty (30) days after an actuarial report on the County cost of the Plan is received by the County, provided that before enactment of the ordinance, the Labor Coalition has not notified the County in writing that a one percent (1%) wage increase shall be implemented by the County effective October 1, 1997, without interest, in lieu of implementation of the Tier III Retirement Plan. G. The establishment of the Tier III Retirement Plan pursuant to the terms of this Memorandum of Understanding shall be subject to approval by the Board of Retirement of the Contra Costa County Employees’ Retirement Associat ion. H. In the event the County is prevented from implementing the Tier III Retirement Plan for any reason on or before the termination date of this MOU, the agreement of the parties regarding a Tier III Retirement Plan shall expire and a one percent (1%) lump sum wage increase shall be implemented by the County within sixty (60) days after the determination that Tier III cannot be implemented or as soon thereafter as practicable for the period covering October 1, 1997 through such termination date, without interest, in lieu of the Tier III Retirement Plan. Effective January 1, 2005, Tier II of the retirement plan for employees represented by the California Nurses Association shall be eliminated and all employees in Tier II of the retirement plan shall be placed in Tier III. I. Effective January 1, 2005, employees in classifications in the Registered Nurses Unit who are in Tier II with ten (10) or more years of County/District service will be eligible to participate in the County’s buy-back program. Employees may replace Tier II benefits with Tier III benefits as follows: 1.Employee buys back two (2) years, County will buy back one (1) year for a total of three (3) years of buyback. 2.Employee buys back four (4) years, County will buy back two (2) years for a total of six (6) years of buyback. 3.Employee buys back six (6) years, County will buy back three (3) years for a total of nine (9) years of buyback. J. The Buy Back program set forth in Section 29.3 (Tier III) subsection I, which makes certain employees eligible to replace Tier II service time with Tier III service time on specified terms terminates on July 1, 2015. The Auditor - Controller will continue to facilitate payroll deduction, if applicable. November 6, 2018 BOS Minutes 124 SECTION 30 – TRAINING REIMBURSEMENT CNA - 80 - 2018-2021 SECTION 30 – TRAINING REIMBURSEMENT 30.1 Career Development. A. Employees who regularly work 24 or more hours per week. Costs for career development training shall be reimbursed up to six hundred fifty dollars ($650.00) per calendar year for employees who regularly work twenty -four (24) or more hours per week. All career development reimbursement may be used for professional career development with an emphasis in the following areas: 1.University or college credit coursework required of an accredited nursing curriculum; 2.Nursing/Medical textbooks, journals and on-line texts and journals that are directly related to the job; 3.Attainment or renewal of national certification in specialty of nursing including review course tuition and materials; 4.Attendance at educational meetings in areas of specialty of nursing or medicine; 5.To offset costs required to meet minimum qualifications for a new specialty area of work within the first six (6) months of transition. Up to three hundred fifty dollars ($350.00) per calendar year may be applied to educational courses not necessarily in the employee’s current career development path or job-related software with the approval of the Manager/Division Head. At year end, any unused reimbursement may be carried over into the next calendar year; however, the maximum reimbursement in any calendar year may not exceed seven hundred dollars ($700.00). B. Employees who regularly work less than twenty-four (24) hours per week. Costs for career development training shall be reimbursed up to two hundred dollars ($200.00) per calendar year for employees who regularly work less than twenty-four (24) hours per week. All career development reimbursement may be used for professional career development with an emphasis in the areas listed in 30.1(A)(1) through 30.1(A)(5) above. Up to one hundred twenty-five dollars ($125.00) per calendar year may be applied to educational courses not necessarily in the employee’s current career November 6, 2018 BOS Minutes 125 SECTION 30 – TRAINING REIMBURSEMENT CNA - 81 - 2018-2021 development path or job-related software with the approval of the Manager/Division Head. At year end, any unused reimbursement may be carried over into the next calendar year; however, the maximum reimbursement in any calendar year may not exceed two hundred fifty dollars ($250.00). Family Nurse Practitioner. Employees in the classification of Family Nurse Practitioner (VWXB) may use the entire career development training reimbursement for which they are eligible for the purchase of job-related computer hardware/software. Reimbursement for and use of career development training costs shall be subject to department approval and proof of successful course completion and payment. 30.2 Advanced Cardiac Life Support Certification. All employees working in the following assignments must possess and maintain throughout the duration of employment a current Advanced Cardiac Life Support certification (ACLS) issued by the American Heart Association: Critical Care and Intermediate Care Unit Emergency Department Labor and Delivery Unit Telemetry Unit Medical Unit Surgical Unit Gastroenterology Unit Perianesthesia Unit Postpartum Unit All employees working in any of the assignments listed above must possess and maintain a current ACLS certification on or before September 30, 2021 or they will be removed from the schedule, will be placed in Absent Without Pay (AWO P) status, and will not be permitted to work until current ACLS certification has been obtained and verified by the County. Employees who fail to obtain the ACLS certification and are placed in AWOP status may be subject to discipline, up to and including termination, for no longer meeting the minimum qualifications of their assignment. The Health Services Department will provide ACLS certification and re-certification classes to those employees who are required to be certified at a cost of no more than twenty-five dollars ($25.00) to the employee. 30.3 Required Certifications and Licenses. All employees must possess and maintain throughout the duration of employment any certification or license required by the County Classification Specification for an employee’s classification and assignment. The only acceptable verification of license status is the Board of Registered Nursing November 6, 2018 BOS Minutes 126 SECTION 31 – EDUCATION LEAVE CNA - 82 - 2018-2021 website. Any employee who does not possess or maintain a current and valid license or certification will be removed from the schedule, will be placed in Absent Without Pay (AWOP) status, and will not be permitted to work until compliance has been obtained and verified by the County. Employees who fail to obtain, possess, and maintain a current and valid license or certification, and are placed in AWOP status, may be subject to discipline, up to and including termination, for no longer meeting the minimum qualifications of their assignment. SECTION 31 – EDUCATION LEAVE A. Each permanent full-time employee in the classification of Registered Nurse – Beginning (VWXC), Registered Nurse (VWXG), Advice Nurse (VWSN), Charge Nurse (VWTF), Clinical Nurse Specialist (VWTA), and Health Services Education and Training Specialist (VWSM) with one (1) or more years of permanent service shall be entitled to forty (40) hours leave with pay each calendar year to attend Board of Registered Nurses approved continuing education courses, workshops, or classes. Employees in these classifications may carryover a maximum of eighty (80) hours of education leave per calendar year. B. Family Nurse Practitioners. Employees in the classification of Family Nurse Practitioner (VWSB) with one (1) or more years of permanent County service shall be entitled to sixty-four (64) hours leave with pay each calend ar year to attend BRN or CME approved continuing education courses, institutions, workshops or classes. Employees in this classification may carryover eighty (80) hours of education leave per calendar year, and may also carryover additional education leave subject to approval. C. Public Health Nurse. Employees in the classification of Public Health Nurse (XXVA) and Public Health Nurse – Project (VVXI) with one (1) or more years of permanent County service shall be entitled to twenty-four (24) hours leave with pay each calendar year to attend Board of Registered Nurses approved continuing education courses, workshops, or classes. Employees in these classifications may carry over education leave with the maximum carryover not to exceed forty-eight (48) hours per calendar year. This carryover will be granted without restriction. D. Permanent Part-Time Employees. Permanent part-time employees in the classification of Registered Nurse – Beginning (VWXC), Registered Nurse (VWXG), Advice Nurse (VWSN), Charge Nurse (VWTF), Clinical Nurse Specialist (VWTA), and Health Services Education and Training Specialist (VWSM) shall be entitled to educational leave on a prorated basis. November 6, 2018 BOS Minutes 127 SECTION 32 – CLASSIFICATION CNA - 83 - 2018-2021 E. Written requests for such leave by all eligible classifications must be submitt ed in advance and may be denied only in the event such leave interferes with staffing. F. The leave herein above defined shall not apply to those courses or programs the employee is required by the County to attend. Mandatory class hours include, but are not limited to non-violence training, PALS, NRP, BLS, ACLS, and harassment prevention. These required courses will be taken at CCRMC. An eligible employee assigned to the night shift, who attends a continuing education course of eight (8) hours duration outside scheduled work time, may receive educational leave pay for the actual course time and may be excused from the night shift immediately preceding or following the course attended. An employee who attends a pre-approved course on a date for which he /she is not regularly scheduled to work or who completes a pre -approved home study course, will be granted CE time off for the number of hours equivalent to the CE units earned. Only Board of Registered Nurses and Continuing Medical Education approved courses will be approved. Such time off must be scheduled in advance by mutual agreement between the employee and the supervisor. When an employee covered by this agreement separates from County service, any unused educational leave shall be canceled. SECTION 32 – CLASSIFICATION Existing classes of positions may be abolished or changed and new classes may be added to the classification plan by the Director of Human Resources subject to approval by the Board of Supervisors. The County will meet and confer with the Association on the minimum qualifications and salary of new classes. If the County wishes to add duties to classes represented by the Association, the Association shall be notified and upon request of the Association, representatives of the County will meet and consult with the Association over such duties. SECTION 33 – SAFETY The County shall expend every effort to see to it that the work performed under the terms and conditions of this MOU is performed with a maximum degree of safety consistent with the requirement to conduct efficient operations. To further this goal, the Contra Costa Regional Medical Center (CCRMC) commits to maintain Patient Care Assistance Teams (Lift Teams). November 6, 2018 BOS Minutes 128 SECTION 34 – MILEAGE & TRANSPORTATION CNA - 84 - 2018-2021 SECTION 34 – MILEAGE & TRANSPORTATION 34.1 Reimbursement for Use of Personal Vehicle. The mileage allowance for use of personal vehicles on County business shall be paid according to the rates allowed by the Internal Revenue Service and shall be adjusted to reflect changes in this rate on the date it becomes effective or the first of the month following announcement of the changed rate by the Internal Revenue Service, whichever is later. Procedures and definitions relative to the mileage reimbursement will be in accordance with the Administrative Bulletin #204. 34.2 Commuter Benefit Program. The County will offer employees the option of enrolling in an employee-funded qualified transportation (commuter) benefit program designed to qualify for tax savings under Section 132(f) of Title 26 of the Internal Revenue Code, but such savings are not guaranteed. The Commuter Benefit Program will allow employees to set aside pre-tax dollars for qualified transportation expenses to the extent and amount allowed by the Internal Revenue Service. SECTION 35 – DEFERRED COMPENSATION LOAN PROVISION A. Deferred Compensation Plan – Special Benefit only for Public Health Nurses Hired after January 1, 2010: Commencing April 1, 2010 and for the duration of the Agreement, the County will contribute one hundred fifty dollars ($150) per month to an employee’s account in the Contra Costa County Deferred Compensation Plan or other designated tax qualified savings vehicle, for employees in the Public Health Nurse Unit who meet all of the following qualifications: 1.The employee was first hired by Contra Costa County on or after January 1, 2010 and, 2.The employee is a permanent full-time or permanent part-time employee regularly scheduled to work at least 20 hours per week and has been so employed for at least 90 calendar days; and 3.The employee defers a minimum of twenty-five dollars ($25) per month to the Contra Costa County Deferred Compensation Plan or other designated tax qualified savings vehicle; and 4.The employee has completed, signed and submitted to the Human Resources Department, Employee Benefits Service Unit the required enrollment form for the account, e.g. the Enrollment Form 457(b). 5.The annual maximum contribution as defined under the relevant Internal Revenue Code provision has not been exceed for the employee’s account for the calendar year. November 6, 2018 BOS Minutes 129 SECTION 34 – MILEAGE & TRANSPORTATION CNA - 85 - 2018-2021 Employees who discontinue deferral or who defer less than the amount required by this provision for a period of one (1) month or more will no longer be eligible to receive the County contribution. To re-establish eligibility, employees must resume deferring the amount required by this provision. No amount deferred by the employee or contributed by the County in accordance with this provision will count towards the “Base Contribution Amount” or the “Monthly Base Contribution Amount for Maintaining Program Eligibility” required for the County’s Deferred Compensation Incentive in any other provision of this Agreement. No amount deferred by the employee or contributed by the County in accordance with any other provision in this Agreement will count toward the minimum required deferral required by this provision. The County’s contribution amount in accordance with this provision will be in addition to the County contribution amount for which the employee may be eligible in accordance with any other provision in this contract. Both the employee deferral and the County contribution to the Contra Costa County Deferred Compensation Plan under this provision, as well as any amounts deferred or contributed to the Contra Costa County Deferred Compensa tion Plan in accordance with any other provision of this contract, will be added together for the purpose of ensuring that the annual Plan maximum contributions as defined under IRS code Section 457(b), or other tax qualified designated savings vehicle, are not exceeded. B. Deferred Compensation Plan – Loan Provision: On June 26, 2012, the Board of Supervisors adopted Resolution 2012/298 approving the California Nurses’ Association to participate in the Deferred Compensation Plan Loan Program effective June 26, 2012. The following is a summary of the provisions of the loan program: 1.The minimum amount of the loan is $1,000 2.The maximum amount of the loan is the lesser of 50% of the employee’s balance or $50,000, or as otherwise provided by law. 3.The maximum amortization period of the loan is five (5) years. 4.The loan interest is fixed at the time the loan is originated and for the duration of the loan. The loan interest rate is the prime rate plus one percent (1%). 5.There is no prepayment penalty if an employee pays the balance of the loan plus any accrued interest before the original amortization period for the loan. 6.The terms of the loan may not be modified after the employee enters into the loan agreement, except as provided by law. 7.An employee may have only one loan at a time. November 6, 2018 BOS Minutes 130 SECTION 36 – DETENTION FACILITY DIFFERENTIAL CNA - 86 - 2018-2021 8.Payment for the loan is made by monthly payroll deduction. 9.An employee with a loan who is not in paid status (e.g. unpaid leave of absence) may make his/her monthly payments directly to the Plan Administrator by some means other than payroll deduction each month the employee is in an unpaid status (e.g. by a personal check or money order). 10.The Loan Administrator (MassMutual Life Insurance Company or its successor) charges a one-time $50 loan initiation fee. This fee is deducted from the employee’s Deferred Compensation account. 11.The County charges a one-time $25 loan initiation fee and a monthly maintenance fee of $1.50. These fees are paid by payroll deduction. The County’s website provides employees with the following information: a.Deferred Compensation Loan Provision b.FAQ’s for the Loan Provision including loan status upon termination of employment and the consequences of defaulting on a loan c.Pros and Cons of borrowing from the Deferred Compensation Plan d.Loan Application and Agreement SECTION 36 – DETENTION FACILITY DIFFERENTIAL Employees who work in the County Detention Facility (including Marsh Creek, West County, Byron’s Boy’s Ranch, the Martinez Detention Facility and Juvenile Hall) shall receive a differential per hour worked at a premium of five percent (5%) of the hourly equivalent of the base rate. Effective the first of the month following the month in which this MOU is adopted by the Board of Supervisors, a five percent (5%) detention differential will be added to the current five percent (5%) detention differential, for a total of a ten percent (10%) detention differential. SECTION 37 – JOINT ASSOCIATION/MANAGEMENT MEETING A. There shall be a Joint Association-Management Meeting every other month unless mutually waived or unless mutually agreed to meet more frequently. Release time or appropriate overtime or paid straight time will be provided for three (3) Association representatives: the Chief Nurse Representative, the Outpatient Nurse Representative and the FNP Nurse Representative, or their designees. Management may also have three (3) representatives: the Director of Hospital Nursing, the Director of Ambulatory Care Nursing and the Health Services Department Personnel Officer, or their designees. Bot h parties may November 6, 2018 BOS Minutes 131 SECTION 38 – PROFESSIONAL PERFORMANCE COMMITTEES CNA - 87 - 2018-2021 agenda items in advance of the meeting and management shall provide reasonable information which is not confidential nor legally protected with a minimum of two (2) weeks advance notice. Other people may be invited to attend such meetings if mutually agreed upon in advance. Among issues for discussion shall be items related to communication and trust. B. Upon request of the Association, the County agrees to schedule meetings similar in concept for the Public Health Division. SECTION 38 – PROFESSIONAL PERFORMANCE COMMITTEES 38.1 Professional Performance Committees. There shall be a single Health Services Registered Nurse Professional Performance Committee (PPC) which shall consist of two (2) subcommittees: one (1) for inpatient Registered Nurses and one (1) for outpatient Registered Nurses. The Committee(s) may consider and discuss issues and subject matters of their own selection which are related to patient care and nursing practice. The Committee(s) may also formulate advisory recommendations and proposals concerning such matters. The Committee(s) shall not discuss economic matters, such as wages, hours and other economic conditions which may be subject to meet and confer. Contra Costa County and California Nurses Association agree tha t it is in the best interest of the patients, employees and management to foster mature and cooperative labor-management relations. To that end, effective sixty (60) days after adoption of this agreement, the parties agree to supplement Section 38 – Professional Performance Committee with the following: A. The Committee may meet more often with agreement of Chief Nursing Officer. B. The Chair will meet with the Chief Nursing Officer prior to the quarterly meeting to set the agenda. C. The Committee can request attendance of the Chief Nursing Officer at any of the monthly meetings. D. Whenever the committee makes a written recommendation to the respective Director of Nursing and the Chief Nursing Officer, he/she will respond in writing to the committee within thirty (30) calendar days unless the Association and the County mutually agree that the time may be extended. E. If the meetings are scheduled during a committee member’s off duty time, the employee will be paid up to two (2) hours of paid straight time. Such paid time shall not be considered hours worked for the purpose of overtime. OBJECTIVES: The objectives of the Professional Performance Committee shall be: Nurse Practice: November 6, 2018 BOS Minutes 132 SECTION 38 – PROFESSIONAL PERFORMANCE COMMITTEES CNA - 88 - 2018-2021 A. To work constructively for the improvement of patient care and nursing practice and to recommend to the Health Services Department the ways and means to improve patient care. B. The County agrees that Registered Nurses should not participate in job -related activities that they do not feel competent practicing and should discuss these concerns with their respective manager. If this dialogue does not end in a satisfactory conclusion, these concerns should be taken to the Professional Performance Committee. Safety and Health: To consider constructively the improvement of safety and health conditions that may be hazardous and provide input for correction/elimination of those conditions to the Health Services Department Safety Committee. Appropriate Staffing Levels: To review staffing, census and acuity levels and make recommendations regarding appropriate staffing levels that comply with state law. 38.2 Subcommittee Meetings. The Inpatient Subcommittee may schedule one (1) regular meeting each month during working hours which shall be scheduled to conflict as little as possible with nursing services. The County will release from duty no more than six (6) Registered Nurses if operationally feasible and does not impact patient safety for a period not to exceed two (2) hours for attendance at such a meeting. The Inpatient Subcommittee shall be composed of Registered Nurses from various shifts with no more than one (1) from each of the following units: Labor & Delivery/Nursery/Post-partum, Medical/Surgical/Telemetry, Inpatient Psychiatric Unit/Psychiatrist Emergency Services, Emergency Department, Critical Care Unit/Intermediate Care Unit, and the Operating Room/Post Anesthesia Care Unit/Gastrointestinal Unit. The Outpatient Subcommittee may schedule one (1) regular meeting each month during working hours, provided that such meetings shall be scheduled to conflict as little as possible with the clinic schedule, be operationally feasible, not impact patient safety, and shall be mutually agreeable to the County. The County will release from duty no more than five (5) Registered Nurses for a period not to exceed two (2) hours, including travel time. The Outpatient Subcommittee shall be composed of Registered Nurses from both day and PM shifts with one from each of the following clinics: Concord, Brentwood/Antioch, Pittsburg/Bay Point, West County/North Richmond, and Martinez/Miller Wellness. The Committee(s) may decide to meet jointly in lieu of separate meetings if particular issues or subjects call for joint inpatient and outpatient consideration. 38.3 Committee Minutes. The Committee(s) shall maintain written minutes, shall provide copies to the Director of Hospital Nursing Services and Director of Ambulatory Care Nursing, and shall maintain copies in various locations for perusal by Registered Nurses. November 6, 2018 BOS Minutes 133 SECTION 38 – PROFESSIONAL PERFORMANCE COMMITTEES CNA - 89 - 2018-2021 38.4 Recommendations. Employees who are not employed at the Health Services Department may submit verbal or written advisory recommendations and proposals for improving patient care to a designated representative of the Department Head, and timely response will be provided. 38.5 PPC Family Nurse Practitioners. There shall be a separate Professional Performance Committee for the Family Nurse Practitioners. The Committee may consider and discuss issues and subject matters of their own selection which are related to patient care and nursing practice. The Committee may also formulate advisory recommendations and proposals concerning such matters. The Committee shall not discuss economic matters, such as wages, hours and other economic conditions which may be subject to meet and confer. The Committee may schedule one (1) regular meeting each month during working hours which shall be scheduled to conflict as little as possible with clinic schedules or operational needs. The County will release from duty no more than three (3) Family Nurses Practitioners for a period not to exceed two (2) hours, including travel time, for attendance at such a meeting. The Committee shall maintain written minutes and shall provide copies to the designated supervisor(s) of the Family Nurse Practitioners in the Hospital and Clinic and Public Health Divisions and shall maintain copies in various locations for perusal by the Family Nurse Practitioners. 38.6 Quarterly Meetings with Health Services Department Managers. The Chief Nursing Officer, Director of Hospital Nursing Services, Director of Ambulatory Care Nursing and other managers from the Health Services Department designated by the Contra Costa Regional Medical Center (CCRMC) Executive Director shall meet quarterly. 38.7 Agenda Items for Quarterly Meeting with the Health Services Department. A. Agendas will be established and distributed two (2) weeks in advance of the meetings. B. Subject matters appropriate for agenda items shall include objectives listed above as well as the following: Funding/budgets and organizational updates, anticipated operational changes, communication, educational development of staff, input to technology development. C. Items that are not appropriate for agenda items for quarterly meetings are grievances, disciplinary actions or matters subject to collective bargaining. 38.8 Recommendations for Action. A. Joint recommendations of the PPC and staff may be referred from the Quarterly meetings to the Contra Costa Regional Medical Center (CCRMC) Executive Director for consideration. November 6, 2018 BOS Minutes 134 SECTION 38 – PROFESSIONAL PERFORMANCE COMMITTEES CNA - 90 - 2018-2021 B. Two (2) Association committee members and two (2) management representatives shall meet with the Contra Costa Regional Medical Center (CCRMC) Executive Director to discuss said recommendations. 38.9 Public Health Nurse Professional Standards and Practices Committee (PSPC) The Committee may consider and discuss issues and subject matters which are related to patient care and nursing practice. The Committee may also formulate advisory recommendations concerning such matters. The Committee shall not discuss economic matters such as wages, hours, and other economic conditions which may be subject to meet and confer. The Committee members need to have passed probation and have no counseling or disciplinary memos within the prior two (2) years of the anticipated selection to be a Committee member. Committee members shall serve a term of two (2) years and shall not serve more than two (2) consecutive terms. The Committee may schedule one (1) regular meeting each month during working hours. The County will release from duty no more than four (4) Public Health Nurses. One (1) from each unit and with units of 50+ PHNs there will be one (1) additional PHN for such a meeting. Each regular meeting will be scheduled for two (2) hours each month, the first hour shall consist of the regular PSPC agenda, and the last hour shall be designated as time to meet with the Director of Public Health Nursing/Designee to address and resolve outstanding issues. PSPC members shall receive travel time to attend. A. The Committee may meet more often with agreement of the Public Health Nursing Director. B. The Committee can request attendance of the Public Health Nursing Director at any of the monthly meetings. C. Whenever the Committee makes a written recommendation to the respective Director of Public Health Nursing, he/she will respond in writing to the Committee within sixty (60) calendar days unless the Association and the County mutually agree that the time may be extended. D. If a Committee meeting is scheduled on a PHN’s regularly scheduled day off the PHN is not entitled to be paid for attending the meeting. OBJECTIVES: The objectives of the Professional Standards and Practice Committee shall be: Nurse Practice: To work collaboratively for the improvement of patient care and nursing practice and to recommend to the Health Services Department the ways and means to improve patient care. November 6, 2018 BOS Minutes 135 SECTION 39 – NOTICE OF HIRES AND SEPARATIONS CNA - 91 - 2018-2021 Safety and Health: To consider collaboratively the improvement of safety and health conditions that may be hazardous and provide input for correction/elimination of those conditions to the Public Health Nursing Director/or designee. 38.10 Professional Standards and Practices Committee Minutes. The Committee shall maintain written minutes, and shall provide copies to the Pub lic Health Nursing Director. 38.11 Professional Standards and Practices Committee Agenda Items for Quarterly Meetings with the Public Health Nursing Director. The Public Health Nursing Director and other Health Service Department Administrators and manag ers may meet with the PSPC quarterly. A. Agendas will be established and distributed one (1) week in advance of the meetings by the PSPC Committee. B. Subject matters appropriate for agenda items shall include objectives listed above as well as the following: organizational updates, communication, educational development of staff, input to technology development. C. Items that are not appropriate for agenda items for quarterly meetings are grievances, disciplinary actions, or matters subject to collective bargaining. SECTION 39 – NOTICE OF HIRES AND SEPARATIONS The County agrees to provide to California Nurses Association, to the extent the information is provided to the County by the employee: A. New hire information as required by State law, in cluding the first and last name, classification, department, original date of hire, home address, work location, work, home, and personal cell phone number, and personal email address of employees in classifications represented by California Nurses Associa tion. B. Separation information, including but not limited to termination, retirement, and voluntary separation, for employees in classifications represented by California Nurses Association. The County will send this information electronically, in one or more reports, once per month. SECTION 40 – WORKPLACE VIOLENCE PREVENTION AND SAFETY The County and the Association agree that creating a workplace that is free from violence and promotes the safety of nurses and patients is a shared priority. November 6, 2018 BOS Minutes 136 SECTION 41 – PERSONNEL FILES CNA - 92 - 2018-2021 Workplace Violence training shall be made available in person or on -line at no cost to all members of this bargaining unit, and is required at least annually in accordance with the California Occupational Safety and Health Administration Workplace Violence Prevention in Healthcare regulation (8 CCR § 3342). SECTION 41 – PERSONNEL FILES An employee and/or the employee’s Union representative shall have the right to inspect and review the employee's departmental personnel file upon request at reasonable times and for reasonable periods during the regular business hours of 8:00 a.m. to 5:00 p.m. Documentation in the personnel file relating to the investigation of a possible criminal offense, and such information or letters of reference shall be specifically excluded from such inspection and review. The employee’s Union representative, with written authorization by the employee, shall also have the right to inspect and review any official records(s) described above. Counseling memos will be removed from all files after two (2) years. SECTION 42 – REIMBURSEMENT FOR MEAL EXPENSES Employees shall be reimbursed for meal expenses under the following circumstanc es and in the amount specified: A. When the employee is required by the Department Head to attend a meetin g concerning County business or County affairs. B. When the employee is required to be out of the regular or normal work area during a meal hour because of a particular work assignment. C. When the employee is required to stay over to attend consecutive or continuing afternoon and night sessions of a board or commission. D. When the employee is required to incur expenses as host for official guests of the County, work as members of examining boards, official visitors, and speakers or honored guests at banquets or other official functions. E. When the employee is required to work three (3) or more hours of overtime; in this case the employee may be reimbursed in accordance with the Administrative Bulletin on Expense Reimbursement. Meal costs will be reimbursed only when eaten away from home or away from the facility in the case of employees at twenty-four (24) hour institutions. Procedures and definitions relative to reimbursement for meal expenses shall be in accordance with the Administrative Bulletin on Expense Reimbursement. November 6, 2018 BOS Minutes 137 SECTION 43 – COMPENSATION FOR LOSS OR DAMAGE TO PERSONAL PROPERTY CNA - 93 - 2018-2021 SECTION 43 – COMPENSATION FOR LOSS OR DAMAGE TO PERSONAL PROPERTY The loss or damage to personal property of employees is subject to reimbursement under the following conditions: A. The loss or damage must result from an event which is not normally encountered or anticipated on the job and which is not subject to the control of the employee. B. Ordinary wear and tear of personal property used on the job is not compensated. C. Employee tools or equipment provided without the express approval of the Department Head and automobiles are excluded from reimbursement. D. The loss or damage must have occurred in the line of duty. E. The loss or damage was not a result of negligence or lack of proper care by the employee. F. The personal property was necessarily worn or carried by the employee in order to adequately fulfill the duties and requirements of the job. G. The loss or damage to employees' eyeglasses, dentures or other prosthetic devices did not occur simultaneously with a job-connected injury covered by Workers' Compensation. H. The amount of reimbursement shall be limited to the actual cost to repair damages. Reimbursement for items damaged beyond repair shall be limited to the actual value of the item at the time of lo ss or damage but not more than the original cost. I. The burden of proof of loss rests with the employee. J. Claims for reimbursement must be processed in accordance with the Administrative Bulletin on Compensation for Loss or Damage to Personal Property. SECTION 44 – SERVICE AWARDS The County shall continue its present policy with respect to service awards including time off; provided, however, that the type of award given shall be at the sole discretion of the County. The following procedures shall apply with respect to service awards: November 6, 2018 BOS Minutes 138 SECTION 45 – UNFAIR LABOR PRACTICE CNA - 94 - 2018-2021 A. Presentation Before the Board of Supervisors. An employee with twenty (20) or more years of service may go before the Board of Supervisors to receive his/her Service Award. When requested by a department, the Hum an Resources Department will make arrangements for the presentation ceremony before the Board of Supervisors and notify the department as to the time and date of the Board meeting. B. Service Award Day Off. Employees with fifteen (15) or more years of se rvice are entitled to take a day off with pay at each five (5) years anniversary. SECTION 45 – UNFAIR LABOR PRACTICE Either the County or the Association may file an unfair labor practice as defined in Board of Supervisors’ Resolution No. 81/1165 agains t the other. Allegations of an unfair labor practice, if not resolved in discussions between the parties within thirty (30) workdays from the date of receipt, may be heard and decided by a mutually agreed upon impartial third party. SECTION 46 – LENGTH OF SERVICE DEFINITION (for service awards and vacation accruals) The length of service credits of each employee of the County shall date from the beginning of the last period of continuous County employment (including temporary, and permanent status, and absences on approved leave of absence). When an employee separates from a permanent position in good standing and within two (2) years is reemployed in a permanent County position, or is reemployed in a permanent County position from a layoff list within the period of layoff eligibility, service credits shall include all credits accumulated at time of separation, but shall not include the period of separation. The Director of Human Resources shall determine these matters based on the employee status records in his/her department. SECTION 47 – PERMANENT PART-TIME EMPLOYEE BENEFITS Permanent part-time employees receive prorated vacation and sick leave benefits. They are eligible for health, dental and life insurance benefits at the same rate as for full-time employees providing they work at least forty percent (40%) of full time (i.e., 16/40). If the employee works at least fifty percent (50%) of full time, County retirement participation is also included. SECTION 48 – PERMANENT-INTERMITTENT EMPLOYEE BENEFITS A. Permanent-intermittent employees are eligible for prorated vacation and sick leave benefits based upon regular hours worked in the pay period. November 6, 2018 BOS Minutes 139 SECTION 48 – PERMANENT-INTERMITTENT EMPLOYEE BENEFITS CNA - 95 - 2018-2021 B. Permanent-Intermittent employees may be eligible for certain special types of pays and benefits in addition to wages under specifically defined circumstances. A list of those special pays and benefits that are applicable to permanent - intermittent employees is included as Attachment H. If a special pay or benefit that is described in this MOU does not specifically reference permanent- intermittent employees or the special pay or benefit is not included in Attachment H, then the special pay or benefit does not apply to permanent -intermittent employees. C. Health Benefit Coverage for Permanent Intermittent Emplo yees. To access County health coverage, permanent intermittent employees represented by the Association must be eligible to receive an offer of coverage from the County under the federal Patient Protection and Affordable Care Act (“ACA”) (42 U.S.C. § 18081). Employees eligible to receive an offer of coverage (and qualified dependents), will be offered access to the County’s lowest cost, single individual health insurance plan that is available to the majority of County employees. Employees will be responsible for the full premium cost of coverage. This provision is not subject to the grievance process. SECTION 49 – STAFF NURSE UNIT/PER DIEM EMPLOYEES Per Diem employees may be eligible for certain special types of pays, benefits, and other items in addition to wages under specifically defined circumstances. A list of those special pays, benefits, and other items that are applicable to per diem employees is included as Attachment I. If a special pay, benefit, or other item that is described in this MOU does not specifically reference per diem employees or the special pay, benefit, or other items is not included in Attachment I, then the special pay, benefit, or other item does not apply to per diem employees. A. Health Benefit Coverage for Per Diem Employees. To access County health coverage, per diem employees represented by the Association must be eligible to receive an offer of coverage from the County under the federal Patient Protection and Affordable Care Act (“ACA”) (42 U.S.C. § 18081). Employees eligible to receive an offer of coverage (and qualified dependents), will be offered access to the County’s lowest cost, single individual health insurance plan that is available to the majority of County employees. Employees will be responsible for the full premium cost of coverage. This provision is not subject to the grievance process. B. Family and Medical Leaves. Eligibility of employees in per diem classifications for family or medical leaves under state or federal laws, such as the Family Medical Leave Act, California Family Rights Act, and Pregnancy Disability Leave Act, will be determined and administered in accordance with applicable state and/or federal laws November 6, 2018 BOS Minutes 140 SECTION 49 – STAFF NURSE UNIT/PER DIEM EMPLOYEES CNA - 96 - 2018-2021 C. Meal Period/Rest Break. Employees shall be entitled to a rest break of up to 15 minutes for each four (4) hours of work. Nurses shall coordinate rest breaks with the Nursing Program Manager, or designee, in accordance with patient care needs. During each shift of eight (8) hours or more, employees shall be scheduled for an unpaid meal period of at least thirty (30) minutes. Employees who work in Juvenile Hall, Detention, or the CCHP Advice Nurse Unit may be assigned a shift of eight (8) hours straight with a paid on -site meal period when the employee is not permitted to leave the facility. Employees who work a ten (10) hour shift between the hours of 9:30 pm to 9:00 am at the Contra Costa Regional Medical Center (CCRMC) may be assigned a paid on -site meal period when the employee is not permitted leave the facility. D. No Discrimination. There shall be no discrimination as prohibited by law because of age, sex, race, creed, color, national origin, religion, disability, sexual orientation or Association activities against anyone employed by the County. This provision is not subject to the Grievance Procedure. E. Sick Leave. Per diem employee sick leave benefits are set forth in Administrative Bulletin 411, Sick Leave Policy (Employees Not Subject to Labor Code § 245 et. Seq.) F. State Disability Insurance (SDI) General Provisions. Effective as soon as possible, but no later than January 1, 2014, Contra Costa County will enroll employees in the Per Diem Unit in the State Disability Insurance (SDI) program subject to the rules and procedures established by the State of California. Determination of SDI payments and eligibility to receive payments is at the sole discretion of the State of California. SDI benefit payments will be sent directly to the employee by the State of California. G. Termination of Employment. Per diem employees serve at the pleasure of the Appointing Authority and may be terminated by the Appointing Authority or designee at any time. Termination of employment is not subject to the grievance procedure and is not subject to appeal. However, a Per Diem employee who is terminated may request a meeting with the Appointing Authority or designee and may be accompanied by a Union Representative. H. Unit Information. The County agrees to provide a list of represented employees no more than once each calendar year, upon written request by the union. I. Workers’ Compensation Coverage for Per Diem Employees . Any Worker’s Compensation coverage applicable to per diem nurses is determined by law. This section is not subject to the grievance procedure. November 6, 2018 BOS Minutes 141 SECTION 50 – PROVISIONAL EMPLOYEE BENEFITS CNA - 97 - 2018-2021 SECTION 50 – PROVISIONAL EMPLOYEE BENEFITS Provisional Employees, who are not permanent employees of the County immediately prior to their provisional appointment, are eligible for vacation and sick leave benefits. A provisional employee may participate in the County Group Health Plans of medi cal, dental and life insurance coverage wholly at the employee’s expense. The County will not contribute to the employee’s monthly premium. The employee will be responsible for paying the premium appropriately and punctually. Failure to meet the premium de adline will mean automatic and immediate withdrawal from the County Group Health Plan and reinstatement may only be effectuated during the annual open enrollment period. SECTION 51 – LUNCH PERIOD / REST BREAK Hospital nurses scheduled to work a full eight (8) hour shift within a spread of eight and one-half (8-1/2) hours shall receive not less than one-half (1/2) hour for lunch. If such nurse is required to work during all or any portion of the lunch period, such time worked shall be paid at the rate of time and one-half (1-1/2), provided the nurse actually works a full shift. Nurses with one-half (1/2) hour lunch at the hospital shall receive priority service over non-employees in the hospital cafeteria. Advice Nurses assigned to work the night shift Monday through Friday (10 p.m. – 6:00 a.m.) or Saturday and Sunday (10 p.m. – 6:30 a.m.) will be provided a one-half (1/2) hour paid lunch to remain on-site for the duration of the shift. There is no change in shift hours for nurses employed at Juvenile Ha ll or the Detention Facility and those shifts designated in the Advice Nurse Unit; those remaining on a straight eight (8) hour shift are always in a pay status and on duty during lunch and shall remain on-sit for the entire duration of the shift. Nurses are entitled to a ten (10) minute rest break during each four (4) hour working period, and said rest break may be taken at any time during the four (4) hour period . Nurses scheduled to work twelve (12) hour shifts are entitled to a fifteen (15) minute rest break during each six (6) hour working period, and said rest break may be taken at any time during the six (6) hour period. In no event shall there be more than two (2) rest breaks during one shift. Nurses shall coordinate rest breaks with the Nursing Pr ogram Manager, or designee, in accordance with patient care needs. November 6, 2018 BOS Minutes 142 SECTION 52 – FAMILY NURSE PRACTITIONERS (FNP)/PUBLIC HEALTH NURSES (PHN) CNA - 98 - 2018-2021 SECTION 52 – FAMILY NURSE PRACTITIONERS (FNP)/PUBLIC HEALTH NURSES (PHN) 52.1 FNP Administrative Time. A. All Family Nurse Practitioners (FNPs) in the Hospital and Clinics Division will be granted administrative time as part of the regular schedule. Administrative time will be prorated for part-time FNPs as follows: Total Position Hours/Week Average Admin Hours/Week 32-40 4 24-31 3 20-23 2 <20 0 In the Public Health Division, FNP’s will be granted administrative time on a pro rata basis and will be expected to continue to cover for FNP absences as needed. B. The regular schedule for each FNP may include one (1), four (4) hour evening clinic per week and one (1) weekend assignm ent every eight (8) weeks, consisting of four (4) to eight (8) hours. FNPs with twenty (20) years of service shall not be required to work weekend shifts, but may volunteer to do so. However, in the event there are insufficient FNP staff to cover weekend assignments, the provisions outlined above regarding one (1) weekend assignments in eight (8) weeks may be temporarily waived. In lieu of overtime and shift differential, any hours worked in Hospital and Clinic Division assignments in excess of eight (8) hours per day or forty (40) hours per week will be paid at the straight-time overtime rate (1.0). All evening and weekend assignments in the Hospital and Clinics Division will be paid an additional ten dollars ($10.00) per hour. FNPs assigned to work on a holiday will not be paid the ten dollars ($10.00) per hour evening/weekend differential, but instead receive time and one -half (1-1/2) holiday pay. 52.2 FNP Meetings. An FNP who attends a Medical Staff meeting before 8:00 a.m. or after 5:00 p.m. on a day for which he/she is otherwise scheduled to work, will be compensated at the appropriate rate of pay. The division head for mid -level practitioners will be compensated for attending noon meetings of the Medical Executive Committee. FNP’s will be compensated for attendance at other noon meetings only if attendance is mandated by the appointing authority or designee. November 6, 2018 BOS Minutes 143 CNA - 99 - 2018-2021 52.3 FNP Staff Development Time. Family Nurse Practitioners in the Hospital, Health Centers Division and Detention Centers, who are regularly scheduled to work sixteen (16) hours per week or more of Family Practice Clinics and/or Detention Clinics shall be eligible for staff development time. The nature of the staff development time shall be decided by the appropriate Department Head and could include such responsibilities as specialty clinic assignments, or activities which contribute to patients’ health, system efficiency or quality care. Employees will be notified in writing of the decisions regarding their proposals. Employees may apply to use such time by submitting their proposal describing the goals and process of their work to the appointing authority of designee for approval. Approval of the use of staff development time shall be a specific period of time and may be discontinued at any time with a written explanation, at the discretion of the appointing authority or designee. Employees involved in such work shall be required to submit periodic reports as determined by the appointing authority or designee. Employees will accumulate four (4) hours per month of staff development time. Such time can be used in blocks of four (4) hours per week not to exceed forty-eight (48) hours per calendar year. Unused hours do not carry over into the next year. Those employees who are scheduled to work less than full time may be assigned to these four (4) hours per month over and above their regularly scheduled hours. 52.4 FNP Paid Personal Leave. Effective July 1, 2006, in lieu of overtime and shift differential, permanent full-time Family Nurse Practitioners with three (3) years of service in classes covered by this MOU will be credited with five (5) days of paid personal leave. Said leave will be prorated for permanent part -time employees but will not be credited for permanent-intermittent (on-call) employees. This leave must be used during the calendar year in which credited and may not be carried forward. This paid personal leave is separate from paid vacation and will be accounted for accordingly. Upon separation from County service, there shall be no pay off for unused personal leave credits. 52.5 Public Health Nurses. A. The Public Health Nurse Professional Standards and Practices Committee (PSPC) shall continue for the duration of this MOU. The PSPC will be comprised of seven members. B. Public Health Nurses may take either a half-hour (1/2) or one-hour (1) lunch break, provided the operational needs of the department are met. C. If reassignments of less than eight (8) weeks duration are needed to cover for vacation relief, sick leave, temporary shifts in workload, training assignments or other short term needs, management shall solicit volunteers. If there are insufficient volunteers, assignments will be based on inverse seniority within the affected program. SECTION 52 – FAMILY NURSE PRACTITIONERS (FNP)/PUBLIC HEALTH NURSES (PHN) November 6, 2018 BOS Minutes 144 SECTION 53 – HEALTH EXAMINATION CNA - 100 - 2018-2021 D. Vacations. a.Vacations shall be scheduled on an annual cycle, April 1st through March 31st. Employees must submit their written vacation requests by February 1st of each year. Administration in each program or office will post a schedule of vacations by March 1st of each year. b.At least one PHN from each office or program will receive scheduled absences, including continuing education and vacation, at any given time. With supervisor's approval, additional time off requests may be granted, based on staffing and caseload. The employee with the greater length of service in the Public Health Nurse classification will receive the requested vacation time. Less senior employees will be given the opportunity to request a different time before the annual schedule is posted and will be approved on a first come basis. In the event of a tie on the date of submission, seniority in the classification or series will serve as the tie breaker Absences for sick leave, disability and regular days off will not be counted as scheduled absences. c.An approved vacation will not be unilaterally canceled. d.An employee voluntarily changing work position or assignment between programs or regional offices after March 1st must resubmit a vacation request for consideration on a first come basis. e.Vacations which include major holidays, Christmas and New Year's Day shall be rotated amongst staff rather than determined by seniority. SECTION 53 – HEALTH EXAMINATION Employees of the County who work in a Health Services Department facility will annually be required to complete a Health Questionnaire and take a Tuberculosis Skin Test. In the event that an employee had a positive reaction to a tuberculosis skin test, said employee will be requested to show proof of having had two (2) negative chest x- rays at least one (1) year apart. Employees will also be requested to be screened for Rubella immunity. If the result of the Rubella test is negative, the appointing authority or designee will recommend that the employee become immunized. If the employee has dire ct patient contact and refuses to become immunized, an attempt will be made to relocate the employee to a non-patient care area if possible. November 6, 2018 BOS Minutes 145 SECTION 54 – FLOATING CNA - 101 - 2018-2021 SECTION 54 – FLOATING Floating of RNs shall be subject to patient care considerations and staffing needs, and shall be in compliance with the current in-patient floating policy (Attachment Q). Nursing administration reserves the right to amend the policy to meet operational needs. Additionally, nursing administration agrees to seek input on changes in said policy from the Professional Performance Committee (PPC). Any alleged violations to the float policy will be taken to the chair of the PPC; the committee chair will request a meeting with the Chief Nursing Officer to review and resolve the above. If there is no resolution at this step, the PPC chair may request initiation of the Nursing Review Panel as per Section 59 of the Memorandum of Understanding. SECTION 55 – LEAVE DENIALS Any properly submitted request for educational leave, vacation leave, or other leave of absence covered by this MOU shall normally not be denied without written explanation. SECTION 56 – CODE GREY A ten percent (10%) base salary differential shall be paid for those shifts on which employees in classifications represented by CNA are specifically assigned by the administration to respond to emergency Code Grey calls. Assignment to the Code Grey team is conditional on an employee having successfully completed required non-violence training and maintaining required certification. Assignment to the Code Grey team will first be based on volunteers. If there is not an adequate number of volunteers, assignment to the team will be made by management, with no more than one (1) RN per hospital unit being assigned at any given time. It is further understood that the above-referenced salary differential is based on an employee actually being assigned to Code Grey call. SECTION 57 – ADOPTION The provisions of this MOU shall be made applicable on the dates indicated and upon approval by the Board of Supervisors. Resolutions and Ordinances, where necessary, shall be prepared and adopted in order to implement these provisions. It is understood that where it is determined that an Ordinance is required to implement any of the foregoing provisions, said provisions shall become effective upon the first day of the month following thirty (30) days after such Ordinance is adopted. November 6, 2018 BOS Minutes 146 SECTION 58 – SCOPE OF AGREEMENT AND SEPARABILITY OF PROVISION CNA - 102 - 2018-2021 SECTION 58 – SCOPE OF AGREEMENT AND SEPARABILITY OF PROVISION 58.1 Scope of Agreement. Except as otherwise specifically provided herein, this MOU fully and completely incorporates the understanding of the parties hereto and constitutes the sole and entire agreement between the parties in any and all matters subject to meet and confer. Neither party shall during the term of this MOU, demand any change to the terms of this MOU, provided that nothing herein shall prohibit the parties from changing the terms of this MOU by mutual agreement. Any past side letters or any other agreements, excluding settlement agreements, that are not incorporated into or attached to this MOU are deemed expired upon approval of this MOU by the Board of Supervisors. 58.2 Separability of Provisions. Should any section, clause or provision of this MOU be declared illegal, unlawful or unenforceable, by final judgment of a court of competent jurisdiction, such invalidation of such section, clause or provision shall not invalidate the remaining portions hereof, and such remaining portions shall remain in full force and effect for the duration of this MOU. 58.3 Personnel Management Regulations. Where a specific provision contained in a section of this MOU conflicts with a specific provision contained in a section of the Personnel Management Regulations (PMR’s), the provision of this MOU shall prevail. Those provisions of the Personnel Management Regulations within the scope of representation which are not in conflict with the provisions of this MOU and those provisions of the Personnel Management Regulations which are not within the scope of representation and as such remain in full force and effect. SECTION 59 – SAFE STAFFING Contra Costa Regional Medical Center acknowledges and complies with state legislation Safe Staffing (AB394). Contra Costa Regional Medical Center and California Nurses Association agree to work cooperatively to ensure the highest quality of patient care and optimal outcomes. Staff will be actively involved through the Professional Practice Committee, in development of core staffing processes as well as skill mix for patient care areas. In addition, any concerns regarding staffing issues will be addressed through the New Technology and Staffing Ratio Dispute Resolution process. SECTION 60 – PATIENT CARE TECHNOLOGY REVIEW PROCEDURES The Employer and the Union recognize that development and deployment of clinical technologies should be used to improve quality outcomes, patient safety, and that when used in the patient care setting: A. Technology must be consistent with the provision of safe, therapeutic and effective patient care, which promotes patient safety. November 6, 2018 BOS Minutes 147 SECTION 61 – CONSCIOUS SEDATION CNA - 103 - 2018-2021 B. Deployment of technology shall not limit the Registered Nurses in the performance of functions that are part of the Nursing Process, including full exercise of clinical judgment in assessment, evaluation, plann ing and implementation of care, nor from acting as patient advocate. C. Technology is intended to enhance, not degrade, nursing skills. D. The manner in which technology is used shall support patient confidentiality. E. Technology is intended to provide information and options for clinical decision - making. Clinicians will maintain accountability for actual clinical decision -making, including incorporating individualized patient needs, complications, comorbidities, as appropriate. F. For technology selected after the date of this agreement, the Hospital will provide opportunities for Staff Nurses to provide input regarding new technology affecting the delivery of direct patient care. This provision shall be subject to Section 62 - NEW TECHNOLOGY AND STAFFING RATIO DISPUTE RESOLUTION. SECTION 61 – CONSCIOUS SEDATION As Conscious Sedation is a highly skilled, highly technical procedure, CCRMC is committed to providing a safe environment for patients by requiring all nursing personnel who perform this function to complete education and demonstrate competency. Nurses on temporary assignment at CCRMC will be required to demonstrate a level of competency equivalent to CCRMC employees before being assigned to perform conscious sedation. SECTION 62 – NEW TECHNOLOGY AND STAFFING RATIO DISPUTE RESOLUTION The County and CNA agree that the process contained herein shall be the exclusive means of resolving all disputes pertaining to new technology that impacts wages, hours, and terms and conditions of employment, and chronic staffing ratio patterns appealed by the Professional Practice Committee (PPC). The basic principles of staffing in the acute care setting should be based on the patients’ care needs, the severity of condition, services needed, and the complexity surrounding those services. Disputes regarding the aforementioned will be handled as follows: A. Nursing Review Panel (NRP). A Nursing Review Panel (NRP) shall be convened within thirty (30) calendar days following written notification from the Professional Practice Committee (PPC) that disputes regarding chronic staffing ratio or principles of staffing as outlined above, or new technology that impacts wages, November 6, 2018 BOS Minutes 148 SECTION 62 – NEW TECHNOLOGY AND STAFFING RATIO DISPUTE RESOLUTION CNA - 104 - 2018-2021 hours, and terms and conditions of employment, has not been resolved through the Professional Practice Committee. 1.The NRP shall be comprised of a chair appointed or assumed by the Chief Nursing Officer (CNO), two (2) RNs selected by the County, and two (2) RNs selected by the PPC with at least one taken from the affected work area. 2.Bargaining unit members on the NRP shall receive paid straight time for all time spent on the panel. 3.The Panel shall make staffing adjustment recommendations to the CNO, based on compliance with state ratios. The CNO shall, within thirty (30) days of receiving the Panel’s recommendations, provide his/her response to the PPC. 4.In the event the CNO’s action does not resolve the matter, the PPC may appeal the decision in writing to the CNO. Within thirty (30) calendar days of receiving the appeal, the CNO shall convene a Special Review Panel in accordance with the provisions of Section B., below. B. Special Review Panel (SRP) 1.The SRP shall consist of three (3) members, one (1) RN selected by CNA, one (1) RN selected by the CNO or his/her designee, and a third (3rd) person selected by the other two (2) panel members to serve as a neutral chairperson. The parties will make a good faith effort to select a chairperson who is experienced in the healthcare industry and with expertise in staffing in acute care hospitals. If they are unable to find such a person, they shall select an arbitrator by mutual agreement to serve as chairperson. Nothing shall preclude the CNA and County panel members from bringing another individual to assist. 2.If the SRP is unable to achieve a resolution, the neutral third party may resolve the difference and such decision shall be final and binding on the parties. 3.Any resolution of the SRP, including any decision by the neutral third party, must take into consideration work area staffing ratio standards, and any other relevant information presented by the parties, and must be consistent with state and federal legislation prescribing levels and ratios. The SRP, including the neutral third party, shall have no jurisdiction to fashion any remedy that imposes an obligation on any hospital that exceeds, or is inconsistent with state or federal regulatory requirements or legislation. November 6, 2018 BOS Minutes 149 SECTION 63 - AMBULATORY CARE NURSES CNA - 105 - 2018-2021 SECTION 63 - AMBULATORY CARE NURSES Effective July 1, 2008, Experienced Level Registered Nurses in the Ambulatory Care specialty are eligible for Advance Level pay code (VWXE). Minimum criteria as defined by the Board of Registered Nursing. The following Ambulatory Care Clinics are eligible for Advance Level Pay: 1)Dysplasia Clinic (DYSP) 2)Anti-Coagulation Clinic 3)INH Clinic 4)Resource Nurse (RES) 5)Amniotic Fluid Index (AFI) 6)Non-Stress Testing (NST) 7)Hematology/Oncology Clinic (HEM/ONC) 8)Referral Coordination Unit The parties agree to meet and confer before the expiration of this MOU to establish, if necessary, new criteria for Advance Level Pay for Ambulatory Care. SECTION 64 – DURATION OF AGREEMENT This Agreement shall continue in full force and effect from October 1, 2018, to and including September 30, 2021. Said Agreement shall automati cally renew, except for sunset provisions contained within this MOU, from year to year thereafter unless either party gives written notice to the other prior to sixty (60) days from the aforesaid termination date of its intention to amend, modify, or terminate the Agreement. SECTION 65 – AUTOMATED TIMEKEEPING REOPENER Upon request of County and during the term of this Agreement, the Association will meet and confer with County regarding implementation of an Automated Timekeeping System for all County employees. Implementa tion of an Automated Timekeeping System may require changes and/or additions to this Agreement regarding the following subjects: 1.On Call/Call Back pay 2.Shift differentials 3.CNA double shifts for employees working more than 8 hours 4.Overtime 5.Days and hours of work 6.Holiday pay 7.Rounding 8.Reporting of time November 6, 2018 BOS Minutes 150 SECTION 65 - AUTOMATED TIMEKEEPING REOPENER CNA - 106 - 2018-2021 This list is indicative, not inclusive, of the subjects that may need changes and/or additions for the Automated Timekeeping System. The parties understand and agree that the County will mitigate any pecuniary loss to Association members that may result from negotiated changes/additions to this Agreement in order to implement the Automated Timekeeping System. Date: Contra Costa County: California Nurses Association (CNA): (Signature / Printed Name) (Signature / Printed Name) / / / / / / / / / / / / / / / / / / November 6, 2018 BOS Minutes 151 CALIFORNIA NURSES ASSOCIATION ATTACHMENTS A – 1 Class and Salary Listing Monthly – Effective 10/1/2018 A – 2 Class and Salary Listing Hourly – Effective 10/1/2018 B – 1 Class and Salary Listing Monthly – Effective 12/1/2018 B – 2 Class and Salary Listing Hourly – Effective 12/1/2018 C – 1 Class and Salary Listing Monthly – Effective 5/1/2019 C – 2 Class and Salary Listing Hourly – Effective 5/1/2019 D – 1 Class and Salary Listing Monthly – Effective 1/1/2020 D – 2 Class and Salary Listing Hourly – Effective 1/1/2020 E – 1 Class and Salary Listing Monthly – Effective 1/1/2021 E – 2 Class and Salary Listing Hourly – Effective 1/1/2021 F. Page Intentionally Left Blank G. Medical/ Dental Plan Co-Pays 2018 Plan Year H. Permanent Intermittent Employee Benefits I. Staff Nurse Unit/Per Diem Employee Special Pays, Benefits and Other Items J. Acuity Based Staffing (Revised 10/1/06) K. Permanent-Intermittent and Part-Time RN’s and FNP’s L. Public Health Nurse Expanded Roles M. Agreements Reached During 1995/96 Negotiations N. Mandatory Overtime Policy for Contra Costa Regional Medical Center In-Patient RN’s O. Letter of Understanding – Mandatory Overtime for Contra Costa Detention Facilities P. Establishment of Weekend Only Schedules Q. Contra Costa County Regional Medical Center Floating Policy (Revised 5/11/12) R. Operating Room (OR) and Post Anesthesia Care Unit (PACU) On -Call Agreement November 6, 2018 BOS Minutes 152 S. Automated Time Keeping – Payroll Increments of Reporting Time T. Automated Time Keeping – Payroll Codes and Practices U. Operational Issues V. Per Diem Nurses Call-Off Notice November 6, 2018 BOS Minutes 153 ATTACHMENT A‐1Job Code ClassificationFlex Staff (F) / Deep Class (D)Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 Step 10VWSN Advice Nurse F  8,659.35 8,875.83 9,097.73 9,325.17 9,558.30 9,797.26 10,042.19 10,293.24 10,550.58 10,814.34VWTF Charge Nurse 9,926.89 10,175.07 10,428.44 10,690.18 10,957.43 11,231.37 11,512.15 11,799.96 12,094.96 12,397.33VWTA Clinical Nurse Specialist 9,829.09 10,074.82 10,326.69 10,584.86 10,849.48 11,120.71 11,398.73 11,683.70 11,975.79 12,275.19VWSB Family Nurse Practitioner F 9,829.09 10,074.82 10,326.69 10,584.86 10,849.48 11,120.71 11,398.73 11,683.70 11,975.79 12,275.19VWSM Health Svcs Educ And Trng Spec 9,829.09 10,074.82 10,326.69 10,584.86 10,849.48 11,120.71 11,398.73 11,683.70 11,975.79 12,275.19VW7A Nurse Practitioner Trainee F 9,181.59VWXG Registered Nurse F, D 8,554.53 8,768.40 8,987.61 9,212.30 9,442.60 9,678.67 9,920.63 10,168.65 10,422.87 10,683.44VWX5 Registered Nurse ‐ Project F, D 8,554.53 8,768.40 8,987.61 9,212.30 9,442.60 9,678.67 9,920.63 10,168.65 10,422.87 10,683.44VWXC Registered Nurse‐Beg Level F, D 7,745.42VWX2 Registered Nurse‐Prj Beg Level F, D 7,745.42Job Code ClassificationFlex Staff (F) / Deep Class (D)Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 Step 10VWXF Staff Advice Nurse‐Per Diem 10,391.59 10,651.38 10,917.66 11,190.60 11,470.37 11,757.13 12,051.05 12,352.33 12,661.14 12,977.67VWWA Staff Nurse‐Per Diem 10,264.70 10,521.32 10,785.35 11,053.96 11,330.31 11,613.57 11,903.91 12,201.51 12,506.54 12,819.21Job Code ClassificationFlex Staff (F) / Deep Class (D)Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 Step 10VVXA Public Hlth Nurse D 8,982.40 9,206.96 9,437.13 9,673.06 9,914.89 10,162.76 10,416.83 10,677.25 10,944.18 11,217.78VVX1 Public Hlth Nurse‐Project 8,982.40 9,206.96 9,437.13 9,673.06 9,914.89 10,162.76 10,416.83 10,677.25 10,944.18 11,217.78Public Health Nurse Unit (LT)Salary Range by Step (Rounded)California Nurses AssociationClass and Salary ListingAs of October 1, 2018Registered Nurses Unit (L3)Salary Range by Step (Rounded)Staff Nurses Unit (L8)Salary Range by Step (Rounded)November 6, 2018BOS Minutes154 ATTACHMENT A‐2Job Code ClassificationFlex Staff (F) / Deep Class (D)Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 Step 10VWSN Advice Nurse F  49.96 51.21 52.49 53.80 55.14 56.52 57.94 59.38 60.87 62.39VWTF Charge Nurse 57.27 58.70 60.16 61.67 63.22 64.80 66.42 68.08 69.78 71.52VWTA Clinical Nurse Specialist 56.71 58.12 59.58 61.07 62.59 64.16 65.76 67.41 69.09 70.82VWSB Family Nurse Practitioner F 56.71 58.12 59.58 61.07 62.59 64.16 65.76 67.41 69.09 70.82VWSM Health Svcs Educ And Trng Spec 56.71 58.12 59.58 61.07 62.59 64.16 65.76 67.41 69.09 70.82VW7A Nurse Practitioner Trainee F 52.97VWXG Registered Nurse F, D 49.35 50.59 51.85 53.15 54.48 55.84 57.23 58.67 60.13 61.64VWX5 Registered Nurse ‐ Project F, D 49.35 50.59 51.85 53.15 54.48 55.84 57.23 58.67 60.13 61.64VWXC Registered Nurse‐Beg Level F, D 44.69VWX2 Registered Nurse‐Prj Beg Level F, D 44.69Job Code ClassificationFlex Staff (F) / Deep Class (D)Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 Step 10VWXF Staff Advice Nurse‐Per Diem 59.95 61.45 62.99 64.56 66.18 67.83 69.53 71.26 73.05 74.87VWWA Staff Nurse‐Per Diem 59.22 60.70 62.22 63.77 65.37 67.00 68.68 70.39 72.15 73.96Job Code ClassificationFlex Staff (F) / Deep Class (D)Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 Step 10VVXA Public Hlth Nurse D 51.82 53.12 54.44 55.81 57.20 58.63 60.10 61.60 63.14 64.72VVX1 Public Hlth Nurse‐Project 51.82 53.12 54.44 55.81 57.20 58.63 60.10 61.60 63.14 64.72Public Health Nurse Unit (LT) Hourly Range for Illustrative Purposes Based Upon Average MonthCalifornia Nurses AssociationClass and Salary ListingAs of October 1, 2018Registered Nurses Unit (L3) Hourly Range for Illustrative Purposes Based Upon Average MonthStaff Nurses Unit (L8)Hourly Range by Step (Rounded)November 6, 2018BOS Minutes155 ATTACHMENT B‐1Job Code ClassificationFlex Staff (F) / Deep Class (D)Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 Step 10VWSN Advice Nurse F  9,092.32 9,319.62 9,552.62 9,791.43 10,036.22 10,287.12 10,544.30 10,807.91 11,078.10 11,355.06VWTF Charge Nurse 10,423.24 10,683.82 10,950.92 11,224.69 11,505.31 11,792.94 12,087.76 12,389.96 12,699.71 13,017.20VWTA Clinical Nurse Specialist 10,320.54 10,578.56 10,843.02 11,114.10 11,391.95 11,676.75 11,968.67 12,267.88 12,574.58 12,888.95VWSB Family Nurse Practitioner F 10,320.54 10,578.56 10,843.02 11,114.10 11,391.95 11,676.75 11,968.67 12,267.88 12,574.58 12,888.95VWSM Health Svcs Educ And Trng Spec 10,320.54 10,578.56 10,843.02 11,114.10 11,391.95 11,676.75 11,968.67 12,267.88 12,574.58 12,888.95VW7A Nurse Practitioner Trainee F 9,640.67VWXG Registered Nurse F, D 8,982.26 9,206.82 9,436.99 9,672.91 9,914.73 10,162.60 10,416.67 10,677.08 10,944.01 11,217.61VWX5 Registered Nurse ‐ Project F, D 8,982.26 9,206.82 9,436.99 9,672.91 9,914.73 10,162.60 10,416.67 10,677.08 10,944.01 11,217.61VWXC Registered Nurse‐Beg Level F, D 8,132.69VWX2 Registered Nurse‐Prj Beg Level F, D 8,132.69Job Code ClassificationFlex Staff (F) / Deep Class (D)Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 Step 10VWXF Staff Advice Nurse‐Per Diem 10,911.17 11,183.95 11,463.54 11,750.13 12,043.89 12,344.98 12,653.61 12,969.95 13,294.20 13,626.55VWWA Staff Nurse‐Per Diem 10,777.94 11,047.39 11,323.57 11,606.66 11,896.83 12,194.25 12,499.10 12,811.58 13,131.87 13,460.17Job Code ClassificationFlex Staff (F) / Deep Class (D)Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 Step 10VVXA Public Hlth Nurse D 9,431.52 9,667.30 9,908.99 10,156.71 10,410.63 10,670.90 10,937.67 11,211.11 11,491.39 11,778.67VVX1 Public Hlth Nurse‐Project 9,431.52 9,667.30 9,908.99 10,156.71 10,410.63 10,670.90 10,937.67 11,211.11 11,491.39 11,778.67Salary Range by Step (Rounded)Staff Nurses Unit (L8)Registered Nurses Unit (L3)Public Health Nurse Unit (LT)California Nurses AssociationClass and Salary ListingEffective December 1, 2018Salary Range by Step (Rounded)Salary Range by Step (Rounded)November 6, 2018BOS Minutes156 ATTACHMENT B‐2Job Code ClassificationFlex Staff (F) / Deep Class (D)Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 Step 10VWSN Advice Nurse F  52.46 53.77 55.11 56.49 57.90 59.35 60.83 62.35 63.91 65.51VWTF Charge Nurse 60.13 61.64 63.18 64.76 66.38 68.04 69.74 71.48 73.27 75.10VWTA Clinical Nurse Specialist 59.54 61.03 62.56 64.12 65.72 67.37 69.05 70.78 72.55 74.36VWSB Family Nurse Practitioner F 59.54 61.03 62.56 64.12 65.72 67.37 69.05 70.78 72.55 74.36VWSM Health Svcs Educ And Trng Spec 59.54 61.03 62.56 64.12 65.72 67.37 69.05 70.78 72.55 74.36VW7A Nurse Practitioner Trainee F 55.62VWXG Registered Nurse F, D 51.82 53.12 54.44 55.81 57.20 58.63 60.10 61.60 63.14 64.72VWX5 Registered Nurse ‐ Project F, D 51.82 53.12 54.44 55.81 57.20 58.63 60.10 61.60 63.14 64.72VWXC Registered Nurse‐Beg Level F, D 46.92VWX2 Registered Nurse‐Prj Beg Level F, D 46.92Job Code ClassificationFlex Staff (F) / Deep Class (D)Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 Step 10VWXF Staff Advice Nurse‐Per Diem 62.95 64.52 66.14 67.79 69.48 71.22 73.00 74.83 76.70 78.61VWWA Staff Nurse‐Per Diem 62.18 63.73 65.33 66.96 68.64 70.35 72.11 73.91 75.76 77.65Job Code ClassificationFlex Staff (F) / Deep Class (D)Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 Step 10VVXA Public Hlth Nurse D 54.41 55.77 57.17 58.60 60.06 61.56 63.10 64.68 66.30 67.95VVX1 Public Hlth Nurse‐Project 54.41 55.77 57.17 58.60 60.06 61.56 63.10 64.68 66.30 67.95Staff Nurses Unit (L8)Hourly Range by Step (Rounded)Public Health Nurse Unit (LT) Hourly Range for Illustrative Purposes Based Upon Average MonthCalifornia Nurses AssociationClass and Salary ListingEffective December 1, 2018Registered Nurses Unit (L3) Hourly Range for Illustrative Purposes Based Upon Average MonthNovember 6, 2018BOS Minutes157 ATTACHMENT C‐1Job Code ClassificationFlex Staff (F) / Deep Class (D)Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 Step 10VWSN Advice Nurse F  9,546.93 9,785.61 10,030.25 10,281.00 10,538.03 10,801.48 11,071.51 11,348.30 11,632.01 11,922.81VWTF Charge Nurse 10,944.40 11,218.01 11,498.46 11,785.92 12,080.57 12,382.59 12,692.15 13,009.45 13,334.69 13,668.06VWTA Clinical Nurse Specialist 10,836.57 11,107.49 11,385.17 11,669.80 11,961.55 12,260.59 12,567.10 12,881.28 13,203.31 13,533.39VWSB Family Nurse Practitioner F 10,836.57 11,107.49 11,385.17 11,669.80 11,961.55 12,260.59 12,567.10 12,881.28 13,203.31 13,533.39VWSM Health Svcs Educ And Trng Spec 10,836.57 11,107.49 11,385.17 11,669.80 11,961.55 12,260.59 12,567.10 12,881.28 13,203.31 13,533.39VW7A Nurse Practitioner Trainee F 10,122.70VWXG Registered Nurse F, D 9,431.37 9,667.16 9,908.83 10,156.56 10,410.47 10,670.73 10,937.50 11,210.94 11,491.21 11,778.49VWX5 Registered Nurse ‐ Project F, D 9,431.37 9,667.16 9,908.83 10,156.56 10,410.47 10,670.73 10,937.50 11,210.94 11,491.21 11,778.49VWXC Registered Nurse‐Beg Level F, D 8,539.32VWX2 Registered Nurse‐Prj Beg Level F, D 8,539.32Job Code ClassificationFlex Staff (F) / Deep Class (D)Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 Step 10VWXF Staff Advice Nurse‐Per Diem 11,456.72 11,743.14 12,036.72 12,337.64 12,646.08 12,962.23 13,286.29 13,618.44 13,958.91 14,307.88VWWA Staff Nurse‐Per Diem 11,316.84 11,599.76 11,889.75 12,186.99 12,491.67 12,803.96 13,124.06 13,452.16 13,788.46 14,133.18Job Code ClassificationFlex Staff (F) / Deep Class (D)Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 Step 10VVXA Public Hlth Nurse D 9,903.09 10,150.67 10,404.44 10,664.55 10,931.16 11,204.44 11,484.55 11,771.66 12,065.96 12,367.61VVX1 Public Hlth Nurse‐Project 9,903.09 10,150.67 10,404.44 10,664.55 10,931.16 11,204.44 11,484.55 11,771.66 12,065.96 12,367.61California Nurses AssociationClass and Salary ListingEffective May 1, 2019Public Health Nurse Unit (LT)Salary Range by Step (Rounded)Registered Nurses Unit (L3)Salary Range by Step (Rounded)Staff Nurses Unit (L8)Salary Range by Step (Rounded)November 6, 2018BOS Minutes158 ATTACHMENT C‐2Job Code ClassificationFlex Staff (F) / Deep Class (D)Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 Step 10VWSN Advice Nurse F  55.08 56.46 57.87 59.31 60.80 62.32 63.87 65.47 67.11 68.79VWTF Charge Nurse 63.14 64.72 66.34 68.00 69.70 71.44 73.22 75.05 76.93 78.85VWTA Clinical Nurse Specialist 62.52 64.08 65.68 67.33 69.01 70.73 72.50 74.32 76.17 78.08VWSB Family Nurse Practitioner F 62.52 64.08 65.68 67.33 69.01 70.73 72.50 74.32 76.17 78.08VWSM Health Svcs Educ And Trng Spec 62.52 64.08 65.68 67.33 69.01 70.73 72.50 74.32 76.17 78.08VW7A Nurse Practitioner Trainee F 58.40VWXG Registered Nurse F, D 54.41 55.77 57.17 58.60 60.06 61.56 63.10 64.68 66.30 67.95VWX5 Registered Nurse ‐ Project F, D 54.41 55.77 57.17 58.60 60.06 61.56 63.10 64.68 66.30 67.95VWXC Registered Nurse‐Beg Level F, D 49.27VWX2 Registered Nurse‐Prj Beg Level F, D 49.27Job Code ClassificationFlex Staff (F) / Deep Class (D)Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 Step 10VWXF Staff Advice Nurse‐Per Diem 66.10 67.75 69.44 71.18 72.96 74.78 76.65 78.57 80.53 82.55VWWA Staff Nurse‐Per Diem 65.29 66.92 68.59 70.31 72.07 73.87 75.72 77.61 79.55 81.54Job Code ClassificationFlex Staff (F) / Deep Class (D)Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 Step 10VVXA Public Hlth Nurse D 57.13 58.56 60.03 61.53 63.06 64.64 66.26 67.91 69.61 71.35VVX1 Public Hlth Nurse‐Project 57.13 58.56 60.03 61.53 63.06 64.64 66.26 67.91 69.61 71.35Staff Nurses Unit (L8)Hourly Range by Step (Rounded)Public Health Nurse Unit (LT) Hourly Range for Illustrative Purposes Based Upon Average MonthCalifornia Nurses AssociationClass and Salary ListingEffective May 1, 2019Registered Nurses Unit (L3) Hourly Range for Illustrative Purposes Based Upon Average MonthNovember 6, 2018BOS Minutes159 ATTACHMENT D‐1Job Code ClassificationFlex Staff (F) / Deep Class (D)Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 Step 10VWSN Advice Nurse F  10,024.28 10,274.89 10,531.76 10,795.05 11,064.93 11,341.55 11,625.09 11,915.72 12,213.61 12,518.95VWTF Charge Nurse 11,491.62 11,778.91 12,073.38 12,375.22 12,684.60 13,001.71 13,326.76 13,659.93 14,001.42 14,351.46VWTA Clinical Nurse Specialist 11,378.40 11,662.86 11,954.43 12,253.29 12,559.63 12,873.62 13,195.46 13,525.34 13,863.48 14,210.06VWSB Family Nurse Practitioner F 11,378.40 11,662.86 11,954.43 12,253.29 12,559.63 12,873.62 13,195.46 13,525.34 13,863.48 14,210.06VWSM Health Svcs Educ And Trng Spec 11,378.40 11,662.86 11,954.43 12,253.29 12,559.63 12,873.62 13,195.46 13,525.34 13,863.48 14,210.06VW7A Nurse Practitioner Trainee F 10,628.84VWXG Registered Nurse F, D 9,902.94 10,150.51 10,404.28 10,664.38 10,930.99 11,204.27 11,484.37 11,771.48 12,065.77 12,367.42VWX5 Registered Nurse ‐ Project F, D 9,902.94 10,150.51 10,404.28 10,664.38 10,930.99 11,204.27 11,484.37 11,771.48 12,065.77 12,367.42VWXC Registered Nurse‐Beg Level F, D 8,966.29VWX2 Registered Nurse‐Prj Beg Level F, D 8,966.29Job Code ClassificationFlex Staff (F) / Deep Class (D)Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 Step 10VWXF Staff Advice Nurse‐Per Diem 12,029.56 12,330.30 12,638.56 12,954.52 13,278.38 13,610.34 13,950.60 14,299.37 14,656.85 15,023.27VWWA Staff Nurse‐Per Diem 11,882.68 12,179.74 12,484.24 12,796.34 13,116.25 13,444.16 13,780.26 14,124.77 14,477.89 14,839.83Job Code ClassificationFlex Staff (F) / Deep Class (D)Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 Step 10VVXA Public Hlth Nurse D 10,398.25 10,658.20 10,924.66 11,197.77 11,477.72 11,764.66 12,058.78 12,360.25 12,669.25 12,985.99VVX1 Public Hlth Nurse‐Project 10,398.25 10,658.20 10,924.66 11,197.77 11,477.72 11,764.66 12,058.78 12,360.25 12,669.25 12,985.99Staff Nurses Unit (L8)Salary Range by Step (Rounded)Public Health Nurse Unit (LT)Salary Range by Step (Rounded)California Nurses AssociationClass and Salary ListingEffective January 1, 2020Registered Nurses Unit (L3)Salary Range by Step (Rounded)November 6, 2018BOS Minutes160 ATTACHMENT D‐2Job Code ClassificationFlex Staff (F) / Deep Class (D)Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 Step 10VWSN Advice Nurse F  57.83 59.28 60.76 62.28 63.84 65.43 67.07 68.74 70.46 72.22VWTF Charge Nurse 66.30 67.96 69.65 71.40 73.18 75.01 76.89 78.81 80.78 82.80VWTA Clinical Nurse Specialist 65.64 67.29 68.97 70.69 72.46 74.27 76.13 78.03 79.98 81.98VWSB Family Nurse Practitioner F 65.64 67.29 68.97 70.69 72.46 74.27 76.13 78.03 79.98 81.98VWSM Health Svcs Educ And Trng Spec 65.64 67.29 68.97 70.69 72.46 74.27 76.13 78.03 79.98 81.98VW7A Nurse Practitioner Trainee F 61.32VWXG Registered Nurse F, D 57.13 58.56 60.02 61.53 63.06 64.64 66.26 67.91 69.61 71.35VWX5 Registered Nurse ‐ Project F, D 57.13 58.56 60.02 61.53 63.06 64.64 66.26 67.91 69.61 71.35VWXC Registered Nurse‐Beg Level F, D 51.73VWX2 Registered Nurse‐Prj Beg Level F, D 51.73Job Code ClassificationFlex Staff (F) / Deep Class (D)Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 Step 10VWXF Staff Advice Nurse‐Per Diem 69.40 71.14 72.91 74.74 76.61 78.52 80.48 82.50 84.56 86.67VWWA Staff Nurse‐Per Diem 68.55 70.27 72.02 73.83 75.67 77.56 79.50 81.49 83.53 85.61Job Code ClassificationFlex Staff (F) / Deep Class (D)Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 Step 10VVXA Public Hlth Nurse D 59.99 61.49 63.03 64.60 66.22 67.87 69.57 71.31 73.09 74.92VVX1 Public Hlth Nurse‐Project 59.99 61.49 63.03 64.60 66.22 67.87 69.57 71.31 73.09 74.92Staff Nurses Unit (L8)Hourly Range by Step (Rounded)Public Health Nurse Unit (LT) Hourly Range for Illustrative Purposes Based Upon Average MonthCalifornia Nurses AssociationClass and Salary ListingEffective January 1, 2020Registered Nurses Unit (L3) Hourly Range for Illustrative Purposes Based Upon Average MonthNovember 6, 2018BOS Minutes161 ATTACHMENT E‐1Job Code ClassificationFlex Staff (F) / Deep Class (D)Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 Step 10VWSN Advice Nurse F  10,525.49 10,788.63 11,058.35 11,334.80 11,618.17 11,908.63 12,206.34 12,511.50 12,824.29 13,144.90VWTF Charge Nurse 12,066.20 12,367.86 12,677.05 12,993.98 13,318.83 13,651.80 13,993.10 14,342.92 14,701.50 15,069.03VWTA Clinical Nurse Specialist 11,947.32 12,246.00 12,552.15 12,865.96 13,187.61 13,517.30 13,855.23 14,201.61 14,556.65 14,920.57VWSB Family Nurse Practitioner F 11,947.32 12,246.00 12,552.15 12,865.96 13,187.61 13,517.30 13,855.23 14,201.61 14,556.65 14,920.57VWSM Health Svcs Educ And Trng Spec 11,947.32 12,246.00 12,552.15 12,865.96 13,187.61 13,517.30 13,855.23 14,201.61 14,556.65 14,920.57VW7A Nurse Practitioner Trainee F 11,160.28VWXG Registered Nurse F, D 10,398.09 10,658.04 10,924.49 11,197.60 11,477.54 11,764.48 12,058.59 12,360.06 12,669.06 12,985.79VWX5 Registered Nurse ‐ Project F, D 10,398.09 10,658.04 10,924.49 11,197.60 11,477.54 11,764.48 12,058.59 12,360.06 12,669.06 12,985.79VWXC Registered Nurse‐Beg Level F, D 9,414.61VWX2 Registered Nurse‐Prj Beg Level F, D 9,414.61Job Code ClassificationFlex Staff (F) / Deep Class (D)Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 Step 10VWXF Staff Advice Nurse‐Per Diem 12,631.04 12,946.81 13,270.48 13,602.25 13,942.30 14,290.86 14,648.13 15,014.34 15,389.69 15,774.44VWWA Staff Nurse‐Per Diem 12,476.81 12,788.73 13,108.45 13,436.16 13,772.06 14,116.37 14,469.28 14,831.01 15,201.78 15,581.83Job Code ClassificationFlex Staff (F) / Deep Class (D)Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 Step 10VVXA Public Hlth Nurse D 10,918.16 11,191.11 11,470.89 11,757.66 12,051.60 12,352.90 12,661.72 12,978.26 13,302.72 13,635.28VVX1 Public Hlth Nurse‐Project 10,918.16 11,191.11 11,470.89 11,757.66 12,051.60 12,352.90 12,661.72 12,978.26 13,302.72 13,635.28Staff Nurses Unit (L8)Salary Range by Step (Rounded)Public Health Nurse Unit (LT)Salary Range by Step (Rounded)California Nurses AssociationClass and Salary ListingEffective January 1, 2021Registered Nurses Unit (L3)Salary Range by Step (Rounded)November 6, 2018BOS Minutes162 ATTACHMENT E‐2Job Code ClassificationFlex Staff (F) / Deep Class (D)Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 Step 10VWSN Advice Nurse F  60.72 62.24 63.80 65.39 67.03 68.70 70.42 72.18 73.99 75.84VWTF Charge Nurse 69.61 71.35 73.14 74.97 76.84 78.76 80.73 82.75 84.82 86.94VWTA Clinical Nurse Specialist 68.93 70.65 72.42 74.23 76.08 77.98 79.93 81.93 83.98 86.08VWSB Family Nurse Practitioner F 68.93 70.65 72.42 74.23 76.08 77.98 79.93 81.93 83.98 86.08VWSM Health Svcs Educ And Trng Spec 68.93 70.65 72.42 74.23 76.08 77.98 79.93 81.93 83.98 86.08VW7A Nurse Practitioner Trainee F 64.39VWXG Registered Nurse F, D 59.99 61.49 63.03 64.60 66.22 67.87 69.57 71.31 73.09 74.92VWX5 Registered Nurse ‐ Project F, D 59.99 61.49 63.03 64.60 66.22 67.87 69.57 71.31 73.09 74.92VWXC Registered Nurse‐Beg Level F, D 54.32VWX2 Registered Nurse‐Prj Beg Level F, D 54.32Job Code ClassificationFlex Staff (F) / Deep Class (D)Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 Step 10VWXF Staff Advice Nurse‐Per Diem 72.87 74.69 76.56 78.47 80.44 82.45 84.51 86.62 88.79 91.01VWWA Staff Nurse‐Per Diem 71.98 73.78 75.63 77.52 79.45 81.44 83.48 85.56 87.70 89.90Job Code ClassificationFlex Staff (F) / Deep Class (D)Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 Step 10VVXA Public Hlth Nurse D 62.99 64.56 66.18 67.83 69.53 71.27 73.05 74.87 76.75 78.67VVX1 Public Hlth Nurse‐Project 62.99 64.56 66.18 67.83 69.53 71.27 73.05 74.87 76.75 78.67Staff Nurses Unit (L8)Hourly Range by Step (Rounded)Public Health Nurse Unit (LT) Hourly Range for Illustrative Purposes Based Upon Average MonthCalifornia Nurses AssociationClass and Salary ListingEffective January 2021Registered Nurses Unit (L3) Hourly Range for Illustrative Purposes Based Upon Average MonthNovember 6, 2018BOS Minutes163 Attachment F THIS PAGE INTENTIONALLY LEFT BLANK November 6, 2018 BOS Minutes 164 ATTACHMENT G California Nurses Association MEDICAL/DENTAL PLANS 2018 Plan Year Coverage Offered The County offers the following Plans: Contra Costa Health Plans (CCHP), Kaiser Permanente, Health Net and Delta Dental PPO and Delta Care USA Dental HMO. Co-Pays and Co-Insurance The health plan co-pays and co-insurance are as follows: CCHP A: $0 Office Visit in the RMC Network $0 Preferred Generic RX $0 Preferred Brand RX $0 Non-Preferred Brand RX CCHP B: $0 Office Visit in the RMC Network $5 Office Visit in the CPN Network $3 Preferred Generic RX $3 Preferred Brand RX $3 Non-Preferred Brand RX KAISER PERMANENTE PLAN A: $10 Office Visit co-pay $10 Preferred Generic RX $20 Preferred Brand RX $20 Non-Preferred Brand RX $10 Emergency Room KAISER PERMANENTE PLAN B: $500 Deductible Per Person $1000 Deductible Per Family $20 Office Visit Co-pay (not subject to deductible) $20 Urgent Care Co-pay (not subject to deductible) $10 Lab & X-ray Co-pay (not subject to deductible) $10 Preferred Generic RX $30 Preferred Brand RX $30 Non-Preferred Brand RX 10% Co-Insurance After Deductible for Inpatient Hospital, Outpatient Surgical and Emergency Room $3000/Person and $6000/Family Annual Out of Pocket Maximum November 6, 2018 BOS Minutes 165 HEALTH NET HMO Plan A: $10 Office Visit $10 Preferred Generic RX $20 Preferred Brand RX $35 Non-Preferred Brand or Generic RX $25 Emergency Room HEALTH NET HMO Plan B: $20 Office Visit $50 Urgent Care Visit $1000 Inpatient Hospital Co-pay $500 Out-Patient Surgery Co-pay $100 Emergency Room Co-pay $10 Preferred Generic RX Co-pay $20 Non-Preferred Brand RX Co-pay $35 Non-Preferred Brand or Generic RX Co-pay $2000/Person and $6000/Family Annual Out of Pocket Maximum HEALTH NET PPO Plan A: $10 Office Visit in network $5 Preferred Generic RX $5 Preferred Brand RX $5 Non-Preferred Brand or Generic RX $50 Emergency Room Co-Pay + 10% Co-Insurance DELTA DENTAL PREMIER PPO $1,800 Maximum Annual Benefit Amount DELTA CARE HMO No Out of Pocket Charges with Network Dentists and Materials November 6, 2018 BOS Minutes 166 ATTACHMENT H CALIFORNIA NURSES ASSOCIATION (CNA) Section 48 – Permanent-Intermittent Employee Benefits Page 1 of 1 CNA- Attachment H Special Pays for Permanent-Intermittent Employees 1) Applicable to all Permanent-Intermittent Employees Type of Pay MOU Section Jury Duty-Scheduled Work Day 17.1 Military Leave 16.4 County Overtime 7.1 FLSA Overtime N/A Sick Leave Hours Taken 14 Vacation Hours Taken 13 CNA Weekend Shift Bonus 10.2 CNA Weekend Only Shift 1 Attachment M CNA Weekend Only Shift 2 Attachment M CNA Nurse Representatives 4 Sabbatical Leave 13.4 Health Services Education Hours 31 Shift Differential Pay @ 12% 10.1 Shift Differential Pay @ 15% 10.1 Code Gray @ 10% 56 Negotiations Time Off 4.2 2) Applicable to only those Permanent-Intermittent employees in the specified classification/org. Type of Pay MOU Section Applicable Job Classification(s) Applicable Assigned Org. (Org.#) FNP Weekend Differential Hospital/Clinics 52.1 VWSB DPT: 0540 FNP Evening Differential Hospital/Clinics 52.1 VWSB DPT: 0540 Charge Nurse Relief 5.4 VWXD, VWXE, VWSN, VWXG, VWX5 Detention Assignment 10.3 VWXC, VWXD, VWX2, VWX3, VWXG, VWX5 5700, 5701, 5702, 5710, 5711 ER Assignment 10.4 VWXC, VWXD, VWXE, VWX2, VWX3, VWT4, VWXG, VWX5 6383 Detention Nurse Advanced Level Att. C VWX4, VWXE, VWXG, VWX5 5700, 5701, 5702, 5710, 5711 Double Shift Premium 7.1 VWXC, VWXD, VWX2, VWX3, VWX4, VWXG, VWX5 November 6, 2018 BOS Minutes 167 STAFF NURSE UNIT/PER DIEM ATTACHMENT Special Pays, Benefits, and Other Items that are applicable to Staff Nurse Unit/Per Diem employees: These sections of the MOU are applicable to Per Diem Employees: • Section 1 Association Recognition • Section 2 Association Security • Section 4 Nurse Representatives • Section 5.1-5.17 Wages • Section 7.3 Continuous Shifts • Section 7.4 Per Diem Overtime Pay • Section 8 Call-Back Time • Section 9 On-Call Duty • Section 10.5 Per Diem Differentials (Including Detention Facility Differential, Code Grey) • Section 12.10 Per Diem Holiday Pay and Holiday Meal • Section 24 Grievance Procedure • Section 25 Compensation Complaints • Section 27 No Strike • Section 32 Classification • Section 33 Safety • Section 34 Mileage • Section 35 Pay Warrant Errors • Section 37 Joint Association/Management Meeting • Section 39 Notice of Hires and Separations • Section 41 Personnel Files • Section 49 Staff Nurse Unit/Per Diem Employees • Section 53 Health Examination • Section 54 Floating • Section 58 Adoption • Section 59.1 Scope of Agreement • Section 59.2 Separability of Provisions • Section 62 Conscious Sedation • Section 65 Duration of Agreement If a special pay, benefit, or other item that is described in this MOU does not specifically reference per diem employees or the special pay, benefit, or other item is not included in this Attachment, then the special pay, benefit, or other item does not apply to per diem employees. November 6, 2018 BOS Minutes 168 November 6, 2018BOS Minutes169 November 6, 2018BOS Minutes170 November 6, 2018BOS Minutes171 ATTACHMENT L PUBLIC HEALTH NURSE EXPANDED ROLES 1 of 2 Positions previously described as “special assignments” that are more than twenty (20) hours per week shall be treated as positions that shall be bid as defined in the MOU and will have a written job assignment. The process of bidding these positions will go into effect when the current nurses in those roles leave their position(s). The Expanded Role is an additional duty within a specific Public Health Nurse (PHN) pool that is not performed by all PHNs in that pool, and is less than twenty (20) hours per week. The current Expanded Roles at the time of this agreement are:  Concord Health Center Building 2 – primary care mental health focus (CHC2)  Lead program  George Miller Wellness liaison  Willow Pass Wellness liaison  Crossroads High School PHN  Richmond High School PHN Expanded Roles for PHNs will be filled using the following process: 1. Management (the Public Health Nurse Program Manager for the specific PHN pool) shall email all PHNs within said PHN pool notifying them of the Expanded Roles. Said email shall include a written description of the anticipated Expanded Role tasks and expectations of the role. 2. PHNs shall notify management via email of their interest. 3. The timeline for responding and expressing interest in an Expanded Role shall be five (5) business days from the date of the email. 4. PHNs, who can demonstrate they were not working during the entirety of the notification and application process, shall be able to apply for up to five (5) business days after the application deadline. 5. Management (the PHN Program Manager from the specific PHN Pool) shall interview all volunteers, and may select a candidate. 6. If no PHN volunteers, a PHN who has completed their probationary period may be assigned according to inverse seniority. The County may also choose to not fill the Expanded Role. 7. Management (Public Health Nurse Program Manager) shall not solicit, encourage, or otherwise recruit PHNs to apply. This includes implications of negative impact for not volunteering. November 6, 2018 BOS Minutes 172 ATTACHMENT L PUBLIC HEALTH NURSE EXPANDED ROLES 2 of 2 a. Public Health Nurses, who feel Management is engaging in these prohibited activities, may report this to the assigned personnel analyst for Public Health Nursing in Health Services Personnel (HSP). b. Health Services Personnel (Personnel) will suspend the process for filling an Expanded Role, if such an allegation is made, and conduct an investigation. Personnel shall notify PHNs and the CNA representative in writing that the process has been suspended. Personnel shall notify PHN’s in writing of the outcome of the investigation, and the resumption of the process to fill said Expanded Role. 8. If a PHN wishes to exit from an Expanded Role, the PHN will email the PHN Program Manager supervising that Expanded Role. The parties agree that an exit date shall not exceed sixty (60) calendar days. All other PHNs, who are currently in Expanded Roles, shall remain performing these duties. November 6, 2018 BOS Minutes 173 November 6, 2018BOS Minutes174 November 6, 2018BOS Minutes175 November 6, 2018BOS Minutes176 November 6, 2018BOS Minutes177 November 6, 2018BOS Minutes178 November 6, 2018BOS Minutes179 November 6, 2018BOS Minutes180 ATTACHMENT Q November 6, 2018 BOS Minutes 181 November 6, 2018 BOS Minutes 182 November 6, 2018 BOS Minutes 183 November 6, 2018 BOS Minutes 184 ATTACHMENT R November 6, 2018 BOS Minutes 185 November 6, 2018 BOS Minutes 186 ATTACHMENT S November 6, 2018 BOS Minutes 187 November 6, 2018 BOS Minutes 188 ATTACHMENT T November 6, 2018 BOS Minutes 189 November 6, 2018 BOS Minutes 190 ATTACHMENT U November 6, 2018 BOS Minutes 191 VNovember 6, 2018BOS Minutes192 i CALIFORNIA NURSES ASSOCIATION SUBJECT INDEX (2018-2021) Adoption ...................................................................................................................... 101 Advanced Cardiac Life Support Certification ................................................................. 81 Ambulatory Care Nurses ............................................................................................. 105 Anniversary Dates ......................................................................................................... 11 Association Recognition .................................................................................................. 3 Association Representative ............................................................................................. 9 Association Security ........................................................................................................ 4 Attendance at Meetings ................................................................................................... 8 Automated Timekeeping Reopener ............................................................................. 105 Bid Procedure ............................................................................................................... 66 Bilingual Pay ................................................................................................................. 75 Call-Back Pay ................................................................................................................ 23 Call-Back Time .............................................................................................................. 23 Career Development ..................................................................................................... 80 Catastrophic Leave Bank .............................................................................................. 46 Charge Nurse Relief ...................................................................................................... 10 Classification ................................................................................................................. 83 Code Grey ................................................................................................................... 101 Coerced Resignations ................................................................................................... 68 Commuter Benefit Program ........................................................................................... 84 Compensation Complaints ............................................................................................ 74 Compensation For Loss or Damage to Personal Property ............................................ 93 Compensation for Portion of Month ............................................................................... 13 Compensatory Time ...................................................................................................... 21 Confidentiality of Information/Records ........................................................................... 46 Conscious Sedation .................................................................................................... 103 Constructive Resignation .............................................................................................. 68 Contributing Non-Member Fees ...................................................................................... 5 Days and Hours of Work ............................................................................................... 18 Deferred Compensation Loan Provision ........................................................................ 84 Deferred Compensation – Special Benefit for Public Health Nurses ............................. 84 Deferred Retirement ...................................................................................................... 60 Detention Facility Differential ......................................................................................... 86 Disability ........................................................................................................................ 41 Dismissal, Suspension, and Demotion .......................................................................... 69 Dual Coverage .............................................................................................................. 59 Dues Deduction ............................................................................................................... 4 Duration of Agreement ................................................................................................ 105 November 6, 2018 BOS Minutes 193 ii Education Leave ........................................................................................................... 82 Electronic Health Records Incentive Program ............................................................... 17 Employee Representation Rights .................................................................................. 71 Family Care Leave or Medical Leave ............................................................................ 50 Family Member Eligibility Criteria .................................................................................. 56 Family Nurse Practitioners (FNP)/Public Health Nurses (PHN) .................................... 98 Floating ....................................................................................................................... 101 General Conditions.......................................................................................................... 4 General Wages ............................................................................................................... 9 Grievance Procedure .................................................................................................... 71 Health Care Spending Account ..................................................................................... 59 Health Examination ..................................................................................................... 100 Holiday and Compensatory Time Provisions ................................................................. 34 Holiday Meal ................................................................................................................. 34 Holidays (Christmas and New Year’s Day) ................................................................... 30 Holidays Observed ........................................................................................................ 31 Increments Within Range .............................................................................................. 12 Joint Association/Management Meeting ........................................................................ 86 Jury Duty ....................................................................................................................... 54 Labor-Management Committee ..................................................................................... 44 Leave Denials ............................................................................................................. 101 Leave of Absence ......................................................................................................... 48 Leave Without Pay ........................................................................................................ 48 Leave Without Pay – Use of Accruals ........................................................................... 52 Length of Service Definition (for service awards and vacation accruals)....................... 94 Longevity Pay ................................................................................................................ 10 Lunch Period / Rest Break ............................................................................................ 97 Medical Certification ...................................................................................................... 50 Medical, Life, and Dental Care ...................................................................................... 55 Merit Board .................................................................................................................... 74 Mileage and Transportation ........................................................................................... 84 Military Leave ................................................................................................................ 49 New Technology and Staff ing Ratio Dispute Resolution ............................................. 103 No Discrimination ............................................................................................................ 8 No Strike ....................................................................................................................... 74 Notice of Hires and Separations .................................................................................... 91 Notification of Dues Deduction Changes ......................................................................... 4 Nurse Representatives .................................................................................................... 8 Nursing Certification Test Fee Reimbursement ............................................................. 17 November 6, 2018 BOS Minutes 194 iii On-Call Duty .................................................................................................................. 23 Operating Room Call Back ............................................................................................ 23 Overtime and Compensatory Time................................................................................ 20 Part-Time Compensation .............................................................................................. 12 Patient Care Technology Review Procedures ............................................................. 102 Payment ........................................................................................................................ 16 Pay for Work in Higher Classification ............................................................................ 15 Pay Warrant Errors........................................................................................................ 17 Per Diem Differentials ................................................................................................... 25 Per Diem Holiday Pay & Holiday Meal .......................................................................... 34 Per Diem Overtime Pay ................................................................................................. 23 Permanent-Intermittent Employee Benefits ................................................................... 94 Permanent Part-Time Employee Benefits ..................................................................... 94 Personnel Files ............................................................................................................. 92 Physical Examination .................................................................................................... 65 Pregnancy Disability Leave ........................................................................................... 52 Probationary Period....................................................................................................... 62 Procedure on Dismissal, Suspension, or Disciplinary Demotion ................................... 71 Professional Performance Committees ......................................................................... 87 Professional Performance Committees – Family Nurse Practitioners ........................... 89 Promotion ...................................................................................................................... 64 Promotion Via Reclassification Without Examination .................................................... 64 Public Health Nurse Expanded Roles ........................................................................... 67 Public Health Nurse Professional Standards and Practices Committee (PSPC) ........... 90 Quarterly Meetings with Health Services Department Managers .................................. 89 Reimbursement for Meal Expenses .............................................................................. 92 Reimbursement for Use of Personal Vehicle ................................................................. 84 Reinstatement From Family Care Medical Leave ......................................................... 53 Rejection During Probation ........................................................................................... 62 Release Time for Training ............................................................................................... 9 Required Certifications and Licenses ............................................................................ 81 Resignation in Good Standing ....................................................................................... 68 Resignations ................................................................................................................. 68 Retirement ..................................................................................................................... 75 Revocation .................................................................................................................... 68 Safe Staffing ................................................................................................................ 102 Safety ............................................................................................................................ 83 Salaries ........................................................................................................................... 9 Salary on Involuntary Demotion .................................................................................... 14 Salary on Promotion ...................................................................................................... 14 Salary Reallocation and Salary on Reallocation ............................................................ 13 Salary on Voluntary Demotion ....................................................................................... 15 Salary Review While on Leave of Absence ................................................................... 53 Scope of Agreement.................................................................................................... 102 Scope of Agreement and Separability of Provision ..................................................... 102 November 6, 2018 BOS Minutes 195 iv Seniority Credits ............................................................................................................ 65 Seniority, Workforce Reduction, Layoff and Reassignment .......................................... 26 Service Awards ............................................................................................................. 93 Shift Differentials ........................................................................................................... 23 Sick Leave ..................................................................................................................... 37 Skelly Requirements ..................................................................................................... 70 Special Employment Lists ............................................................................................. 30 Staff Nurse/Per Diem Employees .................................................................................. 95 State Disability Insurance (SDI) .................................................................................... 44 Time Limits - Grievances ............................................................................................... 73 Training Reimbursement ............................................................................................... 80 Transfer (Promotion) ..................................................................................................... 66 Transfer (Salaries)......................................................................................................... 15 Unauthorized Absence .................................................................................................. 53 Unfair Labor Practice ..................................................................................................... 94 Union Notification .......................................................................................................... 73 Use of County Buildings .................................................................................................. 5 Vacation Accrual Rates ................................................................................................. 35 Vacation Allowance ....................................................................................................... 35 Vacation Leave ............................................................................................................. 35 Vacation Leave Accrual Usage ..................................................................................... 37 Vacation Requests ........................................................................................................ 36 Voluntary Vision Plan .................................................................................................... 61 Witness Duty ................................................................................................................. 54 Workplace Violence Prevention and Safety .................................................................. 91 Worker’s Compensation and Continuing Pay ................................................................ 42 November 6, 2018 BOS Minutes 196 RECOMMENDATION(S): ACCEPT the 2018 Other Post Employment Benefits Valuation Report as of January 1, 2018 and GASB 74/75 disclosures as of June 30, 2018. FISCAL IMPACT: The attached 2018 Other Post Employment Benefit (OPEB) Valuation Report is required per Governmental Accounting Standards Board (GASB) Statements 74 and 75 to be completed, by a County the size of Contra Costa, every two years. The report presents a calculation of liability and has no specific fiscal impact on its own. The County’s actions to reduce the liability have had a significant positive impact on the County’s overall fiscal stability and ability to deliver services. As of June 30, 2018, the County’s fiduciary net position as a percentage of total other post employment benefit liability was 28.9%. The total liability for benefits was $932.2 million, and the actuarial value of assets was $269.7 million, resulting in a net OPEB liability of $662.5 million. BACKGROUND: In 2004, due to growing concern over the potential magnitude of government employer obligations for post-employment benefits, the Governmental Accounting Standards Board enacted Statement 45 (GASB 45). The main reason for the Statement was to establish uniform accrual accounting and reporting of these APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/06/2018 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Lisa Driscoll, County Finance Director I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 6, 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.6 To:Board of Supervisors From:David Twa, County Administrator Date:November 6, 2018 Contra Costa County Subject:Other Post Employment Benefits (OPEB) - Actuarial Valuation as of January 1, 2018 and GASB 74 75 Disclosures as of June 30, 2018 November 6, 2018 BOS Minutes 197 BACKGROUND: (CONT'D) > governmental liabilities much like under the Financial Accounting Standards Board (FASB) rules that already applied to the private sector for OPEBs (and GASB 25 and 27 statements that already applied to governmental pension liabilities). Accrual accounting was needed to report the cost of providing government services over the working lifetime of employees providing the services rather than just the "pay-as-you-go" (paygo) cost that was not realized until after those employees retired. Pursuant to GASB 45 requirements, Contra Costa County ordered its initial actuarial report in 2006. The 2006 report valued the County’s unfunded liability for retiree medical costs at $2.6 billion based upon a cash discount rate. This outstanding liability, if fully amortized over the following 30 years, would have necessitated an Annual Required Contribution (ARC) of $216 million. At that point in time, $216 million would have been six times the amount that the County was paying toward retiree health care costs on a paygo basis. In June, 2007, the County established a funding target of 100% of the potential liability for the retiree population. At that time, retirees accounted for approximately 40% of the liability population. That figure is now 43% and expected to continue to grow. Partial pre-funding began in 2008 with an annual County allocation of $20 million. Although the County has made great strides towards reducing and funding the liability, the liability is still far from funded at 28.9%. Pursuant to County Ordinance No. 2014-04, the annual resources of $20 million will be increased by $47 million to $67 million in FY 2022/23 when the County retires its current Pension Obligation Bond. As is described in the previous reports and in the table below, the County has taken significant actions to address and to reduce its OPEB liability since the initial report of 2006. Interim valuation results have been presented to the Board of Supervisors, pursuant to California Government Code 7507, since the 2008 report. For comparison purposes, the table below compares bi-annual GASB 45 valuation results at fiscal year-end (FYE). In June 2015, the Governmental Accounting Standards Board (GASB) released new accounting standards for public sector postretirement benefit programs and the employers that sponsor them. GASB Statements 74 and 75 overhaul the standards for accounting and financial reporting for postemployment benefits other than pensions (OPEB). They replace the current statements, GASB 43 and 45 and are intended to improve the decision-usefulness of information in employer and governmental nonemployer contributing entity financial reports and enhance its value for assess accountability and interperiod equity by requiring recognition of the entire OPEB liability in the county’s financial statements and a more comprehensive measure of OPEB expense. The new GASB statements require a liability for OPEB obligations, known as the net OPEB liability, to be recognized November 6, 2018 BOS Minutes 198 on the balance sheet of the plan and the participating employers. In addition, an OPEB expense is recognized in the income statement of the participating employers As of June 30, 2018, the County’s position is as follows: Total OPEB Liability $932,187,000 Fiduciary Net Position 269,670,000 Net OPEB Liability 662,517,000 Active 9,041 Retirees and Survivors 6,735 Total Counts 15,776 Discount Rate 6.15% Summary Over the last ten years, the County has reduced its OPEB liability by 74%. Although the County’s annual trust deposit of $20 million combined with the annual paygo cost shows great progress, it does not meet the GASB definition of paying the total Annual Required Contribution for pre-funding ($89.2 million). Additionally, a 28.9% funded level is still far from the targeted level of 43%. The Board of Supervisors, through the County Administrator's Office will continue to work towards a financial balance between the provision of necessary services to the public and provision of competitive health care benefits for employees and retirees. These efforts will not only help to ensure the County’s overall fiscal stability and ability to deliver services, but will also increase the likelihood that health care benefits will be available to our employees and retirees in the future. None of these reductions could have been achieved without the support and cooperation of our employees. Continued negotiations toward Countywide health care cost containment strategies and the redirection of designated future resources remain key to reducing the OPEB liability. The Board of Supervisors continues to make significant progress toward a solution for one of the biggest fiscal challenges the County has faced to date. The results contained in this report are our best estimate; however, variation from these or any other estimates of future retiree medical costs is possible. Actual future costs may vary from the estimates in this report. Detailed information on the Board’s actions, including all of the County’s OPEB reports, is available on the County’s web-site at www.cccounty.us/1318/Other-Post-Employment-Benefits . CONSEQUENCE OF NEGATIVE ACTION: The County will be out of compliance with Governmental Accounting Standards Board Statements 74 and 75. ATTACHMENTS OPEB Actuarial Valuation Report as of January 1, 2018 November 6, 2018 BOS Minutes 199 Milliman Client Report Contra Costa County Other Post Employment Benefits Plan Actuarial Valuation as of January 1, 2018 and GASB 74 / 75 Disclosures as of June 30, 2018 Prepared by: John R. Botsford FSA, MAAA Milliman, Inc. 2175 N. California Blvd., Suite 810 Walnut Creek, California 94596 Tel 888 881 4015 Fax 888 884 0329 milliman.com October 19, 2018 November 6, 2018 BOS Minutes 200 Offices in Principal Cities Worldwide 2175 N. California Blvd., Suite 810 Walnut Creek, CA 94596 USA Tel +1 888 881 4015 Fax +1 888 884 0329 milliman.com October 19, 2018 Contra Costa County 651 Pine Street Martinez, CA 94553 Contra Costa County Other Post Employment Benefits Plan Actuarial Valuation as of January 1, 2018 and GASB 74 / 75 Disclosures as of June 30, 2018 At the request of the Contra Costa County, we have prepared an actuarial valuation for the County’s Other Post Employment Benefits Plan as of January 1, 2018, and GASB 74 / 75 disclosures for the fiscal year ending June 30, 2018, to comply with Statements No. 74 and 75 of the Governmental Accounting Standards Board (GASB). In preparing this report, we relied, without audit, on information supplied by the Contra Costa County’s staff. This information includes but is not limited to employee census data, financial information and plan provisions. While Milliman has not audited the financial and census data, they have been reviewed for reasonableness and are, in our opinion, sufficient and reliable for the purposes of our calculations. If any of this information as summarized in this report is inaccurate or incomplete, the results shown could be materially affected and this report may need to be revised. All costs, liabilities, rates of interest, and other factors for the County have been determined on the basis of actuarial assumptions and methods which are individually reasonable (taking into account the experience of the County and reasonable expectations); and which, in combination, offer our best estimate of anticipated experience affecting the County. Further, in our opinion, each actuarial assumption used is reasonably related to the experience of the Plan and to reasonable expectations which, in combination, represent our best estimate of anticipated experience for the County. This valuation report is only an estimate of the Plan’s financial condition as of a single date. It can neither predict the Plan’s future condition nor guarantee future financial soundness. Actuarial valuations do not affect the ultimate cost of Plan benefits, only the timing of County’s contributions. While the valuation is based on an array of individually reasonable assumptions, other assumption sets may also be reasonable and valuation results based on those assumptions would be different. No one set of assumptions is uniquely correct. Determining results using alternative assumptions is outside the scope of our engagement. Future actuarial measurements may differ significantly from the current measurements presented in this report due to such factors as the following: plan experience differing from that anticipated by the economic or demographic assumptions; changes in economic or demographic assumptions; increases or decreases expected as part of the natural operation of the methodology used for these measurements (such as the end of an amortization period); and changes in plan provisions or applicable law. Due to the limited scope of our assignment, we did not perform an analysis of the potential range of future measurements. The County has the final decision regarding the appropriateness of the assumptions and actuarial cost methods. November 6, 2018 BOS Minutes 201 Contra Costa County Other Post Employment Benefits Plan Actuarial Valuation as of January 1, 2018, and GASB 74 / 75 Disclosures as of June 30, 2018 October 19, 2018 Page 2 Milliman Actuarial computations presented in this report under GASB Statements No. 74 and 75 are for purposes of assisting the County in fulfilling its financial accounting requirements. The computations prepared for this purpose may differ as disclosed in our report. The calculations in the enclosed report have been made on a basis consistent with our understanding of the County’s funding policy and goals. The calculations in this report have been made on a basis consistent with our understanding of the OPEB plan provisions described in Appendix A of this report, and of GASB Statements No. 74 and 75. Determinations for purposes other than meeting these requirements may be significantly different from the results contained in this report. Accordingly, additional determinations may be needed for other purposes. Milliman’s work is prepared solely for the internal business use of the Contra Costa County. To the extent that Milliman's work is not subject to disclosure under applicable public records laws, Milliman’s work may not be provided to third parties without Milliman's prior written consent. Milliman does not intend to benefit or create a legal duty to any third party recipient of its work product. Milliman’s consent to release its work product to any third party may be conditioned on the third party signing a Release, subject to the following exceptions: a) Contra Costa County may provide a copy of Milliman’s work, in its entirety, to County’s professional service advisors who are subject to a duty of confidentiality and who agree to not use Milliman’s work for any purpose other than to benefit the Contra Costa County. b) Contra Costa County may provide a copy of Milliman’s work, in its entirety, to other governmental entities, as required by law. No third party recipient of Milliman's work product should rely upon Milliman's work product. Such recipients should engage qualified professionals for advice appropriate to their own specific needs. The consultants who worked on this assignment are actuaries. Milliman’s advice is not intended to be a substitute for qualified legal or accounting counsel. The signing actuary is independent of the plan sponsor. We are not aware of any relationship that would impair the objectivity of our work. On the basis of the foregoing, we hereby certify that, to the best of our knowledge and belief, the report is complete and accurate and has been prepared in accordance with generally recognized and accepted actuarial principles and practices which are consistent with the applicable Actuarial Standards of Practice of the American Academy of Actuaries. The undersigned is a member of the American Academy of Actuaries and meets the Qualification Standards of the American Academy of Actuaries to render the actuarial opinion contained herein. Sincerely, John R. Botsford, FSA, MAAA Principal and Consulting Actuary November 6, 2018 BOS Minutes 202 Milliman Milliman Client Report Contra Costa County Other Post Employment Benefits Plan Actuarial Valuation as of January 1, 2018, and GASB 74 / 75 Disclosures as of June 30, 2018 This work product was prepared solely for the Contra Costa County for the purposes described herein and may not be appropriate to use for other purposes. Milliman does not intend to benefit and assumes no duty or liability to other parties who receive this work. Milliman Recommends that third parties be aided by their own actuary or other qualified professional when reviewing the Milliman work product. TABLE OF CONTENTS Section Page I SUMMARY Introduction ....................................................................................................................... 1 Background ....................................................................................................................... 1 Key Results ....................................................................................................................... 1 Rationale for Significant Assumptions ............................................................................... 2 II GASB 74 EXHIBITS Exhibit 1. Net OPEB Liabilities .................................................................................... 3 Exhibit 2. Sensitivity of Net OPEB Liabilities ............................................................... 4 Exhibit 3. Changes in Net OPEB Liability .................................................................... 5 Exhibit 4. Money Weighted Investment Return .......................................................... 6 III GASB 75 EXHIBITS Exhibit 5. Calculation of OPEB Expense and Deferred Inflows/Outflows ................... 7 Exhibit 6. Schedule of Deferred Inflows and Outflows of Resources .......................... 8 Exhibit 7. Total OPEB Liability by Entities .................................................................. 9 IV APPENDICES Appendix A. Summary of Plan Benefits ......................................................................... 10 Appendix B. Actuarial Cost Method and Assumptions ................................................... 20 Appendix C. Changes in Actuarial Assumptions ............................................................ 28 Appendix D. Summary of Participant Data ..................................................................... 29 Appendix E. Glossary of Key Terms .............................................................................. 30 November 6, 2018 BOS Minutes 203 Milliman Milliman Client Report SECTION I. SUMMARY Contra Costa County Other Post Employment Benefits Plan 1 Actuarial Valuation as of January 1, 2018, and GASB 74 / 75 Disclosures as of June 30, 2018 This work product was prepared solely for the Contra Costa County for the purposes described herein and may not be appropriate to use for other purposes. Milliman does not intend to benefit and assumes no duty or liability to other parties who receive this work. Milliman Recommends that third parties be aided by their own actuary or other qualified professional when reviewing the Milliman work product. Introduction Milliman, Inc. (Milliman) has been retained by Contra Costa County (the “County”) to provide an actuarial valuation of Other Post Employment Benefit Liabilities as of January 1, 2018, and disclosures required by GASB Statements No. 74 and 75 for the Contra Costa County OPEB Plan for the fiscal year ending June 30, 2018. GASB 74 applies to financial reporting for public OPEB plans. Even if the plan does not issue standalone financial statements, but rather is considered a trust fund of a government, it is subject to GASB 74. GASB 75 governs the specifics of accounting for public OPEB plan obligations for employers. GASB 75 requires a liability for OPEB obligations, known as the Net OPEB Liability, to be recognized on the balance sheets of employers. Changes in the Net OPEB Liability will be immediately recognized as OPEB Expense on the income statement or reported as deferred inflows/outflows of resources depending on the nature of the change. The results contained in this report represent our best estimates based on the assumptions used in the valuation. However, variation from these or any other estimates of future benefits is not only possible but probable. To the extent that actual experience differs from the anticipated experience, actual plan costs will vary as well. Background Currently, employees who retire directly from the County may receive certain retiree health benefits if they meet certain eligibility requirements. The County may contribute an amount toward the cost of retiree health benefits for some retirees consistent with the bargaining agreement between the County and various bargaining units. Appendix A provides a detailed summary of benefits. Key Results The following table summarizes key results. Exhibits 1 – 7 contain the information needed for the preparation of accounting disclosures under GASB 74 and 75. June 30, 2018 June 30, 2017 Net OPEB Liability Total OPEB Liability $ 932,187,000 $ 928,782,000 Fiduciary Net Position 269,670,000 235,216,000 Net OPEB Liability $ 662,517,000 $ 693,566,000 Fiduciary Net Position as % of Total OPEB Liability 28.9% 25.3% Annual OPEB Expense $ 65,105,000 $ 68,444,000 Deferred (Inflows)/Outflows of Resources (23,824,000) (1,165,000) Plan Changes since the Last Fiscal Year Ending June 30, 2017 There were no plan changes since the last fiscal year ending June 30, 2017. November 6, 2018 BOS Minutes 204 Milliman Milliman Client Report SECTION I. SUMMARY Contra Costa County Other Post Employment Benefits Plan 2 Actuarial Valuation as of January 1, 2018, and GASB 74 / 75 Disclosures as of June 30, 2018 This work product was prepared solely for the Contra Costa County for the purposes described herein and may not be appropriate to use for other purposes. Milliman does not intend to benefit and assumes no duty or liability to other parties who receive this work. Milliman Recommends that third parties be aided by their own actuary or other qualified professional when reviewing the Milliman work product. Assumption Changes since the Last Fiscal Year Ending June 30, 2017 The discount rate, health cost trends, and demographic rates were changed since the last fiscal year ending June 30, 2017. The following table shows a summary of the impacts to the Total OPEB Liability (TOL) of these changes. Assumption Changes since FYE June 30, 2017 Changes in TOL Health cost trends updated $ (14,619,000) Demographic rates updated to align with demographic assumptions used in the December 31, 2017 CCCERA Pension Actuarial Valuation Report 23,980,000 Discount rate changed from 6.25% to 6.15% 9,244,000 Total $ 18,605,000 Change in TOL since the Last Fiscal Year Ending June 30, 2017 Due to Plan Experience The following table shows a summary of the change in TOL due to plan experience that was different than assumed. Other Changes since FYE June 30, 2017 Changes in TOL Difference between actual and expected experience - health costs $ (26,933,000) Difference between actual and expected experience - demographic factors (18,273,000) Total $ (45,206,000) Exhibit 3 contains a reconciliation of the TOL from June 30, 2017, to June 30, 2018. Rationale for Significant Assumptions With any valuation of future benefits, assumptions of anticipated future events are required. If actual events differ from the assumptions made, the actual cost of the plan will vary as well. A complete list and description of the actuarial assumptions is presented in Appendix B. Investment Rate of Return. We have assumed an investment rate of return of 6.15%, net of investment expenses. This is based on the investment policy set by the County for its OPEB trust where the County invests its assets in the Public Agency Retirement Services (PARS) Trust to fund its OPEB liabilities. Discount Rate. Under GASB 74 & 75, the discount rate should be the single rate that reflects the long- term rate of return on OPEB plan investments that are expected to be used to finance the payment of benefits. To the extent that OPEB plan assets are insufficient to finance all OPEB benefits, the discount rate should be based on 20-year tax-exempt AA or higher Municipal Bonds as of the Measurement Date. The County’s OPEB Irrevocable Trust assets are invested in the Public Agency Retirement Services’ Highmark Diversified Portfolio. Based on the Trust’s asset allocation, we have assumed an expected average annual rate of return of 6.15%. See Appendix B for additional detail. The County’s current funding policy is to fund the pay-as-you-go costs for retirees, plus $20 million into the OPEB Trust each year until year 2022. Beginning in 2022 the County will continue to fund the pay-as-you-go costs for retirees, plus $73 million until the OPEB fund’s Fiduciary Net Position as a % November 6, 2018 BOS Minutes 205 Milliman Milliman Client Report SECTION I. SUMMARY Contra Costa County Other Post Employment Benefits Plan 3 Actuarial Valuation as of January 1, 2018, and GASB 74 / 75 Disclosures as of June 30, 2018 This work product was prepared solely for the Contra Costa County for the purposes described herein and may not be appropriate to use for other purposes. Milliman does not intend to benefit and assumes no duty or liability to other parties who receive this work. Milliman Recommends that third parties be aided by their own actuary or other qualified professional when reviewing the Milliman work product. of Total OPEB Liability is 60%. Thereafter, the County will contribute an amount each year to maintain the 60% funded status. GASB 74 and 75 require that a projection regarding future solvency of the OPEB plan be run each year. The projections assume that plan assets earn the assumed rate of return and there are no future changes in the plan provisions or actuarial methods and assumptions. We have run a solvency projection as prescribed in GASB 74 and 75 based on the County’s current funding policy, and the Fiduciary Net Position is always projected to be sufficient to cover benefit payments and administrative expenses. Therefore, we have used 6.15% as the discount rate. Health Cost Trend. We have assumed overall health costs of the medical benefits will increase according to the health cost inflation trend derived by using the “Getzen” model developed by the Society of Actuaries. A margin to reflect the impact of excise tax in future years is reflected in the assumed trend. Demographic Rates. The assumptions for turnover, retirement, and mortality used in this valuation are the same as the assumptions used in the December 31, 2017, pension actuarial report from the Contra Costa County Employees’ Retirement Association (CCCERA). A complete summary of the actuarial assumptions is presented in Appendix B. November 6, 2018 BOS Minutes 206 Milliman Milliman Client Report SECTION II. GASB 74 AND 75 EXHIBITS Contra Costa County Other Post Employment Benefits Plan 4 Actuarial Valuation as of January 1, 2018, and GASB 74 / 75 Disclosures as of June 30, 2018 This work product was prepared solely for the Contra Costa County for the purposes described herein and may not be appropriate to use for other purposes. Milliman does not intend to benefit and assumes no duty or liability to other parties who receive this work. Milliman Recommends that third parties be aided by their own actuary or other qualified professional when reviewing the Milliman work product. Exhibit 1. Net OPEB Liabilities The Valuation Date is January 1, 2018. This is the date as of which the actuarial valuation is performed. The Measurement Date is June 30, 2018, which is also the GASB 74 and 75 Reporting Date, for the fiscal year ending June 30, 2018. The Total OPEB Liability is projected to June 30, 2018, using standard actuarial techniques as permitted by GASB 74 and 75. The Fiduciary Net Position is the market value of assets as of the fiscal year ending June 30, 2018. For the Fiscal Year Ending June 30, 2018 June 30, 2017 Total OPEB Liability $ 932,187,000 $ 928,782,000 Fiduciary Net Position 269,670,000 235,216,000 Net OPEB Liability $ 662,517,000 $ 693,566,000 Fiduciary Net Position as a % of Total OPEB Liability 28.9% 25.3% Valuation Date 1/1/2018 01/01/2016 Measurement date 6/30/2018 06/30/2017 GASB 74/75 Reporting date 6/30/2018 06/30/2017 Discount Rate 6.15% 6.25% Money Weighted Rate of Return 5.49% 9.18% November 6, 2018 BOS Minutes 207 Milliman Milliman Client Report SECTION II. GASB 74 AND 75 EXHIBITS Contra Costa County Other Post Employment Benefits Plan 5 Actuarial Valuation as of January 1, 2018, and GASB 74 / 75 Disclosures as of June 30, 2018 This work product was prepared solely for the Contra Costa County for the purposes described herein and may not be appropriate to use for other purposes. Milliman does not intend to benefit and assumes no duty or liability to other parties who receive this work. Milliman Recommends that third parties be aided by their own actuary or other qualified professional when reviewing the Milliman work product. Exhibit 2. Sensitivity of Net OPEB Liabilities GASB 74/75 requires disclosure of the sensitivity of the Net OPEB Liability (NOL) to changes in the discount rate and health care cost trend rates. The liabilities shown below are based on a measurement date of June 30, 2018, and are applicable for the fiscal year ending June 30, 2018. Sensitivity of the Net OPEB Liability to changes in the discount rate The following table shows what the County’s Net OPEB Liability (NOL) would be if it were calculated using a discount rate that is 1 percentage point lower or 1 percentage point higher than the current discount rate. Sensitivity Analysis 1% Decrease in Discount Rate 5.15% Current Discount Rate 6.15% 1% Increase in Discount Rate 7.15% Net OPEB Liability as of June 30, 2018 $ 764,503,000 $ 662,517,000 $ 576,743,000 Sensitivity of the Net OPEB Liability to changes in the Healthcare Cost Trend Rates The following table shows what the County’s Net OPEB Liability (NOL) would be if it were calculated using a Healthcare cost trend that is 1 percentage point lower or 1 percentage point higher than the current Healthcare cost trend rates. Sensitivity Analysis 1% Decrease in Healthcare Costs Trend Rate Current Healthcare Costs Trend Rate 1% Increase in Healthcare Costs Trend Rate Net OPEB Liability as of June 30, 2018 $ 608,327,000 $ 662,517,000 $ 728,786,000 November 6, 2018 BOS Minutes 208 Milliman Milliman Client Report SECTION II. GASB 74 AND 75 EXHIBITS Contra Costa County Other Post Employment Benefits Plan 6 Actuarial Valuation as of January 1, 2018, and GASB 74 / 75 Disclosures as of June 30, 2018 This work product was prepared solely for the Contra Costa County for the purposes described herein and may not be appropriate to use for other purposes. Milliman does not intend to benefit and assumes no duty or liability to other parties who receive this work. Milliman Recommends that third parties be aided by their own actuary or other qualified professional when reviewing the Milliman work product. Exhibit 3. Changes in Net OPEB Liability The following exhibit shows a reconciliation of the Net OPEB Liability from the measurement date June 30, 2017, to June 30, 2018, to be reported for the fiscal year ending June 30, 2018. Increase / (Decrease) Total OPEB Liability Plan Fiduciary Net Position Net OPEB Liability Balance as of June 30, 2017 $ 928,782,000 $ 235,216,000 $ 693,566,000 Service cost $ 27,828,000 $ 0 $ 27,828,000 Interest on the total OPEB liability 58,068,000 0 58,068,000 Changes of benefit terms 0 0 0 Differences between actual and expected experience with regard to economic or demographic factors (45,206,000) 0 (45,206,000) Changes of assumptions 18,605,000 0 18,605,000 Benefit payments 1 (55,890,000) (55,890,000) 0 Contributions from employer 0 76,990,000 2 (76,990,000) Net investment income 0 13,354,000 (13,354,000) Administrative expense 0 0 0 Other changes 0 0 0 Total changes $ 3,405,000 $ 34,454,000 $ (31,049,000) Balance as of June 30, 2018 $ 932,187,000 $ 269,670,000 $ 662,517,000 1. The benefit payment shown is equal to the annual pay-as-you-go cost of $46,677,000 reported by the County for the fiscal year ending June 30, 2018, increased by $9,213,000 to reflect the estimated implicit subsidy. 2. The County contributed $21.1 million to the trust fund in FY 2017-18. The amount shown above includes both the contributions made to the trust and the pay-as-you-go benefit payment cost. November 6, 2018 BOS Minutes 209 Milliman Milliman Client Report SECTION II. GASB 74 AND 75 EXHIBITS Contra Costa County Other Post Employment Benefits Plan 7 Actuarial Valuation as of January 1, 2018, and GASB 74 / 75 Disclosures as of June 30, 2018 This work product was prepared solely for the Contra Costa County for the purposes described herein and may not be appropriate to use for other purposes. Milliman does not intend to benefit and assumes no duty or liability to other parties who receive this work. Milliman Recommends that third parties be aided by their own actuary or other qualified professional when reviewing the Milliman work product. Exhibit 4. Money Weighted Investment Return GASB 74 requires the disclosure of the money-weighted rate of return on plan investments. The money-weighted rate of return considers the changing amounts actually invested during a period and weights the amount of OPEB Trust investments by the proportion of time they are available to earn a return during that period. External cash flows are determined on a monthly basis and are assumed to occur at the beginning of each month. The Net External Cash Flows shown below represent employer contribution to the Trust. There were no cash outflows from the Trust during fiscal year. The money- weighted rate of return is calculated net of investment expenses. Net External Cash Flows Periods Invested Period Weight Net External Cash Flows with Interest Beginning Balance – July 1, 2017 $ 235,216,000 12 1.00 $ 248,135,000 Monthly Net External Cash Flows: July 0 12 1.00 0 August 0 11 0.92 0 September 0 10 0.83 0 October 5,040,000 9 0.75 5,247,000 November 0 8 0.67 0 December 0 7 0.58 0 January 5,000,000 6 0.50 5,135,000 February 0 5 0.42 0 March 0 4 0.33 0 April 5,000,000 3 0.25 5,067,000 May 0 2 0.17 0 June 6,060,000 1 0.08 6,086,000 Ending Value – June 30, 2018 $ 256,316,000 $ 269,670,000 Year Ending June 30 Money Weighted Investment Return 2018 5.49% 2017 9.18% November 6, 2018 BOS Minutes 210 Milliman Contra Costa County Other Post Employment Benefits Plan 8 Actuarial Valuation as of January 1, 2018, and GASB 74 / 75 Disclosures as of June 30, 2018 This work product was prepared solely for the Contra Costa County for the purposes described herein and may not be appropriate to use for other purposes. Milliman does not intend to benefit and assumes no duty or liability to other parties who receive this work. Milliman Recommends that third parties be aided by their own actuary or other qualified professional when reviewing the Milliman work product. Milliman Client Report SECTION III. GASB 75 EXHIBITS Exhibit 5. Calculation of OPEB Expense and Deferred Inflows/Outflows The following tables shows the development of the OPEB expense and deferred inflows/outflows of resources. For the Fiscal Year Ending OPEB Expense June 30, 2018 June 30, 2017 Service cost $ 27,828,000 $ 26,191,000 Interest on the total OPEB liability 58,068,000 56,298,000 Effect of plan changes 0 0 Administrative expense 0 0 Member contributions 0 0 Expected investment return, net of investment expenses (15,350,000) (12,880,000) Recognition of Deferred (Inflows)/Outflows of Resources Economic/demographic (gains) or losses (7,945,000) 0 Assumption changes or inputs 3,270,000 0 Investment (gains) or losses (766,000) (1,165,000) Total Recognition (5,441,000) (1,165,000) OPEB expense $ 65,105,000 $ 68,444,000 Deferred (Inflows) / Outflows of Resources Deferred Inflows of Resources Deferred Outflows of Resources Differences between expected and actual experience $ (37,261,000) $ 0 Changes of assumptions 0 15,335,000 Net difference between projected and actual earnings (3,495,000) 1,597,000 Contributions made subsequent to measurement date 0 0 Total $ (40,756,000) $ 16,932,000 Amounts currently reported as deferred inflows of resources and outflows of resources related to OPEB will be recognized in OPEB expense as follows: Fiscal Year Ending June 30 Recognized Deferred (Inflows) and Outflows of Resources 2019 $ (5,441,000) 2020 (5,441,000) 2021 (5,441,000) 2022 (4,275,000) 2023 (3,226,000) Thereafter 0 November 6, 2018 BOS Minutes 211 Milliman Contra Costa County Other Post Employment Benefits Plan 9 Actuarial Valuation as of January 1, 2018, and GASB 74 / 75 Disclosures as of June 30, 2018 This work product was prepared solely for the Contra Costa County for the purposes described herein and may not be appropriate to use for other purposes. Milliman does not intend to benefit and assumes no duty or liability to other parties who receive this work. Milliman Recommends that third parties be aided by their own actuary or other qualified professional when reviewing the Milliman work product. Milliman Client Report SECTION III. GASB 75 EXHIBITS Exhibit 6. Schedule of Deferred Inflows and Outflows of Resources Investment (gains)/losses are recognized in OPEB expense over a period of five years. Economic/demographic (gains)/losses and assumption changes or inputs are recognized over the average remaining service life for all active and inactive members. Since there is no expected future service for inactives, their remaining service is equal to zero for purposes of computing the average remaining service life. Date Established Original Amount Original Recognition Period Balance of Deferred (Inflows)/Outflows 06/30/2018 Remaining Recognition Period Amount Recognized in Expense 06/30/2018 Investment (gains) or losses 06/30/2018 $ 1,996,000 5.00 $ 1,597,000 5.00 $ 399,000 06/30/2017 (5,825,000) 5.00 (3,495,000) 4.00 (1,165,000) Total $ (1,898,000) $ (766,000) Economic/demographic (gains) or losses 06/30/2018 $ (45,206,000) 5.69 $ (37,261,000) 5.69 $ (7,945,000) 06/30/2017 0 5.52 0 4.52 0 Total $ (37,261,000) $ (7,945,000) Assumption changes 06/30/2018 $ 18,605,000 5.69 $ 15,335,000 5.69 $ 3,270,000 06/30/2017 0 5.52 0 4.52 0 Total $ 15,335,000 $ 3,270,000 November 6, 2018 BOS Minutes 212 Milliman Contra Costa County Other Post Employment Benefits Plan 10 Actuarial Valuation as of January 1, 2018, and GASB 74 / 75 Disclosures as of June 30, 2018 This work product was prepared solely for the Contra Costa County for the purposes described herein and may not be appropriate to use for other purposes. Milliman does not intend to benefit and assumes no duty or liability to other parties who receive this work. Milliman Recommends that third parties be aided by their own actuary or other qualified professional when reviewing the Milliman work product. Milliman Client Report SECTION III. GASB 75 EXHIBITS Exhibit 7. Total OPEB Liabilities by Entity The following table shows a breakdown of the County’s GASB 75 Total OPEB Liability by each entity shown below. As of June 30, 2018 Entity Total OPEB Liability Safety Non-Fire $ 240,594,000 CCC Fire 109,952,000 Hospital 179,044,000 CCHP 9,530,000 Airport 1,802,000 CCC Retirement System (Retired before January 1, 2015) 1,717,000 All Other CCC Departments 389,548,000 Total $ 932,187,000 November 6, 2018 BOS Minutes 213 Milliman Contra Costa County Other Post Employment Benefits Plan 11 Actuarial Valuation as of January 1, 2018, and GASB 74 / 75 Disclosures as of June 30, 2018 This work product was prepared solely for the Contra Costa County for the purposes described herein and may not be appropriate to use for other purposes. Milliman does not intend to benefit and assumes no duty or liability to other parties who receive this work. Milliman Recommends that third parties be aided by their own actuary or other qualified professional when reviewing the Milliman work product. Milliman Client Report SECTION IV. APPENDICES Appendix A. Summary of Plan Benefits The following description of retiree health benefits is intended to be only a brief summary and is not complete information. Eligibility Currently, employees may receive retiree health benefits if they retire from the County, are receiving a pension from CCCERA, and meet certain eligibility requirements as follows: General employees - age 50 with 10 years of pension service or age 70 with a vested pension, or after 30 years of pension service with no age requirement. Safety employees - age 50 with 10 years of pension service or age 70 with a vested pension, or after 20 years of pension service with no age requirement. Employees hired after December 31, 2006 and represented by the following bargaining groups (AFSCME, California Nurses Association, Deputy District Attorneys’ Association, Public Defenders Association, IFPTE, Western Council of Engineers, SEIU, PEU, Probation Peace Officers Association, and Unrepresented) also must have 15 years of County service. Employees hired on or after October 1, 2005, and represented by the Physicians’ and Dentists’ Organization also must have 15 years of County service. Health Benefits Currently, eligible retirees and their dependents are covered either under the Contra Costa Health Plans, Health Net plans, Kaiser plans, or health plans sponsored by CalPERS (PEMHCA). Coverage may be provided for a retiree and surviving spouse as long as retiree and surviving spouse monthly premium contributions are paid. The County may pay a subsidy toward eligible retirees’ monthly medical and dental premiums. This subsidy may vary by bargaining unit and date of hire as described in this appendix. Employees hired on or after dates described in the table below and represented by the following bargaining groups must pay the entire cost of premiums to maintain coverage. Bargaining Unit Name Hire Date on or after which eligible retirees must pay entire cost of premiums IFPTE, Unrepresented January 1, 2009 AFSCME, Western Council of Engineers, SEIU, and PEU January 1, 2010 Deputy District Attorneys Association December 14, 2010 Probation Peace Officers Association of CCC January 1, 2011 CCC Public Defenders Association March 1, 2011 All surviving spouses must pay the entire cost of premiums to maintain coverage, with the exception of the following bargaining groups for whom the surviving spouse receives the same County subsidy as the retiree (covered by CalPERS health plans): Sheriff (A8), Fire Chief (BD), Sworn Exec. Mgmt. (BS), Fire Management (HA), Deputy Sheriffs (V#, VH, VN), Fire Suppression and Prevention (4N), Fire District Safety Management (BF), and D.A. Investigators (XJ). November 6, 2018 BOS Minutes 214 Milliman Contra Costa County Other Post Employment Benefits Plan 12 Actuarial Valuation as of January 1, 2018, and GASB 74 / 75 Disclosures as of June 30, 2018 This work product was prepared solely for the Contra Costa County for the purposes described herein and may not be appropriate to use for other purposes. Milliman does not intend to benefit and assumes no duty or liability to other parties who receive this work. Milliman Recommends that third parties be aided by their own actuary or other qualified professional when reviewing the Milliman work product. Milliman Client Report SECTION IV. APPENDICES Bargaining Units V#, VH, VN, F8, FW and Elected (Safety) Officials / Sworn Management Employees in (A8, B8, BS) Currently, for eligible retirees from the bargaining units listed in the table below, the County will contribute toward the cost of monthly premiums (medical and dental) an amount equal to the actual dollar monthly premium amount paid by the County as of November 30, 2013, at each coverage level, plus 50% of the actual premium increase for 2014 and all future years. Retirees who elected dental coverage without health coverage will pay one cent ($0.01) per month for 2013, plus 50% of the actual premium increase for 2014 and all future years. Bargaining Unit Code Bargaining Unit Name General / Safety F8 Unrep Classified & Exempt-Othr General FW Unrep Cl & Ex-Sworn Peace Offc Safety V# Sheriff's Sworn Mgmt Unit Safety VH Deputy Sheriff's Unit-Sworn Safety VN Deputy Sheriff's Unit-NonSworn General BS Sworn Management Employees Safety A8 Elected Officials (DSA) Safety B8 Elected Officials (DSA) Safety For employees hired between January 2, 2007, and September 30, 2011, and represented by the Deputy Sheriffs’ Association, the County subsidy is subject to a vesting schedule as shown in the table below. Credited Years of Service Percentage of Employer Contribution 10 50 11 55 12 60 13 65 14 70 15 75 16 80 17 85 18 90 19 95 20 or more 100 November 6, 2018 BOS Minutes 215 Milliman Contra Costa County Other Post Employment Benefits Plan 13 Actuarial Valuation as of January 1, 2018, and GASB 74 / 75 Disclosures as of June 30, 2018 This work product was prepared solely for the Contra Costa County for the purposes described herein and may not be appropriate to use for other purposes. Milliman does not intend to benefit and assumes no duty or liability to other parties who receive this work. Milliman Recommends that third parties be aided by their own actuary or other qualified professional when reviewing the Milliman work product. Milliman Client Report SECTION IV. APPENDICES Bargaining Unit HA – Fire Management Currently, for eligible Fire Management retirees represented by United Chief Officers Association (UCOA) with bargaining unit code HA, the County will subsidize an amount equal to 80% of the CalPERS Kaiser Bay Area premium at each coverage level (employee only, employee + one, employee + two or more) for any region in which the retiree resides, but the County’s subsidy will not exceed the total premium of a lower cost plan. Health Premium Subsidy on or after December 1, 2016: For the plan year that begins on January 1, 2017 and each calendar year thereafter, the maximum monthly premium subsidy the District will pay for each health plan is equal to the actual dollar monthly premium subsidy that is paid by the District for that plan as of November 30, 2016. In addition, if there is an increase in the monthly premium charged by a health plan for 2017, the District and the employee will each pay fifty percent (50%) of that increase. For each plan year thereafter, and for each plan, the District and the employee will each pay fifty (50%) of the monthly premium increase above the 2016 plan premiums. Dental Subsidy for Retirees with Medical Coverage: For eligible retirees from bargaining unit HA enrolled in both a medical and dental plan, for the plan year that begins on January 1, 2016, the District will pay a monthly premium subsidy for each dental plan that is equal to the actual dollar monthly premium subsidy that is paid by the District as of November 30, 2015. In addition, if there is an increase in the monthly premium charged by a dental plan for 2016, the District and the employee will each pay fifty percent (50%) of that increase. For each plan year thereafter, the District and the employee will each pay fifty percent (50%) of the monthly premium increase above the 2015 plan premium. Dental Subsidy for Retirees without Medical Coverage: For eligible retirees from bargaining unit HA enrolled in a dental plan only without health coverage, beginning on January 1, 2016, the District will pay a monthly dental premium subsidy for each dental plan that is equal to the actual dollar monthly premium subsidy that is paid by the District for 2015. If there is an increase in the premium charged by a dental plan for 2016, the District and the employee will each pay fifty percent (50%) of the increase. For each plan year thereafter, the District and the employee will each pay fifty percent (50%) of the premium increase that is above the 2015 plan premium. November 6, 2018 BOS Minutes 216 Milliman Contra Costa County Other Post Employment Benefits Plan 14 Actuarial Valuation as of January 1, 2018, and GASB 74 / 75 Disclosures as of June 30, 2018 This work product was prepared solely for the Contra Costa County for the purposes described herein and may not be appropriate to use for other purposes. Milliman does not intend to benefit and assumes no duty or liability to other parties who receive this work. Milliman Recommends that third parties be aided by their own actuary or other qualified professional when reviewing the Milliman work product. Milliman Client Report SECTION IV. APPENDICES Bargaining Unit XJ – D.A. Investigators Health Premium Subsidy: For the plan year that begins on January 1, 2015, the County will pay the following monthly medical premium subsidy: Coverage Monthly Premium Subsidy Employee/Retiree/Survivor Only $ 608.87 Employee/Retiree/Survivor & One Dependent 1,217.74 Employee/Retiree/Survivor & Two or more Dependents 1,583.07 In addition, if there is an increase in the monthly premium charged by a health plan for 2015 that exceeds the above stated amounts, the County and the retiree will each pay fifty percent (50%) of that increase. For 2016, the County premium subsidy varies by plan depending on the actual premium increase that occurred for each plan. For each calendar year thereafter, the County and the retiree will each pay fifty percent (50%) of any premium increase for each health plan. Dental Premium Subsidy: For the plan year that begins on January 1, 2015, the County will pay the following monthly dental premium subsidy: With Health Without Health Coverage Delta Dental DeltaCare (PMI) Delta Dental DeltaCare (PMI) Single $ 32.69 $ 22.30 $ 42.44 $ 28.91 Family 73.64 48.19 95.62 61.49 In addition, if there is an increase in the monthly premium charged by a health plan for 2015 that exceeds the above stated amounts, the County and the retiree will each pay fifty percent (50%) of that increase. For each calendar year thereafter, the County and the retiree will each pay fifty percent (50%) of any premium increase for each dental plan. Bargaining Unit 4N - Fire Suppression and Prevention Health Premium Subsidy: For 2016 and each calendar year thereafter, the prior year’s District subsidy for each medical plan and rate tier will increase by 50% of the actual premium increase in the medical plan and rate tier in which the member is enrolled. Dental Premium Subsidy: For eligible retirees from bargaining unit 4N enrolled in both a medical and dental plan, the District will pay a subsidy equal to 50% of the cost of monthly dental premiums in 2016 and later. For retirees enrolled only in a dental plan, retirees are required to pay $0.01 per month for dental coverage. For 2016 and later, the required monthly contribution from retirees would increase each year by 50% of the dental premium increase. November 6, 2018 BOS Minutes 217 Milliman Contra Costa County Other Post Employment Benefits Plan 15 Actuarial Valuation as of January 1, 2018, and GASB 74 / 75 Disclosures as of June 30, 2018 This work product was prepared solely for the Contra Costa County for the purposes described herein and may not be appropriate to use for other purposes. Milliman does not intend to benefit and assumes no duty or liability to other parties who receive this work. Milliman Recommends that third parties be aided by their own actuary or other qualified professional when reviewing the Milliman work product. Milliman Client Report SECTION IV. APPENDICES Bargaining Units 1P (plus formerly 1R and 1X) – Physicians & Dentists Beginning on January 1, 2015, and for each calendar year thereafter, the County will pay a monthly dollar premium subsidy for each health and dental plan (County Premium Subsidy) as defined for each plan in the table below. Health Plan Frozen Subsidy Amount Contra Costa Health Plan A Retiree on Basic Plan $ 600.51 Retiree & 1 or more dependents on Basic Plan 1,430.76 Retiree on Medicare COB Plan 279.22 Retiree & Spouse on Medicare COB Plan 558.44 Family, 1 on Medicare COB Plan, and 1 or more on Basic Plan 1,234.35 Contra Costa Health Plan B Retiree on Basic Plan $ 611.34 Retiree & 1 or more dependents on Basic Plan 1,452.65 Retiree on Medicare COB Plan 287.59 Retiree & Spouse on Medicare COB Plan 575.18 Family, 1 on Medicare COB Plan, and 1 or more on Basic Plan 1,271.37 Kaiser Permanente Retiree on Basic Plan $ 614.78 Retiree & 1 or more dependents on Basic Plan 1,432.42 Retiree on Medicare Senior Advantage Plan 295.00 Retiree & 1 dependent on Medicare Senior Advantage Plan 796.70 Retiree on Medicare Sr. Adv. Plan, and 1 or more dependents on Basic Plan 1,158.55 Health Net HMO Retiree on Basic Plan $ 853.92 Retiree & 1 or more dependents on Basic Plan 2,094.74 Retiree on Medicare Seniority Plus Plan 514.27 Retiree & 1 dependent on Medicare Seniority Plus Plan 1,028.55 Retiree on Medicare Sr. Plus Plan, and 1 or more dependents on Basic Plan 1,370.24 Health Net Medicare COB Retiree only $ 563.32 Retiree & spouse 1,126.65 Health Net CA & Nat’l PPO – Basic Plan A Retiree on PPO $ 753.81 Retiree & 1 or more dependents on PPO Basic Plan 1,790.70 Retiree on PPO Medicare Plan with Medicare Part A & B 618.43 Retiree & 1 or more dependents on PPO Medicare Plan with Medicare Part A & B 1,236.73 The amount of the County subsidy that is paid for employees and eligible family members for these plans will thereafter be a set dollar amount and will not be a percentage of the premium charged by the health or dental plan. Retirees must pay for 100% of any premium increases after 2015. November 6, 2018 BOS Minutes 218 Milliman Contra Costa County Other Post Employment Benefits Plan 16 Actuarial Valuation as of January 1, 2018, and GASB 74 / 75 Disclosures as of June 30, 2018 This work product was prepared solely for the Contra Costa County for the purposes described herein and may not be appropriate to use for other purposes. Milliman does not intend to benefit and assumes no duty or liability to other parties who receive this work. Milliman Recommends that third parties be aided by their own actuary or other qualified professional when reviewing the Milliman work product. Milliman Client Report SECTION IV. APPENDICES Bargaining Unit L3 – Registered Nurses Unit Currently, for eligible retirees from the bargaining unit L3, the County subsidizes a percentage of monthly premiums that varies depending on the medical and dental plan elected. Retirees retired on or before 06/30/2012 and age 65 on or before 10/31/2012 also receive reimbursement of their Medicare Part B premiums as long as the total County subsidy does not exceed 100% of the medical plan premium. Retirees receive the following County subsidy based on the medical plan elected: Medical Plan County Subsidy % (Medical) County Subsidy % (Dental) Contra Costa Health Plan A and B Without Dental 98% 0% With Delta Dental 98% 98% With PMI Delta Dental 98% 98% Kaiser, Health Net HMO Without Dental 80% 0% With Delta Dental 80% 78% With PMI Delta Dental 80% 78% Health Net PPO Without Dental 54%* 0% With Delta Dental 54%*78% With PMI Delta Dental 54%*78% Dental Only 0% All but $0.01 / month  Approximately 54% for 2018. Future increases are split evenly between the County and the retiree. November 6, 2018 BOS Minutes 219 Milliman Contra Costa County Other Post Employment Benefits Plan 17 Actuarial Valuation as of January 1, 2018, and GASB 74 / 75 Disclosures as of June 30, 2018 This work product was prepared solely for the Contra Costa County for the purposes described herein and may not be appropriate to use for other purposes. Milliman does not intend to benefit and assumes no duty or liability to other parties who receive this work. Milliman Recommends that third parties be aided by their own actuary or other qualified professional when reviewing the Milliman work product. Milliman Client Report SECTION IV. APPENDICES All other Bargaining Units - County Subsidy Frozen at the 2011 Level Currently, eligible retirees from the following bargaining units listed may receive County subsidies towards medical and dental premiums. The subsidies are frozen at the 2011 levels shown in the tables on pages 19-20. There are no future increases to these subsidy amounts except as defined on page 19 for certain retirees who retired before January 1, 2016. Bargaining Unit Code Bargaining Unit Name General / Safety Bargaining Unit Code Bargaining Unit Name General / Safety 25 Social Services Unit General KL Engineering Technician Unit General 51 Professional Engineers Unit General KM Sheriff's Non-Sworn Mgmt Unit General 999 DEFAULT BARGAINING UNIT General KU Probation Supervisors Unit General 2I Service Line Supervisors Unit General KZ Social Svcs Staff Special Unit General 2R Superior Court Reporters-Ex General MA District Attorneys' Unit General 2S Safety Classifications General N2 Property Appraisers Unit General 3A Superior Court Clerical Unit General PK Probation Supervisors Unit Safety 3B Superior Court Barg Unit-Loc1 General PP Probation Unit of CCC Safety 3G Deputy Clerks Unit General Q3 Safety Health Services Unit General 3R General Clerical Unit General QA Agriculture & Animal Ctrl Unit General 8P Special Co Class Codes-Payroll General QB LVN/Aide Unit General A8 Elected Officials (Non-DSA) General QC Fam/Chld Svs Site Supv Unit General AJ Elected Superior Court Judges General QE Building Trades Unit General AM Elected Municipal Court Judges General QF Deputy Public Defender Unit/At General AS Elected Board of Supvs Members General QG Deputy Public Defender Unit-In General B1 Safety Unrep District Attorney General QH Family and Childrens Services General B2 Safety Unrep Probation Classes General QM Engineering Unit General B3 Safety Unrep Misc Classes General QS General Services & Mtce Unit General B8 Mgmt (Non-Safety) General QT Health Services Unit General BC Superior Court Exempt Mgmt Gen General QV Investigative Unit General BD Mgmt Classified & Ex Dept Head General QW Legal & Court Clerk Unit General BJ Sup Ct Judicial Ofcrs Ex-Mgmt General QX Library Unit General C8 Management Project-Other General QY Probation Unit General CH CS Head Start Mgmt-Project General TA LVN/Aide Unit General D8 Unrepresented Proj Class-Other General TB General Services & Mtce Unit General F2 Unrep Property Appraisers General TC Health Services Unit General FC Unrep Superior Ct Clerical Ex General VK Probation Supervisors Unit Safety FD Unrep Superior Ct Other Exempt General VP Probation Unit of CCC Safety FM Unrep Muni Ct Reporter-Exempt General Z1 Supervisory Project General FR Unrep Superior Ct Reptrs-Exemp General Z2 Non-Supervisory Project General JD CCC Defenders/Attorneys General ZA Supervisory Management General JF CCC Defenders/Investigators General ZB Non-Supervisory Management General K2 Property Appraisers Unit General ZL Supervisory Nurse General K5 Court Professional Svcs Unit General ZM Local 21 - Unit C General K6 Supervisory Clerical Unit General ZN Non-Supervisory Nurse General KK Income Maintence Program Unit General November 6, 2018 BOS Minutes 220 Milliman Contra Costa County Other Post Employment Benefits Plan 18 Actuarial Valuation as of January 1, 2018, and GASB 74 / 75 Disclosures as of June 30, 2018 This work product was prepared solely for the Contra Costa County for the purposes described herein and may not be appropriate to use for other purposes. Milliman does not intend to benefit and assumes no duty or liability to other parties who receive this work. Milliman Recommends that third parties be aided by their own actuary or other qualified professional when reviewing the Milliman work product. Milliman Client Report SECTION IV. APPENDICES Health Insurance Premium Rates (non-PEMHCA) The following table shows monthly retiree health insurance premiums for the 2018 calendar year for coverage under various health plans sponsored by Contra Costa County, and the County’s subsidies. The County’s maximum frozen subsidies and subsidies in effect for 2018 are shown. Effective January 1, 2021 for certain retirees who retired before January 1, 2016, the amount of the County monthly medical plan premium maximum subsidy will increase by $25 for the Medicare retiree only tier, the retiree plus one dependent on Medicare tier, and the retiree plus two or more dependents on Medicare tier. Medical Plan County’s Maximum Subsidy (Frozen) 2018 Premium Rate County’s Subsidy for 2018 Retiree’s Share for 2018 Contra Costa Health Plan A Retiree on Basic Plan $ 509.92 $ 744.86 $ 509.92 $ 234.94 Retiree & 1 dependent on Basic Plan 1,214.90 1,489.72 1,214.90 274.82 Retiree & 2 or more dependents on Basic Plan (pre 2016 ret) 1,364.90 2,234.58 1,364.90 869.67 Retiree & 2 or more dependents on Basic Plan (post 2015 ret) 1,214.90 2,234.58 1,214.90 1,019.68 Pre 2016 and Post 2015 Retirees Retiree on Medicare Coordination of Benefits (COB) Plan 420.27 369.69 369.68 0.01 Retiree & 1 or more dependents on Medicare COB Plan 1,035.60 739.39 739.38 0.01 Contra Costa Health Plan B Retiree on Basic Plan 528.50 825.69 528.50 297.19 Retiree & 1 dependent on Basic Plan 1,255.79 1,651.38 1,255.79 395.59 Retiree & 2 or more dependents on Basic Plan (pre 2016 ret) 1,405.79 2,477.07 1,405.79 1,071.28 Retiree & 2 or more dependents on Basic Plan (post 2015 ret) 1,255.79 2,477.07 1,255.79 1,221.28 Pre 2016 and Post 2015 Retirees Retiree on Medicare COB Plan 444.63 380.78 380.77 0.01 Retiree & 1 or more dependents on Medicare COB Plan 1,088.06 761.56 761.55 0.01 November 6, 2018 BOS Minutes 221 Milliman Contra Costa County Other Post Employment Benefits Plan 19 Actuarial Valuation as of January 1, 2018, and GASB 74 / 75 Disclosures as of June 30, 2018 This work product was prepared solely for the Contra Costa County for the purposes described herein and may not be appropriate to use for other purposes. Milliman does not intend to benefit and assumes no duty or liability to other parties who receive this work. Milliman Recommends that third parties be aided by their own actuary or other qualified professional when reviewing the Milliman work product. Milliman Client Report SECTION IV. APPENDICES Health Insurance Premium Rates (Non-PEMHCA continued) Medical Plan County’s Maximum Subsidy (Frozen) 2018 Premium Rate County’s Subsidy for 2018 Retiree’s Share for 2018 Kaiser Permanente – Plan A Retiree on Basic Plan $ 478.91 $ 783.86 $ 478.91 $ 304.95 Retiree & 1 dependent on Basic Plan 1,115.84 1,567.71 1,115.84 451.87 Retiree & 2 or more dependents on Basic Plan (pre 2016 ret) 1,265.84 2,351.57 1,265.84 1,085.73 Retiree & 2 or more dependents on Basic Plan (post 2015 ret) 1,115.84 2,351.57 1,115.84 1,235.73 Pre 2016 and Post 2015 Retirees Retiree on Medicare COB Plan 263.94 351.15 263.94 $87.21 Retiree & 1 dependent on Medicare COB Plan 712.79 948.34 712.79 235.55 Retiree & 2 dependents on Medicare COB Plan 1,161.65 948.34 948.33 0.01 Kaiser Permanente – Plan B Retiree on Basic Plan 478.91 623.05 478.91 144.14 Retiree & 1 dependent on Basic Plan 1,115.84 1,246.10 1,115.84 130.26 Retiree & 2 or more dependents on Basic Plan (pre 2016 ret) 1,265.84 1,869.15 1,265.84 603.30 Retiree & 2 or more dependents on Basic Plan (post 2015 ret) 1,115.84 1,869.15 1,115.84 753.31 Pre 2016 and Post 2015 Retirees Retiree on Medicare COB Plan 263.94 266.25 263.94 $2.31 Retiree & 1 dependent on Medicare COB Plan 712.79 718.89 712.79 6.10 Retiree & 2 dependents on Medicare COB Plan 1,161.65 718.89 718.88 0.01 Kaiser Permanente – High Deductible Retiree on Basic Plan 478.91 499.94 478.91 21.03 Retiree & 1 dependent on Basic Plan 999.87 999.88 999.87 0.01 Retiree & 2 or more dependents on Basic Plan (pre 2016 ret) 1,265.84 1,499.82 1,265.84 233.98 Retiree & 2 or more dependents on Basic Plan (post 2015 ret) 1,115.84 1,499.82 1,115.84 383.98 Teamsters 856 Trust Fund KP Health Plan Retiree on Basic Plan 478.91 655.00 478.91 176.09 Retiree & 1 dependent on Basic Plan 1,115.84 1,245.00 1,115.84 129.16 Retiree & 2 or more dependents on Basic Plan (pre 2016 ret) 1,265.84 1,736.00 1,265.84 470.16 Retiree & 2 or more dependents on Basic Plan (post 2015 ret) 1,115.84 1,736.00 1,115.84 620.16 November 6, 2018 BOS Minutes 222 Milliman Contra Costa County Other Post Employment Benefits Plan 20 Actuarial Valuation as of January 1, 2018, and GASB 74 / 75 Disclosures as of June 30, 2018 This work product was prepared solely for the Contra Costa County for the purposes described herein and may not be appropriate to use for other purposes. Milliman does not intend to benefit and assumes no duty or liability to other parties who receive this work. Milliman Recommends that third parties be aided by their own actuary or other qualified professional when reviewing the Milliman work product. Milliman Client Report SECTION IV. APPENDICES Health Insurance Premium Rates (Non-PEMHCA continued) Medical Plan County’s Maximum Subsidy (Frozen) 2018 Premium Rate County’s Subsidy for 2018 Retiree’s Share for 2018 Health Net HMO – Plan A Retiree on Basic Plan 627.79 1,512.68 627.79 884.89 Retiree & 1 dependent on Basic Plan 1,540.02 3,025.36 1,540.02 1,485.34 Retiree & 2 or more dependents on Basic Plan (pre 2016 ret) 1,690.02 4,538.04 1,690.02 2,848.02 Retiree & 2 or more dependents on Basic Plan (post 2015 ret) 1,540.02 4,538.04 1,540.02 2,998.02 Pre 2016 and Post 2015 Retirees Retiree on Medicare Seniority Plus Plan 409.69 567.59 409.69 157.90 Retiree & 1 dependent on Medicare Seniority Plus Plan 819.38 1,135.18 819.38 315.80 Retiree & 2 dependents on Medicare Seniority Plus Plan 1,229.07 1,702.77 1,229.07 473.70 Health Net HMO – Plan B Retiree on Basic Plan 627.79 1,051.89 627.79 424.10 Retiree & 1 dependent on Basic Plan 1,540.02 2,103.78 1,540.02 563.76 Retiree & 2 or more dependents on Basic Plan (pre 2016 ret) 1,690.02 3,155.67 1,690.02 1,465.65 Retiree & 2 or more dependents on Basic Plan (post 2015 ret) 1,540.02 3,155.67 1,540.02 1,615.65 Pre 2016 and Post 2015 Retirees Retiree on Medicare Seniority Plus Plan 409.69 476.49 409.69 66.80 Retiree & 1 dependent on Medicare Seniority Plus Plan 819.38 952.98 819.38 133.60 Retiree & 2 dependents on Medicare Seniority Plus Plan 1,229.07 1,429.47 1,229.07 200.40 Health Net Medicare COB Plan A Pre 2016 and Post 2015 Retirees Retiree only 467.13 772.06 467.13 304.93 Retiree & 1 dependent on Medicare COB 934.29 1,544.12 934.29 609.83 Retiree & 2 dependents on Medicare COB 934.29 2,316.18 934.29 1,381.89 Health Net Medicare COB Plan B Pre 2016 and Post 2015 Retirees Retiree only 467.13 717.81 467.13 250.68 Retiree & 1 dependent on Medicare COB 934.29 1,435.62 934.29 501.33 November 6, 2018 BOS Minutes 223 Milliman Contra Costa County Other Post Employment Benefits Plan 21 Actuarial Valuation as of January 1, 2018, and GASB 74 / 75 Disclosures as of June 30, 2018 This work product was prepared solely for the Contra Costa County for the purposes described herein and may not be appropriate to use for other purposes. Milliman does not intend to benefit and assumes no duty or liability to other parties who receive this work. Milliman Recommends that third parties be aided by their own actuary or other qualified professional when reviewing the Milliman work product. Milliman Client Report SECTION IV. APPENDICES Health Insurance Premium Rates (Non-PEMHCA continued). Medical Plan County’s Subsidy (Frozen in 2011) 2018 Premium Rate County’s Subsidy for 2018 Retiree’s Share for 2018 Health Net CA & Nat’l PPO – Basic Plan A Retiree on Basic Plan 604.60 2,039.71 604.60 1,435.11 Retiree & 1 dependent on Basic Plan 1,436.25 4,079.42 1,436.25 2,643.17 Retiree & 2 or more dependents on Basic Plan (pre 2016 ret) 1,586.28 6,119.13 1,586.25 4,532.88 Retiree & 2 or more dependents on Basic Plan (post 2015 ret) 1,436.25 6,119.13 1,436.25 4,682.88 Pre 2016 and Post 2015 Retirees Retiree on PPO Medicare Plan B 563.17 1,113.11 563.17 549.94 Retiree & 1 dependent on PPO Medicare Plan 1,126.24 2,226.22 1,126.24 1,099.98 Retiree & 2 dependents on PPO Medicare Plan 1,126.24 3,339.33 1,126.24 2,213.09 Health Net CA & Nat’l PPO – Basic Plan B Retiree on Basic Plan 604.60 1,836.24 604.60 1,231.64 Retiree & 1 dependent on Basic Plan 1,436.25 3,672.48 1,436.25 2,236.23 Retiree & 2 or more dependents on Basic Plan (pre 2016 ret) 1,586.28 5,508.72 1,586.28 3,922.47 Retiree & 2 or more dependents on Basic Plan (post 2015 ret) 1,436.25 5,508.72 1,436.25 4,072.47 Pre 2016 and Post 2015 Retirees Retiree on PPO Medicare Plan 563.17 924.45 563.17 361.28 Retiree & 1 dependent on PPO Medicare Plan 1,126.24 1,848.90 1,126.24 722.66 Retiree & 2 dependents on PPO Medicare Plan 1,126.24 2,773.35 1,126.24 1,647.11 November 6, 2018 BOS Minutes 224 Milliman Contra Costa County Other Post Employment Benefits Plan 22 Actuarial Valuation as of January 1, 2018, and GASB 74 / 75 Disclosures as of June 30, 2018 This work product was prepared solely for the Contra Costa County for the purposes described herein and may not be appropriate to use for other purposes. Milliman does not intend to benefit and assumes no duty or liability to other parties who receive this work. Milliman Recommends that third parties be aided by their own actuary or other qualified professional when reviewing the Milliman work product. Milliman Client Report SECTION IV. APPENDICES PEMHCA Health Plan Premium Rates Eligible retirees from the bargaining units 4N, A8, B8, BD, BF, BS, F8, FW, HA, V#, VH, VN, and XJ can choose to enroll in health plans sponsored by CalPERS based on their residence region (Bay Area, Sacramento, Los Angeles, Northern California, Southern California and Out of State of California). The following table shows the monthly Bay Area retiree health insurance premiums for the 2018 calendar year: Monthly Premium Rates – Effective January 1, 2018 Single 2-Party Family Under 65 Over 65 Under 65 Over 65 Under 65 Over 65 Anthem HMO Select $ 856.41 $ 1,712.82 $ 2,226.67 Anthem HMO Traditional 925.47 $370.34 1,850.94 $740.68 2,406.22 $1,111.02 Blue Shield Access+ 889.02 1,778.04 2,311.45 Health Net SmartCare 863.48 1,726.96 2,245.05 Kaiser 779.86 316.34 1,559.72 632.68 2,027.64 949.02 PERS Choice 800.27 345.97 1,600.54 691.94 2,080.70 1,037.91 PERS Select 717.50 345.97 1,435.00 691.94 1,865.50 1,037.91 PERSCare 882.45 382.30 1,764.90 764.60 2,294.37 1,146.90 United Healthcare 1,371.84 330.76 2,743.68 661.52 3,566.78 992.28 Western Health Advantage 792.56 1,585.12 2,060.66 PORAC 734.00 487.00 1,540.00 970.00 1,970.00 1,551.00 Contra Costa Health Plan* 949.26 815.26 1,898.52 1,630.52 2,468.08 2,066.08 * Offered by the Contra Costa County Health Plan to Contra Costa County employees only. Not available through PEMHCA Dental Plan Premiums The following table shows monthly retiree dental insurance premiums for the 2018 calendar year. County subsidies vary based on retiree’s medical plan enrollment election and bargaining unit upon retirement. Plan Monthly Premiums Delta Dental - $1,800 Annual Maximum Retiree $ 45.16 Family 102.00 Delta Dental - $1,600 Annual Maximum Retiree $ 43.30 Family 97.54 Delta Care (PMI) Retiree $ 29.06 Family 62.81 November 6, 2018 BOS Minutes 225 Milliman Contra Costa County Other Post Employment Benefits Plan 23 Actuarial Valuation as of January 1, 2018, and GASB 74 / 75 Disclosures as of June 30, 2018 This work product was prepared solely for the Contra Costa County for the purposes described herein and may not be appropriate to use for other purposes. Milliman does not intend to benefit and assumes no duty or liability to other parties who receive this work. Milliman Recommends that third parties be aided by their own actuary or other qualified professional when reviewing the Milliman work product. Milliman Client Report SECTION IV. APPENDICES Appendix B. Actuarial Cost Method and Assumptions Actuarial Cost Method The actuarial cost method used for determining the benefit obligations is the individual Entry Age Normal Cost Method. Under the principles of this method, the actuarial present value of the projected benefits of each individual included in the valuation is allocated as a level percentage of expected salary for each year of employment between entry age (defined as age at hire) and assumed exit. The portion of this actuarial present value allocated to a valuation year is called the normal cost. The portion of this actuarial present value not provided for at a valuation date by the sum of (a) the actuarial value of the assets, and (b) the actuarial present value of future normal costs is called the Unfunded Actuarial Accrued Liability (UAAL). The Actuarial Value of Assets is equal to the market value of assets as of the measurement date. The actuarial assumptions are summarized below. Economic Assumptions Discount Rate (Liabilities) 6.15% General Inflation 2.75% We have used a discount rate of 6.15% in this valuation to reflect the County’s current policy of partially funding its OPEB liabilities. This rate is derived based on the fund’s investment policy, level of partial funding, and includes a 2.75% long-term inflation assumption. County OPEB Irrevocable Trust assets are invested in the Public Agency Retirement Services’ Highmark Portfolio. Based on the portfolio’s target allocation (shown below), the average return of Trust assets over the next 50 years is expected to be 6.12%. Asset Class Expected 1-Year Nominal Return Targeted Asset Allocation Domestic Equity Large Cap 7.10% 17.0% Domestic Equity Mid Cap 7.70% 6.0% Domestic Equity Small Cap 8.42% 8.0% U.S. Fixed Income 4.98% 38.0% International 8.43% 9.0% Global Equity (Developed) 7.83% 7.0% Real Estate 7.79% 4.0% Cash 3.08% 1.0% Alternatives 6.69% 10.0% Expected Arithmetic Mean Annual Return (50 years) 6.55% Expected Geometric Median Annual Return (50 years) 6.12% November 6, 2018 BOS Minutes 226 Milliman Contra Costa County Other Post Employment Benefits Plan 24 Actuarial Valuation as of January 1, 2018, and GASB 74 / 75 Disclosures as of June 30, 2018 This work product was prepared solely for the Contra Costa County for the purposes described herein and may not be appropriate to use for other purposes. Milliman does not intend to benefit and assumes no duty or liability to other parties who receive this work. Milliman Recommends that third parties be aided by their own actuary or other qualified professional when reviewing the Milliman work product. Milliman Client Report SECTION IV. APPENDICES Assumed Salary Increases (Applied to Individual Entry Age Normal Cost Method) The assumed annual rates of compensation increases used for the EAN actuarial cost method are the same as the assumption used in the December 31, 2016 CCCERA Actuarial Valuation. Years of Service General Safety Less than 1 13.59% 14.11% 1 10.75% 10.75% 2 8.69% 9.20% 3 7.14% 7.91% 4 6.10% 6.36% 5 5.59% 5.07% 6 5.07% 4.55% 7 4.81% 4.50% 8 4.55% 4.45% 9 4.50% 4.40% 10 4.45% 4.35% 11 4.40% 4.30% 12 4.30% 4.24% 13 4.19% 4.14% 14 4.09% 4.09% 15+ 4.04% 4.04% Demographic Assumptions Below is a summary of the assumed rates for mortality, retirement, disability and withdrawal, which are consistent with assumptions used in the December 31, 2016 CCCERA Actuarial Valuation. Post Retirement Mortality Healthy: For General Members: Headcount-Weighted RP-2014 Healthy Annuitant Mortality Table, projected generationally with the two-dimensional MP-2015 projection scale. For Safety Members: Headcount-Weighted RP-2014 Healthy Annuitant Mortality Table set back three years, projected generationally with the two-dimensional MP-2015 projection scale. Disabled: For General Members: Headcount-Weighted RP-2014 Healthy Annuitant Mortality Table set forward eight years, projected generationally with the two-dimensional MP-2015 projection scale. For Safety Members: Headcount-Weighted RP-2014 Healthy Annuitant Mortality Table set forward three years, projected generationally with the two-dimensional MP-2015 projection scale. Beneficiaries: Beneficiaries are assumed to have the same mortality as a General Member of the opposite sex who had taken a service (non-disability) retirement. November 6, 2018 BOS Minutes 227 Milliman Contra Costa County Other Post Employment Benefits Plan 25 Actuarial Valuation as of January 1, 2018, and GASB 74 / 75 Disclosures as of June 30, 2018 This work product was prepared solely for the Contra Costa County for the purposes described herein and may not be appropriate to use for other purposes. Milliman does not intend to benefit and assumes no duty or liability to other parties who receive this work. Milliman Recommends that third parties be aided by their own actuary or other qualified professional when reviewing the Milliman work product. Milliman Client Report SECTION IV. APPENDICES Pre Retirement Mortality Headcount-Weighted RP-2014 Healthy Annuitant Mortality Table times 75%, projected generationally with the two-dimensional MP-2015 projection scale. Disability Age General Tier 3 / PEPRA Safety (All Tiers) 20 0.01% 0.02% 25 0.02% 0.22% 30 0.03% 0.42% 35 0.05% 0.56% 40 0.08% 0.66% 45 0.13% 1.00% 50 0.16% 2.88% Retirement – For this valuation, we have applied the Tier 3 rates for all General employees and Tier A rates for all Safety employees since nearly all current employees are in these two pension tiers, with the exception of those who were hired after January 1, 2013 as the PEPRA tiers. Age General Tier 3 General PEPRA Safety Tier A Safety PEPRA 45 0% 0% 4% 0% 46 0% 0% 3% 0% 47 0% 0% 10% 0% 48 0% 0% 10% 0% 49 0% 0% 25% 0% 50 4% 0% 30% 5% 51 3% 0% 30% 4% 52 3% 2% 25% 4% 53 5% 3% 25% 5% 54 6% 3% 25% 6% 55 10% 5% 28% 10% 56 10% 5% 25% 10% 57 10% 6% 25% 18% 58 12% 8% 35% 18% 59 13% 9% 35% 18% 60 15% 10% 35% 18% 61 20% 14% 35% 20% 62 25% 20% 35% 20% 63 25% 20% 35% 20% 64 30% 20% 50% 30% 65 35% 25% 100% 30% 66 – 69 35% 30% 100% 100% 70 – 74 40% 50% 100% 100% 75 100% 100% 100% 100% November 6, 2018 BOS Minutes 228 Milliman Contra Costa County Other Post Employment Benefits Plan 26 Actuarial Valuation as of January 1, 2018, and GASB 74 / 75 Disclosures as of June 30, 2018 This work product was prepared solely for the Contra Costa County for the purposes described herein and may not be appropriate to use for other purposes. Milliman does not intend to benefit and assumes no duty or liability to other parties who receive this work. Milliman Recommends that third parties be aided by their own actuary or other qualified professional when reviewing the Milliman work product. Milliman Client Report SECTION IV. APPENDICES Withdrawal – Sample probabilities of terminating employment with the County are shown below for selected years of County service. Years of Service General Safety Less than 1 13.50% 13.00% 1 9.25% 8.00% 2 9.00% 7.00% 3 6.00% 5.50% 4 4.50% 3.75% 5 4.25% 3.25% 10 2.75% 2.00% 15 2.10% 1.50% 20 or more 1.50% 1.00% Coverage Election Assumptions Retiree Coverage – We have assumed 90% of new retirees hired before the exclusion date stated in Appendix A will elect medical and dental coverage at retirement. For employees hired after the exclusion date stated in Appendix A, we assumed 50% will elect to enroll in the health plans without any County subsidy. Spouse Coverage – We have assumed 50% of new General retirees and 60% of new Safety retirees electing coverage will elect spouse medical and dental coverage at retirement. Spouse Age – Female spouses are assumed to be three years younger than male spouses. Dependent Coverage – We have assumed 30% of retirees with no spouse coverage will elect coverage for a dependent child until age 65 and 50% of retirees with spouse coverage will elect coverage for a dependent child until age 65. Health Plan Election – We have assumed that new retirees will remain enrolled in the same plan they were enrolled in as actives. For actives who waived coverage, we have assumed that they will elect Kaiser plan coverage. For retirees enrolled in either the CalPERS Anthem or Blue Shield plans, we assumed they will transfer to the United Health Care Medicare Supplement plan upon reaching age 65, as the CalPERS health plan no longer offers Anthem or Blue Shield coverage for Medicare eligible retirees. Valuation of Retiree Premium Subsidy Due to Active Health Costs Currently, the County and California PERS (PEMHCA) health plans charge the same premiums for retirees who are not yet eligible for Medicare as for active employees. Therefore, the retiree premium rates are being subsidized by the inclusion of active lives in setting rates. (Premiums calculated only based on retiree health claims experience would have resulted in higher retiree premiums.) GASB 74/75 requires that the value of this subsidy be recognized as a liability in valuations of OPEB costs. November 6, 2018 BOS Minutes 229 Milliman Contra Costa County Other Post Employment Benefits Plan 27 Actuarial Valuation as of January 1, 2018, and GASB 74 / 75 Disclosures as of June 30, 2018 This work product was prepared solely for the Contra Costa County for the purposes described herein and may not be appropriate to use for other purposes. Milliman does not intend to benefit and assumes no duty or liability to other parties who receive this work. Milliman Recommends that third parties be aided by their own actuary or other qualified professional when reviewing the Milliman work product. Milliman Client Report SECTION IV. APPENDICES To account for the fact that per member health costs vary depending on age (higher health costs at older ages), we calculated equivalent per member per month (PMPM) costs that vary by age based on the age distribution of covered members, and based on relative cost factors by age. The relative cost factors were developed from the Milliman Health Cost GuidelinesTM. Based on the carrier premium rates and relative age cost factors assumptions, we developed age adjusted monthly PMPM health costs for 2018 to be used in valuing the implicit rate subsidy. The following tables show the age adjusted expected monthly claims cost for a male participant at age 64 for each health plan and relative age factors compared to a male age 64. Plan Monthly Age Adjusted Claims Cost for Age 64 Male Dependent Child Cost Load CCHP A $ 1,389 $ 328 CCHP B 1,645 201 Kaiser A 1,383 314 Kaiser B 1,302 232 Health Net HMO A 2,146 847 Health Net HMO B 1,944 442 Health Net PPO 2,183 789 California PERS Plans (average) – PEMHCA Plans 1,465 0 Relative Claims Cost Factor Compared to Male age 64 County Plans PEMHCA Plans Age Male Female Male Female 50 0.467 0.587 0.516 0.640 55 0.614 0.684 0.633 0.697 60 0.792 0.802 0.797 0.800 64 1.000 0.921 1.000 0.917 Since retirees eligible for Medicare (age 65 and beyond) are enrolled in Medicare supplemental plans, the premiums for retirees with Medicare are determined without regard to active employee claims experience and no such subsidy exists for this group for medical cost. November 6, 2018 BOS Minutes 230 Milliman Contra Costa County Other Post Employment Benefits Plan 28 Actuarial Valuation as of January 1, 2018, and GASB 74 / 75 Disclosures as of June 30, 2018 This work product was prepared solely for the Contra Costa County for the purposes described herein and may not be appropriate to use for other purposes. Milliman does not intend to benefit and assumes no duty or liability to other parties who receive this work. Milliman Recommends that third parties be aided by their own actuary or other qualified professional when reviewing the Milliman work product. Milliman Client Report SECTION IV. APPENDICES Medical Cost Inflation Assumption We assumed future increases to the health costs and premiums are based on the “Getzen” model published by the Society of Actuaries for purposes of evaluating long term medical trend. A margin to reflect the impact of the excise tax in future years is reflected in the assumed trend. The following table shows the assumed rate increases in future years for Medical premiums. The CPI used in developing the following health cost increases is 2.75%. Calendar County Plans Calendar County Plans Calendar PEMHCA Plans Calendar PEMHCA Plans Year Pre 65 Year Post 65 Year Pre 65 Year Post 65 2018 3.50% 2018 2.25% 2018 2.25% 2018 1.25% 2019 8.50% 2019 7.75% 2019 8.50% 2019 7.75% 2020 5.00% 2020 5.00% 2020 5.00% 2020 5.00% 2021 – 2028 5.25% 2021 – 2030 5.25% 2021 – 2023 5.50% 2021 – 2030 5.25% 2029 – 2030 5.50% 2031 – 2043 5.50% 2024 5.75% 2031 – 2043 5.50% 2031 – 2042 6.25% 2044 – 2045 5.25% 2025 – 2042 6.25% 2044 – 2051 5.25% 2043 – 2048 6.00% 2046 – 2052 5.75% 2043 – 2044 6.00% 2052 5.50% 2049 – 2057 5.75% 2053 – 2060 6.00% 2045 – 2051 5.75% 2053 – 2057 5.75% 2058 – 2064 5.50% 2061 – 2064 5.75% 2052 – 2063 5.50% 2058 – 2063 5.50% 2065 – 2067 5.25% 2065 – 2067 5.50% 2064 – 2066 5.25% 2064 – 2066 5.75% 2068 – 2070 5.00% 2068 – 2069 5.25% 2067 – 2069 5.00% 2067 – 2068 5.50% 2071 – 2073 4.75% 2070 – 2072 5.00% 2070 – 2072 4.75% 2069 – 2071 5.25% 2074 + 4.50% 2073 – 2091 4.75% 2073 + 4.50% 2072 – 2073 5.00% 2092 + 4.50% 2074 + 4.75% Dental Cost We assumed Dental costs will increase 4.0% annually. November 6, 2018 BOS Minutes 231 Milliman Contra Costa County Other Post Employment Benefits Plan 29 Actuarial Valuation as of January 1, 2018, and GASB 74 / 75 Disclosures as of June 30, 2018 This work product was prepared solely for the Contra Costa County for the purposes described herein and may not be appropriate to use for other purposes. Milliman does not intend to benefit and assumes no duty or liability to other parties who receive this work. Milliman Recommends that third parties be aided by their own actuary or other qualified professional when reviewing the Milliman work product. Milliman Client Report SECTION IV. APPENDICES Appendix C. Changes in Actuarial Assumptions The following is a list of assumptions changes from the prior actuarial valuation. Discount Rate The discount rate used to determining the benefit obligations was changed from 6.25% to 6.15%. Health Cost Inflation Assumption The medical cost trend was updated to reflect recent legislative changes on Health Insurer Fees. Assumed Annual Rates of Salary Increases The assumed annual rates of compensation increases used for the EAN actuarial cost method have been changed to be consistent with assumptions used in the December 31, 2017 CCCERA Actuarial Valuation. See Appendix B for details. Demographic Rates The assumed rates for mortality, retirement, disability and withdrawal have been changed to be consistent with assumptions used in the December 31, 2017 CCCERA Actuarial Valuation. See Appendix B for details. November 6, 2018 BOS Minutes 232 Milliman Contra Costa County Other Post Employment Benefits Plan 30 Actuarial Valuation as of January 1, 2018, and GASB 74 / 75 Disclosures as of June 30, 2018 This work product was prepared solely for the Contra Costa County for the purposes described herein and may not be appropriate to use for other purposes. Milliman does not intend to benefit and assumes no duty or liability to other parties who receive this work. Milliman Recommends that third parties be aided by their own actuary or other qualified professional when reviewing the Milliman work product. Milliman Client Report SECTION IV. APPENDICES Appendix D. Summary of Participant Data The following census of participants was used in the actuarial valuation and provided by Contra Costa County as of January 1, 2018. Active Employees Age General Safety Total Under 25 94 35 129 25 – 29 499 185 684 30 – 34 885 181 1,066 35 – 39 1,005 186 1,191 40 – 44 985 221 1,206 45 – 49 1,043 222 1,265 50 – 54 1,157 122 1,279 55 – 59 1,037 45 1,082 60 – 64 757 23 780 65 & Over 352 7 359 Total 7,814 1,227 9,041 Average Age on Valuation Date: 45.9 Average Service on Valuation Date: 9.9 Current Retirees Age General Safety Total Under 50 21 59 80 50 – 54 80 158 238 55 – 59 298 189 487 60 – 64 731 209 940 65 – 69 1,196 220 1,416 70 – 74 1,152 237 1,389 75 – 79 734 122 856 80 – 84 530 67 597 85 & Over 649 83 732 Total 5,391 1,344 6,735 Average Age on Valuation Date: 71.4 November 6, 2018 BOS Minutes 233 Milliman Contra Costa County Other Post Employment Benefits Plan 31 Actuarial Valuation as of January 1, 2018, and GASB 74 / 75 Disclosures as of June 30, 2018 This work product was prepared solely for the Contra Costa County for the purposes described herein and may not be appropriate to use for other purposes. Milliman does not intend to benefit and assumes no duty or liability to other parties who receive this work. Milliman Recommends that third parties be aided by their own actuary or other qualified professional when reviewing the Milliman work product. Milliman Client Report SECTION IV. APPENDICES Appendix E. Glossary of Key Terms Actuarially Determined Contribution. A target or recommended contribution to an OPEB plan for the reporting period, determined based on the funding policy and most recent measurement available when the contribution for the reporting period was adopted. The County’s current funding policy is to fund the pay-as-you-go costs for retirees, plus $20 million into the OPEB Trust each year until year 2022. Beginning in 2022 the County will contribute $20 million plus additional $53 million until the OPEB fund’s FNP as a % of TOL is 60%. After that, the County will contribute an amount to maintain the 60% funded status. Deferred Inflows/Outflows of Resources. Portion of changes in net OPEB liability that is not immediately recognized in OPEB Expense. These changes include differences between expected and actual experience, changes in assumptions, and differences between expected and actual earnings on plan investments. Discount Rate. Single rate of return that, when applied to all projected benefit payments, results in an actuarial present value of projected benefit payments equal to the sum of: 1) The actuarial present value of benefit payments projected to be made in future periods where the plan assets are projected to be sufficient to meet benefit payments, calculated using the Long-Term Expected Rate of Return. 2) The actuarial present value of projected benefit payments not included in (1), calculated using the Municipal Bond Rate. Long-Term Expected Rate of Return. Long-term expected rate of return on OPEB plan investments expected to be used to finance the payment of benefits, net of investment expenses. Money-Weighted Rate of Return. The internal rate of return on OPEB plan investments, net of investment expenses. Municipal Bond Rate. Yield or index rate for 20-year, tax-exempt general obligation municipal bonds with an average rating of AA/Aa or higher. Total OPEB Liability. The portion of actuarial present value of projected benefit payments that is attributable to past periods of member service using the Entry Age Normal cost method based on the requirements of GASB 74 and 75 (formerly Actuarial Accrued Liability). Fiduciary Net Position. Equal to market value of assets. Net OPEB Liability. Total OPEB Liability minus the Plan's Fiduciary Net Position (formerly unfunded accrued liability). Service Cost. The portion of the actuarial present value of projected benefit payments that is attributed to a valuation year. November 6, 2018 BOS Minutes 234 RECOMMENDATION(S): RESCIND Traffic Resolution No. 2018/4469 adopted on August 7, 2018, which prohibited parking except for vehicles of individuals with disabilities on a portion of Trinity Avenue (Road No. 1655X), as recommended by the Public Works Director, Kensington area. FISCAL IMPACT: No fiscal impact. BACKGROUND: We understand that the parking space previously designated for only disabled persons at this location is no longer needed. Public Works Traffic Engineering staff was contacted by our Maintenance Division, who had been informed that the resident who requested it had recently passed away. Therefore, Public Works Traffic Engineering recommends rescinding the Traffic Resolution which previously restricted parking at this location, based on established policy. CONSEQUENCE OF NEGATIVE ACTION: Parking will remain restricted at this location. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/06/2018 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Monish Sen, 925.313.2187 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 6, 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:November 6, 2018 Contra Costa County Subject:RESCIND Traffic Resolution No. 4469 for Trinity Avenue (Road No. 1655X), Kensington area. November 6, 2018 BOS Minutes 235 November 6, 2018 BOS Minutes 236 RECOMMENDATION(S): CONSIDER (1) the approved Mitigated Negative Declaration (MND) for the Kirker Pass Road Northbound Truck Climbing Lane Project (Project) and (2) the Addendum to the MND prepare for the following changes to the Project: an additional approximately 4,300 feet of open-grade asphalt overlay on the northbound and southbound lanes of Kirker Pass Road between North Hess Road and east of 6141 Kirker Pass Road; and the addition of roadway conforms at the intersection of Kirker Pass Road and Hess Road (together, the “Project Changes”). DETERMINE that there is no substantial evidence that the Project Changes require the preparation of a subsequent environmental impact report or subsequent negative declaration under CEQA Guidelines section 15162. APPROVE the Addendum to the MND prepared for the Project Changes, and the Project Changes, in accordance with CEQA Guidelines section 15164. SPECIFY that the Contra Costa County Public Works Director is the custodian of the documents and other material that constitute the record of proceedings upon which the Board’s decision is based, and that the record of proceedings is located at 255 Glacier Drive, Martinez, CA. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/06/2018 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Claudia Gemberling 925-313-2192 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 6, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: Claudia Gemberling-Environmental Services C. 2 To:Board of Supervisors From:Brian M. Balbas, Public Works Director/Chief Engineer Date:November 6, 2018 Contra Costa County Subject:Change to Kirker Pass Road Northbound Truck Climbing Lane Project, Concord and Pittsburg areas November 6, 2018 BOS Minutes 237 FISCAL IMPACT: Federal total: 18.8% 12.5% Surface Transportation Improvement Program (STIP) 6.3% One Bay Area Grant (OBAG2)-FAS Local Streets and Roads State total: 9.4% 9.4% State Match Program Funds Local total: 71.8% November 6, 2018 BOS Minutes 238 FISCAL IMPACT: (CONT'D) 40.9% Gas Tax (SB1/RMRA) 29% Measure J Regional 2.0% Measure J Return to Source BACKGROUND: The Contra Costa County Public Works Department will construct the Kirker Pass Road Northbound Truck Climbing Lane Project, which includes a northbound truck climbing lane and paved shoulders for future Class II bike lanes (“Project”). The Project is intended to improve circulation for motorists and bicyclists along this stretch of road. The road is frequently used by commuters and has heavy truck traffic. With sustained grades steeper than 10 percent, trucks are unable to match the speed of other vehicles on the roadway, causing significant congestion and impacting traffic flow. Project elements will include roadway widening for the truck climbing lane, paved shoulders for future Class II bike lanes, relocation of drainage features, retaining wall construction; installation of signage and striping; construction of two bioretention areas; roadway conforms due to change in grade; and relocation of other existing roadside features. An open grade asphalt concrete overlay will be placed along the southbound and northbound lanes within the project limits. Construction is scheduled for 2019. On October 18, 2016, the Contra Costa County Board of Supervisors approved the Project and adopted the Project-related Mitigated Negative Declaration. The Notice of Determination was filed with the Contra Costa County Clerk on October 20, 2016. Since the Project and MND were approved, the Project has changed to include approximately 4,300 feet of additional open grade asphalt overlay on the northbound and southbound lanes of Kirker Pass Road between the North Hess Road intersection and approximately 140 feet east of 6141 Kirker Pass Road, in the Pittsburg area of unincorporated Contra Costa County. The total revised length for placement of the open grade asphalt overlay is about 10,500 feet. The Project also includes a conform at Hess Road due to changes in grade of about 300 feet. Public Works Department environmental staff reviewed these Project changes under the Air Quality, Greenhouse Gas Emissions, and Transportation/Traffic sections of the MND to determine if the Project changes resulted in a substantial change to the project that would require a subsequent environmental impact report or subsequent negative declaration under CEQA Guidelines section 15162.. Public Works Department environmental staff have determined that the changes do not result in a substantial change to the Project that would require a subsequent environmental document. Public Works Department staff also have determined that there are no substantial changes to the circumstances under with the Project will be constructed, and no new information, that would require a subsequent environmental document. For these reasons, Public Works Department staff recommend approving both (1) the additional Project features, and (2) the CEQA Addendum pertaining to these additional Project features, in accordance with CEQA Guidelines section 15164. CONSEQUENCE OF NEGATIVE ACTION: The Project Changes will not be approved. ATTACHMENTS Addendum CEQA Document November 6, 2018 BOS Minutes 239 “Accredited by the American Public Works Association” 255 Glacier Drive Martinez, CA 94553-4825 TEL: (925) 313-2000  FAX: (925) 313-2333 www.cccpublicworks.org Brian M. Balbas, Director Deputy Directors Stephen Kowalewski, Chief Mike Carlson Warren Lai Carrie Ricci Joe Yee September 24, 2018 ADDENDUM TO THE MITIGATED NEGATIVE DECLARATION PREPARED FOR THE KIRKER PASS ROAD NORTHBOUND TRUCK CLIMBING LANE PROJECT COUNTY PROJECT #: 15-04 SCH# 2016082079 Contra Costa County Public Works Department Project # 0662-6R4052 A. BACKGROUND INFORMATION The Contra Costa County (County) Public Works Department (PWD) proposes to provide a truck climbing lane along a 1.2-mile section of Kirker Pass Road between Clearbrook Drive in the City of Concord and the northernmost Hess Road intersection. Kirker Pass Road is a four-lane principal arterial and route of regional significance between Central and East Contra Costa County. The roadway connects the City of Concord on the southwest end, through the Meridian Hills, to the City of Pittsburg on the northeast end. The purpose of the project is to provide a northbound truck climbing lane and paved shoulders for future Class II bike lanes. The project is intended to improve circulation for motorists and bicyclists along this stretch of road. The road is frequently used by commuters and has heavy truck traffic. With sustained grades steeper than 10 percent, trucks are unable to match the speed of other vehicles on the roadway, causing significant congestion and impacting traffic flow. Project elements will include roadway widening for the truck climbing lane, paved shoulders for future Class II bike lanes, relocation of drainage features, retaining wall construction; installation of signage and striping; construction of two bioretention areas; roadway conforms due to change in grade; and relocation of other existing roadside features. An open grade asphalt concrete overlay will be placed along the southbound and northbound lanes. Construction is expected to begin in 2019 and may require two construction seasons. Standard construction equipment will be used, including but not limited to: excavators, November 6, 2018 BOS Minutes 240 CEQA Addendum – CP# 15-04 September 24, 2018 Page 2 of 15 Page 2 of 15 graders, scrapers, loaders, sweepers/scrubbers, plate compactors, rollers, backhoes, cranes, drill rigs, and pavers. Construction activities will generally be limited to the hours between 7:00 a.m. to 5:00 p.m. with noise-generating activities focused between 8:00 a.m. to 5:00 p.m.; however, there will be limited night work as necessary. Disturbed areas will be stabilized following construction to ensure appropriate erosion and sediment control. Pursuant to the requirements of the California Environmental Quality Act (CEQA) (CEQA Guidelines Section 15071) the County prepared a Mitigated Negative Declaration (MND) in August 2016 which includes a list of mitigations designed specifically for this project and it was determined that the project would not cause a significant impact to the environment. The County Department of Conservation and Development, the Lead Agency, approved the MND on August 23, 2016. The County Board of Supervisors approved the project and adopted the MND on October 18, 2016. The Notice of Determination was filed with the County Clerk and the Office of Planning and Research on October 20, 2016. B. CEQA ADDENDUM GUIDELINES The CEQA stipulates that an Addendum (CEQA Guidelines Section 15164) to a previously adopted MND may be prepared if only minor technical changes are necessary and none of the conditions described in CEQA Guidelines Section 15162 have occurred: (a) When an EIR has been certified or a negative declaration adopted for a project, no subsequent EIR shall be prepared for that project unless the lead agency determines, on the basis of substantial evidence in the light of the whole record, one or more of the following: (1) Substantial changes are proposed in the project which will require major revisions of the previous MND due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; (2) Substantial changes occur with respect to the circumstances under which the project is undertaken which require major revisions of previous MND due to the involvement of new significant effects or a substantial increase in the severity of previously identified significant effects; or (3) New information of substantial importance which was not known and could not have been known with the exercise of reasonable due diligence at the time the previous MND was adopted shows any of the following: (A) The project will have one or more significant effects not discussed in the previous EIR or negative declaration; (B) Significant effects previously examined will be substantially more severe than shown in the previous EIR or negative declaration; November 6, 2018 BOS Minutes 241 CEQA Addendum – CP# 15-04 September 24, 2018 Page 3 of 15 Page 3 of 15 (C) Mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative; or (D) Mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative. (b) If changes to a project or its circumstances occur or new information becomes available after the adoption of a negative declaration, the lead agency shall prepare a subsequent EIR if requires under section (a). Otherwise the lead agency shall determine whether to prepare a subsequent negative declaration, an addendum, or no further documentation. (c) Once a project has been approved, the lead agency’s role in project approval is completed, unless further discretionary approval on that project is required. Information appearing after an approval does not require reopening of that approval. If after the project is approved, any of the conditioned described in subsection (a) occurs, a subsequent EIR or negative declaration shall only be prepared by the public agency which grants the next discretionary approval for the project, if any. In this situation no other responsible agency shall grant an approval for the project until the subsequent EIR has been certified or subsequent negative declaration adopted. (d) A subsequent EIR or subsequent negative declaration shall be given the same notice and public review as required under Section 15087 or Section 15072. A subsequent EIR or negative declaration shall sate where the previous document is available and can be reviewed. In accordance with CEQA Guidelines Section 15164(d), the County Board of Supervisors shall consider this Addendum along with the MND prior to making a decision on the project. According to CEQA Guidelines Section 15164(c) an Addendum does not require circulation for public review but can be included in or attached to the MND. C. CHANGES TO THE MITIGATED NEGATIVE DECLARATION Information reported in the Project Description of the MND has changed with regards to the project description to also include approximately 4,300 feet open grade asphalt overlay on the northbound and southbound lanes of Kirker Pass Road from the North Hess Road intersection in the Concord area to approximately 140 feet east of the driveway at 6141 Kirker Pass Road in the Pittsburg area of unincorporated Contra Costa County. The initial length of the overlay was 1.2 miles and total revised length for placement of the open grade asphalt overlay is about 10,500 feet. The project also includes a conform at Hess Road due to changes in grade of about 300 feet (Figure1). There will be no changes to traffic control. In addition, construction for the project was scheduled to begin in 2018 and is now scheduled to begin in 2019 and still may require two construction seasons (April through October) for a total duration of approximately12 months. November 6, 2018 BOS Minutes 242 CEQA Addendum – CP# 15-04 September 24, 2018 Page 4 of 15 Page 4 of 15 The project changes do not change the environmental impacts and associated avoidance, minimization, and mitigation measures reported in the IS/MND. These changes were re-evaluated under the Air Quality, Greenhouse Gas Emissions, and Transportation/Traffic impact discussion sections of Appendix G of the CEQA Guidelines to determine if the changes resulted in a substantial change that would require major revisions of the previous MND as described below. D. IMPACT ANALYSIS III. Air Quality a) Would the project conflict with or obstruct implementation of the applicable air quality plan? The air quality plan applicable to the project area is the Contra Costa County Climate Action Plan, adopted on December 15, 2015 which is consistent with the BAAQMD Bay Area 2010 Clean Air Plan (Clean Air Plan) adopted on September 15, 2010 (CCCDCD 2015b, BAAQMD 2010a). Both plans identify strategies to improve air quality and protect public health through implementation of control measures. The BAAQMD Clean Air Plan identifies a number of control measures for stationary, mobile, transportation, land use and local impact, and energy and climate sources. The County Climate Action Plan identifies implementation measures for energy efficiency and conservation, renewable energy, land use and transportation, solid waste, water conservation, and government operations. While most of the measures are not applicable to the project as the completed project will not create air pollutant sources beyond what already exists from existing traffic use of the road, the project will not conflict with or obstruct implementation of the applicable air quality plans as the project will improve the performance and efficiency of traffic movement. The additional truck climbing lane will alleviate congestion caused by passenger cars being trapped behind slow-moving trucks climbing Kirker Pass Road and would be expected to reduce congestion-related tailpipe emissions. Therefore, project impacts will be less than significant. b) Would the project violate any air quality standard or contribute substantially to an existing or projected air quality violation? Both the state and federal governments have established health-based Ambient Air Quality Standards for six criteria air pollutants: carbon monoxide (CO), ozone (O3), nitrogen dioxide (NO2), sulfur dioxide (SO2), lead (Pb), and suspended particulate matter (PM). These standards are designed to protect the health and welfare of the populace with a reasonable margin of safety. The Bay Area is under nonattainment status for State 1-hour and 8-hour ozone standards. In addition, the Bay Area was designated as a nonattainment area for the federal 8-hour ozone standard. The Bay November 6, 2018 BOS Minutes 243 CEQA Addendum – CP# 15-04 September 24, 2018 Page 5 of 15 Page 5 of 15 Area is also considered a nonattainment area for PM2.5 at the state level and an attainment area at the federal level. To meet these standards the BAAQMD has established project level thresholds for reactive organic gases (ROG), nitrogen oxides (NOx), and particulate matter 2.5 (PM2.5). ROG is formed from combustion of fuels and evaporation of organic solvents. ROG is an ozone precursor and a prime component of the photo-chemical reaction that forms ozone. NOx refers to the compounds of NO2, a reddish-brown gas, and nitric oxide (NO), a colorless, odorless gas, that are formed from fuel combustion under high temperature or pressure. NOx is a primary component of the photo-chemical smog reaction. PM2.5 refers to fine suspended particulate matter with an aerodynamic diameter of 2.5 microns or less, and particulate matter 10 (PM10) refers to coarse particles that are larger than 2.5 microns but smaller than 10 microns. According to the BAAQMD’s CEQA Air Quality Guidelines (20122017), to meet air quality standards for construction-related and operational-related criteria air pollutant and air precursor impacts, the project must not: 1. Generate construction emissions of ROG, NOx or PM2.5 greater than 54 pounds per day or PM10 exhaust emissions greater than 82 pounds per day; 2. Contribute to CO concentrations exceeding the state ambient air quality standards (for operational-related); or 3. Generate operation emissions of ROG, NOx or PM2.5 of greater than 10 tons per year or 54 pounds per day or PM10 emissions greater than 15 tons per year or 82 pounds per day. During construction, short-term degradation of air quality may occur due to the release of particulate emissions generated by excavation, grading, hauling, and other activities. Emissions from construction equipment are also anticipated and would include CO, NOx, ROG, directly-emitted particulate matter (PM2.5 and PM10), and toxic air contaminants (TACs) such as diesel exhaust particulate matter. Site preparation and project construction would involve grading and paving activities. Construction-related effects on air quality from the proposed project would be greatest during the site preparation phase because most engine emissions are associated with the excavation, handling, and transport of soils on the site. Sources of fugitive dust would include disturbed soils at the construction site. PM10 emissions would depend on soil moisture, silt content of soil, wind speed, and the number of equipment pieces operating on-site. Larger dust particles would settle near the source, while fine particles would be dispersed over greater distances from the construction site. Water or other soil stabilizers can be used to control dust, resulting in emission reductions of 50 percent or more. The BAAQMD has established standard measures for reducing fugitive dust emissions (PM 10). With the November 6, 2018 BOS Minutes 244 CEQA Addendum – CP# 15-04 September 24, 2018 Page 6 of 15 Page 6 of 15 implementation of standard construction measures such as frequent watering (e.g., two times per day at a minimum), fugitive dust emissions from construction activities would not result in adverse air quality impacts. In addition to dust-related PM10 emissions, construction equipment powered by gasoline and diesel engines would generate CO, SO2, NOx, VOCs and some soot particulate (PM2.5 and PM10) in exhaust emissions. These emissions would be temporary and limited to the immediate area surrounding the construction sites. Construction emissions for the project were calculated using the Road Construction Emissions Model v. 7.1.5.1, developed by the Sacramento Metropolitan Air Quality Management District. Construction will likely occur over two construction seasons, during the months of April through October, in 2018 2019 and 2019 2020, for a total duration of approximately 12 months. Construction-related emissions for the project are shown in Table 1. As shown in Table 1, average daily construction emissions would not exceed the BAAQMD’s numeric threshold for ROG, NOx or particulate matter exhaust emissions. However, in order to reduce fugitive dust emissions to a less-than-significant level, the following BAAQMD Construction Mitigation Measures (20122017) would be implemented. MITIGATION MEASURE AIR-1: Consistent with the Construction Mitigation Measures required by the BAAQMD, the following actions shall be incorporated into construction contracts and specifications for the project: 1. All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved access roads) shall be watered two times per day. 2. All haul trucks transporting soil, sand, or other loose material off-site shall be covered. Table 1: Project Construction Emissions in Pounds Per Day Project Construction ROG NOx CO Exhaust PM2.5 Exhaust PM10 Average Daily Emissions 5.5 52.6 26.8 2.7 2.7 BAAQMD Thresholds 54.0 54.0 NA 54.0 82.0 Exceed Threshold? No No NA No No Source: LSA Associates, Inc., 2015. November 6, 2018 BOS Minutes 245 CEQA Addendum – CP# 15-04 September 24, 2018 Page 7 of 15 Page 7 of 15 3. All visible mud or dirt tracked-out onto adjacent public roads shall be removed using wet power vacuum street sweepers at least once per day. The use of dry power sweeping is prohibited. 4. All vehicle speeds on unpaved roads shall be limited to 15 mph. 5. All roadways, driveways, and sidewalks to be paved shall be completed as soon as possible. 6. Idling times shall be minimized either by shutting equipment off when not in use or reducing the maximum idling time to 5 minutes (as required by the California airborne toxics control measure Title 13, Section 2485 of California Code of Regulations [CCR]). Clear signage shall be provided for construction workers at all access points. 7. All construction equipment shall be maintained and properly tuned in accordance with manufacturer’s specifications. All equipment shall be checked by a certified mechanic and determined to be running in proper condition prior to operation. 8. A publicly visible sign shall be posted with the telephone number and contact information for the designated on-site construction manager available to receive and respond to dust complaints. This person shall report all complaints to Contra Costa County and take immediate corrective action as soon as practical but not more than 48 hours after the complaint is received. The BAAQMD’s phone number shall also be visible to ensure compliance with applicable regulations. The paving associated with the modified project would be performed consistent with the schedule identified for the previous project. The air quality analysis conducted for the previous project assumed a 1.35 month paving duration. Paving activities associated with the modified project would be conducted within the same timeframe using the same equipment previously assumed in the air quality analysis. Therefore, the modified project would not result in new or worsening air quality impacts. Localized CO Impacts The BAAQMD has established a screening methodology that provides a conservative indication of whether implementation of a proposed project would result in significant CO emissions. According to the BAAQMD’s CEQA Air Quality Guidelines, a proposed project would result in a less-than-significant impact to localized CO concentrations if the following screening criteria are met: 1. The project is consistent with an applicable congestion management program established by the county congestion management agency for designated roads or highways, and the regional transportation plan and local congestion management agency plans. November 6, 2018 BOS Minutes 246 CEQA Addendum – CP# 15-04 September 24, 2018 Page 8 of 15 Page 8 of 15 2. The proposed project would be expected to alleviate congestion on roadways and not increase traffic volumes. Therefore, the project would not increase traffic volumes at affected intersections to more than 44,000 vehicles per hour, nor would it increase traffic volumes at affected intersections to more than 24,000 vehicles per hour where vertical and/or horizontal mixing is substantially limited (e.g., tunnel, parking garage, bridge underpass, natural or urban street canyon, or below-grade roadway). The proposed project would not conflict with the Contra Costa County Transportation Authority’s Congestion Management Program for designated roads or highways, a regional transportation plan, or other agency plans (CCTA 20132017). Therefore, the proposed project would not result in localized CO concentrations that exceed state or federal standards. Further, the proposed project would consist of a dedicated truck climbing lane. The roadway project would help alleviate congestion caused by passenger cars being trapped behind slow-moving trucks climbing Kirker Pass Road and would be expected to reduce congestion-related tailpipe emissions. Therefore, project impacts will be less than significant with mitigation incorporated. c) Would the project result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? CEQA defines a cumulative impact as two or more individual effects, which when considered together, are considerable or which compound or increase other environmental impacts. According to the BAAQMD, air pollution is largely a cumulative impact and no single project is sufficient in size itself to result in nonattainment of ambient air quality standards. In developing the thresholds of significance for air pollutants used in the analysis above, the BAAQMD considered the emission levels for which a project’s individual emissions would be cumulatively considerable. The BAAQMD CEQA Air Quality Guidelines (20122017) indicate that if a project exceeds the identified significance thresholds, its emissions would be cumulatively considerable, resulting in significant adverse air quality impacts to the region’s existing air quality conditions. Therefore, if a project’s daily average or annual emissions of operational-related criteria air pollutants exceed any applicable threshold established by the BAAQMD, the proposed project would result in a cumulatively significant impact. Because the project would likely reduce operational emissions with improved traffic flow (less congestion resulting from slower moving trucks), the proposed project would not exceed established thresholds for regional emissions or make a cumulatively considerable contribution to regional air quality impacts. The addition of the overlay would not result in cumulative impacts as it is a road surface treatment. Construction-related impacts from the project and additional November 6, 2018 BOS Minutes 247 CEQA Addendum – CP# 15-04 September 24, 2018 Page 9 of 15 Page 9 of 15 overlay would not result in cumulative impacts as it will be of temporary duration. Therefore, project impacts will be less than significant. d) Would the project expose sensitive receptors to substantial pollutant concentrations? Sensitive receptors are defined as residential uses, schools, daycare centers, nursing homes, and medical centers, and other high-risk receptors. Individuals particularly vulnerable to diesel particulate matter (DPM) are children, with lung tissue that is still developing, and the elderly, who may have serious health problems that can be aggravated by exposure to DPM. Health risks from toxic air contaminants (TACs) such as construction diesel emissions are a function of both concentration and duration of exposure. Construction diesel emissions are temporary, affecting an area for a period of days or perhaps weeks throughout the construction period. Additionally, construction-related sources are mobile and transient in nature and the emissions occur with the project site with concentration dispersing rapidly with distance. Implementation of Mitigation Measure AIR-1 would help to reduce construction pollutant concentrations. The closest sensitive receptor in the project vicinity is a residence located approximately 200 feet east of Kirker Pass Road on Hess Road on the northern end of the project boundary. Residents could be temporarily exposed to diesel engine exhaust during the construction period due to the operation of construction equipment. The BAAQMD CEQA significance threshold for potential effects of DPM applies to the hypothetical exposure of a person continuously for 70 years. The duration of the construction period is expected to be a total of 12 months spread over two construction seasons which is relatively short when compared to the 70- year risk exposure period. Additionally, the 12 month duration would cover the entire 1.2 mile length of the project, which includes the additional pavement overlay in that timeframe, therefore emission concentrations at any one receptor location would have a much shorter duration. Therefore, due to the short duration of the construction period and the dispersion of project construction emissions, health risk impacts associated with project construction would be less than significant. Additionally, with implementation of Mitigation Measure AIR-1, which is consistent with BAAQMD guidelines, health risks from construction emissions of DPM would be less than significant. Therefore, project impacts will be less than significant with mitigation. e) Would the project create objectionable odors affecting a substantial number of people? The proposed project would include the addition of a truck climbing lane on Kirker Pass Road and additional pavement overlay. There may be odors associated with project construction, but these will be limited and temporary in nature therefore, project impacts will be less than significant. November 6, 2018 BOS Minutes 248 CEQA Addendum – CP# 15-04 September 24, 2018 Page 10 of 15 Page 10 of 15 Greenhouse Gas Emissions a) Would the project generate greenhouse gas emissions either directly or indirectly, that may have a significant impact on the environment? Construction activities, such as site preparation, site grading, on-site heavy-duty construction vehicles, equipment hauling materials to and from the site, and motor vehicles transporting the construction crew would produce combustion emissions from various sources. During construction of the project, GHGs would be emitted through the operation of construction equipment and from worker and builder supply vendor vehicles, each of which typically uses fossil-based fuels to operate. The combustion of fossil-based fuels creates GHGs such as CO2, CH4, and N2O. Furthermore, CH4 is emitted during the fueling of heavy equipment. Exhaust emissions from on-site construction activities would vary daily as construction activity levels change. Using the Road Construction Emissions Model, it is estimated that the project would generate approximately 876 metric tons of CO2e during construction of the project. Although the BAAQMD does not have a threshold for construction-related greenhouse gas emissions, implementation of the BAAQMD’s construction mitigation measures would reduce greenhouse gas emissions by requiring that all engines are properly maintained and by reducing the idling times of construction equipment. Implementation of Mitigation Measure AIR-1 (see Air Quality section) would ensure that construction emissions impacts due to the project are less than significant with mitigation incorporated. b) Would the project conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases? As discussed above and in the Air Quality section, implementation of the air pollution control measures will minimize air quality impacts which are consistent with the BAAQMD air quality plans on achieving GHG emission reductions. Therefore, project impacts will still be less than significant. November 6, 2018 BOS Minutes 249 CEQA Addendum – CP# 15-04 September 24, 2018 Page 11 of 15 Page 11 of 15 Transportation/Traffic a) Would the project conflict with an applicable plan, ordinance or policy establishing measures of effectiveness for the performance of the circulation system, taking into account all modes of transportation including mass transit and non-motorized travel and relevant components of the circulation system, including by not limited to intersection, streets, highways, and freeways, pedestrian and bicycle paths, and mass transit? The constructed project, including the additional overlay, will not conflict with applicable plans, ordinances or policies establishing measures of effectiveness for the performance of the circulation system since the purpose of the project is to create a truck lane that will allow for better traffic flow and will not lead to adverse changes in truck routing. After reviewing the 2009 2018 Contra Costa Countywide Bicycle and Pedestrian Plan, County Public Works Staff has determined that the project, including the additional overlay, will not interfere with the County bicycle plan as Kirker Pass Road within the project segment is not designated as a bicycle facility but designated as a proposed Class II facility (CCTA 20092018). Once the project is completed the new paved shoulders could include would accommodate a future class II bike lane in the future. While the constructed project will improve traffic circulation and will not interfere with other modes of motorized and non-motorized transportation, construction of the project will temporarily disrupt traffic circulation as it will result in traffic congestion and delays from one-way road closures. The additional overlay will not result in added traffic impacts as the overlay will be conducted in the same timeframe. Construction activities will be generally limited to the hours between 7:00 a.m. to 5:00 p.m. Monday through Friday. Traffic control will be in place to accommodate morning and evening commute traffic. In order to ensure traffic impacts are minimized during construction activities, the project contract specifications will require the contractor to implement the following avoidance measures: AVOIDANCE MEASURE TRA-1: 1. No full lane closures allowed during commute hours; at off-peak hours one lane of Kirker Pass Road may be temporarily closed during active construction; reopening of lanes at the end of each working day. 2. Temporary lane closures may be scheduled at times of minimal traffic volumes such as nights, weekends, and off-commute hours where low traffic volumes are expected. November 6, 2018 BOS Minutes 250 CEQA Addendum – CP# 15-04 September 24, 2018 Page 12 of 15 Page 12 of 15 3. Traffic control including flaggers will be used as warranted to adjust flow as vehicle volume increases in either direction. 4. Placement of construction zone speed limits. 5. Advance letter notification to local emergency response services to allow them to plan for alternate routes. 6. Emergency vehicle access at all times. 7. Letter notification to local residents seven calendar days in advance of construction and road closure start date(s). 8. Publish press release in local newspapers seven days before construction start date. 9. Placement of portable changeable message signs at various locations in project vicinity with construction start and road closure dates and period at least seven calendar days in advance of start dates. 10. Provide accessibility to driveways to properties outside the project area throughout the project. In addition, County Design and Construction Division staff will coordinate with the City of Concord and the Concord Pavilion as early as possible to minimize disruption to any scheduled events. Project impacts will be less than significant with these avoidance measures in place. b) Conflict with an applicable congestion management program, including, but not limited to level of service standards and travel demand measures, or other standards established by the county congestion management agency for designated roads or highways? The constructed project, including the additional overlay, will not conflict with a congestion management program as the purpose of the project is to improve the existing traffic flow along the roadway for trucks and cars. While there will be additional traffic generated during project construction from construction-related vehicles, the traffic increases are short-term. Therefore, project impacts will be less than significant. c) Would the project result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? The project, including the additional overlay, will not result in a change in air traffic patterns as there will be no increase in traffic levels or change in location that would pose a substantial safety risk. Therefore, the project will have no impact. November 6, 2018 BOS Minutes 251 CEQA Addendum – CP# 15-04 September 24, 2018 Page 13 of 15 Page 13 of 15 d) Would the project substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? The constructed project, including the additional overlay, will not substantially increase hazards due to a design feature as the purpose of the project is to improve traffic flow along the roadway. During construction the project contract specifications will require the contractor to implement the avoidance measures above to minimize potential construction impacts; therefore project impacts will be less than significant. e) Would the project result in inadequate emergency access? The constructed project, including the additional overlay, would not result in inadequate emergency access. However, project construction could interfere with emergency access. The project contract specifications will include the measures listed in Avoidance Measure TRA-1 above to minimize potential impacts. Therefore, project impacts will be less than significant. f) Conflict with adopted policies, plans, or programs regarding public transit, bicycle, or pedestrian facilities, or otherwise decrease the performance or safety of such facilities? As discussed above, the project, including the additional overlay, will not disrupt any current or planned public transit, bicycle, or pedestrian facilities planned along Kirker Pass Road within the project segment. While Kirker Pass Road willis not be designated as a current bicycle facility, the 2018 Contywide Bicycle and Pedestrian Plan Update identifies Kirker Pass Road from the City of Concord to the City of Pittsburg as a Class II bicycle facility. The completed project will provide widened paved shoulders forthat will accommodate future Class II bike lanes which is consistent with County transportation policies (Contra Costa County 2005l, CCTA 2009, 20142018). Therefore, the project will have no impact. November 6, 2018 BOS Minutes 252 CEQA Addendum – CP# 15-04 September 24, 2018 Page 14 of 15 Page 14 of 15 CONTRA COSTA COUNTY ADDENDUM FINDINGS for the MITIGATED NEGATIVE DECLARATION for the KIRKER PASS ROAD NORTHBOUND TRUCK CLIMBING LANE PROJECT The following information is added to the previous MND and is presented to comply with Section 15091 of the CEQA Guidelines for the MND: 1. Environmental Effect: Modifications to the Air Quality, Greenhouse Gas Emissions, and Transportation/Traffic sections as described in this Addendum are minor technical changes or additions to the project and will not result in any additional environmental effects not previously discussed. Findings: There are no significant environmental impacts associated with the minor technical changes or additions for the proposed activity for which this Addendum was prepared. Statement of Facts: a. The project to be developed pursuant to this Addendum to the MND for the Kirker Pass Road Northbound Truck Climbing Lane Project is substantially similar to the project analyzed in the MND. b. The MND for the Kirker Pass Road Northbound Truck Climbing Lane Project consists of the MND, comments received, responses to the comments raised, and this Addendum. The MND was completed in compliance with CEQA. c. There are no substantial changes in the project, pursuant to CEQA Guidelines Section 15162 (a)(1), that require major revisions of the MND due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects. The project is substantially similar to the project analyzed in the MND. d. There are no substantial changes with respect to the circumstances, pursuant to CEQA Guidelines Section 15162 (a)(2), under which the project is undertaken which require major revisions of the previous MND due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects. Those circumstances remain substantially similar to the circumstances analyzed in the MND. e. There is no new information of substantial importance, pursuant to CEQA Guidelines Section 15162 (a)(3), which shows that the project will have one or November 6, 2018 BOS Minutes 253 CEQA Addendum – CP# 15-04 September 24, 2018 Page 15 of 15 Page 15 of 15 more significant effects not previously discussed in the MND. f. None of the conditions calling for the preparation of a subsequent or supplemental EIR have occurred (see items 1c - e above). Therefore, it is appropriate to adopt this Addendum to the MND to make the minor technical changes and additions discussed in this document (CEQA Guidelines 15164). This Addendum shall be considered along with the MND prior to the Board of Supervisors making a decision on the minor technical changes or additions to the project, and in considering these changes or additions, the Board is considering the identical or substantially similar underlying project. The findings are supported by substantial evidence in the administrative record and are based on the MND for the Kirker Pass Road Northbound Truck Climbing Lane Project, which was subject to public review. In accordance with CEQA Guidelines Section 15164(d), the County Board of Supervisors shall consider this Addendum along with the MND prior to making a decision on the project. According to CEQA Guidelines Section 15164(c) an Addendum does not require circulation for public review but can be included in or attached to the MND. This Addendum is attached to the MND for the Kirker Pass Road Northbound Truck Climbing Lane Project (CP# 15-04; SCH# 2016082079). CG: \\PW-DATA\grpdata\engsvc\ENVIRO\TransEng\Kirker Pass Road Northbound Truck Lanes (4052)\CEQA\Addendum\For DCD Review.docx Enclosures c: November 6, 2018 BOS Minutes 254 November 6, 2018BOS Minutes255 November 6, 2018BOS Minutes256 RECOMMENDATION(S): 1. APPROVE the Kirker Pass Northbound Truck Climbing Lane Project (Project) and AUTHORIZE the Public Works Director, or designee, to advertise the Project, Concord area. [Project No. 0662-6R4052] DCD-CP# 15-04 (Districts IV, V), and 2. FIND, on the basis of the whole record, including the proposed Initial Study/Mitigated Negative Declaration and any comments received and staff responses thereto, that there is no substantial evidence the Project may have significant effect on the environment, and that the Mitigated Negative Declaration reflects the independent judgment and analysis of the lead agency, Contra Costa County (County). 3. ADOPT the Mitigated Negative Declaration and Mitigation and Monitoring Reporting Program for the Project. 4. SPECIFY that the Contra Costa County Public Works Director is the custodian of the documents and other material that constitute the record of proceedings upon which the Board’s decision is based, and that the record of proceedings is located at 255 Glacier Drive, Martinez, CA. 5. DIRECT the Director of Conservation and Development to file a Notice of Determination with the County Clerk, and APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 10/18/2016 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS Contact: Leigh Chavez, 925-313-2366 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: October 18, 2016 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: , Deputy cc: Liza Mangabay, Nancy Wein, Leigh Chavez To:Board of Supervisors From:Julia R. Bueren, Public Works Director/Chief Engineer Date:October 18, 2016 Contra Costa County Subject:APPROVE the Kirker Pass Northbound Truck Climbing Lane Project and related actions under the California Environmental Quality Act, Concord area. November 6, 2018 BOS Minutes 257 RECOMMENDATION(S): (CONT'D) 5. AUTHORIZE the Public Works Director to arrange for payment of $2,210 for California Department of Fish and Wildlife filing fee, a $50 fee to the County Clerk for filing the Notice of Determination, and a $25 fee to Department of Conservation and Development for processing. FISCAL IMPACT: This Project is funded by 40% Local Funds, 34% Measure J Funds, 15% Surface Transportation Improvement Program, 11% State Match. BACKGROUND: The purpose of the Project is to provide a northbound truck climbing lane and paved shoulders for future Class II bike lanes. The Project is intended to improve circulation for motorists and bicyclists along this stretch of road. The road is frequently used by commuters and has heavy truck traffic. With sustained grades steeper than 8 percent, trucks are unable to match the speed of other vehicles on the roadway, causing significant congestion and impacting traffic flow. Project elements will include roadway widening for the truck climbing lane, paved shoulders for future Class II bike lanes, relocation of drainage features, retaining wall construction; installation of signage and striping; construction of two bioretention areas; roadway conforms due to change in grade; and relocation of other existing roadside features. An open grade asphalt concrete overlay will be placed along the southbound and northbound lanes. Construction is expected to begin in 2018 and may require two construction seasons. Area residents will be notified in advanced of start of construction. Standard construction equipment will be used, including but not limited to: excavators, graders, scrapers, loaders, sweepers/scrubbers, plate compactors, rollers, backhoes, cranes, drill rigs, and pavers. Construction activities will generally be limited to the hours between 7:00 a.m. to 5:00 p.m. with noise-generating activities focused between 8:00 a.m. to 5:00 p.m.; however, there will be limited night work as necessary. Disturbed areas will be stabilized following construction to ensure appropriate erosion and sediment control. Real Property transactions, including right-of-way acquisition and temporary construction easements for access and staging areas and permanent easements for access and maintenance may be necessary in support of this project. CONSEQUENCE OF NEGATIVE ACTION: Delay in approving the project may result in a delay of design and construction, and may jeopardize grant funding. ATTACHMENTS CEQA-NOD Initial Study.Mitigated Negative Declaration November 6, 2018 BOS Minutes 258 November 6, 2018 BOS Minutes 259 November 6, 2018 BOS Minutes 260 November 6, 2018 BOS Minutes 261 November 6, 2018 BOS Minutes 262 November 6, 2018 BOS Minutes 263 November 6, 2018 BOS Minutes 264 November 6, 2018 BOS Minutes 265 Kirker Pass Road Northbound Truck Climbing Lane Project Initial Study/Mitigated Negative Declaration Contra Costa County Public Works Department August 2016 Project No.: 0662-6R4052 County CEQA No.: (CP# 15-04) Page 1 of 73 Environmental Checklist Form 1. Project Title: Kirker Pass Road Northbound Truck Climbing Lane Project 2. Lead Agency Name and Address: Contra Costa County Department of Conservation and Development 30 Muir Road, Martinez, CA 94553 3. Contact Person and Phone Number: Claudia Gemberling, Environmental Analyst, (925) 313-2192 Contra Costa County Public Works Department 4. Project Location: The project is located along a 1.2 mile stretch of Kirker Pass Road, between Clearbrook Drive in the City of Concord to the northern Hess Road intersection in central-eastern Contra Costa County (Figures 1- 3). 5. Project Sponsor's Name and Address: Contra Costa County Public Works Department 255 Glacier Drive, Martinez CA 94553 6. General Plan Designation: AL (Agricultural Lands) 7. Zoning: A-4 (Agricultural Preserve), A-2 (General Agriculture) 8. Project Description: The Contra Costa County Public Works Department (PWD) proposes to provide a truck climbing lane along a 1.2-mile section of Kirker Pass Road between Clearbrook Drive in the City of Concord and the northernmost Hess Road intersection. Kirker Pass Road is a four-lane principal arterial and route of regional significance between Central and East Contra Costa County. The roadway connects the City of Concord on the southwest end, through the Meridian Hills, to the City of Pittsburg on the northeast end. The purpose of the project is to provide a northbound truck climbing lane and paved shoulders for future Class II bike lanes. The project is intended to improve circulation for motorists and bicyclists along this stretch of road. The road is frequently used by commuters and has heavy truck traffic. With sustained grades steeper than 8 percent, trucks are unable to match the speed of other vehicles on the roadway, causing significant congestion and impacting traffic flow. Project elements will include roadway widening for the truck climbing lane, paved shoulders for future Class II bike lanes, relocation of drainage features, retaining wall construction; installation of signage and striping; construction of two bioretention areas; roadway conforms due to change in grade; and relocation of other existing roadside features. An open grade asphalt concrete overlay will be placed along the southbound and northbound lanes. November 6, 2018 BOS Minutes 266 Kirker Pass Road Northbound Truck Climbing Lane Project Initial Study/Mitigated Negative Declaration Contra Costa County Public Works Department August 2016 Project No.: 0662-6R4052 County CEQA No.: (CP# 15-04) Page 2 of 73 Construction is expected to begin in 2018 and may require two construction seasons. Standard construction equipment will be used, including but not limited to: excavators, graders, scrapers, loaders, sweepers/scrubbers, plate compactors, rollers, backhoes, cranes, drill rigs, and pavers. Construction activities will generally be limited to the hours between 7:00 a.m. to 5:00 p.m. with noise-generating activities focused between 8:00 a.m. to 5:00 p.m.; however, there will be limited night work as necessary. Disturbed areas will be stabilized following construction to ensure appropriate erosion and sediment control. 9. Surrounding Land Uses and Setting: The project is located within the northern foothills of Mount Diablo near Kirker Pass. In this location, Kirker Pass Road climbs steeply from the low-lying Clayton Valley, summits near Kirker Pass at an elevation of 965 feet, and descends toward the City of Pittsburg. The project area includes the paved northbound travel lanes of the existing road right-of-way, compacted gravel road shoulders, and steep canyon slopes and grade cuts that are located to the south of the road. The surrounding area is characterized by hilly grassland, undeveloped terrain north of the road and sparse rural development south of the road, with the Concord Pavilion located further south at the western end of the project. 10. Other public agencies whose approval is required (e.g. permits, financing, approval, or participation agreement): Federal Highway Administration (FHWA), California Department of Transportation (Caltrans) Contra Costa Transportation Authority (CCTA), Regional Water Quality Control Board (RWQCB)-San Francisco Bay, California Department of Fish and Wildlife (CDFW)-Region 3, U.S. Army Corps of Engineers (USACE)-San Francisco District, U.S. Fish and Wildlife Service (USFWS), East Contra Costa County Habitat Conservancy (Habitat Conservancy). November 6, 2018 BOS Minutes 267 November 6, 2018 BOS Minutes 268 Kirker Pass Road Northbound Truck Climbing Lane Project Initial Study/Mitigated Negative Declaration Contra Costa County Public Works Department August 2016 Project No.: 0662-6R4052 County CEQA No.: (CP# 15-04) Page 4 of 73 PAGE INTENTIONALLY LEFT BLANK November 6, 2018 BOS Minutes 269 Kirker Pass Road Northbound Truck Climbing Lane Project Initial Study/Mitigated Negative Declaration Contra Costa County Public Works Department August 2016 Project No.: 0662-6R4052 County CEQA No.: (CP# 15-04) Page 5 of 73 EVALUATION OF ENVIRONMENTAL IMPACTS: I. AESTHETICS Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact Would the project: a) Have a substantial adverse effect on a scenic vista? b) Substantially damage scenic resources, including but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? c) Substantially degrade the existing visual character or quality of the site and its surroundings? d) Create a new source of substantial light or glare that would adversely affect day or nighttime views in the area? Contra Costa County has two main scenic resources in addition to many localized scenic features: (1) scenic ridges, hillsides, and rock outcroppings; and (2) the San Francisco Bay/Delta estuary system. Throughout much of the County, there are significant topographic variations in the landscape. The largest and most prominent of these are the hills that form the backdrop for much of the developed portions of the area. Views of these major ridgelines help to reinforce the rural feeling of the County’s rapidly growing communities (Contra Costa County 2005a). a) Would the project have a substantial adverse effect on a scenic vista? The project area generally consists of steep to moderately steep rolling, hilly topography dominated by ruderal and annual (non-native) grassland vegetation. The project area’s viewshed is primarily made up of cattle-grazed pastureland and hillsides. Following construction these will remain the primary views. The retaining walls will receive an architectural treatment such as exposed rock, textural wave, or vertical ribbing to provide textural interest to the otherwise plain concrete surface. The walls will be installed at the edges of existing stands of trees, many of which will be intentionally retained where possible. Based on the textural finish, retained trees, and remaining views of adjacent hillsides, the project will not substantially change the overall visual character of the area. Therefore, project impacts will be less than significant. b) Would the project substantially damage scenic resources, including but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? The project site is not located within a state scenic highway; however, Kirker Pass Road is designated as a Scenic Route (Caltrans 2015a; County General Plan 2005l). The project is consistent with the Scenic Routes Implementation Measure 5-bh (County General Plan 2005l) as the visual qualities and character of the roadway were considered during plan design and the design will remain consistent with the rural character of the area, despite the new retaining walls. Further, the purpose of the project is const ructing a truck lane which will improve traffic flow on Kirker Pass Road, a benefit to the traveling public. Therefore, project impacts will be less than significant. November 6, 2018 BOS Minutes 270 Kirker Pass Road Northbound Truck Climbing Lane Project Initial Study/Mitigated Negative Declaration Contra Costa County Public Works Department August 2016 Project No.: 0662-6R4052 County CEQA No.: (CP# 15-04) Page 6 of 73 c) Would the project substantially degrade the existing visual character or quality of the site and its surroundings? The project will not substantially degrade the existing visual character or quality of the site and its surroundings as the project will be limited to areas immediately around the existing roadway and based on the textural retaining wall finish, retained trees, and persisting views of adjacent hillsides, the project will not substantially change the overall visual character of the area. Construction activities may degrade the visual character of this area but this impact will be limited and temporary. Therefore, project impacts will be less than significant. d) Create a new source of substantial light or glare that would adversely affect day or nighttime views in the area? The constructed project will not introduce a new source of light or glare. The majority of construction will take place during the daylight hours; however, some night work will occur and must be approved by the County Resident Engineer who will be available to address any concerns. Therefore, project impacts will be less than significant. November 6, 2018 BOS Minutes 271 Kirker Pass Road Northbound Truck Climbing Lane Project Initial Study/Mitigated Negative Declaration Contra Costa County Public Works Department August 2016 Project No.: 0662-6R4052 County CEQA No.: (CP# 15-04) Page 7 of 73 II. AGRICULTURE AND FOREST RESOURCES Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? b) Conflict with existing zoning for agricultural use, or a Williamson Act Contract? c) Conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code section 12220(g), timberland (as defined by Public Resources Code section 4526), or timberland zoned Timberland Production (as defined by Government Code section 51104(g)? d) Result in the loss of forest land or conversion of forest land to non-forest use? e) Involve other changes in the existing environment, which due to their location or nature, could result in conversion of farmland, to non-agricultural use or conversion of forest land to non-forest use? Regulatory Background The Farmland Mapping and Monitoring Program (FMMP) was established in 1982 in response to a critical need for assessing the location, quality, and quantity of agricultural lands and conversion of these lands over time. FMMP is a non-regulatory program that provides a consistent and impartial analysis of agricultural land use and land use changes throughout California (California Department of Conservation [DOC] 2015). In order to be shown on FMMP’s Important Farmland Maps as Prime Farmland and Farmland of Statewide Importance the land must have been used for irrigated agricultural production at some time during the four years prior to the Important Farmland Map date and must meet physical and chemical soil criteria as determined by the Natural Resource Conservation Service. Prime Farmland has the best combination of physical and chemical features able to sustain long term agricultural production. This land has the soil quality, growing season, and moisture supply needed to produce sustained high yields. Farmland of Statewide Importance is similar to Prime Farmland but with minor shortcomings, such as greater slopes or less ability to store soil moisture. Unique Farmland consists of lesser quality soils used for the production of the state's leading agricultural crops; this land is usually irrigated, but may include non-irrigated orchards or vineyards as found in some climatic zones in California (California Department of Conservation [DOC] 2015). In addition, land may be enrolled under the ‘Prime Agricultural Land’ designation under the state’s Williamson Act if it meets certain economic or production criteria. The California Land Conservation Act of 1965, commonly known as the Williamson Act, created a program to help counties preserve agricultural land November 6, 2018 BOS Minutes 272 Kirker Pass Road Northbound Truck Climbing Lane Project Initial Study/Mitigated Negative Declaration Contra Costa County Public Works Department August 2016 Project No.: 0662-6R4052 County CEQA No.: (CP# 15-04) Page 8 of 73 and open space by offering a tax incentive to property owners. The Williamson Act provides an arrangement where private landowners voluntarily restrict their land to agricultural and compatible open space uses under a contract with the County (Contra Costa County Department of Conservation and Development [CCCDCD] 2015). a) Would the project convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? County staff completed a Farmland Conversion Impact Rating analysis and received concurrence from USDA Natural Resources Conservation Service (NRCS) staff that the project location lacks the specific soil and site characteristics to meet the Prime, Unique, or Farmland of Statewide Importance designation (USDA NRCS 2015). Therefore, the project will have no impact. b) Would the project conflict with existing zoning for agricultural use, or a Williamson Act Contract? A portion of the project is located adjacent to two Williamson Act contracted parcels (094-130-017 and 118-050-009). The project will not require any rights of way from these two parcels or convert their existing agriculture zoning but may require temporary and/or permanent easements from parcel 118-050- 009. California Government Code Section 51292 allows for public improvements if no other land outside the agricultural preserve is reasonably feasible to locate the public improvement with notification and explanation to the California Department of Conservation (DOC) and local governing body responsible for administration of the Williamson Act program (DOC 2015a, b). No other non-Williamson Act contracted lands can be considered as the easement is needed at this specific location adjacent to the road. Further, the easement will not ultimately convert the agricultural land use as the land will be returned to pre-project conditions. Nevertheless, CCCPWD will notify DOC and the CCCDCD in accordance with California Government Code Section 51292. Therefore, project impacts will be less than significant. c) Would the project conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code section 12220(g)), timberland (as defined by Public Resources Code section 4526), or timberland zoned Timberland Production (as defined by Government Code section 51104(g)? The project will not conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code section 12220(g), timberland (as defined by Public Resources Code section 4526), or timberland zoned Timberland Production (as defined by Government Code section 51104(g) as no forest land or timberland is present within or adjacent to the project area. Therefore, the project will have no impact. d) Would the project result in the loss of forest land or conversion of forest land to non-forest use? The project will not result in the loss of forest land or conversion of forest land to non-forest use because forest land is not present within or adjacent to the project area. Therefore, the project will have no impact. e) Would the project involve other changes in the existing environment, which due to their location or nature, could result in conversion of farmland, to non-agricultural use or conversion of forest land to non-forest use? The project will not result in other changes that would result in conversion of farmland or forest land. Therefore, project impacts will be no impact. November 6, 2018 BOS Minutes 273 Kirker Pass Road Northbound Truck Climbing Lane Project Initial Study/Mitigated Negative Declaration Contra Costa County Public Works Department August 2016 Project No.: 0662-6R4052 County CEQA No.: (CP# 15-04) Page 9 of 73 III. AIR QUALITY Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact Would the project: a) Conflict with or obstruct implementation of the applicable air quality plan? b) Violate any air quality standard or contribute to an existing or projected air quality violation? c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is a non-attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? d) Expose sensitive receptors to substantial pollutant concentrations? e) Create objectionable odors affecting a substantial number of people? Regulatory Background The federal Clean Air Act (CAA) requires the U. S. Environmental Protection Agency (USEPA) to set National Ambient Air Quality Standards (NAAQS) for six common criteria air pollutants: particulate matter, ground-level ozone, carbon monoxide, sulfur oxides, nitrogen oxides, and lead. Of the six pollutants, particle pollution and ground-level ozone are the most widespread health threats. The CAA requires the USEPA to designate areas as meeting (attainment) or not meeting (nonattainment) the standards (USEPA 2015). In addition, the California Health and Safety Code requires the California Air Resources Board (CARB), a division of the California EPA, to establish and periodically review area designation criteria for state standards, which are more stringent than federal standards. The project is located within the San Francisco Bay Area Air Basin which is currently designated as nonattainment for national and state ozone and particulate matter standards (Bay Area Air Quality Management District [BAAQMD] 2015a). The CAA also requires states to develop a general plan to attain and maintain the NAAQS and a specific plan to attain the standards for each nonattainment area. The CARB and the BAAQMD periodically prepare and update these plans in cooperation with regional agency partners. Th ese plans usually define control strategies to reduce air pollutant emissions from industrial facilities, commercial processes, motor vehicles, and other sources which are typically implemented through a combination of regulations enforced by the BAAQMD, grant and incentive programs, public education and outreach, and partnerships with other agencies and stakeholders. The current air quality plan is the 2010 Clean Air Plan which includes the most recent ozone attainment plan and focuses on reduction of ozon e, particulate matter, and greenhouse gases (GHGs) (BAAQMD 2010a). In order to address GHGs, which include criteria air pollutants (regional pollutants) and toxic air contaminants (local pollutants), the BAAQMD adopted CEQA thresholds of significance and updated its 1999 CEQA Air Quality Guidelines in 2010 to assist lead agencies in evaluating air quality impacts to November 6, 2018 BOS Minutes 274 Kirker Pass Road Northbound Truck Climbing Lane Project Initial Study/Mitigated Negative Declaration Contra Costa County Public Works Department August 2016 Project No.: 0662-6R4052 County CEQA No.: (CP# 15-04) Page 10 of 73 determine if a project’s individual emissions would be cumulatively considerable. Various modeling tools are used to estimate emissions based on the type of project (i.e., land use developments, linear transportation and utility projects) (BAAQMD 2010b). However, the BAAQMD’s 2010 adopted thresholds were challenged in a lawsuit and in March 2012 the Alameda County Superior Court issued a judgment finding that the BAAQMD had failed to comply with CEQA when it adopted the 2010 thresholds of significance. As such, the 2010 thresholds are not formally in place pending CEQA review and have been pulled from the 2011 CEQA Guidelines which were updated in 2012 to omit the thresholds to reflect this ruling (BAAQMD 2012). In the interim, while the BAAQMD has indicated that Lead Agencies may rely on BAAQMD’s updated CEQA Guidelines for assistance in calculating air pollution emissions, obtaining information regarding health impacts of air pollutants, and identifying potential mitigation measures, the BAAQMD suggests that Lead Agencies determine appropriate thresholds for each project, and consider the 1999 thresholds along with the evidence in record for the project to determine air quality impacts. The deferral of the 2010 thresholds was based on a procedural action and not on the scientific merits of the thresholds. For this reason, and in this case, the 2010 thresholds were used to determine the project impacts. The 1999 and 2012 CEQA Guidelines were also consulted (BAAQMD 1999, 2010b, 2012). In addition to criteria air pollutants, naturally-occurring asbestos (NOA), a toxic air contaminant, is also an air pollutant of concern. It can cause lung cancer and mesothelioma which is dependent upon the type of asbestos fibers inhaled and exposure levels. NOA is typically associated with serpentinite and ultramafic rocks formed in high-temperature environments below the surface of the earth when metamorphic conditions are right for the formation of asbestos. The BAAQMD requires that projects implement the best available dust control measures where NOA is likely to be found in order to reduce dust emissions as well as notification to the BAAQMD (BAAQMD 2015b, CARB 2015, Office of Planning and Research [OPR] 2008a). The project area is not located within an area identified as having rocks associated with NOA (DOC 2000). a) Would the project conflict with or obstruct implementation of the applicable air quality plan? The air quality plan applicable to the project area is the Contra Costa County Climate Action Plan, adopted on December 15, 2015 which is consistent with the BAAQMD Bay Area 2010 Clean Air Plan (Clean Air Plan) adopted on September 15, 2010 (CCCDCD 2015b, BAAQMD 2010a). Both plans identify strategies to improve air quality and protect public health through implementation of control measures. The BAAQMD Clean Air Plan identifies a number of control measures for stationary, mobile, transportation, land use and local impact, and energy and climate sources. The County Climate Action Plan identifies implementation measures for energy efficiency and conservation, renewable energy, land use and transportation, solid waste, water conservation, and government operations. While most of the measures are not applicable to the project as the completed project will not create air pollutant sources beyond what already exists from existing traffic use of the road, the project will not conflict with or obstruct implementation of the applicable air quality plans as the project will improve the performance and efficiency of traffic movement. The additional truck climbing lane will alleviate congestion caused by passenger cars being trapped behind slow-moving trucks climbing Kirker Pass Road and would be expected to reduce congestion-related tailpipe emissions. Therefore, project impacts will be less than significant. November 6, 2018 BOS Minutes 275 Kirker Pass Road Northbound Truck Climbing Lane Project Initial Study/Mitigated Negative Declaration Contra Costa County Public Works Department August 2016 Project No.: 0662-6R4052 County CEQA No.: (CP# 15-04) Page 11 of 73 b) Would the project violate any air quality standard or contribute to an existing or projected air quality violation? Both the state and federal governments have established health-based Ambient Air Quality Standards for six criteria air pollutants: carbon monoxide (CO), ozone (O3), nitrogen dioxide (NO2), sulfur dioxide (SO2), lead (Pb), and suspended particulate matter (PM). These standards are designed to protect the health and welfare of the populace with a reasonable margin of safety. The Bay Area is under nonattainment status for State 1-hour and 8-hour ozone standards. In addition, the Bay Area was designated as a nonattainment area for the federal 8-hour ozone standard. The Bay Area is also considered a nonattainment area for PM2.5 at the state level and an attainment area at the federal level. To meet these standards the BAAQMD has established project level thresholds for reactive organic gases (ROG), nitrogen oxides (NOx), and particulate matter 2.5 (PM2.5). ROG is formed from combustion of fuels and evaporation of organic solvents. ROG is an ozone precursor and a prime component of the photochemical reaction that forms ozone. NOx refers to the compounds of NO2, a reddish-brown gas, and nitric oxide (NO), a colorless, odorless gas, that are formed from fuel combustion under high temperature or pressure. NOx is a primary component of the photochemical smog reaction. PM2.5 refers to fine suspended particulate matter with an aerodynamic diameter of 2.5 microns or less, and particulate matter 10 (PM10) refers to coarse particles that are larger than 2.5 microns but smaller than 10 microns. According to the BAAQMD’s CEQA Air Quality Guidelines (2012), to meet air quality standards for operational-related criteria air pollutant and air precursor impacts, the project must not: 1. Generate construction emissions of ROG, NOx or PM2.5 greater than 54 pounds per day or PM10 exhaust emissions greater than 82 pounds per day; 2. Contribute to CO concentrations exceeding the state ambient air quality standards; or 3. Generate operation emissions of ROG, NOx or PM2.5 of greater than 10 tons per year or 54 pounds per day or PM10 emissions greater than 15 tons per year or 82 pounds per day. During construction, short-term degradation of air quality may occur due to the release of particulate emissions generated by excavation, grading, hauling, and other activities. Emissions from construction equipment are also anticipated and would include CO, NOx, ROG, directly-emitted particulate matter (PM2.5 and PM10), and toxic air contaminants (TACs) such as diesel exhaust particulate matter. Site preparation and project construction would involve grading and paving activities. Construction-related effects on air quality from the proposed project would be greatest during the site preparation phase because most engine emissions are associated with the excavation, handling, and transport of soils on the site. Sources of fugitive dust would include disturbed soils at the construction site. PM10 emissions would depend on soil moisture, silt content of soil, wind speed, and the number of equipment pieces operating on-site. Larger dust particles would settle near the source, while fine particles would be dispersed over greater distances from the construction site. Water or other soil stabilizers can be used to control dust, resulting in emission reductions of 50 percent or more. The BAAQMD has established standard measures for reducing fugitive dust emissions (PM10). With the implementation of standard construction measures such as frequent watering (e.g., two times per day at a minimum), fugitive dust emissions from construction activities would not result in adverse air quality impacts. In addition to dust-related PM10 emissions, construction equipment powered by gasoline and diesel engines would generate CO, SO2, NOx, VOCs and some soot particulate (PM2.5 and PM10) in exhaust emissions. These emissions would be temporary and limited to the immediate area surrounding the construction sites. Construction emissions for the project were calculated using the Road Construction Emissions Model v. 7.1.5.1, developed by the Sacramento Metropolitan Air Quality Management District. Construction will likely occur over two November 6, 2018 BOS Minutes 276 Kirker Pass Road Northbound Truck Climbing Lane Project Initial Study/Mitigated Negative Declaration Contra Costa County Public Works Department August 2016 Project No.: 0662-6R4052 County CEQA No.: (CP# 15-04) Page 12 of 73 construction seasons, during the months of April through October, in 2018 and 2019, for a total duration of approximately 12 months. Construction-related emissions for the project are shown in Table 1. As shown in Table 1, average daily construction emissions would not exceed the BAAQMD’s numeric threshold for ROG, NOx or particulate matter exhaust emissions. However, in order to reduce fugitive dust emissions to a less than significant level, the following BAAQMD Construction Mitigation Measures (2012) would be implemented. MITIGATION MEASURE AIR-1: Consistent with the Construction Mitigation Measures required by the BAAQMD, the following actions shall be incorporated into construction contracts and specifications for the project: 1. All exposed surfaces (e.g., parking areas, staging areas, soi l piles, graded areas, and unpaved access roads) shall be watered two times per day. 2. All haul trucks transporting soil, sand, or other loose material off-site shall be covered. 3. All visible mud or dirt tracked-out onto adjacent public roads shall be removed using wet power vacuum street sweepers at least once per day. The use of dry power sweeping is prohibited. 4. All vehicle speeds on unpaved roads shall be limited to 15 mph. 5. All roadways, driveways, and sidewalks to be paved shall be completed as soon as possible. 6. Idling times shall be minimized either by shutting equipment off when not in use or reducing the maximum idling time to 5 minutes (as required by the California airborne toxics control measure Title 13, Section 2485 of California Code of Regulations [CCR]). Clear signage shall be provided for construction workers at all access points. 7. All construction equipment shall be maintained and properly tuned in accordance with manufacturer’s specifications. All equipment shall be checked by a certified mechanic and determined to be running in proper condition prior to operation. 8. A publicly visible sign shall be posted with the telephone number and contact information for the designated on-site construction manager available to receive and respond to dust co mplaints. This person shall report all complaints to Contra Costa County and take immediate corrective action as soon as practical but not more than 48 hours after the complaint is received. The BAAQMD’s phone number shall also be visible to ensure compliance with applicable regulations. Localized CO ImpactsThe BAAQMD has established a screening methodology that provides a conservative indication of whether implementation of a proposed project would result in significant CO emissions. According to the BAAQMD’s CEQA Air Quality Guidelines, a proposed project would result in a less-than-significant impact to localized CO concentrations if the following screening criteria are met: 1. The project is consistent with an applicable congestion management program established by the Table 1: Project Construction Emissions in Pounds Per Day Project Construction ROG NOx CO Exhaust PM2.5 Exhaust PM10 Average Daily Emissions 5.5 52.6 26.8 2.7 2.7 BAAQMD Thresholds 54.0 54.0 NA 54.0 82.0 Exceed Threshold? No No NA No No Source: LSA Associates, Inc., 2015. November 6, 2018 BOS Minutes 277 Kirker Pass Road Northbound Truck Climbing Lane Project Initial Study/Mitigated Negative Declaration Contra Costa County Public Works Department August 2016 Project No.: 0662-6R4052 County CEQA No.: (CP# 15-04) Page 13 of 73 county congestion management agency for designated roads or highways, and the regional transportation plan and local congestion management agency plans. 2. The proposed project would be expected to alleviate congestion on roadways and not increase traffic volumes. Therefore, the project would not increase traffic volumes at affected intersections to more than 44,000 vehicles per hour, nor would it increase traffic volumes at affected intersections to more than 24,000 vehicles per hour where vertical and/or horizontal mixing is substantially limited (e.g., tunnel, parking garage, bridge underpass, natural or urban street canyon, or below-grade roadway). The proposed project would not conflict with the Contra Costa County Transportation Authority’s Congestion Management Program for designated roads or highways, a regional transportation plan, or other agency plans (CCTA 2013). Therefore, the proposed project would not result in localized CO concentrations that exceed state or federal standards. Further, the proposed project would consist of a dedicated truck climbing lane. The roadway project would help alleviate congestion caused by passenger cars being trapped behind slow-moving trucks climbing Kirker Pass Road and would be expected to reduce congestion-related tailpipe emissions. Therefore, project impacts will be less than significant with mitigation incorporated. c) Would the project result in a cumulatively considerable net increase of any criteria pollutant for which the project region is a non-attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? CEQA defines a cumulative impact as two or more individual effects, which when considered together, are considerable or which compound or increase other environmental impacts. According to the BAAQMD, air pollution is largely a cumulative impact and no single project is sufficient in size itself to result in nonattainment of ambient air quality standards. In developing the thresholds of significance for air pollutants used in the analysis above, the BAAQMD considered the emission levels for which a project’s individual emissions would be cumulatively considerable. The BAAQMD CEQA Air Quality Guidelines (2012) indicate that if a project exceeds the identified significance thresholds, it’s emissions would be cumulatively considerable, resulting in significant adverse air quality impacts to the region’s existing air quality conditions. Therefore, if a project’s daily average or annual emissions of operational - related criteria air pollutants exceed any applicable threshold established by the BAAQMD, the proposed project would result in a cumulatively significant impact. Because the project would likely reduce operational emissions with improved traffic flow (less congestion resulting from slower moving trucks), the proposed project would not exceed established thresholds for regional emissions or make a cumulatively considerable contribution to regional air quality impacts. Therefore, project impacts will be less than significant. d) Would the project expose sensitive receptors to substantial pollutant concentrations? Sensitive receptors are defined as residential uses, schools, daycare centers, nursing homes, and medical centers, and other high-risk receptors. Individuals particularly vulnerable to diesel particulate matter (DPM) are children, with lung tissue that is still developing, and the elderly, who may have serious health problems that can be aggravated by exposure to DPM. Health risks from toxic air contaminants (TACs) such as construction diesel emissions are a function of both concentration and duration of exposure. Construction diesel emissions are temporary, affecting an area for a period of days or perhaps weeks throughout the construction period. Additionally, construction-related sources are mobile and transient in nature and the emissions occur with the project site with concentration dispersing rapidly with distance. November 6, 2018 BOS Minutes 278 Kirker Pass Road Northbound Truck Climbing Lane Project Initial Study/Mitigated Negative Declaration Contra Costa County Public Works Department August 2016 Project No.: 0662-6R4052 County CEQA No.: (CP# 15-04) Page 14 of 73 Implementation of Mitigation Measure AIR-1 would help to reduce construction pollutant concentrations. The closest sensitive receptor in the project vicinity is a residence located approximately 200 feet east of Kirker Pass Road on Hess Road on the northern end of the project boundary. Residents could be temporarily exposed to diesel engine exhaust during the construction period due to the operation of construction equipment. The BAAQMD CEQA significance threshold for potential effects of DPM applies to the hypothetical exposure of a person continuously for 70 years. The duration of the construction period is expected to be a total of 12 months spread over two construction seasons which is relatively short when compared to the 70-year risk exposure period. Additionally, the 12 month duration would cover the entire 1.2 mile length of the project, therefore emission concentrations at any one receptor location would have a much shorter duration. Therefore, due to the short duration of the construction period and the dispersion of project construction emissions, health risk impacts associated with project construction would be less than significant. Additionally, with implementation of Mitigation Measure AIR-1, which is consistent with BAAQMD guidelines, health risks from construction emissions of DPM would be less than significant. Therefore, project impacts will be less than significant with mitigation. e) Would the project create objectionable odors affecting a substantial number of people? The proposed project would include the addition of a truck climbing lane on Kirker Pass Road. There may be odors associated with project construction, but these will be limited and temporary in nature therefore, project impacts will be less than significant. November 6, 2018 BOS Minutes 279 Kirker Pass Road Northbound Truck Climbing Lane Project Initial Study/Mitigated Negative Declaration Contra Costa County Public Works Department August 2016 Project No.: 0662-6R4052 County CEQA No.: (CP# 15-04) Page 15 of 73 IV. BIOLOGICAL RESOURCES Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact Would the project: a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Wildlife or U.S. Fish and Wildlife Service? b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Wildlife or U.S. Fish and Wildlife Service? c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? e) Conflict with any local policies or ordinances protecting biological resources, such as tree preservation policy or ordinance? f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional or state habitat conservation plan? Regulatory Background In 1973, the federal Endangered Species Act (ESA) was passed by Congress to protect ecosystems supporting special-status species to be administered by the U. S. Fish and Wildlife Service (USFWS). The California Endangered Species Act was passed as a parallel act to be administered by the California Department of Fish and Wildlife (CDFW). Special-status plant and wildlife species are defined as those species listed as Endangered, Threatened, or Proposed for listing or are designated as Fully Protected species under one or more of the following regulatory status: November 6, 2018 BOS Minutes 280 Kirker Pass Road Northbound Truck Climbing Lane Project Initial Study/Mitigated Negative Declaration Contra Costa County Public Works Department August 2016 Project No.: 0662-6R4052 County CEQA No.: (CP# 15-04) Page 16 of 73  Federal Endangered Species Act, as amended (Code of Federal Regulations, Title 50, Section 17);  California Endangered Species Act (California Code of Regulations Title 14, Section 670.5);  California Fish and Game Code (Section 1901, 2062, 2067, 3511, 4700, 5050, and 5515);  Species considered to be rare or endangered under the conditions of Section 15380 of the CEQA Guidelines such as those identified in the Inventory of Rare and Endangered Vascular Plants of California by the California Native Plant Society (CNPS) (Native Plant Protection Act of 1977); and  Other species that are considered sensitive or of special concern due to limited distribution or lack of adequate information to permit listing, or rejection for state or federal status such as Species of Special Concern (SSC) designated by the CDFW as well as locally rare species defined by CEQA Guidelines 15125(c) and 15380, which may include species that are designated as sensitive, declining, rare, locally endemic or as having limited or restricted distribution by various federal, state, and local agencies, organizations, and watchlists such as those identified in the CDFW California Natural Diversity Database; as well as birds and raptors protected under the Federal Migratory Bird Treaty Act (16 U.S.C. 703-711) (Executive Order 13186). East Contra Costa County Habitat Conservation Plan/Natural Community Conservation Plan The East Contra Costa County Habitat Conservation Plan/Natural Community Conservation Plan (HCP/NCCP or Plan) is intended to provide an effective framework to protect natural resources and special- status species recovery in eastern Contra Costa County while improving and streamlining the environmental permitting process for impacts on these species and associated habitats. The HCP/NCCP complies with Section 10(a)(1)(B) of the federal ESA and California Natural Community Conservation Planning Act of 2003 and as such covered activities are authorized to have incidental take of HCP/NCCP-covered special- status species subject to mitigation fees for both permanent and temporary impacts to species habitats and implementation of specific conditions and conservation measures to avoid or minimize potential effects to species and/or their habitats (Jones & Stokes 2006). The project is a covered activity under the HCP/NCCP; however, approximately one third of the project’s alignment falls outside the Plan Service Area (the portion of the project that lies within the Concord City Limits). The portion of the project that falls within the Plan Service Area will comply with all avoidance and minimization measures and mitigation fee payment required by the Plan and will receive incidental take coverage for HCP/NCCP-covered species via the Plan. However, the HCP/NCCP cannot provide take coverage for HCP/NCCP-covered species outside the Plan area, so for the portion of the project outside the Plan Service Area, the Public Works Department will obtain a separate Section 2081 Incidental Take Permit from the CDFW and a separate Section 7 Biological Opinion from the USFWS. Nevertheless, in an effort to provide for reasonable streamlining, staff from the Public Works Department worked with staff from the Habitat Conservancy who in turn coordinated with staff from the signatory Wildlife Agencies (USFWS and CDFW) to provide a framework for consistent, project-wide avoidance and minimization measures based on the measures in the HCP/NCCP and to allow the project to be mitigated through a mitigation fee payment to the Habitat Conservancy. The Habitat Conservancy will use the mitigation fees paid for the project’s impacts to create beneficial mitigation that is consistent with the overall conservation strategy of the HCP/NCCP. This will allow the project to have a consistent mitigation approach for the full project alignment but it will ensure that the impacts due to the portion of the project that falls outside the Plan Service Area do not count against the Plan’s take limits, nor will they count toward the Plan’s overall conversation requirements (East Contra Costa County Habitat Conservancy 2016). November 6, 2018 BOS Minutes 281 Kirker Pass Road Northbound Truck Climbing Lane Project Initial Study/Mitigated Negative Declaration Contra Costa County Public Works Department August 2016 Project No.: 0662-6R4052 County CEQA No.: (CP# 15-04) Page 17 of 73 Environmental Setting The project vicinity can be characterized as steep rolling hills, grazing land, riparian woodland, and oak woodland that support several native tree and shrub species, including valley oak, California walnut, cottonwood, and arroyo willow. Riparian woodland is the predominant tree canopy found within the project boundary. The riparian woodland is concentrated in two areas of the project boundary; the western and eastern limits. Both riparian woodland concentrations follow a ravine that runs along the south side of Kirker Pass Road; the ravine experiences above ground water flow due to the presence of an unnamed intermittent stream. Single family residences are located at the western and eastern ends of the project boundary. Suburban homes are located north of Clearbrook Road on the northern side of Kirker Pass Road. A salvage yard is present below the intersection of Kirker Pass Road and Hess Road; this yard contains a mobile home and permanent structures that may house residents. Qualified biologists conducted habitat assessments to identify habitats within and around the project area to determine if sensitive habitats, natural communities, and wetlands and waters of the U.S. occur. Habitat assessments were conducted from May 23rd to July 18th 2014 and updated in October of 2015 (LSA Associates 2015a,b). The majority of the area surrounding the project limits is grazing land. A number of plant and wildlife species from the region were considered and either determined to have the potential to occur within the project vicinity or not; based on the level of suitable habitat within or adjacent to the project area. No special-status fish species have the potential to occur within the project area. The animal and plant species in Table 1 below were determined to have the potential to occur in the project vicinity. Table 1: Special-Status Species that may be impacted by the Project SPECIES LISTING STATUS* HCP/NCCP STATUS POTENTIAL PROJECT IMPACT Amphibians California red-legged frog Fed: FT CA: SSC Covered Upland Aestivation non-breeding habitat California tiger salamander Fed: FT CA: SSC Covered Upland Aestivation non-breeding habitat Birds Golden eagle Fed: BGPA CA: CAFWC Covered Nesting and Foraging Habitat Burrowing owl Fed: None CA: SSC Covered Nesting and Foraging Habitat White tailed kite Fed: MBTA CA: Fully protected Not Covered Nesting and Foraging Habitat Bats Townsend’s big-eared bat Fed: None CA: Candidate Covered Possible day or night roosting Pallid bat Fed: None CA: SSC Not Covered Possible day or night roosting Mammals San Joaquin kit fox Fed: FE CA: ST Covered Denning and Foraging Habitat November 6, 2018 BOS Minutes 282 Kirker Pass Road Northbound Truck Climbing Lane Project Initial Study/Mitigated Negative Declaration Contra Costa County Public Works Department August 2016 Project No.: 0662-6R4052 County CEQA No.: (CP# 15-04) Page 18 of 73 Plants Diablo helianthella Fed: None CA: 1B Covered identified in the BSA but outside project limits (FE) Federally Endangered; (T) Threatened; (SSC) Special Species of Concern; (BGPA) Bald, Golden Eagle Protection Act; (FP) Fully Protected; (1B) California Rare Plant Rank, (MBTA) Migratory Bird Treaty Act, (CAFWC) California Fish and Wildlife Code. a) Would the project have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Wildlife or U.S. Fish and Wildlife Service? The project will result in permanent impacts to approximately 3.828 acres (0.893 acre of these impacts will occur outside of the Plan Service Area) and temporary impacts to approximately 2.723 acre (0.576 acre of these impacts will occur outside of the Plan Service Area) (East Contra Costa County Habitat Conservancy 2016a,b). However; the project will not have a substantial adverse effect on any species identified as a candidate, sensitive or special status species in local or regional plans, because project- related impacts will be avoided, minimized, or appropriately mitigated. Measures to avoid, minimize and/or mitigate project impacts are described below: California red-legged frog Suitable aestivation, foraging, and/or dispersal habitat occurs in the project area. However, because the project does not contain suitable California red-legged frog breeding habitat, no species-specific avoidance and minimization measures are required under the HCP/NCCP. Further, early consultation with CDFW, USFWS and the Conservancy has led to a tentative agreement to allow the Public Works Department to follow the HCP/NCCP avoidance and minimization measures project-wide, including the area outside the Plan Service Area. This avoidance strategy has been approved by the Habitat Conservancy Board as a component of a larger strategy to provide streamlined permitting for this project even though it falls both outside of and within the Plan Service Area (East Contra Costa County Habitat Conservancy 2016a,b). California Tiger Salamander Suitable aestivation, foraging, and/or dispersal habitat occurs in the project area. However, because the project does not contain suitable California tiger salamander breeding habitat, no species-specific avoidance and minimization measures are required under the HCP/NCCP. Further, early consultation with CDFW, USFWS and the Conservancy has led to a tentative agreement to allow the Public Works Department to follow the HCP/NCCP avoidance and minimization measures project-wide, including the area outside the Plan Service Area. This avoidance strategy has been approved by the Habitat Conservancy Board as a component of a larger strategy to provide streamlined permitting for this project even though it falls both outside of and within the Plan Service Area (East Contra Costa County Habitat Conservancy 2016a,b). Golden eagle The limited large trees in the vicinity of the project vicinity are unlikely to provide suitable nesting habitat due to human activity along Kirker Pass Road; however, the possibility of nesting cannot be completely ruled out. Therefore, the following avoidance measure will be implemented prior to start of construction. November 6, 2018 BOS Minutes 283 Kirker Pass Road Northbound Truck Climbing Lane Project Initial Study/Mitigated Negative Declaration Contra Costa County Public Works Department August 2016 Project No.: 0662-6R4052 County CEQA No.: (CP# 15-04) Page 19 of 73 AVOIDANCE MEASURE BIO-1: Prior to ground disturbance, a qualified biologist will conduct a preconstruction survey to establish whether golden eagle nests within 0.5 mile of the proposed project site are occupied. The survey will be conducted no more than one month in advance of construction. Occupancy of nests will be determined by observations from the project site and public roads or by observations of golden eagle activity (e.g., foraging) near the project site. Covered activities will be prohibited within 0.5 mile of active nests. Nests can be built and active at almost any time of the year, although mating and egg incubation occurs late January through August, with peak activity in March through July. If site - specific conditions or the nature of the covered activity (e.g., steep topo graphy, dense vegetation, limited activities) indicate that a smaller buffer could be appropriate or that a larger buffer should be implemented, the Habitat Conservancy will coordinate with CDFW/USFWS to determine the appropriate buffer size. During construction, biological monitoring will focus on ensuring that no covered activities occur within the buffer zone established around an active nest. Burrowing owl Burrowing owl is known to occur in the project vicinity and the habitat assessments identified appropriately sized ground-squirrel burrows, although no burrowing owl, or signs of burrowing owl occupation were observed. However, the possibility of occupancy cannot be completely ruled out. Therefore, the following avoidance measure will be implemented prior to start of construction. AVOIDANCE MEASURE BIO-2: Prior to any ground disturbance related to covered activities, a USFWS/CDFW approved biologist will conduct a preconstruction survey in areas identified in the habitat assessments as having potential burrowing owl habitat. Surveys will establish the presence or absence of burrowing owl and/or habitat features and evaluate use by owls in accordance with CDFW survey guidelines (CDFG 1995). On the parcel where the activity is proposed, the biologist will survey the proposed disturbance footprint and a 500-foot radius from the perimeter of the proposed footprint to identify burrows and owls. Adjacent parcels under different land ownership will not be surveyed. Surveys should take place near sunrise or sunset in accordance with CDFW guidelines. All burrows or burrowing owls will be identified and mapped. Surveys will take place no more than 30 days prior to construction. During the breeding season (February 1 – August 31), surveys will document whether burrowing owls are nesting in or directly adjacent to disturbance areas. During the nonbreeding season (September 1 – January 31), surveys will document whether burrowing owls are using habitat in or directly adjacent to any disturbance area. Survey results will be valid only for the season (breeding or nonbreeding) during which the survey is conducted. If burrowing owls are found during the breeding season (February 1 – August 31), the project proponent will avoid all nest sites that could be disturbed by project construction during the remainder of the breeding season or while the nest is occupied by adults or young. Avoidance will include establishment of a non-disturbance buffer zone. Construction may occur during the breeding season if a qualified biologist monitors the nest and determines that the birds have not begun egg-laying and incubation or that the juveniles from the occupied burrows have fledged. During the nonbreeding season (September 1 – January 31), the project proponent should avoid the owls and the burrows they are using, if possible. Avoidance will include the establishment of a buffer zone. If occupied burrows for burrowing owls are not avoided, passive relocation will be implemented. Owls should be excluded from burrows in the immediate impact zone and within a 160- foot buffer zone by installing one-way doors in burrow entrances. These doors should be in place for 48 hours prior to excavation. The project area should be monitored daily for 1 week to confirm that the owl has abandoned the burrow. Whenever possible, burrows should be excavated using hand tools and November 6, 2018 BOS Minutes 284 Kirker Pass Road Northbound Truck Climbing Lane Project Initial Study/Mitigated Negative Declaration Contra Costa County Public Works Department August 2016 Project No.: 0662-6R4052 County CEQA No.: (CP# 15-04) Page 20 of 73 refilled to prevent reoccupation (CDFG 1995). Plastic tubing or a similar structure should be inserted in the tunnels during excavation to maintain an escape route for any owls inside the burrow. The applicant may conduct burrow management (i.e., regular surveys to find and proactively collapse unoccupied yet suitable burrows) in advance of and during construction to lower the likelihood of owls occupying burrows within the project area. White-tailed kites Although the large trees near the project site are unlikely to provide suitable nesting habitat due to human activity along Kirker Pass Road, nesting cannot be completely ruled out as the adjacent grassland and ruderal habitat provide suitable foraging for this species. Therefore, the following avoidance measure will be implemented prior to start of construction. AVOIDANCE MEASURE BIO-3: To the extent feasible, vegetation removal activities will not occur during the breeding season of February 15 through August 31. If vegetation removal must occur during the breeding season, all sites will be surveyed by a qualified biologist to verify the presence or absence of nesting birds. Preconstruction surveys will be conducted no more than two weeks prior to the start of work from February 15 through August 31. If the survey indicates the potential presence of nesting birds, a buffer will be placed around the nest in which no work will be allowed until the young have successfully fledged or the nest has failed. The size of the nest buffer will be determined by a qualified biologist in consultation with CDFW/USFWS. In general, buffer sizes of 250 feet for raptors and 50 feet for passerines should prevent disturbance to birds nesting in a moderately urban environment, but these buffers may be increased or decreased, as appropriate, depending on the bird species, the level of disturbance anticipated near the nest and other factors such as topography and vegetation shielding. Townsend’s big-eared bat Suitable foraging and movement habitat occurs on the project site, although no evidence of possible roosting sites was observed and the potential for the species to occur is low. AVOIDANCE MEASURE BIO-4: A preconstruction survey is required to determine whether project area trees are occupied or whether they show signs of recent previous occupation. If the species is observed or if evidence of recent occupation is established, construction activities must be scheduled to minimize impacts on Townsend’s big-eared bat. The establishment of maternity or hibernation roosts is highly unlikely due to a lack of appropriate habitat, however, if such sites are discovered they will be sealed in accordance with HCP/NCCP requirements as follows: hibernation site with evidence of prior occupation will be sealed before the hibernation season (November to March), and nursery sites will be sealed before the nursery season (April to August). If the site is occupied, then the action will occur either prior to or after the hibernation season and after August 15 for nursery colonies. Pallid bat Suitable foraging habitat occurs in the grassland and ruderal habitats in the project vicinity, and the larger trees on the project site could provide suitable day or night roosting habitat, although no evidence of such roost occurrence has been observed. Suitable maternity roost habitat is absent from the project site. November 6, 2018 BOS Minutes 285 Kirker Pass Road Northbound Truck Climbing Lane Project Initial Study/Mitigated Negative Declaration Contra Costa County Public Works Department August 2016 Project No.: 0662-6R4052 County CEQA No.: (CP# 15-04) Page 21 of 73 AVOIDANCE MEASURE BIO-5: All potential roost trees within the BSA will be surveyed for the presence of bat roosts by a qualified biologist no more than two weeks prior to the initiation of tree removal or ground disturbing activities. If no roosting sites are present, the trees will be removed within two weeks following the survey. If roosting habitat is present and occupied, then a qualified biologist will determine the species of bats present. If it is determined that the bats are not a special-statues species and the roost is not being used as a maternity roost, then the bats may be evicted using methods developed by a biologist experienced in developing bat mitigation and exclusion plans. If the bats are found to be pallid bats of the roost is being used as a maternity roost by any bat species, then a biologist experience in bat mitigation and exclusion plans must prepare an eviction plan detailing the methods of excluding bats and the method to secure the roost site to prevent its reuse prior to removal. Removal of the roost may only occur after the eviction plan has been approved by CDFW. Tree removal surrounding roost trees will be conducted without damaging roost trees. All trees will be cut and left on the ground overnight prior to onsite chipping or removal of trees to allow bats to escape from the downed trees. No diesel or gas- powered equipment will be stored or operated directly beneath a roost site and all construction activity in the vicinity of an active roost will be limited to daylight hours. San Joaquin kit fox Surveys identified suitable foraging, movement, and denning habitat in the project area however the potential for occurrence is low due to the absence of observations in Contra Costa County since 1993. AVOIDANCE MEASURE BIO-6: Prior to any ground disturbance related to covered activities, a USFWS/CDFW–approved biologist will conduct a preconstruction survey in areas identified in the surveys as supporting suitable breeding or denning habitat for San Joaquin kit fox. The surveys will establish the presence o r absence of San Joaquin kit foxes and/or suitable dens and evaluate use by kit foxes in accordance with USFWS survey guidelines (U.S. Fish and Wildlife Service 1999). Preconstruction surveys will be conducted within 30 days of ground disturbance. On the parcel where the activity is proposed, the biologist will survey the proposed disturbance footprint and a 250-foot radius from the perimeter of the proposed footprint to identify San Joaquin kit foxes and/or suitable dens. Adjacent parcels under different land ownership will not be surveyed. The status of all dens will be determined and mapped. Written results of preconstruction surveys will be submitted to USFWS within 5 working days after survey completion and before the start of ground disturbance. Concurrence is not required prior to initiation of covered activities. If San Joaquin kit foxes and/or suitable dens are identified in the survey area, the measures described below will be implemented. If a San Joaquin kit fox den is discovered in the proposed development footprint, the den will be monitored for 3 days by a USFWS/CDFW -approved biologist using a tracking medium or an infrared beam camera to determine if the den is currently being used. Unoccupied dens should be destroyed immediately to prevent subsequent use. If a natal or pupping den is found, USFWS and CDFW will be notified immediately. The den will not be destroyed until the pups and adults have vacated and then only after further consultation with USFWS and CDFW. If kit fox activity is observed at the den during the initial monitoring period, the den will be monitored for an additional 5 consecutive days from the time of the first observation to allow any resident animals to move to another den while den use is actively discouraged. For dens other than natal or pupping dens, use of the den can be discouraged by partially plugging the entrance with soil such that any resident animal can easily escape. Once the den is determined to be unoccupied it may be excavated under the direction of the biologist. Alternatively, if the animal is still present after 5 or more consecutive days of plugging and monitoring, the den may have to be excavated when, in the judgment of a biologist, it November 6, 2018 BOS Minutes 286 Kirker Pass Road Northbound Truck Climbing Lane Project Initial Study/Mitigated Negative Declaration Contra Costa County Public Works Department August 2016 Project No.: 0662-6R4052 County CEQA No.: (CP# 15-04) Page 22 of 73 is temporarily vacant (i.e., during the animal’s normal foraging activities). If dens are identified in the survey area outside the proposed disturbance footprint, exclusion zones around each den entrance or cluster of entrances will be demarcated. The configuration of exclusion zones should be circular, with a radius measured outward from the den entrance(s). No covered activities will occur within the exclusion zones. Exclusion zone radii for potential dens will be at least 50 feet and will be demarcated with four to five flagged stakes. Exclusion zone radii for known dens will be at least 100 feet and will be demarcated with staking and flagging that encircles each den or cluster of dens but does not prevent access to the den by kit fox. Diablo helianthella Diablo helianthella were observed within the study area along the HCP/NCCP covered portion of the project but south and outside of the project impact footprint. The plants are outside of the project boundaries; therefore, the project is not expected to have any impact on these individuals. A subsequent blooming period survey may be conducted in summer 2017 (the year prior to construction) to rule out the possibility of Diablo helianthella occurring in the impact area. If subsequent blooming period surveys are not conducted, preconstruction surveys will be conducted prior to project implementation to verify that the population has not moved into the impact area. Other Nesting Birds and Raptors AVOIDANCE MEASURE BIO-7: Additional passerine and raptor bird species also have the potential to breed and forage within the project vicinity due to the presence of riparian and oak woodlands, native grassland, and seasonal wetlands in the project area or vicinity. Most passerine and raptor species are protected by the Migratory Bird Treaty Act (MBTA) and Fish and Game Code. Construction of the project will require removal of trees and shrubs along Kirker Pass Road. The general avian nesting season is February 1 – August 31. Therefore, the project may directly or indirectly impact listed and/or MBTA-protected nesting birds and/or raptors if present. The project is not anticipated to impact these species with implementation of the following avoidance measures: 1. If tree removal, pruning, or grubbing activities are necessary, such activities will be conducted between October and February – outside of the breeding season – and preferably during the fall, prior to the onset of the rainy season, to avoid impacts to nesting migratory birds. 2. If project construction begins during the breeding season (February 1 to August 31), preconstruction surveys will be conducted within the project footprint and a 250-foot buffer for raptors and a 50-foot buffer for all other nesting birds, by a qualified biologist no more than two weeks prior to staging, pruning/grubbing or surface-disturbing activities. If no active nests are found within the project footprint and a 250-foot buffer, no further measures need to be implemented. 3. If active nests (i.e. nests in the egg laying, incubating, nestling or fledgling stages) are found within 250 feet of the project footprint, non-disturbance buffers will be established at a distance sufficient to minimize disturbance based on the nest location, topography, cover, the nesting pair’s tolerance to disturbance and the type/duration of potential disturbance. Sufficient buffers are generally 250 feet for raptors and 50 feet for passerines. No work will occur within the non- disturbance buffers until the young have fledged, as determined by a qualified biologist. Buffer size will be determined in cooperation with the CDFW and the USFWS Migratory Bird Permit Office. If buffers are established and it is determined that project activities are resulting in nest November 6, 2018 BOS Minutes 287 Kirker Pass Road Northbound Truck Climbing Lane Project Initial Study/Mitigated Negative Declaration Contra Costa County Public Works Department August 2016 Project No.: 0662-6R4052 County CEQA No.: (CP# 15-04) Page 23 of 73 disturbance, work will cease immediately and the CDFW and the USFWS Migratory Bird Permit Office should be contacted for further guidance. General Avoidance and Minimization The project has been designed to be consistent with the HCP/NCCP Conservation Measure 1.14 Design Requirements for Covered Roads Outside the Urban Development Area. In compliance with that measure, the following additional avoidance measures will be implemented for protection of the biological resources within the project area and vicinity: AVOIDANCE MEASURE BIO-8: 1. Equipment storage, fueling, and staging areas will be sited on disturbed areas or on ruderal or non- sensitive, non-native grassland land cover types, when these sites are available to minimize risk of direct discharge into sensitive land cover types 2. No erodible materials will be deposited into watercourses. Brush, loose soils, or other debris will not be stockpiled within stream channels or on adjacent banks 3. All no-take species will be avoided 4. Construction activities will comply with the MBTA and will consider seasonal requirements for birds and migratory non-resident species, including HCP/NCCP covered species 5. Temporary stream diversions, if required, will use sand bags or other approved methods that minimize in-stream impacts and effects on wildlife 6. Silt fencing or other sediment trapping methods will be installed down-gradient from construction activities to minimize the transport of sediment off site 7. Barriers will be constructed to keep wildlife out of construction sites, as appropriate 8. On-site monitoring will be conducted throughout the construction period to ensure that disturbance limits, BMPs and HCP/NCCP restrictions are being implemented properly 9. Active construction areas will be watered regularly to minimize the impact of dust on adjacent vegetation and wildlife habitats, if warranted 10. Vegetation and other debris will be managed in and near culverts and under and near bridges to ensure that entryways remain open and visible to wildlife and the passage through the culvert or under the bridge remains clear. 11. Cut and fill slopes will be revegetated with native, non-invasive non-native, or non-reproductive (i.e., sterile hybrids) plants suitable for the altered soil conditions. MITIGATION MEASURE BIO-1: COMPENSATORY MITIGATION (SPECIES/HABITAT) Compensatory mitigation for impacts to sensitive species and habitat will take the following two forms: 1. HCP/NCCP Development and Wetland Mitigation Fees: For impacts within the HCP/NCCP Service Area, the project will mitigate permanent and temporary impacts by fee payment to the Habitat Conservancy. Mitigation fees are based on the project’s impact acreages and are calculated based on two fee types (the project-wide development fee and the wetland mitigation fee). These fees are currently estimated to be $137,056.47. The fees may adjust as project plans are further refined. In addition, the HCP/NCCP fees adjust annually (in March). Final project fees based on final project impacts will be paid at construction contract award. November 6, 2018 BOS Minutes 288 Kirker Pass Road Northbound Truck Climbing Lane Project Initial Study/Mitigated Negative Declaration Contra Costa County Public Works Department August 2016 Project No.: 0662-6R4052 County CEQA No.: (CP# 15-04) Page 24 of 73 2. Supplemental mitigation funds: For impacts outside the Plan Service Area, an additional mitigation fee will be paid. The additional mitigation fee will consist of a base fee (i.e., the fee that would be paid if this portion of the project fell within the Plan Service Area), plus a “contribution to recovery fee” to ensure there is funding for an endowment and management in perpetuity for the mitigation. In addition, a nominal processing fee will be provided to the Habitat Conservancy for implementation of conservation goals beyond those required by the HCP/NCCP in accordance with Sections 8.6.2 and 9.3.2 of the HCP/NCCP. Mitigation achieved with this supplemental funding will consist of additional land acquisition and preservation; habitat enhancement, restoration, and creation; and species-specific management actions. With payment of these supplemental mitigation funds, the Public Works Department will transfer the mitigation obligation to the Conservancy. The Conservancy will track the supplemental mitigation funds separately from covered projects; however, the conservation performed by the funds would be subsumed into the Preserve System and the lands managed in perpetuity consistent with the HCP/NCCP and appropriate Regional Preserve Management Plan. These fees are currently estimated to be $117,900.37. The fees may adjust as project plans are further refined. In addition, the HCP/NCCP fees adjust annually (in March). Final project fees based on final project impacts will be paid at construction contract award. The project is not anticipated to substantially impact any special-status species with implementation of the mitigation and avoidance measures described above. Therefore, project impacts will be less than significant with mitigation incorporated. b) Would the project have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, and regulations or by the California Department of Fish and Wildlife or U.S. Fish and Wildlife Service? The project alignment has been carefully designed to minimize impacts to an unnamed tributary to Mt. Diablo Creek; however the project will result in limited temporary and permanent impacts to the tributary. In order to protect those portions of the tributary that will not be temporarily or permanently impacted, the following avoidance and minimization measures will be implemented: AVOIDANCE MEASURE BIO-9: 1. Provision C.3 of the Contra Costa County Clean Water Program’s National Pollutant Discharge Elimination System (NPDES) permit will be followed to minimize the effects of urban development on downstream hydrology, streams, and wetlands 2. All wetlands, ponds, streams, and riparian woodland/scrub to be avoided will be temporarily staked in the field by a qualified biologist 3. Personnel conducting ground-disturbing activities within or adjacent to the buffer zone of wetlands, ponds, streams, or riparian woodland/scrub will be trained by a qualified biologist in these avoidance and minimization measures and the permit obligations 4. Vehicles and equipment will be parked on pavement, existing roads, and previously disturbed areas 5. Trash will be promptly and properly removed from the site 6. No construction or maintenance vehicles will be refueled within 200 feet of wetlands, ponds, November 6, 2018 BOS Minutes 289 Kirker Pass Road Northbound Truck Climbing Lane Project Initial Study/Mitigated Negative Declaration Contra Costa County Public Works Department August 2016 Project No.: 0662-6R4052 County CEQA No.: (CP# 15-04) Page 25 of 73 streams, or riparian woodland/scrub unless a bermed and lined refueling area is constructed and hazardous material absorbent pads are available in the event of a spill 7. Appropriate erosion control measures will be used on-site to reduce siltation and runoff of contaminants into the wetlands, ponds, streams, or riparian woodland/scrub. Filter fences and mesh will be of material that will not entrap reptiles and amphibians. Erosion control blankets will be used as a last resort because of their tendency to biodegrade slowly and to trap reptiles and amphibians. Erosion control measures will be placed between the outer edge of the buffer and the project site. 8. Fiber rolls used for erosion control will be certified as free of noxious weed seed 9. Seed mixtures applied for erosion control will not contain invasive non-native species and will be composed of native species or sterile non-native species MITIGATION MEASURE BIO-2: COMPENSATORY MITIGATION (WETLANDS AND WATERS) In order to mitigate for unavoidable temporary and permanent impacts to the unnamed tributary, the temporary and permanent wetland impact fees will be paid to the Habitat Conservancy as described in BIO-1 above. The project is not anticipated to substantially impact the stream and riparian woodland habitat with implementation of the mitigation and avoidance measures described above. Therefore, project impacts will be less than significant with mitigation incorporated. c) Would the project have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? There are no known federally protected wetlands within the project boundaries. Further, the completed field surveys concluded that there are no wetlands within the study area (LSA 2015a). Therefore, the project will have no impact. d) Would the project interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? The project consists of adding a northbound truck climbing lane to an existing heavily-traveled roadway with an existing median that is a pre-existing barrier to wildlife movement. The project will not result in any additional permanent disruption to movement of any wildlife species. Activities associated with construction of the project may temporarily inhibit dispersal, migration, and daily movement in the immediate vicinity of the work area; however, this disruption is limited and short term in nature. Further, temporary impacts will be mitigated through payment of HCP/NCCP temporary impact fees as discussed in Mitigation Measure BIO-1. Therefore, project impacts will be less than significant with mitigation incorporated. November 6, 2018 BOS Minutes 290 Kirker Pass Road Northbound Truck Climbing Lane Project Initial Study/Mitigated Negative Declaration Contra Costa County Public Works Department August 2016 Project No.: 0662-6R4052 County CEQA No.: (CP# 15-04) Page 26 of 73 e) Would the project conflict with any local policies or ordinances protecting biological resources, such as tree preservation policy or ordinance? The project will not conflict with any local policies or ordinances protecting biological resources as potential impacts and anticipated impacts will be avoided where feasible and where not feasible will be mitigated through the HCP/NCCP or the Habitat Conservancy (for the area that falls within the Concord City Limits). This is consistent with the policies for protection of biological resources included in the Conservation Element section of the County General Plan (Contra Costa County 2005d). The project is not subject to the County Tree Ordinance as tree trimming and clearing will occur within the County right-of-way. Therefore, the project will have no impact. f) Would the project conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional or state habitat conservation plan? The project is consistent with the HCP/NCCP as mitigation fees will be paid to offset impacts and the required surveys and required avoidance and minimization measures will be implemented as described above. Therefore, the project will have no impact. November 6, 2018 BOS Minutes 291 Kirker Pass Road Northbound Truck Climbing Lane Project Initial Study/Mitigated Negative Declaration Contra Costa County Public Works Department August 2016 Project No.: 0662-6R4052 County CEQA No.: (CP# 15-04) Page 27 of 73 V. CULTURAL RESOURCES Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact Would the project: a) Cause a substantial adverse change in the significance of a historical resource as defined in §15064.5? b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to §15064.5? c) Directly or indirectly destroy a unique paleontological resource or site or unique geological feature? d) Disturb any human remains, including those interred outside of formal cemeteries? e) Cause a substantial adverse change in the significance of a Tribal Cultural Resource as defined in §21074? Regulatory Background CEQA requires lead agencies to determine if a project will have an adverse impact on a significant cultural resource (includes historical and archaeological) (Public Resources Code Sections 21084, 21084.1, 21083.2). A resource is considered significant if it 1) is listed in or has been determined eligible for listing in the California Register of Historic Resources (CRHR); 2) is included in a local register of historical resources, as defined in Public Resources Code 5020.1(k); 3) has been identified as significant in an historical resources survey, as defined in Public Resources Code 5024.1(g); or 4) is determined to be historically significant by the CEQA lead agency [CCR Title 14, Section 15064.5(a)]. The following CRHR eligibility criteria need to be considered when making a significance determination. 1. Associated with events that have made a significant contribution to the broad patterns of California’s history and cultural heritage; 2. Associated with the lives of persons important in our past; 3. Embodies the distinctive characteristics of a type, period, region, or method of construction or represents the work of an important creative individual, or possesses high artistic values; or 1. Has yielded, or may be likely to yield, information important in prehistory or history. If a significant resource will be impacted, the Lead Agency must determine whether there is "substantial evidence" in the administrative record to support a finding of significant effect (Section 21080(e)). CEQA requires examination of mitigation measures or feasible project alternatives that would avoid or minimize any impacts or potential impacts. November 6, 2018 BOS Minutes 292 Kirker Pass Road Northbound Truck Climbing Lane Project Initial Study/Mitigated Negative Declaration Contra Costa County Public Works Department August 2016 Project No.: 0662-6R4052 County CEQA No.: (CP# 15-04) Page 28 of 73 Tribal Cultural Resources Effective July 1, 2015, Assembly Bill 52 (AB 52) amended CEQA to mandate consultation with California Native American tribes during the CEQA process to determine whether or not the proposed project may have a significant impact on a Tribal Cultural Resource, and that this consideration be made separately from cultural and paleontological resources. Section 21073 of the Public Resources Code defines California Native American tribes as “a Native American tribe located in California that is on the contact list maintained by the Native American Heritage Commission for the purposes of Chapter 905 of the Statutes of 2004.” This includes both federally and non-federally recognized tribes. Section 21074(a) of the Public Resource Code defines Tribal Cultural Resources for the purpose of CEQA as: 1) Sites, features, places, cultural landscapes (geographically defined in terms of the size and scope), sacred places, and objects with cultural value to a California Native American tribe that are any of the following: A. included or determined to be eligible for inclusion in the California Register of Historical Resources; and/or B. included in a local register of historical resources as defined in subdivision (k) of Section 5020.1; and/or C. a resource determined by the lead agency, in its discretion and supported by substantial evidence, to be significant pursuant to criteria set forth in subdivision (c) of Section 5024.1. In applying the criteria set forth in subdivision (c) of Section 5024.1 for the purposes of this paragraph, the lead agency shall consider the significance of the resource to a California Native American tribe. Because criteria A and B also meet the definition of a Historical Resource under CEQA, a Tribal Cultural Resource may also require additional consideration as a Historical Resource. Tribal Cultural Resources may or may not exhibit archaeological, cultural, or physical indicators. Recognizing that California tribes are experts in their tribal cultural resources and heritage, AB 52 requires that CEQA lead agencies carry out consultation with tribes at the commencement of the CEQA process to identify Tribal Cultural Resources. Furthermore, because a significant effect on a Tribal Cultural Resource is considered a significant impact on the environment under CEQA, consultation is required to develop appropriate avoidance, impact minimization, and mitigation measures . Consultation is concluded when either the lead agency and tribes agree to appropriate mitigation measures to mitigate or avoid a significant effect, if a significant effect exists, or when a party, acting in good faith and after reasonable effort, concludes that mutual agreement cannot be reached (21080.3.2[b]), whereby the lead agency uses its best judgement in requiring mitigation measures that avoid or minimize impact to the greatest extent feasible. The Public Works Department has received only one letter to date requesting formal notification under AB52. On August 24, 2015, the County received a notification letter from the Wilton Rancheria requesting formal notification of proposed projects within their geographic area of traditional and cultural affiliation. November 6, 2018 BOS Minutes 293 Kirker Pass Road Northbound Truck Climbing Lane Project Initial Study/Mitigated Negative Declaration Contra Costa County Public Works Department August 2016 Project No.: 0662-6R4052 County CEQA No.: (CP# 15-04) Page 29 of 73 Cultural and Historical Resource Assessment In order to determine if the project area contains potential significant cultural and/or historical resources, a qualified cultural resource specialist conducted research of recorded sites and surveys within one mile of the project area and also reviewed historic maps and literature at the Northwest Information Center at California State University, Sonoma, and various libraries. In addition, the Native American Heritage Commission (NAHC) was contacted for a Sacred Lands File search to determine if any recorded Native American sites occur within the project area. The NAHC provided a list of Native American tribal representatives provided that may have knowledge of unrecorded sites who were also contacted. A field survey was also conducted of the study area to determine if any cultural resources are present (Condor Country 2015). Environmental Setting The project site lies on the fringe of suburban sections of Concord and rural sections of unincorporated Contra Costa County. The project area consists of the paved road, the shoulder (which includes a mixture of asphalt and compacted rocks), and a fairly narrow band of adjacent grassy hillsides along the existing roadway. A tributary of Mount Diablo Creek lies along the southern side of Kirker Pass Road. Approximately 75 percent of the Area of Potential Effect (APE) includes open grasslands and patches of riparian vegetation along the tributary to Mount Diablo Creek that have remained largely unchanged over time. a) Would the project cause a substantial adverse change in the significance of a historical resource as defined in §15064.5? The records search and field survey did not identify historic resources in the project area. The records search revealed that there are seven historic-era built environment structures located within a one-mile radius of the project site. Five of these are located northwest of the project site, one is located to the north, and two are located southwest of the project area. The field survey did not identify the presence of recorded or unrecorded historical resources within the project area. Condor Country Consulting archaeologists estimate that the probability for encountering unexpected subsurface cultural resources is low to moderate. Nevertheless, the potential for subsurface resources cannot be completely ruled out and the project may unearth unanticipated historic or pre-historic Native American period resources; therefore, the following avoidance measures will be followed in the event subsurface resources are discovered during project construction. Therefore, project impacts will be less than significant. AVOIDANCE MEASURE CUL-1:  Contractor will be notified of the possibility of encountering archaeological materials during ground-disturbing activities and will be educated on the types of historic and pre-historic Native American period archaeological materials that may be encountered.  If an inadvertent discovery is made, the Contractor will cease all ground-disturbing activities in the area of discovery.  The Contractor will immediately notify the County Public Works Department Resident Engineer who will then request a qualified archaeologist to evaluate the finding(s).  If the finding(s) is determined to be potentially significant, the archaeologist in consultation with the appropriate Native American tribal representative or historical society will develop a research design and treatment plan outlining management of the resource, analysis, and reporting of the find. November 6, 2018 BOS Minutes 294 Kirker Pass Road Northbound Truck Climbing Lane Project Initial Study/Mitigated Negative Declaration Contra Costa County Public Works Department August 2016 Project No.: 0662-6R4052 County CEQA No.: (CP# 15-04) Page 30 of 73 b) Would the project cause a substantial adverse change in the significance of an archaeological resource pursuant to §15064.5? The records search and field survey did not identify archaeological resources within the project area. Although there is a documented historical site (P-07-000104) located 0.50 mile southwest of the project area, there are no physical indicators that the site’s boundaries extend into the project footprint and Condor County Consulting concluded it is unlikely that the site extends to the southwest border of Kirker Pass Road. In addition, the NAHC and the Native American tribal representatives contacted did not identify native lands, plant gathering areas, archaeological deposits, or traditional cultural properties within the project area. Further, an intensive reconnaissance archaeological survey conducted for construction of the Concord Pavilion found no evidence of archaeological or historical materials. Nevertheless, the potential for subsurface resources cannot be completely ruled out and the project may unearth unanticipated historic or pre-historic Native American period resources; therefore, Avoidance Measure CUL-1 will be followed in the event subsurface resources are discovered during project construction. Therefore, project impacts will be less than significant. c) Would the project directly or indirectly destroy a unique paleontological resource or site or unique geological feature? The site is primarily underlain by Markley Sandstone Member of the Kreyenhagen Formation within an area of alluvial deposit within the narrow valley in the western portion of the project (Mark Thomas & Co., Inc. 2016). The Markley Sandstone unit is a marine deposit and contains bony fish (Osteichthyes) fossils as well as gastropods and microfossils whereas alluvial deposits are younger units that do not contain significant fossils. The University of California Museum of Paleontology database indicates there are four records in Contra Costa County. Fossils commonly found in the Markley Formation are not highly sensitive because of their abundance but there is potential for significant resources (Solano Transportation Authority 2010).While no evidence of paleontological resources was observed during the field survey, the potential for subsurface resources cannot be completely ruled out and the project may unearth unanticipated paleontological resources; therefore, Avoidance Measure CUL-1 will be followed in the event subsurface resources are discovered during project construction. Therefore, project impacts will be less than significant. d) Would the project disturb any human remains, including those interred outside of formal cemeteries? The project will not impact any formal or informal cemeteries because none are present within or adjacent to the project area. In order to determine if there are any unrecorded burial grounds and/or sacred land sites in the vicinity of the project area, the NAHC was contacted to check their Sacred Lands File of recorded sites. While no recorded sites were found, the NAHC provided a list of Native American tribal representatives for the region to be notified for unrecorded sites. The listed Native American representatives were notified of the project via certified mail and follow up emails or phone calls. None of the tribal representatives identified Traditional Cultural Properties or plant collection areas within the APE. Native American tribal representative Andrew Galvan responded with a request for additional information and Native American tribal representative Ramona Garibay responded with a concern that the prehistoric burial site may extend into the northern hillside surrounding Kirker Pass Road. Based upon the recent archeological site reconnaissance conducted for the project as well as earlier intensive surveys and negative findings during construction of the Concord Pavilion, and the existing site conditions, Condor County Consulting recommended no Native American monitoring unless an inadvertent discovery should occur during project construction. Although unexpected, should there be an inadvertent discovery of Native American burials during construction excavation activities the following avoidance measure will be implemented. Therefore, project impacts will be less than November 6, 2018 BOS Minutes 295 Kirker Pass Road Northbound Truck Climbing Lane Project Initial Study/Mitigated Negative Declaration Contra Costa County Public Works Department August 2016 Project No.: 0662-6R4052 County CEQA No.: (CP# 15-04) Page 31 of 73 significant. AVOIDANCE MEASURE CUL-2: Project specifications will require that the contractor shall stop work in the area of any discovery and immediately notify CCCPWD Resident Engineer who will then contact the County Coroner, NAHC, and a qualified archeologist to determine how to appropriately deal with the remains in coordination with the Most Likely Descendent and in accordance with the California Health and Safety Code (Health and Safety Code Section 7050.5[b]). e) Cause a substantial adverse change in the significance of a Tribal Cultural Resource as defined in §21074? The Public Works Department Environmental Services Division sent out a notice of opportunity to consult letter to the Wilton Rancheria on September 9, 2015. A brief description of the project and its location, and the lead agency contact information was provided, along with notification that the tribe had 30 days to request consultation. No response to that letter was received and no further communication has been received from the tribe concerning this project to date. The project is not expected to cause a substantial adverse change in the significance of a Tribal Cultural Resource as no response was received from the tribe that has requested formal notification. Therefore, the project will have no impact. November 6, 2018 BOS Minutes 296 Kirker Pass Road Northbound Truck Climbing Lane Project Initial Study/Mitigated Negative Declaration Contra Costa County Public Works Department August 2016 Project No.: 0662-6R4052 County CEQA No.: (CP# 15-04) Page 32 of 73 PAGE INTENTIONALLY LEFT BLANK November 6, 2018 BOS Minutes 297 Kirker Pass Road Northbound Truck Climbing Lane Project Initial Study/Mitigated Negative Declaration Contra Costa County Public Works Department August 2016 Project No.: 0662-6R4052 County CEQA No.: (CP# 15-04) Page 33 of 73 VI. GEOLOGY AND SOILS Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: 1 Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division 2 Strong seismic ground shaking? 3 Seismic-related ground failure, including liquefaction? 4 Landslides? b) Result in substantial soil erosion or the loss of topsoil? c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on-or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? d) Be located on expansive soil, as defined in Table 18-1- B of the Uniform Building Code (1994), creating substantial risks to life or property? e) Have soils incapable of adequately supporting the use of septic tanks or alternative waste disposal systems where sewers are not available for the disposal of wastewater? Environmental Setting Geology The project is within the Coast Ranges Geomorphic Province, positioned near the eastern boundary of the Diablo Range to the west and San Joaquin River Delta and Valley to the east. The Coast Ranges in this area consist of Mesozoic rocks, folded into a series of northwest-striking anticlines and synclines. The Diablo Range, which forms the east edge of the Coast Ranges, includes numerous folds and thick sections of sedimentary, igneous and metamorphic rocks. The project area is located on the northern flank of the Diablo Range at the southern edge of the Pittsburg/Antioch Plain which is essentially a floodplain of Suisun Bay. The southern half of the plain is covered by alluvial material eroded from the Diablo Range to the south. Alluvial materials were deposited along the length of the base in a series of fans that spread outward across the plain toward Suisun Bay (Mark Thomas & Co. 2016). November 6, 2018 BOS Minutes 298 Kirker Pass Road Northbound Truck Climbing Lane Project Initial Study/Mitigated Negative Declaration Contra Costa County Public Works Department August 2016 Project No.: 0662-6R4052 County CEQA No.: (CP# 15-04) Page 34 of 73 The Preliminary Geologic Map emphasizing bedrock formations in Contra Costa County indicates that the project site is underlain by the Lower Member of the Markley Formation described as thin-bedded to massive sandstone with minor siltstone and mudstone; alluvium is mapped within the narrow valley in the western portion of the project. Dibblee’s geologic map indicates the project site is underlain by Markley Sandstone Member of the Tertiary-age Kreyenhagen Formation which is described as light gray to tan, fine to medium grained, arkosic (quartz-rich), locally contains thin layers of coal; Quaternary-age alluvium is mapped as occupying the floors of the narrow valley where the western portion of the project is located (Mark Thomas & Co., Inc. 2016). Soil The soil types in the project area consist of Altamont-Fontana complex, 30 to 50 percent slopes; the Altamont series consists of well-drained soils underlain by shale and fine-grained sandstone. Slopes within the road right-of-way range from 4 to 10 percent while slopes within the steep canyon areas on the south side of the road range from 30 to 50 percent. Based on subsurface boring data, the soils below the existing roadway generally consist of varying thickness of stiff to hard clay overlying weathered rock (Mark Thomas & Co. 2016). a) Would the project expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving? 1 Rupture of a known earthquake fault, as delineated on the most recent Alquist -Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. Contra Costa County is located within a region of high seismicity; the San Francisco Bay Region has been impacted by severe earthquakes during historic time (Contra Cost a County 2005e). In order to provide safety of structures for human occupancy, the Alquist-Priolo Earthquake Fault Zoning Act was passed in 1972 to mitigate the hazards. The law requires the State Geologist to establish regulatory zones (known as Earthquake Fault Zones) around the surface traces of active faults and to issue appropriate maps (Association of Bay Area Governments [ABAG] 2015). No active fault is mapped through the project area. However based on the published geologic map (Dibblee) an unnamed fault trending north across Kirker Pass Road is mapped at the east end of the project. This fault, like many others in the Markley Formation, is a relic of an old stress regime and not involved in the current tectonic deformation of the area. Therefore, it has no potential for surface rupture other than the slight possibility of sympathetic movement in response to ground shaking produced by a large earthquake originating on an active fault somewhere in the Bay Region. The impact to the project is considered low (Mark Thomas & Co. 2016). Nevertheless, the project design and construction will incorporate measures that are in accordance with applicable state and local design practice and guidelines to ensure the project will withstand seismic activity as defined in the Caltrans Highway Design Manual (Caltrans 2015b). Therefore, project impacts will be less than significant. 2 Strong seismic ground shaking? The project is mapped in an area of very strong seismic shaking (ABAG 2016). As discussed above, the project is not expected to expose people or structures to potential substantial adverse effects from strong seismic ground shaking as the project does not include features that would increase risk to people or structures as it is primarily limited to adding a truck lane to an existing roadway. Further, the project design and construction will incorporate measures that are in accordance with applicable state November 6, 2018 BOS Minutes 299 Kirker Pass Road Northbound Truck Climbing Lane Project Initial Study/Mitigated Negative Declaration Contra Costa County Public Works Department August 2016 Project No.: 0662-6R4052 County CEQA No.: (CP# 15-04) Page 35 of 73 and local design practices and guidelines to ensure that the project will withstand seismic activity as defined in the Caltrans Highway Design Manual (Caltrans 2015b). Therefore, project impacts will be less than significant. 3 Seismic-related ground failure, including liquefaction? The project area is located within a generally low liquefaction potential (Contra Costa County 2005e, Mark Thomas & Co. 2016). Nevertheless, the project design and construction will incorporate measures that are in accordance with applicable state and local design practice and guidelines to ensure that the project will withstand seismic-related failures as defined in the Caltrans Highway Design Manual (Caltrans 2015b). Therefore, project impacts will be less than significant. 4 Landslides? The project site is located within an area identified as having landslide deposits (Contra Costa County 2005e: Figure 10-6). Two landslides were identified at the northeastern end of the project and an unmapped pre-existing slide was observed within the project area where a retaining wall will be constructed (Mark Thomas & Co. 2016). The project design and construction will incorporate measures in accordance with state and local design practice and guidelines as defined in the Caltrans Highway Design Manual to ensure that the project will withstand landslide potential. Therefore, project impacts will be less than significant. b) Would the project result in substantial soil erosion or the loss of topsoil? The existing slopes have established vegetation to help control erosion. Some erosion gullies have been developed by the runoff along the slope surface within the project area (Mark Thomas & Co. 2016). The project will be constructed primarily during the dry season (April – October) which will not result in substantial soil erosion or the loss of topsoil. Construction of the project will temporarily increase the exposure of soils to wind erosion from grading and excavation activities. However, standard dust and erosion control practices will be implemented as outlined in discussion item (a) of the Air Quality section during construction to minimize impacts. The project site will be stabilized with hydroseeding following grading activities to limit the potential for erosion. Therefore, project impacts will be less than significant. c) Would the project be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on-or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? As discussed above, the project area is located within an area subject to landslides but is not subject to lateral spreading, subsidence, liquefaction or collapse as the site is generally underlain by bedrock and groundwater appears to be relatively deep (Mark Thomas & Co. 2016). The project design and construction will incorporate measures in accordance with state and local design practice and guidelines as defined in the Caltrans Highway Design Manual to ensure the project will withstand landslide potential. Therefore, project impacts will be less than significant. d) Would the project be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial risks to life or property? Expansive soils swell when they absorb water and shrink as they dry. The basic cause of expansion is the attraction and absorption of water in the expandable crystal structures of clays (Contra Costa County 2005e). Bedrock is expected to be encountered at the pavement subgrade. Based on boring data and site geology, the bedrock consists of sandstone with claystone beds. Claystone may shrink or swell due to moisture fluctuation. The project will be engineered according to standard industry practice, which November 6, 2018 BOS Minutes 300 Kirker Pass Road Northbound Truck Climbing Lane Project Initial Study/Mitigated Negative Declaration Contra Costa County Public Works Department August 2016 Project No.: 0662-6R4052 County CEQA No.: (CP# 15-04) Page 36 of 73 includes design considerations for soil type. Therefore, project impacts will be less than significant. e) Would the project have soils incapable of adequately supporting the use of septic tanks or alternative waste disposal systems where sewers are not available for the disposal of wastewater? Neither the constructed project nor project construction will require septic or other waste disposal systems. Therefore, the project will have no impact. November 6, 2018 BOS Minutes 301 Kirker Pass Road Northbound Truck Climbing Lane Project Initial Study/Mitigated Negative Declaration Contra Costa County Public Works Department August 2016 Project No.: 0662-6R4052 County CEQA No.: (CP# 15-04) Page 37 of 73 VII. GREENHOUSE GAS EMISSIONS Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact Would the project: a) Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment? b) Conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases? Regulatory Background Climate change refers to any significant change in measures of climate, such as average temperature, precipitation, or wind patterns over a period of time. There is a general scientific consensus that global climate change is occurring, caused in whole or in part by increased emissions of greenhouse gases (GHGs) that keep the earth’s surface warm by trapping heat in the atmosphere. Climate change may result from natural factors, natural processes, and human activities that change the composition of the atmosphere and alter the surface and features of the land (California Office of Planning and Research [OPR] 2008b). Assembly Bill 32 (AB 32), the California Global Warming Solutions Act of 2006, recognized that California is the source of substantial amounts of GHG emissions which poses a serious threat to the economic well-being, public health, natural resources, and the environment of California (OPR 2008b). Potential adverse impacts of global warming include severe air quality problems, a reduction in the quality and supply of water from the Sierra snowpack, a rise in sea levels causing the displacement of coastal businesses and residences, damage to marine ecosystems and the natural environment, and an increase in the incidences of infectious diseases, asthma, and other human health-related problems (OPR 2008b). This bill directed the California Air Resources Board (CARB) to begin developing discrete early actions to reduce GHGs to reach the GHG reduction goals by 2020. As discussed in the air quality section, in order to address global climate change associated with air quality impacts, CEQA statutes were amended to require evaluation of GHG emissions (global pollutants) which includes criteria air pollutants (regional pollutants) and toxic air contaminants (local pollutants). As a result, the BAAQMD adopted CEQA thresholds of significance for criteria air pollutants and GHGs, and issued updated CEQA guidelines to assist lead agencies in evaluating air quality impacts to determine if a project’s individual emissions would be cumulatively considerable. Various modeling tools are used to estimate emissions based on the type of project (i.e., land use developments, linear transportation and utility projects). While the BAAQMD does not have an adopted threshold of significance for construction-related GHG emissions, sources of construction-related GHGs include exhaust (carbon dioxide, nitrous oxide) for which the same detailed guidance as described for criteria air pollutants and precursors should be followed (BAAQMD 2012). November 6, 2018 BOS Minutes 302 Kirker Pass Road Northbound Truck Climbing Lane Project Initial Study/Mitigated Negative Declaration Contra Costa County Public Works Department August 2016 Project No.: 0662-6R4052 County CEQA No.: (CP# 15-04) Page 38 of 73 a) Would the project generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment? Construction activities, such as site preparation, site grading, on-site heavy-duty construction vehicles, equipment hauling materials to and from the site, and motor vehicles transporting the construction crew would produce combustion emissions from various sources. During construction of the project, GHGs would be emitted through the operation of construction equipment and from worker and builder supply vendor vehicles, each of which typically uses fossil-based fuels to operate. The combustion of fossil- based fuels creates GHGs such as CO2, CH4, and N2O. Furthermore, CH4 is emitted during the fueling of heavy equipment. Exhaust emissions from on-site construction activities would vary daily as construction activity levels change. Using the Road Construction Emissions Model, it is estimated that the project would generate approximately 876 metric tons of CO2e during construction of the project. Although the BAAQMD does not have a threshold for construction-related greenhouse gas emissions, implementation of the BAAQMD’s construction mitigation measures would reduce greenhouse gas emissions by requiring that all engines are properly maintained and by reducing the idling times of construction equipment. Implementation of Mitigation Measure AIR-1 (see Air Quality section) would ensure that construction emissions impacts due to the project are less than significant with mitigation incorporated. b) Would the project conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases? Contra Costa County adopted the Contra Costa County Climate Action Plan in December 2015, developed for the purpose of reducing the County’s GHG emissions and contribution to climate change. Most of the measures identified in the Climate Action Plan consist of programs and incentives to be implemented by the County and are not applicable to the proposed project. In developing the threshold of significance for GHG emissions, the BAAQMD identified the emissions level for which a project would conflict with existing California legislation adopted to reduce Statewide GHG emissions. As indicated in the analysis presented above, the proposed project would not generate emissions that would exceed the project-level significance criteria established by the BAAQMD and, therefore, the proposed project would not conflict with plans adopted for the purpose of reducing GHG emissions. Therefore, project impacts will be less than significant. November 6, 2018 BOS Minutes 303 Kirker Pass Road Northbound Truck Climbing Lane Project Initial Study/Mitigated Negative Declaration Contra Costa County Public Works Department August 2016 Project No.: 0662-6R4052 County CEQA No.: (CP# 15-04) Page 39 of 73 VIII. HAZARDS AND HAZARDOUS MATERIALS Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact Would the project: a) Create a significant hazard to the public or the environment through the routine transport, use or disposal of hazardous materials? b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances or waste within one-quarter mile of an existing or proposed school? d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area. f) For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? h) Expose people or structures to a significant risk of loss, injury or death involving wild land fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? Regulatory Background A material is considered hazardous if it appears on a list of hazardous materials prepared by a federal, state, or local agency, or if it has characteristics defined as hazardous by such an agency. The release of hazardous materials into the environment could potentially contaminate soils, surface water, and groundwater supplies. The California Environmental Protection Agency (Cal/EPA) which consists of the Air Resources Board, Department of Pesticides Regulation, Department of Resources and Recycling and R ecovery, Department of Toxic Substance Control (DTSC), Office of Environmental Health Hazard Assessment, and State Water Resources Control Board (SWRCB) regulates hazardous materials and waste. Under Government Code Section 65962.5, the DTSC maintains a list of hazardous substance sites (Cortese List) which includes leaking underground storage tank sites, hazardous material sites, and landfills with evidence of groundwater November 6, 2018 BOS Minutes 304 Kirker Pass Road Northbound Truck Climbing Lane Project Initial Study/Mitigated Negative Declaration Contra Costa County Public Works Department August 2016 Project No.: 0662-6R4052 County CEQA No.: (CP# 15-04) Page 40 of 73 contamination (Cal/EPA 2016a). The Contra Costa County Health Services, Hazardous Materials Program (2016) serves area residents by responding to emergencies and monitoring hazardous materials. Environmental Setting The project area includes the paved northbound travel lanes of the existing road right-of-way, compacted gravel road shoulders, and steep canyon slopes and grade cuts that are located to the south of the road. The surrounding area is characterized by hilly grassland, undeveloped terrain north of the road and sparse rural development south of the road, with the Concord Pavilion located further south at the western end of the project. Kirker Pass Road was built before the 1990 ban on leaded gasoline in California; consequently vehicles fueled with leaded gasoline used Kirker Pass Road. Therefore, a qualified Geologist specializing in hazardous material analysis was directed by County Public Works staff to conduct aerially deposited lead sampling along the length of the project. a) Would the project create a significant hazard to the public or the environment through the routine transport, use or disposal of hazardous materials? The project will not create a significant hazard to the public or the environment because once constructed, the project would not result in routine transport, use or disposal of hazardous materials other than what already occurs by the traveling public. Therefore project impacts will be less than significant. b) Would the project create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? Project construction could cause an unforeseen release of hazardous materials such as a hazardous materials spill or equipment leak. However, the project contract specifications will require the contractor to implement best management practices (BMPs) such as hazardous materials spill management and regular maintenance of vehicles to minimize potential impacts from accidental spills associated with project construction or construction equipment. In addition, project contract specifications will require the contractor to contact Underground Service Alert (USA) prior to conducting any ground -disturbing work that could potentially impact utilities. Testing conducted along the project alignment concluded that several soil samples taken along Kirker Pass Road exhibited elevated levels of aerially-deposited lead which is likely present due to the historical use of Kirker Pass Road by vehicles using lead-based gasolines. Four of the samples’ lead concentrations exceeded the allowable thresholds and are classified as California Class I Hazardous Waste or Resource Conservation and Recovery Act (RCRA) Hazardous Waste (or both). Soils with elevated levels will be disturbed during construction which could pose a potential hazard to the public or environment. The County Public Works Department has retained the services of hazardous waste specialist Geocon Consultants Inc. (Geocon) to determine the exact depths and spatial locations of contaminated areas within the project boundaries. Once this process is complete, Geocon and Public Works staff will generate project contract specifications to specify appropriate excavation, materials handling, transport, and disposal methods to protect project workers and the public. The following mitigation measures will be implemented to ensure potential impacts are reduced to a level that is less than significant: November 6, 2018 BOS Minutes 305 Kirker Pass Road Northbound Truck Climbing Lane Project Initial Study/Mitigated Negative Declaration Contra Costa County Public Works Department August 2016 Project No.: 0662-6R4052 County CEQA No.: (CP# 15-04) Page 41 of 73 MITIGATION MEASURE HAZ 1: MATERIALS HANDLING/STORAGE/TRANSPORT 1. Soil exhibiting elevated lead levels will be handled as defined by a Final Lead Management Plan prepared by a qualified hazardous waste specialist for the project. The Plan will identify specific measures for on and/or off-site handling, storage, transport, and disposal. The Plan will include a Worker Safety component utilizing BMPs to minimize worker exposure. The Worker Safety Plan will include protocols for environmental monitoring, personnel monitoring including personal protective equipment, and other appropriate health and safety protocols and procedures for the handling of lead-impacted soil. Additional measures could include contractor and subcontractor employee education regarding identification, storage, and disposal of hazardous wastes; ongoing hazardous waste training incorporated into regular safety meetings; and repair or replacement of perimeter controls, containment structures, covers, and liners as needed. 2. Further testing of stockpiled soil will be conducted during construction to verify lead levels. 3. Stockpiled soil that has verified lead levels that do not exceed California Class I Hazardous Waste and/or RCRA Hazardous Waste thresholds may be used on-site with no further restrictions. 4. Specific handling, use, and/or disposal protocols as follows: a. Soil that is disposed of as a California Hazardous Waste and/or RCRA Hazardous Waste will be transported to a Class I landfill. b. Soil that is not disposed of as a California Hazardous Waste may be reused on-site (e.g., as embankment fill) in a manner to protect human health and the environment. Project impacts will be less than significant with mitigation incorporated. c) Would the project emit hazardous emissions or handle hazardous or acutely hazardous materials, substances or waste within one-quarter mile of an existing or proposed school? The closest schools are over a mile from the project site. Therefore, the project will have no impact. d) Would the project be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? After records review (local, state, tribal, and federal environmental record sources), no documentation or evidence of known soil or groundwater contamination were found. The project is not included on a known list of hazardous materials sites (CalEPA 2016b) however after preliminary soil testing was conducted several samples taken along Kirker Pass Road exhibited elevated levels of aerially-deposited lead. Mitigation will be implemented as identified in Mitigation Measures HAZ-1 above. Therefore, project impacts will be less than significant with mitigation incorporated. e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area. The project site is not within two miles of an airport. The closest airport is the Buchanan Field Airport located approximately 7 miles to the west. According to Figure 5-5 of the Contra Costa County General Plan the project is not within the Buchanan Field Airport Influence Area. Therefore, the project will have no impact. November 6, 2018 BOS Minutes 306 Kirker Pass Road Northbound Truck Climbing Lane Project Initial Study/Mitigated Negative Declaration Contra Costa County Public Works Department August 2016 Project No.: 0662-6R4052 County CEQA No.: (CP# 15-04) Page 42 of 73 f) For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? The project is not located in the vicinity of a private airstrip. Therefore, the project will have no impact. g) Would the project impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? The constructed project will not impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan. Access for emergency vehicles will be provided at all times during construction. Therefore, project impacts will be less than significant. h) Would the project expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? The project area is primarily located within a high fire hazard zone (CalFire 2007). The project does not consist of development of structures that would expose people or structures to a significant loss, injury, or death from wildland fires. However, project construction may spark unintentional fires. Standard practice and OSHA regulations require the development of a fire protection program to be followed through all phases of construction work and provide firefighting equipment (OSHA 2016). Therefore, project impacts will be less than significant. November 6, 2018 BOS Minutes 307 Kirker Pass Road Northbound Truck Climbing Lane Project Initial Study/Mitigated Negative Declaration Contra Costa County Public Works Department August 2016 Project No.: 0662-6R4052 County CEQA No.: (CP# 15-04) Page 43 of 73 IX. HYDROLOGY AND WATER QUALITY Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact Would the project: a) Violate any water quality standards or waste discharge requirements? b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table (e.g., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on- or off-site? d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface run-off in a manner which would result in flooding on-or off-site? e) Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? f) Otherwise substantially degrade water quality? g) Place housing within a 100-year flood hazard area as mapped on a Federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? h) Place within a 100-year flood hazard area structures that would impede or redirect flood flows? i) Expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? j) Inundation by seiche, tsunami, or mudflow? Environmental Setting The project site is located within the northern foothills of Mount Diablo. Slopes within the Kirker Pass Road right-of-way range from 4 to 10 percent, while slopes within the steep canyon areas on the south side of the road are considerably steeper. The portion of the study area to the west of the Kirker Pass summit generally drains to the adjacent, roughly parallel unnamed tributary, roadway culverts, or concrete-lined ditches south November 6, 2018 BOS Minutes 308 Kirker Pass Road Northbound Truck Climbing Lane Project Initial Study/Mitigated Negative Declaration Contra Costa County Public Works Department August 2016 Project No.: 0662-6R4052 County CEQA No.: (CP# 15-04) Page 44 of 73 of the road. The portion of the study area to the east of Kirker Pass summit generally drains south off of the road to concrete or earthen ditches, and then eastward along Kirker Pass Road. The unnamed tributary within the study area originates along Hess Road on the west side of Kirker Pass and to the south of the study area. The crest of the roadway is located at approximately Engineering Station 115. A drainage lies to the west of the crest and eventually drains to Mt. Diablo Creek in the city of Concord. An unformed drainage area lies to the east of the crest and eventually drains to Kirker Creek. a) Would the project violate any water quality standards or waste discharge requirements? The federal Clean Water Act and state Porter-Cologne Water Quality Act have promulgated a number of program permits to improve surface and groundwater quality and meet water quality objectives through the National Pollutant Discharge Elimination System (NPDES) permit program. The San Francisco Bay Regional Water Quality Control Board Municipal Regional Stormwater NPDES Permit (Order No. R2- 2015-0049) requires new development and redevelopment projects that create more than 10,000 square feet of impervious surface area to construct stormwater treatment systems to treat stormwater runoff (Provision C.3) (Regional Water Quality Control Board 2015). As a component of the project, two bioretention areas will be installed to satisfy the requirements of Provision C.3 of the Contra Costa County Clean Water Program’s NPDES Permit. The NPDES General Permit for Storm Water Discharges Associated with Construction and Land Disturbances (Order No. 2012-0006-DWQ) requires that construction projects that disturb more than one acre of soil to seek permit coverage from the State Water Resources Control Board (SWRCB) which requires notification, fees, and preparation of a Stormwater Prevention Pollution Plan (SWPPP) that identifies best management practices (BMPs) to be implemented during and after construction to avoid and minimize polluted runoff from construction sites (SWRCB 2015). The project will not violate any water quality standards or waste discharge requirements for the reasons discussed above. Therefore, project impacts will be less than significant. b) Would the project substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table (e.g., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? The project will not affect groundwater supply or groundwater recharge. Therefore, the project will have no impact. c) Would the project substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on- or off-site? Existing roadside drainage features, such as concrete ditches, asphalt dikes, and inlets, will be relocated during pavement widening, and existing culverts under the roadway will be extended. Once complete the project will largely maintain the existing drainage pattern; however, two bioretention features will be installed to satisfy the requirements of Provision C.3 of the Contra Costa County Clean Water Program’s NPDES Permit. Provision C.3 requires stormwater retention and treatment to reduce erosion and sediment associated with runoff and to mimic the site’s pre-construction hydrology. Therefore, project impacts will be less than significant. November 6, 2018 BOS Minutes 309 Kirker Pass Road Northbound Truck Climbing Lane Project Initial Study/Mitigated Negative Declaration Contra Costa County Public Works Department August 2016 Project No.: 0662-6R4052 County CEQA No.: (CP# 15-04) Page 45 of 73 d) Would the project substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface run-off in a manner which would result in flooding on-or off-site? The project will create additional impervious surface area as a result of the pavement widening. While there will be an increase in impervious area which could potentially increase the amount of surface run- off, construction of the two C.3 facilities will mimic the site’s preconstruction hydrology; therefore, project impacts will be less than significant. e) Would the project create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? As noted above, the constructed project will create additional impervious surface area; however, the project design will also include two bioretention facilities that will ensure the project will not contribute to substantial additional sources of polluted runoff. Therefore, project impacts will be less than significant. f) Would the project otherwise substantially degrade water quality? Implementation of appropriate best management practices (BMPs) will avoid potential impacts to water quality during construction. Therefore, project impacts will be less than significant. g) Would the project place housing within a 100-year flood hazard area as mapped on a Federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? The project is not located within a 100-year flood zone (Contra Costa County 2016). Further, the project will not create housing. Therefore, the project will have no impact. h) Would the project place within a 100-year flood hazard area structures that would impede or redirect flood flows? As noted above, the project is not located within a 100-year flood plain zone, and the project will not create any structures which would not impede or redirect flood flows. Therefore, the project will have no impact. i) Would the project expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? The project will not expose people or structures to a significant risk of loss, injury or death involving flooding due to levee or dam failure as the project will not create levees or dams. Therefore, the project will have no impact. j) Would the project the expose people or structures to risk of inundation by seiche, tsunami, or mudflow? The project area is not subject to seiche, tsunami, or mudflow. Therefore, the project will have no impact. November 6, 2018 BOS Minutes 310 Kirker Pass Road Northbound Truck Climbing Lane Project Initial Study/Mitigated Negative Declaration Contra Costa County Public Works Department August 2016 Project No.: 0662-6R4052 County CEQA No.: (CP# 15-04) Page 46 of 73 PAGE INTENTIONALLY LEFT BLANK November 6, 2018 BOS Minutes 311 Kirker Pass Road Northbound Truck Climbing Lane Project Initial Study/Mitigated Negative Declaration Contra Costa County Public Works Department August 2016 Project No.: 0662-6R4052 County CEQA No.: (CP# 15-04) Page 47 of 73 X. LAND USE AND PLANNING Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact Would the project: a) Physically divide an established community? b) Conflict with any applicable land use plan, policy, or the regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c) Conflict with any applicable habitat conservation plan or natural community conservation plan? The project is located primarily within unincorporated Contra Costa County with a portion of the project located within the City Limits of Concord. Land use policies are established in the County’s General Plan and Zoning Code. In addition, the project is subject to the East Contra Costa County Habitat Conservation Plan/Natural Community Conservation Plan (HCP/NCCP) (Jones and Stokes 2006). a) Would the project physically divide an established community? The project would not physically divide an established community because the project involves improvement to an existing roadway (Kirker Pass Road). Therefore, the project will have no impact. b) Would the project conflict with any applicable land use plan, policy, or the regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? The project does not conflict with any applicable land use plan, policy or regulation; the project is consistent with the Transportation and Circulation Elements goals and policies of the County General Plan (Contra Costa County 2005g): 1. Roadway and Transit Goals #5-A: To provide a safe, efficient and balanced transportation system 2. Roadway and Transit Policy #5-9: Existing circulation facilities shall be improved and maintained by eliminating structural and geometric design deficiencies, and 3. Roadway and Transit Policy #5-17: The design and the scheduling of improvements to arterials and collectors shall give priority to safety over other factors including capacity Therefore, the project will have no impact. c) Would the project conflict with any applicable habitat conservation plan or natural community conservation plan? The project is located partially within the East Contra Costa County HCP/NCCP (HCP/NCCP) service November 6, 2018 BOS Minutes 312 Kirker Pass Road Northbound Truck Climbing Lane Project Initial Study/Mitigated Negative Declaration Contra Costa County Public Works Department August 2016 Project No.: 0662-6R4052 County CEQA No.: (CP# 15-04) Page 48 of 73 area (approximately 23.445 acres) and partially outside the service area (6.582 acres). As discussed in the Biological Resources section of this document, the project is being implemented consistent with the HCP/NCCP and Public Works staff have coordinated with staff from the Habitat Conservancy, California Department of Fish and Wildlife, and U.S. Fish and Wildlife to ensure the HCP/NCCP mitigation program can carry over to those areas that fall outside of the HCP/NCCP Service area . Therefore, the project will have no impact. November 6, 2018 BOS Minutes 313 Kirker Pass Road Northbound Truck Climbing Lane Project Initial Study/Mitigated Negative Declaration Contra Costa County Public Works Department August 2016 Project No.: 0662-6R4052 County CEQA No.: (CP# 15-04) Page 49 of 73 XI. MINERAL RESOURCES Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact Would the project: a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? b) Result in the loss or availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan, or other land use plan? Mineral resources such as crushed rock, sand, and other resources, are important minerals in the region as they provide the necessary components for construction materials including asphalt and concrete for current and future development in the region. The most important mineral resources that are currently mined in the County include diabase near Mt. Zion on the north side of Mt. Diablo, which provides crushed rock primarily for roadbase and streambank stabilizations; domengine sandstone, located in the eastern portion of the County just south of Camino Diablo and east of Vasco Road in the Byron area, which is the sole deposit in the state; and shale in the Port Costa area, which has been designated for protection by the County General Plan (Contra Costa County 2005h). a) Would the project result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? There are no mapped mineral resource areas in the project area (Contra Costa County 2005h). Therefore, the project will have no impact. b) Would the project result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan, or other land use plan? There are no mapped mineral resource areas in the project area (Contra Costa County 2005h). As such, the project will not adversely affect the availability of a locally important mineral resource recovery site shown in the General Plan. Therefore, the project will have no impact. November 6, 2018 BOS Minutes 314 Kirker Pass Road Northbound Truck Climbing Lane Project Initial Study/Mitigated Negative Declaration Contra Costa County Public Works Department August 2016 Project No.: 0662-6R4052 County CEQA No.: (CP# 15-04) Page 50 of 73 PAGE INTENTIONALLY LEFT BLANK November 6, 2018 BOS Minutes 315 Kirker Pass Road Northbound Truck Climbing Lane Project Initial Study/Mitigated Negative Declaration Contra Costa County Public Works Department August 2016 Project No.: 0662-6R4052 County CEQA No.: (CP# 15-04) Page 51 of 73 XII. NOISE Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact Would the project: a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? b) Exposure of persons to or generation of, excessive ground borne vibration or ground borne noise levels? c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? f) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? Background The effects of noise on people include subjective effects of annoyance, nuisance, and dissatisfaction. Persistent and escalating noise sources can affect one’s overall health including stress -related illnesses, high blood pressure, hearing loss, speech interference, sleep disruption, and lost productivity (USEPA 2016). The main contributors to a community noise problem are transportation sources such as highways, railroads, and airports as they are the most pervasive and continual. Temporary noise sources can add to the noise problem such as equipment operating at a construction site. The dynamic of the noise problem are based on the relationship between the noise source, the person or place exposed to the noise (receiver or sensitive receptor) and the path the noise will travel from the noise source to the receiver/sensitive receptor. Since the ear is not as sensitive at some frequencies and sound pressure level as at others, several methods of expressing average noise levels over a period of time have been developed (HUD 2016). Sound intensity is typically measured in decibels (dB) from a range of 0 (threshold of hearing) to 140 (threshold of pain); the higher the decibels, the greater the intensity. For example, a decibel level of 10 is the sound of leaves rustling, a decibel level of 30 is a whisper, a decibel level of 60 is freeway traffic, a decibel of 90 is a noisy urban street, and a decibel level of 140 is a nearby jet engine. Prolonged exposure from at least 75 dB increases tension affecting blood pressure, heart function, and nervous system; prolonged exposure from at least 85 dB causes physical damage to human hearing; above 90 dB results in permanent cell damage, at 140 dB feeling of pain, and 190 dB will rupture the eardrum and November 6, 2018 BOS Minutes 316 Kirker Pass Road Northbound Truck Climbing Lane Project Initial Study/Mitigated Negative Declaration Contra Costa County Public Works Department August 2016 Project No.: 0662-6R4052 County CEQA No.: (CP# 15-04) Page 52 of 73 permanently damage the inner ear (HUD 2016). Section 65302(f) of the California Government Code requires that a noise element be prepared as a part of all city and county general plans. This state law requires that a jurisdiction’s noise element identify and work toward mitigation of noise problems in the community and include implementation measures and possible solutions that address any existing and perceivable noise problems. The Contra Costa County General Plan Noise Element follows the guidelines established by the California Department of Health Services entitled Guidelines for the Preparation and Content of the Noise Element of the General Plan, which defines noise metrics, discusses the process of noise element development, and presents land use compatibility guidelines based on various noise levels and provides goals, policies, and implementation measures for consideration (Contra Costa County 2005i). Contra Costa County does not have a noise ordinance and therefore, does not specify operational or construction noise level limits. The Noise Element of the General Plan does specify that construction activities shall be concentrated during the hours of the day that are not noise-sensitive for adjacent land uses and should be commissioned to occur during normal work hours of the day to provide relative quiet during the more sensitive evening and early morning periods. Construction activities are generally limited to the hours between 7 a.m. to 5 p.m. (Contra Costa County 2005i). A portion of the project lies within the City Limits of Concord. Concord Municipal Code Section 62- 32(I)(y) regulates noise by only allowing construction activity during certain hours each day of the week. Construction activity is allowed Monday through Friday from 7:30 am to 5:00 pm and on the weekends from 8:00 am to 5:00 pm. Land Use Setting The land uses surrounding the project area consist of grazing lands, a junk yard, a rural residence, nearby residential homes (located just outside the project limits) and the Concord Pavilion. Noise sensitive land uses consist of the residences located nearby the project area (along Flagstone Way) and one rural residence located within the project limits but higher in elevation than the construction area. The homes along Flagstone Way are located across Kirker Pass Road from the Concord Pavilion and have an existing 6-7 foot tall sound barrier that would provide a minimum 10 dBA reduction in noise levels. The existing noise environment in the project area is governed primarily by vehicular traffic traveling on Kirker Pass Road. a) Would the project cause exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? According to noise modeling conducted for operational impacts, the constructed project will not increase ambient noise levels above what already exists. As no operational traffic noise impacts are anticipated, no noise abatement measures are warranted. Project construction may temporarily increase the noise level in the project area as a result of construction equipment noise. Standard construction equipment anticipated to be used includes excavators, graders, loaders, sweepers/scrubbers, plate compactors, rollers, backhoes, and pavers. In general, these types of construction equipment generate noise levels ranging from about 76 to 83 decibels at 50 feet from the noise source (FHWA 2016). November 6, 2018 BOS Minutes 317 Kirker Pass Road Northbound Truck Climbing Lane Project Initial Study/Mitigated Negative Declaration Contra Costa County Public Works Department August 2016 Project No.: 0662-6R4052 County CEQA No.: (CP# 15-04) Page 53 of 73 Based on the Caltrans Standard Specifications Section 14-8.02, Noise Control (2010), the following rules are applicable to the project’s construction activities: 1. Do not exceed 86 dBA at 50 feet from the job site activities from 9:00 p.m. to 6:00 a.m. 2. Equip an internal combustion engine with the manufacturer-recommended muffler. Do not operate an internal combustion engine on the job site without the appropriate muffler. In accordance with the Noise Element of the General Plan and the City of Concord’s Municipal Code, project work will occur primarily during daytime hours, the non-sensitive period. Further, roadway construction activities typically occur for relatively short periods of time as construction proceeds along the project’s alignment. Construction noise would mostly be of concern where noise levels from individual pieces of equipment are substantially higher than ambient conditions, or when construction activities would occur during noise sensitive hours (early morning, evening, or nighttime hours). Construction of the project is primarily anticipated to occur during daytime hours; however, there may be times when nighttime work is necessary. Most construction phases would generate average noise levels that would exceed ambient daytime noise levels by about 10 dBA Leq[h] with shielding provided by existing noise barriers and natural shielding such as topography and vegetation. Demolition involving impact tools would generate noise levels of about 20 dBA Leq[h]. Maximum instantaneous noise levels generated by typical construction activities would generally be 5dB or less above existing maximum noise levels generated by traffic. To reduce the potential for noise impacts resulting from project construction, the following measures will be implemented during project construction: MITIGATION MEASURE NOI-1: EMPLOY NOISE-REDUCING PRACTICES DURING CONSTRUCTION 1. Equip all internal combustion engine driven equipment with intake and exhaust mufflers that are in good condition and appropriate for the equipment. 2. Unnecessary idling of internal combustion engines within 100 feet of residences should be strictly prohibited. 3. Locate stationary noise generating equipment as far as possible from sensitive receptors. 4. Utilize ‘quiet’ air compressors and other ‘quiet’ equipment where such technology exists. 5. Avoid staging of construction equipment within 200 feet of residences and locate all stationary noise-generating construction equipment as far as practical from noise sensitive receptors. 6. Require all construction equipment to conform to Section 14-8.02 Noise Control, of the latest Standard Specifications. 7. Provide notification to the adjacent noise-sensitive receptors including the specific construction schedule for major noise-generating construction activities. Therefore, project impacts will be less than significant with mitigation incorporated. b) Would the project cause exposure of persons to or generation of, excessive ground borne vibration or ground borne noise levels? Road traffic is rarely the source of perceptible ground-borne vibration. Exceptions to this occur when there is a significant discontinuity in the roadway surface. Vehicles traveling over a discontinuity can November 6, 2018 BOS Minutes 318 Kirker Pass Road Northbound Truck Climbing Lane Project Initial Study/Mitigated Negative Declaration Contra Costa County Public Works Department August 2016 Project No.: 0662-6R4052 County CEQA No.: (CP# 15-04) Page 54 of 73 impart energy into the ground that can be perceived as ground -borne vibration (Caltrans 2013). The project will result in a smoother road pavement surface. Therefore, the constructed project is not expected to result in perceptible ground-borne vibration. However, construction activities could include operation of large pieces of equipment (e.g., graders, excavators) that may result in the periodic temporary generation of ground-borne vibration. While the project vicinity is largely rural in nature, there is a residence near the project’s eastern segment. Heavy construction equipment will primarily be operated during the clearing/grubbing and grading phases, which are not anticipated to occur continuously at any one location as it would move throughout the project limits. Therefore, project impacts will be less than significant. c) Would the project cause a substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? According to noise modeling conducted for operational impacts, the constructed project will not increase ambient noise levels above what already exists. As no operational traffic noise impacts are anticipated, no noise abatement measures are warranted. Therefore, project impacts will be less than significant. d) Would the project cause a substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? The project will not contribute to temporary or periodic increases in the ambient noise levels in the project vicinity above what exists currently. The road improvements will create better traffic flow along the roadway. According to noise modeling conducted for operational impacts, the constructed project will not increase ambient noise levels above what already exists. As no operational traffic noise impacts are anticipated, no noise abatement measures are warranted. Therefore, project impacts will be less than significant. e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? There is no public airport located within two miles of the project area. Therefore, the project will have no impact. f) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? The project is not located in the vicinity of a private airstrip. Therefore, the project will have no impact. November 6, 2018 BOS Minutes 319 Kirker Pass Road Northbound Truck Climbing Lane Project Initial Study/Mitigated Negative Declaration Contra Costa County Public Works Department August 2016 Project No.: 0662-6R4052 County CEQA No.: (CP# 15-04) Page 55 of 73 XIII. POPULATION AND HOUSING Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact Would the project: a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? Section 15126.2(d) of the CEQA Guidelines states that the lead agency shall discuss ways in which the proposed project could foster economic or population growth, or the construction of additional housing, either directly or indirectly in the surrounding environment including the removal of obstacles that would encourage population growth. Increases in the population may stress existing community service facilities, requiring construction of new facilities that could cause significant environmental effects (Contra Costa County 2005j). a) Would the project induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? The project is a truck climbing lane project that is intended to reduce congestion along an existing roadway. The project does not include new development or other infrastructure that could induce substantial population growth. Therefore, project impacts will be less than significant. b) Would the project displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? While the project may require some sliver right-of-way acquisitions along Kirker Pass Road to accommodate the new truck lane, the project will not result in the displacement of existing homes. No homes will be demolished or removed by the project. Therefore, the project will have no impact. c) Would the project displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? The project will not displace residents because as stated above no residences will be removed or demolished. Therefore, the project would have no impact. November 6, 2018 BOS Minutes 320 Kirker Pass Road Northbound Truck Climbing Lane Project Initial Study/Mitigated Negative Declaration Contra Costa County Public Works Department August 2016 Project No.: 0662-6R4052 County CEQA No.: (CP# 15-04) Page 56 of 73 PAGE INTENTIONALLY LEFT BLANK November 6, 2018 BOS Minutes 321 Kirker Pass Road Northbound Truck Climbing Lane Project Initial Study/Mitigated Negative Declaration Contra Costa County Public Works Department August 2016 Project No.: 0662-6R4052 County CEQA No.: (CP# 15-04) Page 57 of 73 XIV. PUBLIC SERVICES Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact Would the project: a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services? 1 Fire Protection? 2 Police Protection? 3 Schools? 4 Parks? 5 Other public facilities? a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services? 1 Fire Protection? The Contra Costa County Fire Protection District provides fire protection services and emergency services for nine cities (including Concord) and the unincorporated areas in Contra Costa County (Contra Costa County 2005k). The constructed project will not increase demand for fire protection services and thus no new government facilities or expansion of existing facilities will be required. However, project construction could spark unintentional fires that may require fire services. Project contract specifications will require the contractor to contact local fire protection response services prior to project construction and provide at least one passable lane at all times during construction for fire protection vehicles. Therefore, project impacts will be less than significant. 2 Police Protection? The Contra Costa County Sheriff’s Department provides general public safety and law enforcement services in unincorporated areas of Contra Costa County (Contra Costa County 2005k) and the City of Concord provides police services within Concord City Limits. The constructed project will not increase demand for police services and thus no new government facilities or expansion of existing facilities will be required. However, to alleviate any disruption to police protection services during construction, the contractor will contact local police protection response services prior to project construction and provide at least one passable lane at all times during construction for police vehicles. Therefore, project impacts will be less than significant. 3 Schools? The project is a truck climbing lane project and does not include new development that could increase November 6, 2018 BOS Minutes 322 Kirker Pass Road Northbound Truck Climbing Lane Project Initial Study/Mitigated Negative Declaration Contra Costa County Public Works Department August 2016 Project No.: 0662-6R4052 County CEQA No.: (CP# 15-04) Page 58 of 73 the need for new schools or related facilities. The project will not increase demand for school services and thus no new government facilities or expansion of existing facilities will be required. Therefore, the project will have no impact. 4 Parks? The project area is not located within or near a park. The constructed project will not increase demand for parks and thus no new facilities or expansion of existing facilities will be required. Therefore, the project will have no impact. 5 Other public facilities? There are no other public facilities that would require new or expanded service facilities. Therefore, the project will have no impact. November 6, 2018 BOS Minutes 323 Kirker Pass Road Northbound Truck Climbing Lane Project Initial Study/Mitigated Negative Declaration Contra Costa County Public Works Department August 2016 Project No.: 0662-6R4052 County CEQA No.: (CP# 15-04) Page 59 of 73 XV. RECREATION Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact Would the project: a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? b) Does the project include recreational facilities or require the construction or expansion of recreational facilities that might have an adverse physical effect on the environment? a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? The project is a truck climbing lane project and does not include new development that could increase the use of existing parks or recreational facilities that could result in deterioration of facilities. Therefore, the project will have no impact. b) Does the project include recreational facilities or require the construction or expansion of recreational facilities that might have an adverse physical effect on the environment? As noted above, the project is a truck climbing lane project and does not include new development that could require construction or expansion of existing recreational facilities. Therefore, the project will have no impact. November 6, 2018 BOS Minutes 324 Kirker Pass Road Northbound Truck Climbing Lane Project Initial Study/Mitigated Negative Declaration Contra Costa County Public Works Department August 2016 Project No.: 0662-6R4052 County CEQA No.: (CP# 15-04) Page 60 of 73 PAGE INTENTIONALLY LEFT BLANK November 6, 2018 BOS Minutes 325 Kirker Pass Road Northbound Truck Climbing Lane Project Initial Study/Mitigated Negative Declaration Contra Costa County Public Works Department August 2016 Project No.: 0662-6R4052 County CEQA No.: (CP# 15-04) Page 61 of 73 XVI. TRANSPORTATION/TRAFFIC Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact Would the project: a) Conflict with an applicable plan, ordinance or policy establishing measures of effectiveness for the performance of the circulation system, taking into account all modes of transportation including mass transit and non-motorized travel and relevant components of the circulation system, including but not limited to intersections, streets, highways and freeways, pedestrian and bicycle paths, and mass transit? b) Conflict with an applicable congestion management program, including, but not limited to level of service standards and travel demand measures, or other standards established by the county congestion management agency for designated roads or highways? c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? d) Substantially increase hazards due to a design feature (e.g. sharp curves or dangerous intersections) or incompatible uses (e.g. farm equipment)? e) Result in inadequate emergency access? f) Conflict with adopted policies, plans or programs regarding public transit, bicycle, or pedestrian facilities, or otherwise decrease the performance or safety of such facilities? Regulatory Background The Contra Costa Transportation Authority (CCTA) is a public agency formed to manage the County's transportation sales tax program and to conduct countywide transportation planning. CCTA is responsible for maintaining and improving the County’s transportation system by planning, funding, and delivering critical transportation infrastructure projects and programs that connect the communities safely and efficiently including bicycle and pedestrian projects as described in the 2009 Countywide Bike and Pedestrian Plan (CCTA 2009, 2014). In addition, the Transportation and Circulation Element of the County General Plan includes transportation goals and policies (Contra Costa County 2005l). Existing Traffic Conditions Kirker Pass Road will be widened so that the roadway on the southeast side from Clearbrook Drive in the City of Concord to the northern Hess Road intersection will accommodate a northbound truck climbing lane. This stretch of rural road experiences heavy commute traffic; including truck traffic. The steep grade of this stretch of Kirker Pass Road forces truck traffic to slow as truck drivers negotiate the steep grade. This slowing causes congestion, particularly during commute hours. November 6, 2018 BOS Minutes 326 Kirker Pass Road Northbound Truck Climbing Lane Project Initial Study/Mitigated Negative Declaration Contra Costa County Public Works Department August 2016 Project No.: 0662-6R4052 County CEQA No.: (CP# 15-04) Page 62 of 73 a) Would the project conflict with an applicable plan, ordinance or policy establishing measures of effectiveness for the performance of the circulation system, taking into account all modes of transportation including mass transit and non-motorized travel and relevant components of the circulation system, including but not limited to intersections, streets, highways and freeways, pedestrian and bicycle paths, and mass transit? The constructed project will not conflict with applicable plans, ordinances or policies establishing measures of effectiveness for the performance of the circulation system since the purpose of the project is to create a truck lane that will allow for better traffic flow and will not lead to adverse changes in truck routing. After reviewing the 2009 Contra Costa Countywide Bicycle and Pedestrian Plan, County Public Works Staff has determined that the project will not interfere with the County bicycle plan as Kirker Pass Road within the project segment is not designated as a bicycle facility but designated as a proposed facility (CCTA 2009). Once the project is completed the new paved shoulders could include a class II bike lane in the future. While the constructed project will improve traffic circulation and will not interfere with other modes of motorized and non-motorized transportation, construction of the project will temporarily disrupt traffic circulation as it will result in traffic congestion and delays from one-way road closures. Construction activities will be generally limited to the hours between 7:00 a.m. to 5:00 p.m. Monday through Friday. Traffic control will be in place to accommodate morning and evening commute traffic. In order to ensure traffic impacts are minimized during construction activities, the project contract specifications will require the contractor to implement the following avoidance measures: AVOIDANCE MEASURE TRA-1: 1. No full lane closures allowed during commute hours; at off-peak hours one lane of Kirker Pass Road may be temporarily closed during active construction; reopening of lanes at the end of each working day. 2. Temporary lane closures may be scheduled at times of minimal traffic volumes such as nights, weekends, and off-commute hours where low traffic volumes are expected. 3. Traffic control including flaggers will be used as warranted to adjust flow as vehicle volume increases in either direction. 4. Placement of construction zone speed limits. 5. Advance letter notification to local emergency response services to allow them to plan for alternate routes. 6. Emergency vehicle access at all times. 7. Letter notification to local residents seven calendar days in advance of construction and road closure start date(s). 8. Publish press release in local newspapers seven days before construction start date. 9. Placement of portable changeable message signs at various locations in project vicinity with construction start and road closure dates and period at least seven calendar days in advance of start dates. 10. Provide accessibility to driveways to properties outside the project area throughout the project. In addition, County Design and Construction Division staff will coordinate with the City of Concord and the Concord Pavilion as early as possible to minimize disruption to any scheduled events. Project impacts will be less than significant with these avoidance measures in place. November 6, 2018 BOS Minutes 327 Kirker Pass Road Northbound Truck Climbing Lane Project Initial Study/Mitigated Negative Declaration Contra Costa County Public Works Department August 2016 Project No.: 0662-6R4052 County CEQA No.: (CP# 15-04) Page 63 of 73 b) Would the project conflict with an applicable congestion management program, including, but not limited to level of service standards and travel demand measures, or other standards established by the county congestion management agency for designated roads or highways? The constructed project will not conflict with a congestion management program as the purpose of the project is to improve the existing traffic flow along the roadway for trucks and cars. While there will be additional traffic generated during project construction from construction-related vehicles, the traffic increases are short-term. Therefore, project impacts will be less than significant. c) Would the project result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? The project will not result in a change in air traffic patterns as there will be no increase in traffic levels or change in location that would pose a substantial safety risk. Therefore, the project will have no impact. d) Would the project substantially increase hazards due to a design feature (e.g. sharp curves or dangerous intersections) or incompatible uses (e.g. farm equipment)? The constructed project will not substantially increase hazards due to a design feature as the purpose of the project is to improve traffic flow along the roadway. During construction the project contract specifications will require the contractor to implement the avoidance measures above to minimize potential construction impacts; therefore project impacts will be less than significant. e) Would the project result in inadequate emergency access? The constructed project would not result in inadequate emergency access. However, project construction could interfere with emergency access. The project contract specifications include the measures listed above to minimize potential impacts. Therefore, project impacts will be less than significant. f) Would the project conflict with adopted policies, plans or programs regarding public transit, bicycle, or pedestrian facilities, or otherwise decrease the performance or safety of such facilities? As discussed above, the project will not disrupt any current or planned public transit, bicycle, or pedestrian facilities planned along Kirker Pass Road within the project segment. While Kirker Pass Road will not be designated as a current bicycle facility, the completed project will provide widened paved shoulders for future Class II bike lanes which is consistent with County transportation policies (Contra Costa County 2005l, CCTA 2009, 2014). Therefore, the project will have no impact. November 6, 2018 BOS Minutes 328 Kirker Pass Road Northbound Truck Climbing Lane Project Initial Study/Mitigated Negative Declaration Contra Costa County Public Works Department August 2016 Project No.: 0662-6R4052 County CEQA No.: (CP# 15-04) Page 64 of 73 PAGE INTENTIONALLY LEFT BLANK November 6, 2018 BOS Minutes 329 Kirker Pass Road Northbound Truck Climbing Lane Project Initial Study/Mitigated Negative Declaration Contra Costa County Public Works Department August 2016 Project No.: 0662-6R4052 County CEQA No.: (CP# 15-04) Page 65 of 73 XVIII. UTILITIES AND SERVICE SYSTEMS Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact Would the project: a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? c) Require or result in the construction of new storm water drainage facilities, the construction of which could cause significant environmental effects? d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? e) Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project’s projected demand in addition to the provider’s existing commitments? f) Be served by a landfill with sufficient permitted capacity to accommodate the project’s waste disposal needs? g) Comply with federal, state and local statutes and regulations related to solid waste? A portion of the project area is not located within service areas due to its location in a rural area beyond city limits, which relies on wells for domestic water and septic tanks and leach fields for sanitary waste (Contra Costa County 2005m). The other area of the project lies within the City of Concord and served by their services, but the project will not require water or wastewater treatment services. a) Would the project exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? The project will not exceed wastewater requirements because the completed project would not result in the need for wastewater treatment. Therefore, the project will have no impact. November 6, 2018 BOS Minutes 330 Kirker Pass Road Northbound Truck Climbing Lane Project Initial Study/Mitigated Negative Declaration Contra Costa County Public Works Department August 2016 Project No.: 0662-6R4052 County CEQA No.: (CP# 15-04) Page 66 of 73 b) Would the project require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? The project will not require or result in the construction of new water or wastewater treatment faci lities or expansion of existing facilities because the completed project will not require or result in the need for water or wastewater services. Therefore, the project will have no impact. c) Would the project require or result in the construction of new storm water drainage facilities, the construction of which could cause significant environmental effects? Existing roadside drainage features, such as concrete ditches, asphalt dikes, and inlets, will be relocated during pavement widening, and existing culverts under the roadway will be extended. Once complete the project will largely maintain the existing drainage pattern; however, two bioretention features will be installed to satisfy the requirements of Provision C.3 of the Contra Costa County Clean Water Program’s National Pollutant Discharge Elimination System (NPDES) Permit. Provision C.3 requires stormwater retention and treatment to reduce erosion and sediment associated with runoff and to mimic the site’s pre- construction hydrology. Therefore, the project’s impacts will be less than significant. d) Would the project have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? The completed project will not require water service, and any water needed during construction activities would be provided by water trucks from off-site water sources. Therefore, the project will have no impact. e) Would the project result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project’s projected demand in addition to the provider’s existing commitments? The completed project will not require wastewater treatment services. Therefore, the project will have no impact. f) Would the project be served by a landfill with sufficient permitted capacity to accommodate the project’s waste disposal needs? The completed project will not have waste disposal needs. Solid waste generated by project construction would be limited to construction debris such as vegetative matter, asphalt, and concrete. Material generated by the excavation of the existing roadway and construction of associated improvements will be disposed of in accordance with federal, state, and local regulations. Therefore, project impacts will be less than significant. g) Would the project comply with federal, state and local statutes and regulations related to solid waste? The project specifications will require that the contractor dispose of solid waste generated from construction in accordance with federal, state and local regulations. Therefore, the project will have no impact. November 6, 2018 BOS Minutes 331 Kirker Pass Road Northbound Truck Climbing Lane Project Initial Study/Mitigated Negative Declaration Contra Costa County Public Works Department August 2016 Project No.: 0662-6R4052 County CEQA No.: (CP# 15-04) Page 67 of 73 XIX. MANDATORY FINDINGS OF SIGNIFICANCE Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact Would the project: a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish and wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Does the project have impacts that are individually limited, but cumulatively considerable? (“Cumulatively considerable” means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? c) Does the project have environmental effects that will cause substantial adverse effects on human beings, either directly or indirectly? a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish and wildlife species, cause a fish or wildlife population to drop below self -sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? The project will not degrade the quality of the environment. There are no known historic or archaeological resources of importance that will be impacted due to anticipated absence in the project area and implementation of appropriate avoidance and minimization measures. Further, as described in the Air Quality, Biological Resources, Cultural Resources, Greenhouse Gas, Hazards and Hazardous Materials, Noise, and Transportation/Traffic sections, appropriate avoidance, minimization, and/or mitigation measures will be implemented to ensure potential impacts due to the project remain less than significant with mitigation incorporated. b) Does the project have impacts that are individually limited, but cumulatively considerable? (“Cumulatively considerable” means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? All project impacts were found to be less than significant or less than significant with avoidance, minimization, and/or mitigation measures incorporated. No other known projects that could result in cumulative construction impacts are currently planned. Therefore, the impacts will be less than November 6, 2018 BOS Minutes 332 Kirker Pass Road Northbound Truck Climbing Lane Project Initial Study/Mitigated Negative Declaration Contra Costa County Public Works Department August 2016 Project No.: 0662-6R4052 County CEQA No.: (CP# 15-04) Page 68 of 73 significant. c) Does the project have environmental effects that will cause substantial adverse effects on human beings, either directly or indirectly? The project will not cause substantial adverse direct or indirect effects on human beings as impacts will be avoided and minimized where possible and mitigated when necessary. Mitigation measures will be implemented as described in the Air Quality, Biological Resources, Greenhouse Gas, Hazards and Hazardous Materials, Noise, and Transportation/Traffic sections. Therefore, project impacts will be less than significant with mitigation incorporated. November 6, 2018 BOS Minutes 333 Kirker Pass Road Northbound Truck Climbing Lane Project Initial Study/Mitigated Negative Declaration Contra Costa County Public Works Department August 2016 Project No.: 0662-6R4052 County CEQA No.: (CP# 15-04) Page 69 of 73 References Association of Bay Area Governments (ABAG). 2016. Earthquake Hazards. http://resilience.abag.ca.gov/earthquakes/. Association of Environmental Professionals (AEP). 2014. California Environmental Quality Act (CEQA) Statute and Guidelines. California Natural Resources Agency, Sacramento, CA. http://resources.ca.gov/ceqa/. Bay Area Air Quality Management District (BAAMQD). 1999. California Environmental Quality Act, Air Quality Guidelines. San Francisco, CA. December. http://www.baaqmd.gov/Divisions/Planning-and- Research/CEQA-GUIDELINES/Updated-CEQA-Guidelines.aspx. Bay Area Air Quality Management District (BAAQMD). 2010a. Bay Area 2010 Clean Air Plan. Adopted September 10, 2010. San Francisco, CA. http://www.baaqmd.gov/plans-and-climate/air-quality- plans/current-plans. Bay Area Air Quality Management District (BAAMQD). 2010b. Draft California Environmental Quality Act, Air Quality Guidelines. San Francisco, CA. May 2010. http://www.baaqmd.gov/plans-and- climate/california-environmental-quality-act-ceqa/updated-ceqa-guidelines. Bay Area Air Quality Management District (BAAMQD). 2012. California Environmental Quality Act, Air Quality Guidelines. Updated May 2012. San Francisco, CA. http://www.baaqmd.gov/plans-and- climate/california-environmental-quality-act-ceqa/updated-ceqa-guidelines. Bay Area Quality Management District (BAAQMD). 2015a. San Francisco Bay Area Air Basin attainment status. http://hank.baaqmd.gov/pln/air_quality/ambient_air_quality.htm. Bay Area Quality Management District (BAAQMD). 2015b. Naturally-Occurring Asbestos. http://www.baaqmd.gov/permits/asbestos/naturally-occuring-asbestos. CalFire. 2007. State Responsibility Area Fire Hazard Severity Zone Map. http://www.fire.ca.gov/fire_prevention/fire_prevention_wildland_zones_maps.php. CalFire. 2009. Local Responsibility Area Fire Hazard Severity Zone Map (Recommended). http://www.fire.ca.gov/fire_prevention/fire_prevention_wildland_zones_maps.php. California Air Resources Board. 2015. Naturally-Occurring Asbestos – Regulatory Information. http://www.arb.ca.gov/toxics/asbestos/reginfo.htm. California Air Resources Board (CARB). 2005. Air Quality and Land Use Handbook. www.arb.ca.gov/ch/handbook.pdf. California Department of Conservation. 2015. Farmland Mapping and Monitoring Program: http://www.conservation.ca.gov/dlrp/fmmp/Pages/Index.aspx ; California Government Code §51290(a)(b), 51291 (Williamson Act Contract Program):. http://www.conservation.ca.gov/dlrp/lca/basic_contract_provisions/Pages/wa_overview.aspx . November 6, 2018 BOS Minutes 334 Kirker Pass Road Northbound Truck Climbing Lane Project Initial Study/Mitigated Negative Declaration Contra Costa County Public Works Department August 2016 Project No.: 0662-6R4052 County CEQA No.: (CP# 15-04) Page 70 of 73 California Department of Conservation. 2015. Contra Costa County Important Farmland Map. Division of Land Use Protection, Farmland Mapping and Monitoring Program. ftp://ftp.consrv.ca.gov/pub/dlrp/FMMP/pdf/2012/con12.pdf. California Department of Conservation (CDC). 2000. A General Location Guide for Ultramafic Rocks in California – Areas More Likely to Contain Naturally Occurring Asbestos. August. http://www.conservation.ca.gov/cgs/minerals/hazardous_minerals/asbestos/Pages/index.aspx . California Department of Transportation (Caltrans). 2015a. California Scenic Highway Mapping System. http://www.dot.ca.gov/hq/LandArch/16_livability/scenic_highways/. California Department of Transportation (Caltrans). 2015b. Highway Design Manual. http://www.dot.ca.gov/hq/oppd/hdm/hdmtoc.htm. California Department of Transportation (Caltrans). 2013. Transportation and Construction Vibration Guidance Manual. Division of Environmental Analysis. September. http://www.dot.ca.gov/hq/env/noise/pub/TCVGM_Sep13_FINAL.pdf. California Department of Transportation (Caltrans). 2010. Standard Specifications. http://www.dot.ca.gov/hq/esc/oe/construction_contract_standards/std_specs/2010_StdSpecs/2010_StdSpecs. pdf. California Environmental Protection Agency (CalEPA). 2016a. General information. http://www.calepa.ca.gov/About/History01/. California Environmental Protection Agency (CalEPA). 2016b. EnviroStor Hazardous Waste and Substances Site (Cortese) List. Department of Toxic Substance Control. http://www.calepa.ca.gov/SiteCleanup/CorteseList/. California Natural Resources Agency. 2015. CEQA Guidelines. http://resources.ca.gov/ceqa/guidelines/. California Office of Planning and Research (OPR). 2008a. Governor’s Office of Planning and Research, State of California. July 2008 (revised). Technical Advisory: CEQA AND ASBESTOS: Addressing Naturally Occurring Asbestos in CEQA Documents. http://opr.ca.gov/docs/asbestos_advisory.pdf. Sacramento, CA. California Office of Planning and Research (OPR). 2008b. Governor’s Office of Planning and Research, State of California. June 19, 2008. Technical Advisory: CEQA and Climate Change: Addressing Climate Change Through California Environmental Quality Act (CEQA) Review. Sacramento, CA. Condor Country Consulting, Inc. 2015. Historic Property Survey Report, Kirker Pass Road Northbound Truck Climbing Lane. Caltrans Federal Project No.: RPSTPL 5928 (123). September 3. Martinez, CA. Condor Country Consulting, Inc. 2015. Archaeological Survey Report, Kirker Pass Road Northbound Truck Climbing Lane. Caltrans Federal Project No.: RPSTPL 5928 (123). September. Martinez, CA. November 6, 2018 BOS Minutes 335 Kirker Pass Road Northbound Truck Climbing Lane Project Initial Study/Mitigated Negative Declaration Contra Costa County Public Works Department August 2016 Project No.: 0662-6R4052 County CEQA No.: (CP# 15-04) Page 71 of 73 Contra Costa County. January 2005. Contra Costa County General Plan 2005-2020. Contra Costa County Community Development Department. Martinez, CA. 2005a: Aesthetics: 9. Open Space Element, 9.6 Scenic Resources, page 9-4, Figure 9-1; 5. Transportation and Circulation Element: 5.9 Scenic Routes; Figure 5-4 2005b: Agricultural Resources: 5. Transportation and Circulation Element, 5.6 Roadways and Transit, 5- 9, 5-17, 5-x, 5-ai 2005c: Air Quality: 8. Conservation Element, 8.14 Air Resources, page 8-51 2005d: Biological Resources: 8. Conservation Element, 8.6 Vegetation and Wildlife 2005e: Geology: 10. Safety Element, Figures 10-1 – 10-6. 2005f: Hydrology/Water Quality: 10. Safety Element, 10.8 Flood Hazards, 10-26 – 10-30 2005g: Land Use and Planning: 3: Land Use Element, page 3-1; 5: Transportation and Circulation Element; 5.6: Roadways and Transit, pages 5-13-5-15 2005h: Mineral Resources: 8. Conservation Element, 8.9-Mineral Resource Areas; page 8-33, Figure 8-4 2005i: Noise: 11: Noise Element, pages 11-1-11-40 2005j: Population and Housing: 6. Housing Element, pages 6-1 and 6-3 2005k: Public Services: 7: Public Facilities/Services Element: 7.10 Fire Protection, Figure 7-6, page 7- 28; 7.9: Public Protection, page 7-23 2005l: Transportation: 5. Transportation and Circulation Element: 5.6 Roadways and Transit, page 5-12; 5.9 Scenic Routes, Figure 5-4, page 5-25 2005m: Utilities: 7: Public Facilities/Services Element, 7.6 Water Service, Figure 7-1, page 7-6; Figure 7-3, page 7-13; 7.11 Solid Waste Management, page 7-31, Figure 7-7 Contra Costa County. 2016. Mapping Services. http://www.ccmap.us/interactive_maps.aspx. Contra Costa County Department of Conservation and Development (CCCDCD). 2015a. Williamson Act Program, 2012 Agricultural Preserve Map. Advanced Planning Division. Martinez, CA. Website accessed January 21, 2015: http://www.co.contra-costa.ca.us/depart/cd/current/advance/williamsonact/index.htm. Contra Costa County Department of Conservation and Development (CCCDCD). 2015b. Climate Action Plan. December 15. http://ca-contracostacounty2.civicplus.com/4554/Climate-Action-Plan. Contra Costa County Fire Protection District. 2016. Fire services for project area. Website accessed: August 2016: http://www.cccfpd.org/. Contra Costa County Health Services, Hazardous Materials Program. 2016. http://cchealth.org/hazmat/. Contra Costa County Public Works Department. 2012. Tracking Form for Capital Improvement Projects for Compliance with Provision C.3. December 19. Watershed Program. Martinez, CA. Contra Costa County Public Works Department. 2015. Traffic Technical Memorandum, Kirker Pass Northbound Truck Climbing Lane Project. Caltrans Federal Project No.: RPSTPL 5928 (123). December 19. Martinez, CA. Caltrans approval? Contra Costa County Public Works Department. 2015. Visual Impact Assessment Guide, Kirker Pass Northbound Truck Climbing Lane Project. Caltrans Federal Project No.: RPSTPL 5928 (123). September. Martinez, CA. Caltrans approval? November 6, 2018 BOS Minutes 336 Kirker Pass Road Northbound Truck Climbing Lane Project Initial Study/Mitigated Negative Declaration Contra Costa County Public Works Department August 2016 Project No.: 0662-6R4052 County CEQA No.: (CP# 15-04) Page 72 of 73 Contra Costa Transportation Authority. 2009. Contra Costa Countywide Bicycle and Pedestrian Plan. http://www.ccta.net/_resources/detail/5/1. Contra Costa Transportation Authority. 2013. Update of the Contra Costa Congestion Management Program. December 18. http://www.ccta.net/sources/detail/10/1. Contra Costa Transportation Authority. 2014. Draft Countywide Comprehensive Transportation Plan. http://www.ccta.net/sources/detail/11/1. Contra Costa County Department of Conservation and Development. 2003. Watershed Altas. November. Martinez, CA. East Contra Costa County Habitat Conservancy. 2016a. Application Form and Planning Survey Report to Comply with and Receive Permit Coverage under the East Contra Costa County Habitat Conservation Plan and Natural Community Conservation Plan, Kirker Pass Road Northbound Truck Climbing Lane, Federal Project No.: RPSTPL 5928 (123). May 3. Martinez, CA. East Contra Costa County Habitat Conservancy. 2016b. Mitigation Strategy for Northbound Kirker Pass Road Climbing Lane Project. Recommend Governing Board approve the mitigation strategy. February 22. Federal Emergency Management Agency (FEMA). 2009. Flood Insurance Rate Map, Contra Costa County, Panel 525 of 602 (060025-0525). June 16. Illingworth & Rodkin, Inc. 2015. Noise Study Report, Kirker Pass Road Northbound Truck Climbing Lane. Caltrans Federal Project No.: RPSTPL 5928 (123). December. Petaluma, CA. Jones & Stokes. 2006. East Contra Costa County Habitat Conservation Plan/Natural Community Conservation Plan. http://www.co.contra-costa.ca.us/depart/cd/water/HCP/documents.html. LSA Associates, Inc. 2014. Construction Emissions Analysis, Kirker Pass Road Northbound Truck Climbing Lane. Caltrans Federal Project No.: RPSTPL 5928 (123). November 6. Point Richmond, CA. LSA Associates, Inc. 2015a. Natural Environment Study, Kirker Pass Road Northbound Truck Climbing Lane. Caltrans Federal Project No.: RPSTPL 5928 (123). October 20. Point Richmond, CA. LSA Associates, Inc. 2015b. Biological Assessment, Kirker Pass Road Northbound Truck Climbing Lane. Caltrans Federal Project No.: RPSTPL 5928 (123). October 20. Point Richmond, CA. Mark Thomas & Co., Inc. 2016. Draft Geotechnical Investigation Report, Kirker Pass Road Northbound Truck Climbing Lane. June 2. Walnut Creek, CA. Regional Water Quality Control Board – Central Valley. 2015. Water Quality Certification for Discharges of Dredged or Fill Materials Under CWA Section 401. http://www.swrcb.ca.gov/centralvalley/help/business_help/permit2.shtml. Regional Water Quality Control Board – San Francisco Bay. 2015. Waste Discharge Requirements and National Pollutant Discharge Elimination System (NPDES) Permit for Storm Water Discharges from November 6, 2018 BOS Minutes 337 Kirker Pass Road Northbound Truck Climbing Lane Project Initial Study/Mitigated Negative Declaration Contra Costa County Public Works Department August 2016 Project No.: 0662-6R4052 County CEQA No.: (CP# 15-04) Page 73 of 73 Municipal Separate Storm Sewer Systems (Order No. R2-2015-0049). November 19. San Francisco, CA. Solano Transportation Authority. 2010. Draft Environmental Impact Report/Environmental Impact Statement, Interstate 80/Interstate 680/State Route 12 Interchange Project. August. http://www.sta.ca.gov/docManager/1000002446/17_Ch_3.2.4_80-680_DEIR_Vol_1_web.pdf. State Water Resources Control Board [SWRCB]. 2015. National Pollution Discharge Elimination System (NPDES) General Permit for Storm Water Discharges Associated with Construction and Land Disturbance Activities (Order 2012-0006-DWQ). http://www.waterboards.ca.gov/water_issues/programs/stormwater/constpermits.shtml. United States Department of Agriculture. 2015. Farmland Conversion Impact Rating (Form AD-1006). Kirker Pass Road Truck Lane Project. September 1. United States Department of Housing and Urban Development (HUD). 2010. https://www.hudexchange.info/onecpd/assets/File/Noise-Guidebook-Chapter-1.pdf. United States Environmental Protection Agency (USEPA). 2016. https://www.epa.gov/clean-air-act- overview/title-iv-noise-pollution. United States Environmental Protection Agency (USEPA). 2015. Six Common Air Pollutants. http://www.epa.gov/air/urbanair/. United States Geological Survey (USGS). 2012. Clayton 7.5-Minute Topographic Quadrangle. United States Department of Transportation, Federal Highways Administration (FHWA). 2015. United States Department of Labor, Occupational Safety and Health Administration (OSHA). 2016. Fire safety requirements at construction sites. https://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=STANDARDS&p_id=10671. United States Department of Transportation, Federal Highway Administration (FHWA). 2016. Construction equipment decibel levels. https://www.fhwa.dot.gov/environment/noise/construction_noise/handbook/handbook09.cfm. Personal Communications: Oster, Ken. 2015. Farmland Conversion Impact Rating (Form AD-1006). Email correspondence confirming soils within project area not prime farmland or farmland of statewide importance. September 2. U.S. Department of Agriculture, Natural Resources Conservation Service, Area Resource Soil Scientist. Templeton, CA. November 6, 2018 BOS Minutes 338 APPENDIX A: MITIGATION AND MONITORING REPORTING PROGRAM (MMRP) Kirker Pass Road Northbound Truck Climbing Lane Project Initial Study/Mitigated Negative Declaration Contra Costa County Public Works Department August 2016 Project No.: 0662-6R4052 County CEQA No.: (CP# 15-04) Page 1 of 14 MEASURE # MITIGATION MEASURE IMPLEMENTATION TIMING IMPLEMENTATION RESPONSIBILITY VERIFICATION RESPONSIBILITY AIR-1 MITIGATION MEASURE AIR-1: CONSTRUCTION IMPACTS Consistent with the Best Management Practices required by the BAAQMD, the following actions shall be incorporated into construction contract and specifications for the project:  All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved access roads) shall be watered two times per day.  All haul trucks transporting soil, sand, or other loose material off -site shall be covered.  All visible mud or dirt tracked-out onto adjacent public roads shall be removed using wet power vacuum street sweepers at least once per day. The use of dry power sweeping is prohibited.  All vehicle speeds on unpaved roads shall be limited to 15 mph.  All roadways, driveways, and sidewalks to be paved shall be completed as soon as possible.  Idling times shall be minimized either by shutting equipment off when not in use or reducing the maximum idling time to 5 minutes (as required by the California airborne toxics control measure Title 13, Section 2485 of California Code of Regulations [CCR]). Clear signage shall be provided for construction workers at all access points.  All construction equipment shall be maintained and properly tuned in accordance with manufacturer’s specifications. All equipment shall be checked by a certified mechanic and determined to be running in proper condition prior to operation.  A publicly visible sign shall be posted with the telephone number and contact information for the designated on-site construction manager available to receive and respond to dust complaints. This person shall report all complaints to Contra Costa County and take immediate corrective action as soon as practical but not more than 48 hours after the complaint is received. The B AAQMD’s phone number shall also be visible to ensure compliance with applicable regulations. During construction CCCPWD Construction Division CCCPWD Environmental Services Division November 6, 2018 BOS Minutes 339 APPENDIX A: MITIGATION AND MONITORING REPORTING PROGRAM (MMRP) Kirker Pass Road Northbound Truck Climbing Lane Project Initial Study/Mitigated Negative Declaration Contra Costa County Public Works Department August 2016 Project No.: 0662-6R4052 County CEQA No.: (CP# 15-04) Page 2 of 14 MEASURE # MITIGATION MEASURE IMPLEMENTATION TIMING IMPLEMENTATION RESPONSIBILITY VERIFICATION RESPONSIBILITY BIO-1 and BIO-2 MITIGATION MEASURE BIO-1: COMPENSATORY MITIGATION (SPECIES/HABITAT) And MITIGATON MEASURE BIO-2: COMPENSATORY MITIGATION (WETLANDS/WATERS) Compensatory mitigation will take the following two forms: 1. HCP/NCCP Development and Wetland Mitigation Fees: For impacts within the HCP/NCCP Service Area, the project will mitigate permanent and temporary impacts by fee payment to the Habitat Conservancy. Mitigation fees are based on the project’s impact acreages and are calculated based on two fee types (the project-wide development fee and the wetland mitigation fee). These fees are currently estimated to be $137,056.47. The fees may adjust as project plans are further refined. In addition, the HCP/NCCP fees adjust annually (in March). Final project fees based on final project impacts will be paid at construction contract award. 2. Supplemental mitigation funds: For impacts outside the HCP/NCCP Service Area, an additional mitigation fee will be paid. The additional mitigation fee will consist of a base fee (i.e., the fee that would be paid if this portion of the project fell within the HCP/NCCP Service Area), plus a “contribution to recovery fee” to ensure there is funding for an endowment and management in perpetuity for the mitigation. In addition, a nominal processing fee will be provided to the Habitat Conservancy for implementation of conservation goals beyond those required by the HCP/NCCP in accordance with Sections 8.6.2 and 9.3.2 of the HCP/NCCP. Mitigation achieved with this supplemental funding will consist of additional land acquisition and preservation; habitat enhancement, restoration, and creation; and species-specific management actions. With payment of these supplemental mitigation funds, the Public Works Department will transfer the mitigation obligation to the Conservancy. The Conservancy will track the supplemental mitigation funds At Contract Award CCCPWD Environmental Services Division CCCDCD (Habitat Conservancy) November 6, 2018 BOS Minutes 340 APPENDIX A: MITIGATION AND MONITORING REPORTING PROGRAM (MMRP) Kirker Pass Road Northbound Truck Climbing Lane Project Initial Study/Mitigated Negative Declaration Contra Costa County Public Works Department August 2016 Project No.: 0662-6R4052 County CEQA No.: (CP# 15-04) Page 3 of 14 MEASURE # MITIGATION MEASURE IMPLEMENTATION TIMING IMPLEMENTATION RESPONSIBILITY VERIFICATION RESPONSIBILITY separately from covered projects; however, the conservation performed by the funds would be subsumed into the Preserve System and the lands managed in perpetuity consistent with the HCP/NCCP and appropriate Regional Preserve Management Plan. HAZ-1 MITIGATION MEASURE HAZ-1: MATERIALS HANDLING/STORAGE/TRANSPORT MEASURES 1. Soil exhibiting elevated lead levels will be handled as defined by a Final Lead Management Plan prepared by a qualified hazardous waste specialist for the Project. The plan will identify specific measures for on and/or off-site handling, storage, transport, and disposal. The Plan will include a Worker Safety component utilizing Best Management Practices (BMPs) to minimize worker exposure. The Worker Safety Plan will include protocols for environmental monitoring, personnel monitoring including personal protective equipment, and other appropriate health and safety protocols and procedures for the handling of lead -impacted soil. Additional measures could include contractor and subcontractor employee education regarding identification, storage, and disposal of hazardous wastes; ongoing hazardous waste training incorporated into regular safety meetings; and repair or replacement of perimeter controls, containment structures, covers, and liners as needed. 2. Further testing of stockpiled soil will be conducted during construction to verify lead levels. 3. Stockpiled soil that has verified lead levels that do not exceed California Class I Hazardous Waste and/or RCRA Hazardous Waste thresholds may be used on-site with no further restrictions. 4. Specific handling, use, and/or disposal protocols as follows: a. Soil that is disposed of as a California Hazardous Waste and/or RCRA Hazardous Waste will be transported to a Class I landfill Immediately prior to and during construction CCCPWD Construction Division CCCPWD Environmental Services Division November 6, 2018 BOS Minutes 341 APPENDIX A: MITIGATION AND MONITORING REPORTING PROGRAM (MMRP) Kirker Pass Road Northbound Truck Climbing Lane Project Initial Study/Mitigated Negative Declaration Contra Costa County Public Works Department August 2016 Project No.: 0662-6R4052 County CEQA No.: (CP# 15-04) Page 4 of 14 MEASURE # MITIGATION MEASURE IMPLEMENTATION TIMING IMPLEMENTATION RESPONSIBILITY VERIFICATION RESPONSIBILITY b. Soil that is not disposed of as a California Hazardous Waste may be reused on-site (e.g., as embankment fill) in a manner to protect human health and the environment. NOI-1 MITIGATION MEASURE NOI-1: CONSTRUCTION IMPACTS 1. Equip all internal combustion engine driven equipment with intake and exhaust mufflers that are in good condition and appropriate for the equipment 2. Unnecessary idling of internal combustion engines within 100 feet of residences should be strictly prohibited 3. Locate stationary noise generating equipment as far as possible from sensitive receptors 4. Utilize ‘quiet’ air compressors and other ‘quiet’ equipment where such technology exists 5. Avoid staging of construction equipment within 200 feet of residences and locate all stationary noise-generating construction equipment as far as practical from noise sensitive receptors 6. Require all construction equipment to conform to Section 14-8.02 Noise Control, of the latest Standard Specifications 7. Provide notification to the adjacent noise-sensitive receptors including the specific construction schedule for major noise - generating construction activities During construction CCCPWD Construction Division CCCPWD Environmental Services Division November 6, 2018 BOS Minutes 342 APPENDIX A: MITIGATION AND MONITORING REPORTING PROGRAM (MMRP) Kirker Pass Road Northbound Truck Climbing Lane Project Initial Study/Mitigated Negative Declaration Contra Costa County Public Works Department August 2016 Project No.: 0662-6R4052 County CEQA No.: (CP# 15-04) Page 5 of 14 MEASURE # AVOIDANCE/MINIMIZATION MEASURE IMPLEMENTATION TIMING IMPLEMENTATION RESPONSIBILITY VERIFICATION RESPONSIBILITY BIO-1 AVOIDANCE MEASURE BIO-1 – GOLDEN EAGLE Prior to ground disturbance, a qualified biologist will conduct a preconstruction survey to establish whether golden eagle nests within 0.5 mile of the proposed project site are occupied. The survey will be conducted no more than one month in advance of construction. Occupancy of nests will be determined by observations from the project site and public roads or by observations of golden eagle activity (e.g., foraging) near the project site. Covered activities will be prohibited within 0.5 mile of active nests. Nests can be built and active at almost any time of the year, although mating and egg incubation occurs late January through August, with peak activity in March through July. If site-specific conditions or the nature of the covered activity (e.g., steep topography, dense vegetation, limited activities) indicate that a smaller buffer could be appropriate or that a larger buffer should be implemented, the Implementing Entity will coordinate with CDFW/USFWS to determine the appropriate buffer size. During construction, biological monitoring will focus on ensuring that no covered activities occur within the buffer zone established around an active nest. Prior to and during construction CCCPWD Environmental Services CCCPWD Environmental Services BIO-2 AVOIDANCE MEASURE BIO-2 – BURROWING OWL Prior to any ground disturbance related to covered activities, a USFWS/CDFW approved biologist will conduct a preconstruction survey in areas identified in the planning surveys as having potential burrowing owl habitat. The surveys will establish the presence or absence of burrowing owl and/or habitat features and evaluate use by owls in accordance with CDFW survey guidelines (CDFG 1995). On the parcel where the activity is proposed, the biologist will survey the proposed disturbance footprint and a 500-foot radius from the perimeter of the proposed footprint to identify burrows and owls. Adjacent parcels under different land ownership will not be surveyed. Surveys should take place near sunrise or sunset in accordance with CDFW guidelines. All burrows or burrowing owls will be identified and mapped. Surveys will take place no more than 30 days prior to construction. During the breeding season (February 1– August 31), surveys will document Prior to and during construction CCCPWD Environmental Services CCCPWD Environmental Services November 6, 2018 BOS Minutes 343 APPENDIX A: MITIGATION AND MONITORING REPORTING PROGRAM (MMRP) Kirker Pass Road Northbound Truck Climbing Lane Project Initial Study/Mitigated Negative Declaration Contra Costa County Public Works Department August 2016 Project No.: 0662-6R4052 County CEQA No.: (CP# 15-04) Page 6 of 14 MEASURE # AVOIDANCE/MINIMIZATION MEASURE IMPLEMENTATION TIMING IMPLEMENTATION RESPONSIBILITY VERIFICATION RESPONSIBILITY whether burrowing owls are nesting in or directly adjacent to disturbance areas. During the nonbreeding season (September 1– January 31), surveys will document whether burrowing owls are using habitat in or directly adjacent to any disturbance area . Survey results will be valid only for the season (breeding or nonbreeding) during which the survey is conducted. If burrowing owls are found during the breeding season (February 1–August 31), the project proponent will avoid all nest sites that could be disturbed by project construction during the remainder of the breeding season or while the nest is occupied by adults or young. Avoidance will include establishment of a non-disturbance buffer zone. Construction may occur during the breeding season if a qualified biologist monitors the nest and determines that the birds have not begun egg-laying and incubation or that the juveniles from the occupied burrows have fledged. During the nonbreeding season (September 1– January 31), the project proponent should avoid the owls and the burrows they are using, if possible. Avoidance will include the establishment of a buffer zone. If occupied burrows for burrowing owls are not avoided, passive relocation will be implemented. Owls should be excluded from burrows in the immediate impact zone and within a 160-foot buffer zone by installing one-way doors in burrow entrances. These doors should be in place for 48 hours prior to excavation. The project area should be monitored daily for 1 week to confirm that the owl has abandoned the burrow. Whenever possible, burrows should be excavated using hand tools and refilled to prevent reoccupation (CDFG 1995). Plastic tubing or a similar structure should be inserted in the tunnels during excavation to maintain an escape route for any owls inside the burrow. The applicant may conduct burrow management (i.e., regular surveys to find and proactively collapse unoccupied yet suitable burrows) in advance of and during construction to lower the likelihood of owls occupying burrows within the project area. BIO-3 AVOIDANCE MEASURE BIO-3: WHITE-TAILED KITE To the extent feasible, vegetation removal activities will not occur during the breeding season of February 15 through August 31. If vegetation removal must occur during the breeding season, all sites November 6, 2018 BOS Minutes 344 APPENDIX A: MITIGATION AND MONITORING REPORTING PROGRAM (MMRP) Kirker Pass Road Northbound Truck Climbing Lane Project Initial Study/Mitigated Negative Declaration Contra Costa County Public Works Department August 2016 Project No.: 0662-6R4052 County CEQA No.: (CP# 15-04) Page 7 of 14 MEASURE # AVOIDANCE/MINIMIZATION MEASURE IMPLEMENTATION TIMING IMPLEMENTATION RESPONSIBILITY VERIFICATION RESPONSIBILITY will be surveyed by a qualified biologist to verify the presence or absence of nesting birds. Preconstruction surveys will be conducted no more than two weeks prior to the start of work from February 15 through August 31. If the survey indicates the potential presence of nesting birds, a buffer will be placed around the nest in which no work will be allowed until the young have successfully fledged or the nest has failed. The size of the nest buffer will be determined by a qualified biologist in consultation with the CDFW In general, buffer sizes of 250 feet for raptors and 50 feet for passerines should prevent disturbance to birds nesting in a moderately urban environment, but these buffers may be increased or decreased, as appropriate, depending on the bird species, the level of disturbance anticipated near the nest and other factors such as topography and vegetation shielding. Prior to and during construction CCCPWD Environmental Services CCCPWD Environmental Services BIO-4 AVOIDANCE MEASURE BIO-4: TOWNSEND’S BIG-EARED BAT A preconstruction survey is required to determine whether Project area trees are occupied or whether they show signs of recent previous occupation. If the species is observed or if evidence of recent occupation is established, construction activities must be scheduled to minimize impacts on Townsend’s big-eared bat. The establishment of maternity or hibernation roosts is highly unlikely due to a lack of appropriate habitat, however, if such sites are discovered they will be sealed in accordance with HCP/N CCP requirements as follows: hibernation site with evidence of prior occupation will be sealed before the hibernation season (November to March), and nursery sites will be sealed before the nursery season (April to August). If the site is occupied, then the action will occur either prior to or after the hibernation season and after August 15 for nursery colonies. Prior to and during construction CCCPWD Environmental Services CCCPWD Environmental Services BIO-5 AVOIDANCE MEASURE BIO-5: PALLID BAT All potential roost trees within the BSA will be surveyed for the presence of bat roosts by a qualified biologist no more than two weeks prior to the initiation of tree removal or ground disturbing November 6, 2018 BOS Minutes 345 APPENDIX A: MITIGATION AND MONITORING REPORTING PROGRAM (MMRP) Kirker Pass Road Northbound Truck Climbing Lane Project Initial Study/Mitigated Negative Declaration Contra Costa County Public Works Department August 2016 Project No.: 0662-6R4052 County CEQA No.: (CP# 15-04) Page 8 of 14 MEASURE # AVOIDANCE/MINIMIZATION MEASURE IMPLEMENTATION TIMING IMPLEMENTATION RESPONSIBILITY VERIFICATION RESPONSIBILITY activities. If no roosting sites are present, the trees will be removed within two weeks following the survey. If roosting habitat is present and occupied, then a qualified biologist will determine the species of bats present. If it is determined that the bats are not a special-statues species and the roost is not being used as a maternity roost, then the bats may be evicted using methods developed by a biologist experienced in developing bat mitigation and exclusion plans. If the bats are found to be pallid bats of the roost is being used as a maternity roost by any bat species, then a biologist experience in bat mitigation and exclusion plans must prepare an eviction plan detailing the methods of excluding bats and the method to secure the roost site to prevent its reuse prior to removal. Removal of the roost may only occur after the eviction plan has been approved by CDFW. Tree removal surrounding roost trees will be conducted without damaging roost trees. All trees will be cut and left on the ground overnight prior to onsite chipping or removal of trees to allow bats to escape from the downed trees. No diesel or gas-powered equipment will be stored or operated directly beneath a roost site and all construction activity in the vicinity of an active roost will be limited to daylight hours. Prior to and during construction CCCPWD Environmental Services CCCPWD Environmental Services BIO-6 AVOIDANCE MEASURE BIO-6: SAN JOAQUIN KIT FOX Prior to any ground disturbance related to covered activities, a USFWS/CDFW– approved biologist will conduct a preconstruction survey in areas identified in the planning surveys as supporting suitable breeding or denning habitat for San Joaquin kit fox. The surveys will establish the presence or absence of San Joaquin kit foxes and/or suitable dens and evaluate use by kit foxes in accordance with USFWS survey guidelines (U.S. Fish and Wildlife Service 1999). Preconstruction surveys will be conducted within 30 days of ground disturbance. On the parcel where the activity is proposed, the biologist will survey the proposed disturbance footprint and a 250-foot radius from the perimeter of the proposed footprint to identify San Joaquin kit foxes and/or suitable dens. Adjacent parcels under different land ownership will not be surveyed. The status of all dens will be determined and mapped. Written results of preconstruction surveys will be submitted to Prior to and during construction CCCPWD Environmental Services CCCPWD Environmental Services November 6, 2018 BOS Minutes 346 APPENDIX A: MITIGATION AND MONITORING REPORTING PROGRAM (MMRP) Kirker Pass Road Northbound Truck Climbing Lane Project Initial Study/Mitigated Negative Declaration Contra Costa County Public Works Department August 2016 Project No.: 0662-6R4052 County CEQA No.: (CP# 15-04) Page 9 of 14 MEASURE # AVOIDANCE/MINIMIZATION MEASURE IMPLEMENTATION TIMING IMPLEMENTATION RESPONSIBILITY VERIFICATION RESPONSIBILITY USFWS within 5 working days after survey completion and before the start of ground disturbance. Concurrence is not required prior to initiation of covered activities. If San Joaquin kit foxes and/or suitable dens are identified in the survey area, the measures described below will be implemented. If a San Joaquin kit fox den is discovered in the proposed development footprint, the den will be monitored for 3 days by a USFWS/CDFW-approved biologist using a tracking medium or an infrared beam camera to determine if the den is currently being used. Unoccupied dens should be destroyed immediately to prevent subsequent use. If a natal or pupping den is found, USFWS and CDFW will be notified immediately. The den will not be destroyed until the pups and adults have vacated and then only after further consultation with USFWS and CDFW. If kit fox activity is observed at the den during the initial monitoring period, the den will be monitored for an additional 5 consecutive days from the time of the first observation to allow any resident animals to move to another den while den use is actively discouraged. For dens other than natal or pupping dens, use of the den can be discouraged by partially plugging the entrance with soil such that any resident animal can easily escape. Once the den is determined to be unoccupied it may be excavated under the direction of the biologist Alternatively, if the animal is still present after 5 or more consecutive days of plugging and monitoring, the den may have to be excavated when, in the judgment of a biologist, it is temporarily vacant (i.e., during the animal’s normal foraging activities). If dens are identified in the survey area outside the proposed disturbance footprint, exclusion zones around each den entrance or cluster of entrances will be demarcated. The configuration of exclusion zones should be circular, with a radius measured outward from the den entrance(s). No covered activities will occur within the exclusion zones. Exclusion zone radii for potential dens will be at least 50 feet and will be demarcated with four to five flagged stakes. Exclusion zone radii for known dens will be at least 100 feet and will be demarcated with staking and flagging that encircles each den or cluster of dens but does not prevent access to the den by kit fox. November 6, 2018 BOS Minutes 347 APPENDIX A: MITIGATION AND MONITORING REPORTING PROGRAM (MMRP) Kirker Pass Road Northbound Truck Climbing Lane Project Initial Study/Mitigated Negative Declaration Contra Costa County Public Works Department August 2016 Project No.: 0662-6R4052 County CEQA No.: (CP# 15-04) Page 10 of 14 MEASURE # AVOIDANCE/MINIMIZATION MEASURE IMPLEMENTATION TIMING IMPLEMENTATION RESPONSIBILITY VERIFICATION RESPONSIBILITY BIO-7 AVOIDANCE MEASURE BIO-7: NESTING BIRDS AND RAPTORS Additional passerine and raptor bird species also have the potential to breed and forage within the project vicinity due to the presence of riparian and oak woodlands, native grassland, and seasonal wetlands in the project area or vicinity. Most passerine and raptor species are protected by the Migratory Bird Treaty Act (MBTA) and Fish and Game Code. Construction of the project will require removal of trees and shrubs along Kirker Pass Road. The general avian nesting season is February 1 – August 31. Therefore, the project may directly or indirectly impact listed and/or MBTA-protected nesting birds and/or raptors if present. The project is not anticipated to impact these species with implementation of the following avoidance measures: 1. If tree removal, pruning, or grubbing activities are necessary, such activities will be conducted between October and February – outside of the breeding season – and preferably during the fall, prior to the onset of the rainy season, to avoid impacts to ne sting migratory birds. 2. If project construction begins during the breeding season (February 1 to August 31), preconstruction surveys will be conducted within the project footprint and a 250-foot buffer for raptors and a 50-foot buffer for all other nesting birds, by a qualified biologist no more than two weeks prior to staging, pruning/grubbing or surface-disturbing activities. If no active nests are found within the project footprint and a 250-foot buffer, no further measures need to be implemented. 3. If active nests (i.e. nests in the egg laying, incubating, nestling or fledgling stages) are found within 250 feet of the project footprint, non-disturbance buffers will be established at a distance sufficient to minimize disturbance based on the nest location, topography, cover, the nesting pair’s tolerance to disturbance and the type/duration of potential disturbance. Sufficient buffers are generally 250 feet for raptors and 50 feet for other nesting birds. No work will occur within the non - disturbance buffers until the young have fledged, as determined Prior to and during construction CCCPWD Environmental Services CCCPWD Environmental Services November 6, 2018 BOS Minutes 348 APPENDIX A: MITIGATION AND MONITORING REPORTING PROGRAM (MMRP) Kirker Pass Road Northbound Truck Climbing Lane Project Initial Study/Mitigated Negative Declaration Contra Costa County Public Works Department August 2016 Project No.: 0662-6R4052 County CEQA No.: (CP# 15-04) Page 11 of 14 MEASURE # AVOIDANCE/MINIMIZATION MEASURE IMPLEMENTATION TIMING IMPLEMENTATION RESPONSIBILITY VERIFICATION RESPONSIBILITY by a qualified biologist. Buffer size will be determined in cooperation with the California Department of Fish and Wildlife and the U.S. Fish and Wildlife Service Migratory Bird Permit Office. If buffers are established and it is deter mined that project activities are resulting in nest disturbance, work will cease immediately and the California Department of Fish and Wildlife and the U.S. Fish and Wildlife Service Migratory Bird Permit Office should be contacted for further guidance. BIO-8 AVOIDANCE MEASURE BIO-8: GENERAL AVOIDANCE AND MINIMIZATION The project has been designed to be consistent with the HCP/NCCP Conservation Measure 1.14 Design Requirements for Covered Road Outside the Urban Development Area. In compliance with that measure, the following additional avoidance measures will be implemented for protection of the biological resources within the Project area and vicinity:  Equipment storage, fueling, and staging areas will be sited on disturbed areas or on ruderal or non-sensitive, non-native grassland land cover types, when these sites are available to minimize risk of direct discharge into sensitive land cover types  No erodible materials will be deposited into watercourses. Brush, loose soils, or other debris will not be stockpiled within stream channels or on adjacent banks  All no-take species will be avoided  Construction activities will comply with the MBTA and will consider seasonal requirements for birds and migratory non - resident species, including HCP/NCCP covered species  Temporary stream diversions, if required, will use sand bags or other approved methods that minimize in-stream impacts and effects on wildlife  Silt fencing or other sediment trapping methods will be installed down-gradient from construction activities to minimize the transport of sediment off site  Barriers will be constructed to keep wildlife out of construction sites, as appropriate During construction CCCPWD Construction Division CCCPWD Environmental Services Division CCCPWD Environmental Services Division November 6, 2018 BOS Minutes 349 APPENDIX A: MITIGATION AND MONITORING REPORTING PROGRAM (MMRP) Kirker Pass Road Northbound Truck Climbing Lane Project Initial Study/Mitigated Negative Declaration Contra Costa County Public Works Department August 2016 Project No.: 0662-6R4052 County CEQA No.: (CP# 15-04) Page 12 of 14 MEASURE # AVOIDANCE/MINIMIZATION MEASURE IMPLEMENTATION TIMING IMPLEMENTATION RESPONSIBILITY VERIFICATION RESPONSIBILITY  On-site monitoring will be conducted throughout the construction period to ensure that disturbance limits, BMPs and HCP/NCCP restrictions are being implemented properly  Active construction areas will be watered regularly to minimize the impact of dust on adjacent vegetation and wildlife habitats, if warranted  Vegetation and other debris will be managed in and near culverts and under and near bridges to ensure that entryways remain open and visible to wildlife and the passage through the culvert or under the bridge remains clear.  Cut and fills lopes will be revegetated with native, non -invasive non-native, or non-reproductive (i.e., sterile hybrids) plants suitable for the altered soil conditions. BIO-9 AVOIDANCE MEASURE BIO-9: RIPARIAN HABITAT  Provision C.3 of the Contra Costa County Clean Water Program’s NPDES permit will be followed to minimize the effects of urban development on downstream hydrology, streams, and wetlands  All wetlands, ponds, streams, and riparian woodland/scrub to be avoided will be temporarily staked in the field by a qualified biologist  Personnel conducting ground-disturbing activities within or adjacent to the buffer zone of wetlands, ponds, streams, or riparian woodland/scrub will be trained by a qualified biologist in these avoidance and minimization measures and the permit obligations  Vehicles and equipment will be parked on pavement, existing roads, and previously disturbed areas  Trash will be promptly and properly removed from the site  No construction or maintenance vehicles will be refueled within 200 feet of wetlands, ponds, streams, or riparian woodland/scrub unless a bermed and lined refueling area is constructed and hazardous material absorbent pads are available in the event of a spill  Appropriate erosion control measures will be used on-site to reduce siltation and runoff of contaminants into the wetlands, ponds, streams, or riparian woodland/scrub. Filter fences and mesh will Prior to and during construction CCCPWD Construction Division CCCPWD Environmental Services Division CCCPWD Environmental Services Division November 6, 2018 BOS Minutes 350 APPENDIX A: MITIGATION AND MONITORING REPORTING PROGRAM (MMRP) Kirker Pass Road Northbound Truck Climbing Lane Project Initial Study/Mitigated Negative Declaration Contra Costa County Public Works Department August 2016 Project No.: 0662-6R4052 County CEQA No.: (CP# 15-04) Page 13 of 14 MEASURE # AVOIDANCE/MINIMIZATION MEASURE IMPLEMENTATION TIMING IMPLEMENTATION RESPONSIBILITY VERIFICATION RESPONSIBILITY be of material that will not entrap reptiles and amphibians. Erosion control blankets will be used as a last resort because of their tendency to biodegrade slowly and to trap reptiles and amphibians. Erosion control measures will be placed between the outer edge of the buffer and the project site.  Fiber rolls used for erosion control will be certified as free of noxious weed seed  Seed mixtures applied for erosion control will not contain invasive non-native species and will be composed of native species or sterile non-native species CUL-1 AVOIDANCE MEASURE CUL-1: UNANTICIPATED SUBSURFACE CULTURAL RESOURCES 1. Contractor will be notified of the possibility of encountering archaeological materials during Ground-disturbing activities and will be educated on the types of historic and pre-historic Native American period archaeological materials that may be encountered. 2. If an inadvertent discovery is made, the Contractor will cease all ground-disturbing activities in the area of the discovery. 3. The Contractor will immediately notify the CCCPWD Resident Engineer who will then request a qualified archaeologist to evaluate the finding(s). 4. If the finding(s) is determined to be potentially significant, the archaeologist in consultation with the appropriate Native American tribal representative or historical society will develop a research design and treatment plan outlining management of the resource, analysis, and reporting of the find. Prior to and during construction CCCPWD Construction Division CCCPWD Environmental Services Division CUL-2 AVOIDANCE MEASURE CUL-2: UNANTICIPATED NATIVE AMERICAN BURIALS Project specifications will require that the contractor shall stop work in the area of any discovery and immediately notify CCCPWD Resident Engineer who will then contact the County Coroner, NAHC, and a qualified archeologist to determine how to appropriately deal with the remains in coordination with the Most Likely Descendent and in accordance with the California Health and Safety Code (Health and Safety Code Section 7050.5[b]). Prior to and during construction CCCPWD Construction Division CCCPWD Environmental Services Division November 6, 2018 BOS Minutes 351 APPENDIX A: MITIGATION AND MONITORING REPORTING PROGRAM (MMRP) Kirker Pass Road Northbound Truck Climbing Lane Project Initial Study/Mitigated Negative Declaration Contra Costa County Public Works Department August 2016 Project No.: 0662-6R4052 County CEQA No.: (CP# 15-04) Page 14 of 14 MEASURE # AVOIDANCE/MINIMIZATION MEASURE IMPLEMENTATION TIMING IMPLEMENTATION RESPONSIBILITY VERIFICATION RESPONSIBILITY TRA-1 AVOIDANCE MEASURE TRA-1: CONSTRUCTION TRAFFIC IMPACTS 1. No full lane closures allowed during commute hours; at off-peak hours one lane of Kirker Pass Road may be temporarily closed during active construction; reopening of lanes at the end of each working day 2. Temporary lane closures may be scheduled at times of minimal traffic volumes such as nights, weekends, and off-commute hours where low traffic volumes are expected 3. Traffic control including flaggers will be used as warranted to adjust flow as vehicle volume increases in either direction 4. Placement of construction zone speed limits 5. Advance letter notification to local emergency response services to allow them to plan for alternate routes 6. Emergency vehicle access at all times 7. Letter notification to local residents seven calendar days in advance of construction and road closure start date(s). 8. Publish press release in local newspapers seven days before construction start date. 9. Placement of portable changeable message signs at various locations in project vicinity with construction start and road closure dates and period at least seven calendar days in advance of start dates. 10. Provide accessibility to driveways to properties outside the project area throughout the project. Prior to and during construction CCCPWD Construction Division CCCPWD Environmental Services Division November 6, 2018 BOS Minutes 352 INITIAL STUDY/MITIGATED NEGATIVE DECLARATION CONTRA COSTA COUNTY PUBLIC WORKS DEPARTMENT KIRKER PASS NORTHBOUND TRUCK CLIMBING LANE PROJECT (SCH# 2016082079) COUNTY PUBLIC WORKS DEPARTMENT #0662-6R4052; COUNTY CEQA FILE #: CP 15-04 APPENDIX B Response to Comments on the Initial Study/Mitigated Negative Declaration for the Kirker Pass Northbound Truck Climbing Lane Project November 6, 2018 BOS Minutes 353 INITIAL STUDY/MITIGATED NEGATIVE DECLARATION CONTRA COSTA COUNTY PUBLIC WORKS DEPARTMENT KIRKER PASS NORTHBOUND TRUCK CLIMBING LANE PROJECT (SCH# 2016082079) COUNTY PUBLIC WORKS DEPARTMENT #0662-6R4052; COUNTY CEQA FILE #: CP 15-04 LIST OF COMMENT LETTERS 1. Dario Arugay (September 2, 2016) 2. AT&T (September 7, 2016) 3. David Woodworth (September 13, 2016) 4. Contra Costa Health Services (September 14, 2016) 5. East Bay Regional Park District (September 29, 2016) 6. Governor’s Office of Planning and Research (State Clearinghouse) (September 30, 2016) November 6, 2018 BOS Minutes 354 INITIAL STUDY/MITIGATED NEGATIVE DECLARATION CONTRA COSTA COUNTY PUBLIC WORKS DEPARTMENT KIRKER PASS NORTHBOUND TRUCK CLIMBING LANE PROJECT (SCH# 2016082079) COUNTY PUBLIC WORKS DEPARTMENT #0662-6R4052; COUNTY CEQA FILE #: CP 15-04 COMMENT LETTER #1. DARIO ARUGAY (September 7, 2016) Comment 1-1: Mr. Arugay notes there is an existing storm drain inlet at the intersection of Kirker and Clearbrook Drive, where the concrete median barrier ends. During the rains, this drain inlet does not function to catch any runoff from the hill because the inlet is above the existing grade, i.e., runoff is not going into the inlet. The runoff from the hill stops at the end of the concrete median barrier, and eventually flows toward the northbound (NB) lanes toward the pavilion and the left turn pocket to Clearbrook Drive, thus, creating skid or less traction to the car tires as residents enter the Canyon Creek Community (CCC). This is a safety issue. The current superelevation of southbound Kirker Pass is leaning toward the east side of the roadway to the Concord Pavilion. Mr. Arugay requests that the existing storm drain inlet be reconstructed below the existing grade as it will ensure that all runoff gets into the inlet and no spillage to the northbound lanes. Mr. Arugay further requests adding more drain inlets to be tied to the drain inlet from the hill down to the intersection's existing storm drain inlet. Response: The Kirker Pass Road/Clearbrook Drive intersection is outside the limits of the proposed improvements for the project and within the City of Concord. Ms. Nancy Wein of the Contra Costa County Public Works Department, Transportation Engineering Division has notified the City of your concern for drainage in this intersection. The City of Concord’s Infrastructure Manager, Jeff Rogers, can be reached at (925) 671 -3108 or jeff.rogers@cityofconcord.org. Comment 1-2: Mr. Arugay inquires as to where is the potential equipment staging area. Response: The construction staging area is not specified by the construction plans and will be up to the contractor to establish; however, the contractor will be limited to staging on previously disturbed areas that are not environmentally sensitive. Comment 1-3: Mr. Arugay inquires if there is a provision for a crosswalk at the intersection of Kirker Pass and Clearbrook Drive, i.e., from the Canyon Creek community to the Concord Pavilion, and requests to have one installed. Response: The Kirker Pass Road/Clearbrook Drive intersection is outside the limits of the proposed improvements for the project and within the City of Concord. The best person at the City with whom to discuss an appropriate pedestrian pathway would be the Transportation Manager II, Abul Hossain, who can be contacted at (925) 671-3181 or abul.hossain@CityofConcord.org. November 6, 2018 BOS Minutes 355 INITIAL STUDY/MITIGATED NEGATIVE DECLARATION CONTRA COSTA COUNTY PUBLIC WORKS DEPARTMENT KIRKER PASS NORTHBOUND TRUCK CLIMBING LANE PROJECT (SCH# 2016082079) COUNTY PUBLIC WORKS DEPARTMENT #0662-6R4052; COUNTY CEQA FILE #: CP 15-04 Comment 1-4: Mr. Arugay inquires if he may be informed of where the start of the northbound truck acceleration lane starts. Response: The northbound truck climbing lane will begin just north of the northernmost driveway for the Concord Pavilion, approximately 800 feet north of the Clearbrook Drive intersection. Comment 1-5: Mr. Arugay inquires if there are scuppers in the concrete median barrier for passage of animals and if not, requests they be provided. Response: The project consists of the construction of a truck climbing lane on a heavily-traveled roadway with an existing median barrier. There are currently no scuppers in the median. Because the project does not involve any adjustments to the median barrier, we will not be modifying the barrier to include scuppers or openings for wildlife. November 6, 2018 BOS Minutes 356 November 6, 2018 BOS Minutes 357 November 6, 2018 BOS Minutes 358 November 6, 2018 BOS Minutes 359 November 6, 2018 BOS Minutes 360 November 6, 2018 BOS Minutes 361 INITIAL STUDY/MITIGATED NEGATIVE DECLARATION CONTRA COSTA COUNTY PUBLIC WORKS DEPARTMENT KIRKER PASS NORTHBOUND TRUCK CLIMBING LANE PROJECT (SCH# 2016082079) COUNTY PUBLIC WORKS DEPARTMENT #0662-6R4052; COUNTY CEQA FILE #: CP 15-04 COMMENT LETTER #2. AT&T (September 7, 2016) Comment 2-1: AT&T notes that they received the Public Notice for the Kirker Pass Road widening project and unfortunately, were not able to attend the open house scheduled on Monday, September 19 at 6 p.m. as it is outside of their normal hours of operation but provided contact information. Response: Comment noted. The project team has been provided with the contact information. No further response is necessary. November 6, 2018 BOS Minutes 362 November 6, 2018 BOS Minutes 363 INITIAL STUDY/MITIGATED NEGATIVE DECLARATION CONTRA COSTA COUNTY PUBLIC WORKS DEPARTMENT KIRKER PASS NORTHBOUND TRUCK CLIMBING LANE PROJECT (SCH# 2016082079) COUNTY PUBLIC WORKS DEPARTMENT #0662-6R4052; COUNTY CEQA FILE #: CP 15-04 COMMENT LETTER #3. DAVID WOODWORTH (September 13, 2016) Comment 3-1: Mr. Woodworth, a Concord resident living in the Canyon Creek neighborhood adjacent to the Concord Pavilion, comments that he is strongly against the construction of any more traffic lanes on Kirker Pass Road in either direction. Mr. Woodworth notes that Kirker Pass Road is already congested with traffic from commuters of neighboring cities using Kirker Pass Road as an alternative to State Route 4 and the addition of lanes will only entice more people to cut through the City of Concord causing more congestion. Mr. Woodworth further notes that the traffic noise from Kirker Pass Road is already loud, and with more traffic and more construction the noise would only increase. Mr. Woodworth notes that he frequently uses the northbound direction of Kirker Pass Road to access Pittsburg and Antioch and does not believe the truck traffic is an issue that requires a new traffic lane, and that he rarely sees any congestion caused by the slow moving trucks as there are ample opportunities to safely pass. Response: Traffic Congestion: The Kirker Pass Northbound Truck Climbing Lane Project is intended to improve safety rather than increase capacity. The project will add a northbound truck climbing lane to improve safety related to slow-moving trucks. With approximately 18,000 vehicles per day traveling along Kirker Pass Road and steep grades of approximately 10%, truck traffic contributes to congestion along the roadway. The proposed truck climbing lane is less than one mile in length and will remove trucks from the travel lanes in order to reduce conflicts between slow moving trucks and high speed passenger cars. Traffic Noise: As discussed in Section XII. Noise of the IS/MND, noise modeling was conducted by Illingworth & Rodkin (December 2015) for operational impacts as well as project construction impacts. According to the results of the noise modeling, the project’s operational noise is expected to be the same under a future build and future no-build scenario (under both scenarios operational noise levels were estimated to increase by 2 to 3 dBA Leq[h]). In other words, once completed, the project will not increase ambient noise levels above what is expected to exist in the future without this project. Further, an increase in noise of 3 dBA is just discernable to the human ear; therefore, this increase in noise, regardless of the project, is not expected to be a significant impact. Since no operational traffic noise impacts are anticipated, no noise abatement measures are proposed. Project construction would generate average noise levels that would exceed ambient daytime noise levels by about 10 dBA Leq[h] for most construction phases (demolition, earthwork, paving). Roadway construction activities typically occur for relatively short periods of time as construction proceeds along the project’s alignment. Construction noise is expected to be of primary concern where noise levels from individual pieces of November 6, 2018 BOS Minutes 364 INITIAL STUDY/MITIGATED NEGATIVE DECLARATION CONTRA COSTA COUNTY PUBLIC WORKS DEPARTMENT KIRKER PASS NORTHBOUND TRUCK CLIMBING LANE PROJECT (SCH# 2016082079) COUNTY PUBLIC WORKS DEPARTMENT #0662-6R4052; COUNTY CEQA FILE #: CP 15-04 equipment are substantially higher than ambient conditions, or when construction activities would occur during noise-sensitive early morning, evening, or nighttime hours. Construction of the project is primarily anticipated to occur during daytime hours; however, there may be times when nighttime work is required. To reduce the potential for noise impacts resulting from project construction, the following noise reduction measures were provided in the IS/MND as follows: 1. Equip all internal combustion engine driven equipment with intake and exhaust mufflers that are in good condition and appropriate for the equipment. 2. Unnecessary idling of internal combustion engines within 100 feet of residences should be strictly prohibited. 3. Locate stationary noise generating equipment as far as possible from sensitive receptors. 4. Utilize ‘quiet’ air compressors and other ‘quiet’ equipment where such technology exists. 5. Avoid staging of construction equipment within 200 feet of residences and locate all stationary noise-generating construction equipment as far as practical from noise sensitive receptors. 6. Require all construction equipment to conform to Section 14-8.02 Noise Control, of the latest Standard Specifications. 7. Provide notification to the adjacent noise-sensitive receptors including the specific construction schedule for major noise-generating construction activities. In addition, the construction contractor will be required to obtain an encroachment permit from the City of Concord Permit Center. That permit will address proposed construction hours. Further, the project’s Resident Engineer will be available to answer questions from the public about issues such as construction noise. Comment 3-2: Mr. Woodworth notes that the money required for this project would be much better spent repairing the crumbling roads throughout the City of Concord as all the main streets are plagued with large cracks, potholes, and bumps. Response: A portion of the project is within the City of Concord, with the remaining length occurring within the unincorporated area. The project is County-sponsored and the City of Concord is a project partner. The current funding sources for the project include state and federal grants as well as local funding provided by the County. The City of Concord is not contributing any funds that could be used for routine road maintenance within the city limits. November 6, 2018 BOS Minutes 365 November 6, 2018 BOS Minutes 366 INITIAL STUDY/MITIGATED NEGATIVE DECLARATION CONTRA COSTA COUNTY PUBLIC WORKS DEPARTMENT KIRKER PASS NORTHBOUND TRUCK CLIMBING LANE PROJECT (SCH# 2016082079) COUNTY PUBLIC WORKS DEPARTMENT #0662-6R4052; COUNTY CEQA FILE #: CP 15-04 COMMENT LETTER #4. CONTRA COSTA HEALTH SERVICES (September 14, 2016) Comment 4-1: Contra Costa Health Services notes that permits will be required for well or soil boring activities prior to commencing drilling activities and abandoned wells and septic tanks must be destroyed under permit. Response: Comments have been noted and forwarded to the project design team. No further response is necessary. November 6, 2018 BOS Minutes 367 November 6, 2018 BOS Minutes 368 INITIAL STUDY/MITIGATED NEGATIVE DECLARATION CONTRA COSTA COUNTY PUBLIC WORKS DEPARTMENT KIRKER PASS NORTHBOUND TRUCK CLIMBING LANE PROJECT (SCH# 2016082079) COUNTY PUBLIC WORKS DEPARTMENT #0662-6R4052; COUNTY CEQA FILE #: CP 15-04 COMMENT LETTER #5. EAST BAY REGIONAL PARK DISTRICT (September 29, 2016) Comment 5-1: The East Bay Regional Park District (District) notes that the IS/MND lacks any conceptual project plans or exhibits demonstrating area of impact. Lacking an understanding of the project’s footprint, the District was unable to assess what level of impact the project may have on District lands and what, if any, impact the project may have on ongoing restoration projects along the Kirker Pass corridor. Response: Comment noted. The IS/MND that was posted on the Contra Costa County Public Works Department and Department of Conservation and Development websites was missing Figure 3 which showed the project footprint. Figure 3 and an additional project footprint overview (“Overall Exhibit”) were provided to the District via email on September 29, 2016. Subsequent correspondence from the District indicates that the information provided has adequately addressed their concern (B. Holt, October 3, 2016). Figure 3 is included in this CEQA record for the final IS/MND. Comment 5-2: The District inquires if this project requires the use of federal funding and if so, the District requests review of the projects 4(f) analysis. Response: The project requires use of federal funding. However, as shown in the “Overall Exhibit” the project will not impact either of the District’s properties that adjoin Kirker Pass Road as no proposed right-of-way takes or easements are proposed. Again, subsequent correspondence from the District indicates that the information provided to the District adequately addresses their concern. November 6, 2018 BOS Minutes 369 November 6, 2018 BOS Minutes 370 INITIAL STUDY/MITIGATED NEGATIVE DECLARATION CONTRA COSTA COUNTY PUBLIC WORKS DEPARTMENT KIRKER PASS NORTHBOUND TRUCK CLIMBING LANE PROJECT (SCH# 2016082079) COUNTY PUBLIC WORKS DEPARTMENT #0662-6R4052; COUNTY CEQA FILE #: CP 15-04 COMMENT LETTER #6. STATE CLEARINGHOUSE (September 30, 2016) Comment 6-1: The Governor’s Office of Planning and Research, State Clearinghouse and Planning Unit noted that the IS/MND was submitted to selected state agencies for review and provided the list of those agencies and comments letters received. Response: Comment noted. No further response is necessary. November 6, 2018 BOS Minutes 371 November 6, 2018 BOS Minutes 372 November 6, 2018 BOS Minutes 373 CALIFORNIA ENVIRONMENTAL QUALITY ACT NOTICE OF DETERMINATION Authority cited: Sections 21083, Public Resources Code. Reference Section 21000-21174, Public Resources Code. G:\engsvc\ENVIRO\TransEng\Kirker Pass Road Northbound Truck Lanes\CEQA\Leigh's CEQA folder\IS-MND-MMRP-NOD\NOD (FINAL)_10-4-16.doc Form updated March 2016 To: Office of Planning and Research From: Contra Costa County P.O. Box 3044, Room 113 Dept. of Conservation & Development Sacramento, CA 95812-3044 30 Muir Road Martinez, CA 94553 County Clerk County of: Contra Costa State Clearinghouse Number: 2016082079 Project Title: Kirker Pass Northbound Truck Climbing Lane Project No. 0662-6R4052, CP# 15-04 Project Applicant: Contra Costa County Public Works Department Project Location: Kirker Pass Road between Clearbrook Drive and the northern Hess Road intersection, Concord Project Description: The Contra Costa County Public Works Department proposes to provide a truck climbing lane along Kirker Pass Road between Clearbrook Drive in the City of Concord and the northernmost Hess Road intersection. Kirker Pass Road is a four-lane principal arterial and route of regional significance between Central and East Contra Costa County. The roadway connects the City of Concord on the southwest end, through the Meridian Hills, to the City of Pittsburg on the northeast end. The purpose of the project is to provide a northbound truck climbing lane and paved shoulders for future Class II bike lanes. The project is needed to improve safety for motorists and bicyclists along this stretch of road. The road is frequently used by commuters and has heavy truck traffic. With sustained grades steeper than 8 percent, trucks are unable to match the speed of other vehicles on the roadway, causing significant congestion and creating a safety hazard. Project elements will include roadway widening for the truck climbing lane, paved shoulders for future Class II bike lanes, relocation of drainage features, retaining wall construction; installation of signage and striping; construction of two bioretention areas; roadway conforms due to change in grade; and relocation of other existing roadside features. An open grade asphalt concrete overlay will be placed on the southbound and northbound lanes as part of the project within the project limits. Construction is expected to begin in 2018 and may require two construction seasons. Standard construction equipment will be used, including but not limited to: excavators, graders, scrapers, loaders, sweepers/scrubbers, plate compactors, rollers, backhoes, cranes, drill rigs, and pavers. Construction activities will generally be limited to the hours between 7:00 a.m. to 5:00 p.m. with noise-generating activities focused between 8:00 a.m. to 5:00 p.m.; however, there will be limited night work as necessary. Disturbed areas will be stabilized following construction to ensure appropriate erosion and sediment control. Real Property transactions, including right-of-way acquisition may be necessary in support of this project. The City of Concord has determined that the project complies with their General Plan. The project was approved on: 1. The project [ will will not] have a significant effect on the environment. 2. An Environmental Impact Report was prepared for this project pursuant to the provisions of CEQA. A Negative Declaration was prepared for this project pursuant to the provisions of CEQA. 3. Mitigation measures [ were were not] made a condition of the approval of the project. 4. A mitigation reporting or monitoring plan [ was was not] adopted for this project. 5. A statement of Overriding Considerations [ was was not] adopted for this project. 6. Findings [ were were not] made pursuant to the provisions of CEQA. Notice of Determination sent to Office of Planning and Research.* This is to certify that the final EIR with comments and responses and record of project approval, or the Negative Declaration, is available to the General Public at: Contra Costa County Public Works Department 255 Glacier Drive, Martinez, CA 94553 Signature (Contra Costa County): Title: Date: Date Received for filing at OPR: AFFIDAVIT OF FILING AND POSTING I declare that on ____________________________________________ I received and posted this notice as required by California Public Resources Code Section 21152(c). Said notice will remain posted for 30 days from the fi ling date. Signature Title: Applicant: Department of Fish and Game Fees Due Public Works Department EIR - $3,070.00 Total Due: $ 2,285.25 255 Glacier Drive Neg. Dec. - $2,210.25 Total Paid $ Martinez, CA 94553 DeMinimis Findings - $0 Attn: Leigh Chavez County Clerk - $50 Receipt #: Environmental Services Division Conservation & Development - $25 Phone: (925) 313-2366 *Notice of Determination may be sent by fax to (916) 323-3018, if followed up with a duplicate mailed copy. November 6, 2018 BOS Minutes 374 RECOMMENDATION(S): APPROVE and AUTHORIZE the Public Works Director, or designee, to execute Contract Amendment No. 5 to the Consulting Services Agreement (CSA) with Mark Thomas & Company, Inc., effective November 6, 2018, to increase the payment limit by $15,000 to a new payment limit of $440,000 for professional engineering services for the Marsh Creek Road Bridge (Br. No. 28C-0141) Replacement Project, Clayton area. County Project No. 0662-6R4079, Federal Project No. BRLS-5928(107) (District III) FISCAL IMPACT: This project, including the CSA, is funded by 88.53% Federal Highway Bridge Program Funds and 11.47% Local Road Funds. BACKGROUND: The consulting services consist of preparing plans, specifications, and estimates, including geological and hydraulic studies, APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/06/2018 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Kevin Emigh, 925-313-2233 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 6, 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:November 6, 2018 Contra Costa County Subject:Contract Amendment with Mark Thomas & Company, Inc., Clayton area November 6, 2018 BOS Minutes 375 BACKGROUND: (CONT'D) and providing engineering support during construction for the replacement of the Marsh Creek Road Bridge (Br. No. 28C-0141) over Marsh Creek in eastern Contra Costa County. Mark Thomas & Company, Inc. was selected to provide these services. Proposed Amendment No. 5 will amend the payment limit of the agreement in order for the consultant to continue to provide the remaining professional engineering services that are required to complete the project construction. CONSEQUENCE OF NEGATIVE ACTION: The project would be delayed and Federal funds would be in jeopardy. November 6, 2018 BOS Minutes 376 RECOMMENDATION(S): APPROVE and AUTHORIZE the Public Works Director, or designee, to execute an agreement between Contra Costa County (County) and the City of Richmond for the construction of the Contra Costa County Local Streets and Roads Preservation Project, El Sobrante area. (Project No. 0662-6R4138) FISCAL IMPACT: Federal Funding: 75% - One Bay Area Grant Program (OBAG) - Local Streets and Roads Preservation Program (LSRP), and Local funding: 25% - Gas Tax Funds. Total project cost is estimated at $5.7 million with approximately $200,000 to be reimbursed from the City of Richmond. BACKGROUND: The Local Streets and Road Preservation project is a County-sponsored project that includes pavement rehabilitation on an approximately 3.4-mile segment of San Pablo Dam Road between El Portal Drive and Tri Lane and includes pavement preservation on 7.4-miles of Vasco Road. Both roadways were designated by the Public Works Maintenance Division for pavement rehabilitation and preservation in accordance with their pavement management schedule. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/06/2018 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Larry Leong, 925.313.2026 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 6, 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:November 6, 2018 Contra Costa County Subject:Agreement between Contra Costa County and the City of Richmond for the Contra Costa County Local Streets and Roads Preservation Project November 6, 2018 BOS Minutes 377 BACKGROUND: (CONT'D) The County Public Works Department has been coordinating with the City of Richmond concerning the portion of the project on San Pablo Dam Road. The City of Richmond maintains three small sections of San Pablo Dam Road throughout the 3.4 miles of County maintained roadway. The purpose of this Agreement is to set forth the parties’ responsibilities pertaining to the project design, construction and maintenance this roadway. With this Agreement, the pavement treatment will be continuous, uniform over the entire length of roadway. San Pablo Dam Road will receive pavement rehabilitation that will structurally enhance and extend the service life of the pavement. This rehabilitation consists of a pavement repairs, pavement grind and overlay, re-establish traffic signal loops and traffic striping, re-construct curb ramps to meet Americans with Disability Act (ADA) standards, and other related work. CONSEQUENCE OF NEGATIVE ACTION: A negative action would delay this pavement project. ATTACHMENTS Agreement November 6, 2018 BOS Minutes 378 1 AGREEMENT BETWEEN CONTRA COSTA COUNTY AND THE CITY OF RICHMOND FOR THE LOCAL STREETS AND ROAD PRESERVATION PROJECT This Agreement (Agreement) is entered into as of ___________, 2018, (the “Effective Date”) by and between Contra Costa County, a political subdivision of the State of California, (“COUNTY”) and the City of Richmond, a municipal corporation (“CITY”). The COUNTY and the CITY are sometimes referred to herein together as the “Parties,” and each as a “Party.” RECITALS A. The Local Streets and Road Preservation project is a COUNTY-sponsored project that includes pavement preservation on an approximately 3.4-mile segment of San Pablo Dam Road between El Portal Drive and Tri Lane, shown in FIGURE 1 attached hereto and incorporated herein by reference (the “PROJECT”). As part of the PROJECT, the COUNTY will conduct pavement rehabilitation on San Pablo Dam Road to improve the pavement condition index of the roadway. The PROJECT consists of a pavement grind and overlay of hot mix asphalt, roadway pavement and base failure repairs, coordination with utilities to adjust their facilities to final pavement grade, re-construction of signal loops, re-construction of curb ramps to meet Americans with Disability Act (ADA) standards, traffic striping of the new pavement, and other related work. B.The PROJECT includes pavement preservation of portions of San Pablo Dam Road that are within the CITY’s jurisdiction. C.The COUNTY and the CITY have been coordinating regarding PROJECT planning, and the COUNTY and CITY desire to share PROJECT costs and responsibilities as set forth in this Agreement. AGREEMENT Now, therefore, for good and valuable consideration, the receipt of which is hereby acknowledged, the CITY and the COUNTY agree as follows: 1.PURPOSE. The purpose of this Agreement is to set forth the Parties’ obligations with respect to constructing the PROJECT. This Agreement shall only be construed to create the specific rights and obligation set forth herein. This Agreement is not intended to create, and shall not be construed as creating, any other rights and obligations not expressly set forth herein, except as may otherwise be required under law. November 6, 2018 BOS Minutes 379 2 2. TERM. The term of this Agreement begins on the Effective Date. This Agreement terminates upon the County’s delivery of a warranty release to its contractor under Section 9. 3. ENVIRONMENTAL REVIEW. The COUNTY will act as the lead agency for the PROJECT and will be responsible for completing all applicable environmental review under the California Environmental Quality Act (CEQA) and the National Environmental Policy Act (NEPA) before the COUNTY approves the PROJECT. The CITY will be a CEQA/NEPA responsible agency for the PROJECT and will complete all applicable requirements of a CEQA/NEPA responsible agency before the CITY approves the PROJECT. 4. ENGINEERING. The COUNTY will complete PROJECT preliminary engineering, environmental documentation, final design, and right of way engineering activities. The COUNTY will submit to the CITY the 35%, 65%, 95%, and final plans, specifications, and estimates (PS&Es) for review for the portion of the PROJECT located within the CITY’s jurisdiction. Within 30 days after receiving each of the 35%, 65%, 95%, and final PS&Es, the CITY will provide the COUNTY any CITY comments on those PS&Es. The COUNTY will ensure that all engineering and design work for PROJECT improvements in the CITY’s jurisdiction is performed to the satisfaction of the CITY, in accordance with CITY standards and requirements, and in accordance with all applicable State of California, Department of Transportation standard plans and specifications. 5. RIGHT OF WAY ACQUISITION. The Parties do not anticipate any right of way acquisition for this PROJECT. However, to the extent that the COUNTY determines that right of way acquisition is required to complete the PROJECT, the COUNTY will perform all PROJECT-related right of way activities, including but not limited to acquisition of right of way, slope easements, utility easement, license agreements, temporary construction easements, right of entry permits, storm drainage easements, drainage releases, and relinquishment of abutter’s rights. The COUNTY is hereby designated as the Party to acquire all property interests required for the PROJECT within the Parties’ jurisdictions, by eminent domain or otherwise, by and through the COUNTY’s Board of Supervisors, officials and departments, and designated attorneys. The COUNTY shall be responsible for conducting all public hearings to the end of adopting a resolution of necessity, and for taking all steps necessary to pursue to conclusion eminent domain proceedings as may be necessary to obtain property and property interests for or relating to the Project, and, in connection therewith, for entering into any and all contracts to obtain performance of all legal, engineering, appraisal, right-of-way, relocation assistance, and related services. November 6, 2018 BOS Minutes 380 3 6.PROJECT CONSTRUCTION. (a) Lead contracting agency. The COUNTY agrees to act as lead agency for PROJECT construction, and it will be responsible for the overall management, advertisement and award, and contract administration for construction activities within the jurisdictional boundaries of both the COUNTY and the CITY. The COUNTY’s and the CITY’s respective legislative bodies shall approve the final PROJECT improvement plans and specifications prior to the COUNTY’s award of the PROJECT construction contract. (b)Encroachment permit. When requested to do so by the COUNTY or its contractor, the CITY shall issue to the COUNTY’s contractor, at no cost to the COUNTY or its contractor, an encroachment permit for all PROJECT improvements and work within the jurisdictional boundaries of the CITY. (c)City’s designation of representative. For PROJECT features within the CITY’s jurisdiction, the CITY may elect to provide, at its sole cost and expense, a qualified representative who shall have authority to accept or reject work or materials, or to order any actions needed for public safety or the preservation of property, and to assure compliance with all provisions of the CITY’s encroachment permit. The CITY’s representative shall have no direct contact with the COUNTY’s contractor, and shall make all comments and recommendations to the COUNTY’s representative. 7.FINANCIAL RESPONSIBILITY. (a)County’s financial responsibility. Except for the CITY’s financial responsibility under this Section 7, the COUNTY will pay all PROJECT construction, design, engineering, contract administration, and other PROJECT-related costs. (b)City’s financial responsibility. The CITY will pay the COUNTY, in accordance with subsections (c) and (d), the costs that the COUNTY’s contractor charges to complete the portion of the PROJECT within the CITY’s jurisdiction, as determined by the County following consultation with the City (the “City construction costs”), plus an additional fifteen percent (15%) of those costs for PROJECT design, engineering, contract administration, coordination, and other PROJECT-related costs. This amount CITY will pay COUNTY is estimated to be $200,000. (c) Advance payment. Within 30 days after receiving written notice from the COUNTY that the COUNTY has awarded a PROJECT construction contract, the CITY will make an advance payment to the COUNTY in an amount equal to fifty percent (50%) of the CITY estimated construction costs, as estimated by the COUNTY based on the COUNTY’s engineer’s estimate (the “CITY advance payment”). November 6, 2018 BOS Minutes 381 4 (d) Final payment. Within 30 days after the PROJECT is accepted as complete by the COUNTY under Section 8, the COUNTY will provide the CITY a written demand for payment of the balance of the CITY construction costs (“CITY final payment”), calculated as follows: [(CITY construction costs) x (1.15)] – (CITY advance payment) = CITY final payment The COUNTY’s demand for payment under this subsection (d) will include documentation showing PROJECT costs and disbursements, and other information to support the COUNTY’s determination of the CITY final payment. The CITY will pay the COUNTY the CITY final payment within 30 days after receiving the COUNTY’s written demand for payment under this subsection (d). The requirements of this subsection (d) will survive the expiration or termination of this Agreement. 8. COMPLETION AND ACCEPTANCE. Within 10 days after the COUNTY notifies the CITY that PROJECT construction is complete, COUNTY and CITY representatives will conduct a joint final inspection of the PROJECT prior to acceptance of improvements as complete. If the COUNTY or the CITY is not satisfied with the PROJECT improvements, the COUNTY will notify the contractor and will require the contractor to complete the improvements to the COUNTY’s and the CITY’s satisfaction. Within sixty (60) days following the COUNTY’s acceptance of the Project as complete, the CITY shall accept the improvements within its jurisdiction as complete. The COUNTY’s acceptance of the PROJECT as complete will start the contractor’s one year warranty period. 9. GUARANTEE AND WARRANTY. The COUNTY will require that its contractor guarantee and warrant the PROJECT, as more particularly described in Section 11(b). Prior to expiration of the one-year warranty period for the PROJECT, the COUNTY and the CITY will conduct a joint final inspection. After COUNTY and CITY have determined that the PROJECT improvements have performed during the warranty period to the COUNTY’s and the CITY’s satisfaction, the CITY shall provide concurrence for a release of the warranty for the PROJECT. The CITY shall not unreasonably withhold said concurrence for release. The COUNTY will be responsible for providing the contractor its and the CITY’s warranty release following the COUNTY’s receipt of the CITY’s concurrence for release. 10. OWNERSHIP AND MAINTENANCE. (a) County’s obligations. Beginning on the date that the COUNTY accepts the PROJECT as complete, and continuing thereafter: the COUNTY will own and maintain the portion of the PROJECT located in the COUNTY’s jurisdiction; the COUNTY will assume total responsibility for that portion of the PROJECT; and the November 6, 2018 BOS Minutes 382 5 COUNTY will defend, indemnify, save, and hold harmless the CITY, its governing body, officers, agents, and employees, against all claims, demands, lawsuits, costs, expenses and liability for any damages, injury, sickness, or death occurring after acceptance and relating to the design, construction, use, operation, or maintenance of the portion of the PROJECT located in the COUNTY’s jurisdiction. (b) City’s obligations. Beginning on the date that the CITY accepts the PROJECT as complete, and continuing thereafter: the CITY will own and maintain the portion of the PROJECT located in CITY’s jurisdiction; the CITY will assume total responsibility for that portion of the PROJECT; and the CITY will defend, indemnify, save, and hold harmless the COUNTY, its governing body, officers, agents, and employees, against all claims, demands, lawsuits, costs, expenses and liability for any damages, injury, sickness, or death occurring after acceptance and relating to the use, operation, or maintenance of the portion of the PROJECT located in the CITY’s jurisdiction. (c) Survival. The requirements of this Section 10 will survive the expiration or termination of this Agreement. 11. CONTRACTOR’S OBLIGATIONS. (a) Contractor’s indemnity. The COUNTY will require its contractor to defend, indemnify, and hold harmless the COUNTY and the CITY, and their governing bodies, officers, agents, and employees, from and against any and all liability, claims, actions, causes of action, and demands whatsoever against them, including related attorneys’ fees, arising from or connected with any injury, or death of any person, or damage to property, or other liability of any nature arising from or in any way connected with the PROJECT. (b) Contractor’s warranty. In addition to the warranties existing at law, the COUNTY will require its contractor to provide an express warranty for the benefit of the COUNTY and the CITY for a one-year period following the COUNTY’s acceptance of the PROJECT as complete. Said warranty will include the contractor’s guarantee that the work has been completed in accordance with the plans and specifications for the PROJECT, and it will include the contractor’s agreement to repair or replace all work that fails to conform to the plans and specifications, or that proves to be defective in workmanship or materials during the above-stated one-year period of time. (c) Bonds. The COUNTY will require its contractor to present two good and sufficient surety bonds, one for payment and one for performance, each in an amount equal to 100 percent of the contract price, issued by a surety admitted in the State of California, using the COUNTY’s standard forms, naming the COUNTY and the CITY as obligees on the bonds. November 6, 2018 BOS Minutes 383 6 12. GENERAL TERMS. (a) MODIFICATION. This Agreement may be modified or amended only with the written consent of the legislative bodies of each Party hereto. (b) ACCOUNTABILITY. The Parties will provide strict accountability of any and all PROJECT funds and will report to each other all receipts and disbursements. (c) FORMAT. The section headings and captions of this Agreement are, and the arrangement of this instrument is, for the sole convenience of the Parties to this Agreement. The section headings, captions, and arrangement of this instrument do not in any way affect, limit, amplify, or modify the terms and provisions of this Agreement. (d) ENTIRE AGREEMENT. This Agreement contains the entire understanding of the Parties relating to the subject matter of this Agreement. No promise, representation, warranty, or covenant not included in this Agreement has been or is relied upon by any Party. (e) COUNTERPARTS. This Agreement may be executed in any number of counterparts, each of which when executed and delivered shall be deemed to be an original with all counterparts constituting but one and the same instrument. The execution of this Agreement will not become effective until counterparts have been executed by both Parties. Faxed signatures on this Agreement or any notice, consent, or amendment required under this Agreement are binding. (f) NOTICES. All correspondence regarding this Agreement, including invoices, payments, and notices, shall be directed to the following persons at the following addresses, which may be changed by written notice from one Party to the other: COUNTY: Brian M. Balbas, Public Works Director 255 Glacier Drive Martinez, CA 94553-4825 Fax: 925-313-2333 brian.balbas@pw.cccounty.us CITY: Yader Bermudez, Director of Engineering & Capital Improvement Projects 450 Civic Center Plaza Richmond, CA 94804 Fax: 510-307-8116 Yader_Bermudez@ci.richmond.ca.us Notices shall be deemed given on the day of delivery if personally delivered, on the business day following the date of mailing if sent by overnight delivery, and three business days following the date of mailing if sent by U.S. Mail. Email addresses are included as a convenience to the Parties, but a notice sent by email is not properly given under this Agreement, unless it is also given personally, by overnight mail, or by U.S. Mail. November 6, 2018 BOS Minutes 384 7 (g)GOVERNING LAW; VENUE. This Agreement will be governed and construed in accordance with California law. The venue of any litigation arising out of this Agreement will be Contra Costa County. (h)SEVERABILITY. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement, which shall be interpreted to carry out the intent of the Parties hereunder. (i) WAIVER. No delay or omission in the exercise of any right or remedy of a non- defaulting Party on any default shall impair such right or remedy or be construed as a waiver. No consent or approval of either Party shall be deemed to waive or render unnecessary such Party’s consent to or approval of any subsequent act of the other Party. Any waiver by either Party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. (j) NO THIRD PARTY BENEFICIARIES. There are no third-party beneficiaries to this Agreement. IN WITNESS WHEREOF, the parties have each executed this MOU as of the date first set forth above. CONTRA COSTA COUNTY: CITY OF RICHMOND: By:_______________________________ By:_______________________________ Brian M. Balbas, Public Works Director Yader Bermudez, Director of Engineering & Capital Improvement Projects APPROVED AS TO FORM: Sharon L. Anderson County Counsel APPROVED AS TO FORM: By:_______________________________ By:_______________________________ Name: Deputy County Counsel City Attorney Attachment: Figure 1 November 6, 2018 BOS Minutes 385 FILE NO.SHEET OFMARTINEZ, CALIFORNIA 94553 255 GLACIER DRIVE PUBLIC WORKS DEPARTMENT CONTRA COSTA COUNTY PRELIMINARY DRAWING DATED 8-14-18 CONTRA COSTA COUNTY PLAN-SITE 1 Matchline See BelowSan Pablo Dam Road Hillcrest RoadLa Colina RoadAppian WayMatchline See AboveMatchline See BelowSan Pablo Dam Road Milton DriveClark RoadMatchline See AboveS an P ab lo D am R o ad Matchline See Sheet 4GreenridgeDriveBeg project May RoadCA54 Ccurb ramp Retrofit LOCAL STREETS AND ROADS PRESERVATION PROJECT City of Richmond Contra Costa County R/W R/W R/W R/W R /W R /W and gutter Without curb and gutter With curb (North side) and gutter Without curb (Both sides) and gutter (Both sides) With curb and gutter Without curb (North side) and gutter Without curb (Both sides) and gutter (Both sides) With curb and gutter With curb (South side) (Both sides) and gutter Without curb (North side) and gutter Without curb (Both sides) and gutter With curb (North side) and gutter Without curb (Both sides) Adj signal to FG control box Limit of inlay (Typ) City of Richmond Contra Costa County Contra Costa CountyDriveEl Port al City ofRichmondContra CostaCounty2curb ramp Mod Case 'F'A and overlay Beg grind and overlay Beg grind to be replaced at this location NTR: Traffic signal loops not shown to be replaced at this location NTR: Traffic signal loops not shown to be replaced at this location NTR: Traffic signal loops not shown to be replaced at this location NTR: Traffic signal loops not shown to be replaced at this location NTR: Traffic signal loops not shown to be replaced at this location NTR: Traffic signal loops not shown 31 (SHEET 1 OF 3) FIGURE 1: PROJECT LAYOUT PARKMOBILEHOMEFRENCH'S November 6, 2018 BOS Minutes 386 FILE NO.SHEET OFMARTINEZ, CALIFORNIA 94553 255 GLACIER DRIVE PUBLIC WORKS DEPARTMENT CONTRA COSTA COUNTY PRELIMINARY DRAWING DATED 8-14-18 CONTRA COSTA COUNTY PLAN-SITE 1 Matchline See BelowSan Pablo Dam Road Kay Ann CourtMatchline See AboveMatchline See BelowSan Pablo Dam Road Matchline See AboveSan Pablo Dam Road La Hon da Road D'Avilla WayValley View RoadLois LaneHunters LaneBristleconeDriveOak CreekRoadTri La ne Castro Ranch Road End project LOCAL STREETS AND ROADS PRESERVATION PROJECT R/W R/W R/W R/W R/W R/W Staging area along roadway shoulder and gutter Without curb (Both sides) With curb and gutter (North side)and gutter Without curb (Both sides) and gutter With curb (Both sides) vacant lot and gutter Without curb (North side) and gutter Without curb (Both sides) With curb and gutter (South side) and gutter Without curb (Both sides) and gutter With curb (South side) and gutter With curb (Both sides) and gutter (North side) Without curb and gutter With curb (Both sides)and gutter (North side) Without curb and gutter (Both sides) Without curb inlay (Typ) Limit of City of Richmond City of Richmond Contra Costa County City of RichmondContra Costa County Contra Costa County Contra Costa County staging area Potential to be replaced at this location NTR: Traffic signal loops not shown to be replaced at this location NTR: Traffic signal loops not shownMatchline See Sheet 1 2 3 (SHEET 2 OF 3) FIGURE 1: PROJECT LAYOUT SAN PABLO CREEK November 6, 2018 BOS Minutes 387 FILE NO.SHEET OFMARTINEZ, CALIFORNIA 94553 255 GLACIER DRIVE PUBLIC WORKS DEPARTMENT CONTRA COSTA COUNTY PRELIMINARY DRAWING DATED TYPICAL SECTIONS AND DETAILS 8-14-18 CONTRA COSTA COUNTY O.G. No Scale AC AB BASE FAILURE REPAIR DETAIL 4' Min (EA way) Failed Pvmt section Cold Plane or sawcut AC and excavate to a neat line 0.17' grind and RHMA overlay to 95% relative compaction Recompact Exist base Mtl Var, 47' to 76' No Scale O.G. No Scale Type G RHMA inlay Var, 26' to 50' 0.17' Grind and 0.17' Type G RHMA overlay 0.17' Grind and 0.17' Var, 47' to 76'Var, 47' to 76'Var, 47' to 76' Gutter lip Gutter lip Det 27B Det 27B Note: Inlay area is limited to area enclosed by Det 27B on both sides of the roadway. Note: Inlay area is limited to area enclosed by gutter lip on both sides of the roadway. LOCAL STREETS AND ROADS PRESERVATION PROJECT TYPICAL SECTION WITH CURB AND GUTTER (SAN PABLO DAM ROAD) TYPICAL SECTION WITHOUT CURB AND GUTTER (SAN PABLO DAM ROAD) ETW ETW EP EP or microsurface (Vasco Road) (Type G) (San Pablo Dam Road) ~~ PAVEMENT FAILURE REPAIR DETAIL Remove section to obtain determined by the Engineer. No Scale 0.75' depth. Replace with RHMA. Note: Exact limits of repair to be Exist road surface Failed Pvmt 1.0' Min RHMA 0.75' RHMA Min. (Type G) (Type G) Var, 0' to 13.5' Var, 0' to 13.5' MODIFIED CASE 'F' CURB RAMP DETAIL No Scale A 2 7.5% 7.5% 1.5% 7.5% 4'-2"4'-2"Exist crosswalk Exist traffic signal pole Protect in place a neat line Sawcut to Sawcut to a neat line State Standard Plan RSP A88A. Note: For details not shown see Revised Max Max Max11'±Max 3 3 (SHEET 3 OF 3) FIGURE 1: PROJECT LAYOUT November 6, 2018 BOS Minutes 388 RECOMMENDATION(S): ADOPT Resolution 2018/533 to vacate a public service easement for electrical and power transmission purposes in connection to the State Route 4 Lowering and Widening Willow Pass Grade Project (Project), identified as Parcel 50856-2 in the document recorded on December 1, 1992, in Book 18077, Page 700, of Contra Costa County Official Records, by reference located in the Pittsburg area. (Project No. 0676-6Q1823) (CP#18-32) DETERMINE that this summary vacation of a public service easement that is no longer required for electric and power transmission purposes is made pursuant to Division 9, Part 3, Chapter 4 of the Streets and Highways Code, commencing with Section 8330, et. seq. DETERMINE that this vacation request is for an easement that has not been used for the purposes for which it was acquired for five consecutive years immediately preceding the date of this action. (S&H Code Section 8333(a)) DETERMINE that this activity is not subject to the California Environmental Quality Act (CEQA) pursuant to Article 5, Section 15061 (b)(3) of the CEQA guidelines. DIRECT the Director of the Department of Conservation and Development (DCD) to file a Notice of Exemption with the County Clerk, and DIRECT the Public Works Director, or designee, to arrange APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/06/2018 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Jewel Lopez, 925-957-2457 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 6, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: J. Stein, PW Surveys, K. Piona, PW Records, W. Osborn, PW Information Technology, J. Suemnick, Flood Control C. 5 To:Board of Supervisors From:Brian M. Balbas, Public Works Director/Chief Engineer Date:November 6, 2018 Contra Costa County Subject:ADOPT Resolution No. 2018/533 to Summarily Vacate & Quitclaim a Public Service Easement for electrical & power transmission purposes, Pittsburg area. November 6, 2018 BOS Minutes 389 RECOMMENDATION(S): (CONT'D) for payment of the $50 fee to the County Clerk for filing the Notice of Exemption, and a $25 fee to DCD for processing the Notice of Exemption. AUTHORIZE the Chair, Board of Supervisors, to execute a Quitclaim Deed on behalf of the County and DIRECT the Real Estate Division of the Public Works Department to cause said Quitclaim Deed to be delivered to the grantee for recording in the office of the County Clerk-Recorder. DIRECT the Real Estate Division of the Public Works Department to record a certified copy of this Board Order and Resolution in the office of the County Clerk-Recorder. FISCAL IMPACT: 100% Applicant Fees. BACKGROUND: On December 1, 1992, Contra Costa County (County) acquired by Final Order of Condemnation a permanent easement for electric and power transmission purposes located south of State Route 4 in the Pittsburg area, identified as parcel 50856-2, in connection with the Project. The easement is located within portions of Assessor’s Parcel Nos.:097-700-001, 097-700-002, and 097-700-005. County staff has reviewed the vacation request and determined that the easement is no longer needed, and intends to vacate any and all rights, title, interest, obligation and responsibility of the easements. CONSEQUENCE OF NEGATIVE ACTION: The County may be responsible for the maintenance of an area that is no longer required as a public service easement. AGENDA ATTACHMENTS Resolution No. 2018/533 Alves Ranch CEQA Quitclaim Deed - Alves MINUTES ATTACHMENTS Signed: Resolution No. 2018/533 Signed: Quitclaim Deed November 6, 2018 BOS Minutes 390 Recorded at the request of:Contra Costa County Return To:Jewel Lopez, Real Estate Division THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and for Special Districts, Agencies and Authorities Governed by the Board Adopted this Resolution on 11/06/2018 by the following vote: AYE:John Gioia, District I SupervisorCandace Andersen, District II SupervisorDiane Burgis, District III SupervisorKaren Mitchoff, District IV SupervisorFederal D. Glover, District V Supervisor NO: ABSENT: ABSTAIN: RECUSE: Resolution No. 2018/533 IN THE MATTER OF adopting Resolution No. 2018/533 to summarily vacate and quitclaim a public service easement for electric and power transmission purposes on portions of APN Nos. 097-700-001, 097-700-002, and 097-700-005, Pittsburg area, District V. (Project No.: 0676-6Q1823) WHEREAS, Contra Costa County (County) no longer requires the public service easement for electric and power transmission purposes encumbering portions of Assessor’s Parcel Nos: 097-700-001, 097-700-002, and 097-700-005, which was acquired by Final Order of Condemnation, and is more particularly described as Parcel 50856-2 in the document recorded on December 1, 1992, in Book 18077, Page 700, of Contra Costa County Official Records, Pittsburg area. WHEREAS, this vacation request is for an easement that has not been used for the purposes for which it was acquired for five consecutive years immediately preceding the date of this action. (S&H Code Section 8333(a)) WHEREAS, Public Works Department staff has concluded that it can be seen with certainty that there is no possibility that vacating the public service easement described above may have a significant adverse effect on the environment. NOW, THEREFORE, IT IS RESOLVED by the Board of Supervisors of Contra Costa County that: The public service easement for electric and power transmission purposes, identified as Parcel 50856-2, and described in the document recorded on December 1, 1992, in Book 18077, Page 700, of Contra Costa County Official Records, is hereby summarily VACATED, pursuant to Division 9, Chapter 4 of the Streets and Highways Code and determine that this vacation request is for an easement that has not been used for the purposes for which it was acquired for five consecutive years immediately preceding the date of this action purposes pursuant to S&H Code Section 8333(a). The Board FINDS that the County has not expended County funds to maintain or improve the easement, and it is in the best interest of the County and the public that the easement be vacated. The Board FINDS that terminating and abandoning the easement will not have a significant effect on the environment and is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines, Article 5, section 15061(b)(3). November 6, 2018 BOS Minutes 391 The Board DECLARES that the hereinabove described proposed vacation area is HEREBY ORDERD VACATED subject to any reservation and exception described in the document recorded on December 1, 1992, in Book 18077, Page 700, of Contra Costa County Official Records. From and after the date that this resolution is adopted, the easement shall not constitute a public service easement of Contra Costa County. The Board DIRECTS the Public Works Director, or designee, to cause a certified copy of this Resolution to be recorded in the office of the County Clerk-Recorder. Contact: Jewel Lopez, 925-957-2457 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 6, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: J. Stein, PW Surveys, K. Piona, PW Records, W. Osborn, PW Information Technology, J. Suemnick, Flood Control November 6, 2018 BOS Minutes 392 November 6, 2018 BOS Minutes 393 November 6, 2018 BOS Minutes 394 November 6, 2018 BOS Minutes 395 November 6, 2018 BOS Minutes 396 November 6, 2018 BOS Minutes 397 November 6, 2018 BOS Minutes 398 Recorded at the request of: Contra Costa County Public Works Department 255 Glacier Drive Martinez, CA 94553 After recording return to: Alves Ranch, LLC C/O Grennan, Peffer, Sallander & Lally, LLP Attn: H. Ray Peffer 2000 Crow Canyon Place, Suite 380 San Ramon, CA 94583 The Undersigned Grantor(s) Declare(s): DOCUMENTARY TRANSFER TAX $ QUITCLAIM DEED For a valuable consideration, receipt of which is hereby acknowledged, CONTRA COSTA COUNTY, a political subdivision of the State of California, Does hereby remise, release and forever quitclaim to Alves Ranch, LLC, a California Limited Liability Company, any and all of its right, title, and interest in that public service easement for electric and power transmission purposes that is more particularly described in Resolution No. 2018/533 – a resolution of vacation – adopted November 6, 2018, by the Contra Costa County Board of Supervisors, and recorded on __________________, 2018, as Document No. ___________________ in the Official Records of the Contra Costa County Clerk-Recorder. CONTRA COSTA COUNTY Date: By ______________________________________ Karen Mitchoff Chair, Board of Supervisors JL: G:\realprop\Vacations -Terminations\Alves Ranch Easement - Pittsburg\DE.04 - Quitclaim Deed - Alves -103018.doc STATE OF CALIFORNIA ) § COUNTY OF CONTRA COSTA ) § On before me, Clerk of the Board of Supervisors, Contra Costa County, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature: Deputy Clerk A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. November 6, 2018 BOS Minutes 399 November 6, 2018 BOS Minutes 400 November 6, 2018 BOS Minutes 401 November 6, 2018 BOS Minutes 402 November 6, 2018 BOS Minutes 403 November 6, 2018 BOS Minutes 404 November 6, 2018 BOS Minutes 405 November 6, 2018 BOS Minutes 406 November 6, 2018 BOS Minutes 407 November 6, 2018 BOS Minutes 408 November 6, 2018 BOS Minutes 409 RECOMMENDATION(S): ADOPT Resolution No. 2018/547 accepting completion of improvements for subdivision SD14-09328 for a project being developed by Shapell Industries, Inc., a Delaware Corporation, as recommended by the Public Works Director, San Ramon (Dougherty Valley) area. (District II) FISCAL IMPACT: No fiscal impact. BACKGROUND: The developer has completed the improvements in accordance with the Title 9 of the County Ordinance Code. CONSEQUENCE OF NEGATIVE ACTION: The completion of improvements will not be accepted. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/06/2018 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Randolf Sanders (925) 313-2111 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 6, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: Jocelyn LaRocque- Engineering Services, Randolf Sanders- Engineering Services, Renee Hutchins - Records, Karen Piona- Record, Trixie Gothro - Design & Construction, Chris Hallford -Mapping , Mike Mann- Finance, Shapell Homes, a Division of Shapell Industries, Inc., The Continental Insurance Company, Chris Low - City of San Ramon C. 6 To:Board of Supervisors From:Brian M. Balbas, Public Works Director/Chief Engineer Date:November 6, 2018 Contra Costa County Subject:Accepting completion of improvements for subdivision SD14-09328, San Ramon (Dougherty Valley) area. November 6, 2018 BOS Minutes 410 AGENDA ATTACHMENTS Resolution No. 2018/547 MINUTES ATTACHMENTS Signed: Resolution No. 2018/547 November 6, 2018 BOS Minutes 411 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and for Special Districts, Agencies and Authorities Governed by the Board Adopted this Resolution on 11/06/2018 by the following vote: AYE:5 John Gioia Candace Andersen Diane Burgis Karen Mitchoff Federal D. Glover NO: ABSENT: ABSTAIN: RECUSE: Resolution No. 2018/547 IN THE MATTER OF accepting completion of improvements for subdivision SD14-09328, for a project being developed by Shapell Industries, Inc., a Delaware Corporation, as recommended by the Public Works Director, San Ramon (Dougherty Valley) area. WHEREAS the Public Works Director has notified this Board that the improvements in subdivision SD14-09328 have been completed as provided in the Subdivision Agreement with Shapell Industries, Inc., a Delaware Corporation, heretofore approved by this Board in conjunction with the filing of the Subdivision Map. WHEREAS these improvements are approximately located near Main Branch Road and South Monarch Road. NOW, THEREFORE, BE IT RESOLVED that the improvements have been COMPLETED as of November 6, 2018, thereby establishing the six month terminal period for the filing of liens in case of action under said Subdivision Agreement: DATE OF AGREEMENT: April 21, 2015 NAME OF SURETY: The Continental Insurance Company BE IT FURTHER RESOLVED that upon acceptance by the Board of Supervisors, the San Ramon City Council shall accept the improvements for maintenance and ownership in accordance with the Dougherty Valley Memorandum of Understanding. BE IT FURTHER RESOLVED that there is no warranty period required, and the Public Works Director is AUTHORIZED to refund the $7,000 cash security for performance (Auditor's Deposit Permit No. 574767, dated April 13, 2011) plus interest in accordance with Government Code Section 53079, if appropriate, to Shapell Industries, Inc., a Delaware Corporation, pursuant to the requirements of the Ordinance Code; and the Subdivision Agreement and surety bond, Bond No. 929 525 422, dated March 28, 2011 are exonerated. Contact: Randolf Sanders (925) 313-2111 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 6, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: Jocelyn LaRocque- Engineering Services, Randolf Sanders- Engineering Services, Renee Hutchins - Records, Karen Piona- Record, Trixie Gothro - Design & Construction, Chris Hallford -Mapping , Mike Mann- Finance, Shapell Homes, a Division of Shapell Industries, Inc., The Continental Insurance Company, Chris Low - City of San Ramon November 6, 2018 BOS Minutes 412 November 6, 2018 BOS Minutes 413 RECOMMENDATION(S): APPROVE and AUTHORIZE the Director of Airports, or designee, to execute a month-to-month hangar rental agreement with George Grech for a T-hangar at Buchanan Field Airport effective November 1, 2018 in the monthly amount of $394.10, Pacheco area (District IV). FISCAL IMPACT: The Airport Enterprise Fund will realize $4,729.20 annually. BACKGROUND: On September 1, 1970, Buchanan Airport Hangar Company entered into a 30-year lease with Contra Costa County for the construction of seventy-five (75) hangars and eighteen (18) aircraft shelters/shade hangars at Buchanan Field Airport. In 1977 Buchanan Airport Hangar Company amended their lease to allow for the construction of another 30-year lease with Contra Costa County for the construction of seventeen (17) additional hangars. Buchanan Airport Hangar Company was APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/06/2018 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Beth Lee, (925) 681-4200 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 6, 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:November 6, 2018 Contra Costa County Subject:APPROVE and AUTHORIZE the Director of Airports, or designee, to execute a hangar rental agreement with Buchanan Field Airport Hangar tenant November 6, 2018 BOS Minutes 414 BACKGROUND: (CONT'D) responsible for the maintenance and property management of the property during the lease period. On September 1, 2000, the ninety-three (93) t- and shade hangars at Buchanan Field reverted to the County ownership pursuant to the terms of the above lease. On November 14, 2006, the Contra Costa County Board of Supervisors approved the form of the T-Hangar and Shade Hangar Rental Agreement for use with renting the County's t-hangars, shade hangars, medium hangars, and executive hangars at Buchanan Field Airport. On February 16, 2007, the additional seventeen (17) hangars at Buchanan Field reverted back to the County pursuant to the above referenced lease. This row included six (6) large hangars which were not covered by the approved T-Hangar and Shade Hangar Rental Agreement. On February 23, 2007, Contra Costa County Board of Supervisors approved the new Large Hangar Rental Agreement for use with the large East Ramp Hangars. On January 16, 2009, Contra Costa County Board of Supervisors approved an amendment to the T-Hangar and Shade Hangar Rental Agreement and the Large Hangar Rental Agreement (combined "Hangar Rental Agreements") which removed the Aircraft Physical Damage Insurance requirement. The Hangar Rental Agreements are the current forms in use for rental of all the County hangars at Buchanan Field Airport. CONSEQUENCE OF NEGATIVE ACTION: A negative action will cause a loss of revenue to the Airport Enterprise Fund. ATTACHMENTS Hangar Rental Agmt - George Grech November 6, 2018 BOS Minutes 415 November 6, 2018 BOS Minutes 416 November 6, 2018 BOS Minutes 417 RECOMMENDATION(S): APPROVE and AUTHORIZE the Director of Airports, or designee, to execute a month-to-month hangar rental agreement with Delmar Humbert and Denise Humbert for a T-hangar at Buchanan Field Airport effective October 24, 2018 in the monthly amount of $394.10. FISCAL IMPACT: The Airport Enterprise Fund will realize $4,729.20 annually. BACKGROUND: On September 1, 1970, Buchanan Airport Hangar Company entered into a 30-year lease with Contra Costa County for the construction of seventy-five (75) hangars and eighteen (18) aircraft shelters/shade hangars at Buchanan Field Airport. In 1977 Buchanan Airport Hangar Company amended their lease to allow for the construction of another 30-year lease with Contra Costa County for the construction of seventeen (17) additional hangars. Buchanan Airport Hangar Company was responsible for the maintenance and property management of the property during the lease period. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/06/2018 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Beth Lee, (925) 681-4200 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 6, 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:Keith Freitas, Airports Director Date:November 6, 2018 Contra Costa County Subject:APPROVE and AUTHORIZE the Director of Airports, or designee, to execute a hangar rental agreement with Buchanan Field Airport Hangar tenant November 6, 2018 BOS Minutes 418 BACKGROUND: (CONT'D) On September 1, 2000, the ninety-three (93) t- and shade hangars at Buchanan Field reverted to the County ownership pursuant to the terms of the above lease. On November 14, 2006, the Contra Costa County Board of Supervisors approved the form of the T-Hangar and Shade Hangar Rental Agreement for use with renting the County's t-hangars, shade hangars, medium hangars, and executive hangars at Buchanan Field Airport. On February 16, 2007, the additional seventeen (17) hangars at Buchanan Field reverted back to the County pursuant to the above referenced lease. This row included six (6) large hangars which were not covered by the approved T-Hangar and Shade Hangar Rental Agreement. On February 23, 2007, Contra Costa County Board of Supervisors approved the new Large Hangar Rental Agreement for use with the large East Ramp Hangars. On January 16, 2009, Contra Costa County Board of Supervisors approved an amendment to the T-Hangar and Shade Hangar Rental Agreement and the Large Hangar Rental Agreement (combined "Hangar Rental Agreements") which removed the Aircraft Physical Damage Insurance requirement. The Hangar Rental Agreements are the current forms in use for rental of all the County hangars at Buchanan Field Airport. CONSEQUENCE OF NEGATIVE ACTION: A negative action will cause a loss of revenue to the Airport Enterprise Fund. ATTACHMENTS Hangar Rental Agreement November 6, 2018 BOS Minutes 419 November 6, 2018 BOS Minutes 420 November 6, 2018 BOS Minutes 421 RECOMMENDATION(S): DENY claims filed by Maria Artle, CSAA Insurance on behalf of Zachary Aragon, CSAA Insurance on behalf of Vladimir Katsnelson, Timothy Farley, F. Neal Eddy, Kelly O'Connell, Lisa Severs, Jedrek and Melissa Speer, and Sandra Wilson. FISCAL IMPACT: No fiscal impact. BACKGROUND: Maria Artle: Property claim for injury to rescue dog obtained from Animal Shelter in the amount of $3,901.40 CSAA Insurance on Behalf of Zachary Aragon: Property claim by insurer for damage to insured’s vehicle in the amount of $2,687.75 as a result of motor vehicle accident involving County employee. CSAA Insurance on Behalf of Vladimir Katsnelson: Property claim by insurer for damage to insured’s vehicle in the amount of $1,042.67 as a result of motor vehicle accident involving County employee. Timothy Farley: Personal injury claim in an amount to exceed $25,000. Claimant alleges that Contra Costa Community College District improperly released information about him to the media. F. Neal Eddy: Property claim in the amount of $172 for money allegedly APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/06/2018 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Scott Selby 925.335.1400 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 6, 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:November 6, 2018 Contra Costa County Subject:Claims November 6, 2018 BOS Minutes 422 BACKGROUND: (CONT'D) lost while claimant was at CCRMC. Kelly O’Connell: Property claim for damage to home and land in the amount of $27,070 as a result of a failed storm drain. Lisa Severs: Personal injury claims for a trip and fall on a sidewalk in Martinez in an amount to be determined. Jedrek & Melissa Speer: Property and personal injury claim involving allegations that claimants were injured in a motor vehicle accident with a County employee during a high speed pursuit. Sandra Wilson: Property damage to vehicle in the amount of $3,676.22 as a result of motor vehicle accident involving County employee. November 6, 2018 BOS Minutes 423 APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/06/2018 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Stacey Durocher, 925.335.1703 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 6, 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:November 6, 2018 Contra Costa County Subject:2018 Holiday Food Fight Kick Off November 6, 2018 BOS Minutes 424 AGENDA ATTACHMENTS Resolution No. 2018/542 MINUTES ATTACHMENTS Signed Resolution No. 2018/542 November 6, 2018 BOS Minutes 425 In the matter of:Resolution No. 2018/542 LAUNCHING THE 2018 "CONTRA COSTA COUNTY CARES" HOLIDAY FOOD FIGHT WHEREAS, the Food Bank of Contra Costa and Solano, which originated as a Contra Costa County project, works heroically on the front line of the daily effort to address this issue, providing food to 122,000 residents of Contra Costa County on a monthly basis, a number that has slightly increased since last year; and WHEREAS, one in eight people in this County need the Food Bank’s assistance at this time; and WHEREAS, climate, housing shortages, and other societal pressures create extra demands on the Food Bank’s budget, due to reduced access to fresh produce, as well as the necessity to serve people needing extra help to make ends meet and navigate their changing situations; and WHEREAS, the Food Bank is enabled, by our monetary donations, to purchase and distribute fresh produce, which makes up nearly 60% of everything they dispense to our neighbors; and WHEREAS, approximately 7,000 employees of Contra Costa County, in virtually every department, have since 2002 been holding this annual drive to serve the residents of Contra Costa County who are in need of a helping hand, and have themselves in that time span raised $1.3 million in this effort; and WHEREAS, the 2018 Counties Care - Holiday Food Fight will take place between November 19 and December 31, 2018; and WHEREAS, County employees encourage the public to participate in the “2018 Counties Care - Holiday Food Fight” between the employees of Contra Costa and Solano counties by donating generously and often to the Food Bank of Contra Costa and Solano online in a corresponding “people-to-people” challenge; NOW THEREFORE BE IT RESOLVED that the Board of Supervisors of Contra Costa County hereby recognizes this great and constant need in the community, and commends, encourages, and challenges employees and residents of Contra Costa and Solano counties to open their hearts and wallets to assist the Food Bank of Contra Costa and Solano and its client organizations during the coming holiday season; and BE IT FURTHER RESOLVED that the Board of Supervisors of Contra Costa County hereby officially continues the annual challenge with Solano County and kicks off the “2018 Counties Care - Holiday Food Fight”; and BE IT FURTHER RESOLVED that the Board of Supervisors of Contra Costa County hereby encourages all citizens of Contra Costa and Solano counties to extend the generous holiday spirit throughout the year to help those less fortunate. ___________________ KAREN MITCHOFF Chair, District IV Supervisor ______________________________________ JOHN GIOIA CANDACE ANDERSEN District I Supervisor District II Supervisor ______________________________________ DIANE BURGIS FEDERAL D. GLOVER November 6, 2018 BOS Minutes 426 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: November 6, 2018 David J. Twa, By: ____________________________________, Deputy November 6, 2018 BOS Minutes 427 PR.4, C.10 November 6, 2018 BOS Minutes 428 RECOMMENDATION(S): Recognize November 2018 as Adoption Awareness Month APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/06/2018 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Elaine Burres, 608-4960 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 6, 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:Kathy Gallagher, Employment & Human Services Director Date:November 6, 2018 Contra Costa County Subject:Adoption Awareness Month November 6, 2018 BOS Minutes 429 AGENDA ATTACHMENTS Resolution No. 2018/544 MINUTES ATTACHMENTS Signed Resolution No. 2018/544 November 6, 2018 BOS Minutes 430 In the matter of:Resolution No. 2018/544 Adoption Awareness Month WHEREAS, all children, infants, toddlers, school-aged and older youth, deserve a safe, loving and supportive environment and a place to call home; and WHEREAS, Contra Costa County comes together as a community to celebrate our community’s adoptive families and raise awareness about the number of children and teens who are still waiting for a permanent home; and WHEREAS, in 2018 Children and Family Services (CFS), a bureau of the Employment and Human Services Department, completed its first-ever non-minor dependent adoption; and WHEREAS, in 2017, adoption was the permanency plan for 124 children in Contra Costa County, including adoptions by former foster parents, family members, and non-relatives, with 33 percent over eight years old; and WHEREAS, CFS’ comprehensive recruitment efforts include attention toward filling the need for Resource Families to specifically place older youth and those with complex needs; and WHEREAS, nearly 2,000 children in the County are receiving adoption assistance and post-adoption support; and WHEREAS, adoptions are one of the successful outcomes that can play a role in preventing child abuse and neglect; and WHEREAS, adopted children and teens need extra patience and support to help them overcome previous hardships, obtain stable home environments, or receive placements as part of a sibling group; and WHEREAS many of these children have special needs related to physical, mental or emotional disabilities and need the support that adoptive families can provide; and WHEREAS, there are families able and willing to adopt children who have a range of needs; and WHEREAS, there are no restrictions on who can adopt based on race, ethnicity, religion, physical ability, income, sexual orientation or expression, gender identity, marital status; and WHEREAS, adoption of children by family members encourages increased stability, higher levels of permanency, more likelihood of staying connected to siblings, greater preservation of cultural identity, and positive behavioral and mental health outcomes due to placements with relative caregivers; and November 6, 2018 BOS Minutes 431 WHEREAS, the many children in our local foster care program need and deserve the security and nurturing of permanent families, whether they are related or not; and WHEREAS, Children & Family Services in Contra Costa County offers concurrent planning, enabling the placement of children in a potential adoptive home while working with the birth family to help overcome challenges and support reunification efforts; and WHEREAS, adoptive parents and families who have adopted children require and deserve community and public agency support. NOW, THEREFORE, BE IT RESOLVED: That the Board of Supervisors, does hereby proclaim November 2018 as Adoption Awareness Month in Contra Costa County. ___________________ 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: November 6, 2018 David J. Twa, By: ____________________________________, Deputy November 6, 2018 BOS Minutes 432 PR.1, C.11 November 6, 2018 BOS Minutes 433 APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/06/2018 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Dominic Aliano 925-608-4200 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: November 6, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stephanie Mello, Deputy cc: C. 12 To:Crockett/Carquinez Fire Protection District Board of Directors From:Federal D. Glover, District V Supervisor Date:November 6, 2018 Contra Costa County Subject:Certificate of Recognition on the Occasion of the Retirement of Crockett-Carquinez Fire Protection District Advisory Fire Commissioner Fred Maria November 6, 2018 BOS Minutes 434 AGENDA ATTACHMENTS Resolution No. 2018/553 MINUTES ATTACHMENTS Signed Resolution No. 2018/553 November 6, 2018 BOS Minutes 435 In the matter of:Resolution No. 2018/553 Honoring Crockett-Carquinez Fire Protection District Advisory Fire Commissioner Fred Maria, on the occasion of his retirement from the District WHEREAS, Fred Maria was born in Eckley, California and later moved to Port Costa and eventually Crockett; WHEREAS, Fred Maria served in the Army and fought in the Korean War; WHEREAS, Fred Maria returned from the Korean War and became a watchman for C&H Sugar and later became a Contra Costa County Sheriff’s Deputy and served for over 25 years. During his 25 years of services, 15 of those years he served as a bailiff in Department 7 of the Superior Court of Contra Costa County, working for Judge Martin E. Rothenberg. After retirement from Contra Costa County Sheriff’s Department, Mr. Maria became an investigator for the Department of the Navy at Alameda Naval Air Station and eventually served as a Federal Marshal in San Francisco; WHEREAS, Fred Maria first became a volunteer with the Crockett-Carquinez Fire Protection District and later was appointed to serve as an Advisory Fire Commissioner; WHEREAS, Fred Maria, as an Advisory Fire Commissioner, worked with Supervisor Nancy Fahden to purchase the Crockett-Carquinez Fire Protection District a new ladder truck which is still in service today; WHEREAS, Fred Maria was a long time Boy Scout, Scout Master for Troop 173 in Crockett and encouraged his sons Rick Maria and Ron Maria to become Eagle Scouts; NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the Crockett-Carquinez Fire Protection District recognizes Fire Commissioner Fred Maria as an expression of our appreciation for his 36 years of dedicated service to the Crockett and Port Costa communities, and to extend our 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 November 6, 2018 BOS Minutes 436 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 6, 2018 David J. Twa, By: ____________________________________, Deputy November 6, 2018 BOS Minutes 437 C.12 November 6, 2018 BOS Minutes 438 RECOMMENDATION(S): Approve Resolution in support of declaring November 11th, 2018-November 17, 2018 United Against Hate Week. FISCAL IMPACT: None BACKGROUND: The call for a United Against Hate Week emerged from the cities and community leaders that were a part of the original poster campaign. In the Spring of 2018, participants reconvened to expand their United Against Hate message. With support from Not In Our Town (www.niot.org), a leading anti-hate organization, additional communities have joined in the effort to launch an inaugural Week of Action scheduled for November 11-18, 2018. During this week, cities and counties will partner with community based organizations to convene and host events including rallies, film screenings, art projects, speakers, community dialogues and storytelling workshops. These activities will provide a dynamic way to increase engagement across each city, and support APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/06/2018 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Sonia Bustamante, 510.843.2040 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 6, 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:John Gioia, District I Supervisor Date:November 6, 2018 Contra Costa County Subject:In Support of Declaring A No Hate Week November 6, 2018 BOS Minutes 439 BACKGROUND: (CONT'D) Bay Area residents who are standing up to hate in their communities.The board supports activities including a film screening of Embracing The Dream: Celebrating Martin Luther King's Legacy in America Today on November 13, 2018 7pm at the California Theatre in Pittsburg, Ca and the One Human Family Interfaith vigil and service on November 11 5pm in Richmond. AGENDA ATTACHMENTS Resolution No. 2018/559 MINUTES ATTACHMENTS Signed Resolution No. 2018/559 November 6, 2018 BOS Minutes 440 In the matter of:Resolution No. 2018/559 IN SUPPORT OF DECLARING UNITED AGAINST HATE WEEK IN CONTRA COSTA COUNTY IN SUPPORT OF DECLARING UNITED AGAINST HATE WEEK in Contra Costa County WHEREAS, the United States is a nation of immigrants, whose strength comes from our diversity; and WHEREAS, the Constitution enshrines equality on all individuals, regardless of race, gender, orientation, religion, ancestry, or political views; and WHEREAS, recent federal policies and rhetoric have generated a toxic environment that encourages the propagation of racist, xenophobic, sexist, homophobic, Islamaphobic, anti-semitic and other bigoted views by emboldened hate groups and individuals; and WHEREAS, deep divisions within our country allow for the festering of extreme ideology, further strengthening a cycle of mistrust and suspicion fueled by fear, anxiety, and insecurity; and WHEREAS, the number of hate crimes across the United States has increased dramatically over the past couple of years; and WHEREAS, in 2017, white nationalist groups held violent rallies in cities across the country, including in the East Bay Area, instilling fear across our many diverse communities; and WHEREAS, Contra Costa County is deeply committed to inclusivity and equity; and WHEREAS, The Contra Costa County Board of Supervisors has previously declared Contra Costa County a Welcoming County, recognizing that a community is strongest when everyone feels welcomed, and brings immigrants, refugees, and the broader community together to develop inclusive policies, programs, and initiatives that build welcoming and loving communities; and WHEREAS, Contra Costa County Stands United Against Hate and desires to state our shared values and reiterate our commitment to inclusivity; and WHEREAS, education, compassion, and cooperation are key to understanding and embracing differences between people; and WHEREAS, sponsoring a United Against Hate Week is an important step in bridging divisions and healing communities; and WHEREAS, the board supports activities including a film screening of Embracing The Dream: Celebrating Martin Luther King's Legacy in America Today on November 13, 2018 7pm at the California Theatre in Pittsburg, Ca and the One Human Family Interfaith vigil and service on November 11, 2018 5pm in Richmond. November 6, 2018 BOS Minutes 441 NOW THEREFORE, BE IT RESOLVED that the Contra Costa County Board of Supervisors does hereby declare the week of November 11, 2018 through November 17, 2018 as United Against Hate Week in Contra Costa County. ___________________ 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: November 6, 2018 David J. Twa, By: ____________________________________, Deputy November 6, 2018 BOS Minutes 442 PR.2, C.13 November 6, 2018 BOS Minutes 443 RECOMMENDATION(S): ADOPT Resolution No. 2018/558 proclaiming November 7, 2018 as the Contra Costa County Shelter-in-Place Education Day. FISCAL IMPACT: No fiscal impact. BACKGROUND: Contra Costa County Community Awareness and Emergency Response Group, Inc. has worked with schools and day care facilities for the last sixteen years on sheltering in place when there is a hazardous material release that could impact them. This protective action is the best immediate action that a person can take to protect them against exposure to hazardous materials that could occur from an accidental release or spill. Attached find the proclamation and a flyer announcing November 7, 2018 as Shelter-in-Place Education Day. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/06/2018 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Randy Sawyer, 925-335-3210 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 6, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stephanie Mello, Deputy cc: Marcy Wilhelm, Cho Nai Cheung C. 14 To:Board of Supervisors From:Anna Roth, Health Services Director Date:November 6, 2018 Contra Costa County Subject:CAER 2018 Shelter-in-Place Education Day November 6, 2018 BOS Minutes 444 AGENDA ATTACHMENTS Resolution No. 2018/558 SIP Drill Facts MINUTES ATTACHMENTS Signed Resolution No. 2018/558 November 6, 2018 BOS Minutes 445 In the matter of:Resolution No. 2018/558 Proclaiming November 7, 2018 as Shelter-in-Place Education Day in Contra Costa County. WHEREAS, public and private schools and childcare centers throughout Contra Costa County will be participating in the Shelter-in-Place Drill on November 7th; and WHEREAS Contra Costa Community Awareness Emergency Response Group – CAER – is sponsoring the 17th Annual Shelter-in-Place Drill and assisting schools and childcare centers with their emergency preparedness; and WHEREAS, emergency response agencies including fire, sheriff and health officials all recommend Shelter-in-Place as the immediate action to take in case of a hazardous release; and WHEREAS the Shelter-in-Place Drill increases public awareness about Shelter-in-Place as a protective action and gives students and teachers practice in implementing this important procedure; and WHEREAS the County Office of Education has endorsed the Shelter-in-Place Drill and encouraged all sites to participate; NOW, THEREFORE, BE IT RESOLVED THAT the Contra Costa County Board of Supervisors recognizes the importance of preparing for emergencies and encourages participation in the Contra Costa CAER Group’s public education efforts. In support of the parents, teachers, students and staff that will be participating with hundreds of other schools in the Shelter-in-Place Drill, we proclaim November 7, 2018 as “Shelter-in-Place Education Day.” ___________________ 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: November 6, 2018 David J. Twa, By: ____________________________________, Deputy November 6, 2018 BOS Minutes 446 PR.3, C.14 November 6, 2018 BOS Minutes 447 Contra Costa Health Plan Providers Approved by Peer Review and Credentialing Committee January 9, 2018 CREDENTIALING PROVIDER S JANUARY 2018 Name Specialty Chavez, Luis, RBT Behavior Analysis Chichili, Sudhathi, MD Hematology/ Oncology McClintock Greenberg, Andrew, MD Pulmonary Disease Sleep Medicine Ryan, Alison, PA Mid -Level Oncology Sison, Margarita, BA Behavior Analysis Wong, Adriel, BCBA Behavior Analysis RECREDENTIALING PROVIDER S JANUARY 2018 Name Specialty Bhattacharyya, Alok, MD Neu rology Block, Alison, MD Family Planning Bunzel, Mary M., NP Primary Care Family Medicine Chen, Jeff S., MD Pain Management Chow, Ames, DC Chiropractic Medicine Cloutier, Steven, PhD Mental Health Services Crumpler, Faith, MD Primary Care Family Medicine Dudler, Jack, MD Primary Care Family Medicine Ferguson, Susan, MD Primary Care Internal Medicine Kassels, Michael, DO Primary Care Internal Medicine Kim, Euna, NP Primary Care Internal Medicine McAlear, Matthew, BCBA Behavior Analysis Morrissey, Ellen, MD Nephrology Nelson, Butler, PhD Mental Health Services Ong, Frances, OD Optometry Raffety, Kimika, PT Physical Therapy Rana, Zohaib, BCBA Behavior Analysis Saldivar, Nancy, NP Primary Care Internal Medicine Sharma, Rohit, MD Nephrology Siu, Arthur, OD Optometry Stapleton, Stacy, BCBA Behavior Analysis November 6, 2018 BOS Minutes 448 Contra Costa Health Plan Providers Approved by Peer Review and Credentialing Committee January 9, 2018 Page 2 of 2 RECREDENTIALING PROVIDER S JANUARY 2018 Name Specialty Takao, Kevin, PT Physical Therapy Tam, David, OD Optometry Tarder, Gerald L., MD Gastroenterology Upshaw, Bradley, OD Optometry Warner, Sarah E., PhD Mental Health Services Widroe, Harvey, MD Psychiatry Zylker, Kenneth, DC Chiropractic Medicine RECREDENTIALING ORGANIZATIONAL PROVIDERS JANUARY 2018 Provider Name Provide the Following Services Location Ace Home Health Care and Hospice, Inc. dba: Ace Home Health Care and Hospice, Inc. Home Health and Hospice Orinda Dolly Thomas dba: Nova Care Home Health Services, Inc. Home Health Brentwood bopl-January 9, 2018 November 6, 2018 BOS Minutes 449 RECOMMENDATION(S): FIX a public hearing for December 11, 2018 at 9:00 a.m., to consider adopting Resolution No. 2018/556 that will supersede Resolution No. 2013/465, to adopt a new Fines and Charges Schedule for the Contra Costa County Library effective January 1, 2019, as recommended by the County Librarian. FISCAL IMPACT: No fiscal impact. BACKGROUND: The County Librarian and County Library Commission are recommending changes to the library fines and charges schedule policy. Contra Costa County Library goals include ensuring that everyone has easy, equitable access to library services. Following the public hearing, the County Librarian requests the Board of Supervisors to adopt the new Contra Costa County Library Fines and Charges Schedule that will no longer include daily fines for overdue items, to increase equitable access to library materials. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/06/2018 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Melinda Cervantes 925.608.7701 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 6, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C. 15 To:Board of Supervisors From:Melinda Cervantes, County Librarian Date:November 6, 2018 Contra Costa County Subject:Fix a Public Hearing on Proposed Changes to the Fines and Charges Schedule for the Library November 6, 2018 BOS Minutes 450 ATTACHMENTS Proposed Schedule of Fines and Charges November 6, 2018 BOS Minutes 451 Proposed - SCHEDULE OF FINES & CHARGES - EFFECTIVE JANUARY 1, 2019 TYPE OF MATERIAL LOST AND DAMAGED FEE PROCESSING FEE * All Books, CDs, and DVDs Item price or $25.00 $10.00 All Magazines $5.00 Kits Replacement Cost $10.00 Equipment Replacement Cost $10.00 LINK+ Interlibrary Loan items Determined by lending library, not to exceed $115.00, including processing fee * Processing fees charged on lost items are non-refundable if the item is later found and returned. OTHER CHARGES Missing portions of sets & kits, including cases $8.00 Print/Copy Smart Card – Initial Purchase $ .50 per card Black & White Prints/Copies Color Prints/Copies $ .15 per page $ .50 per page Returned Check Fee $15.00 Materials Recovery Late Fee** $10.00 per account Non-refundable Meeting Room Fee*** Large Room $40.00/hour Small Room $10.00/ ** Materials Recovery fee assessed on an account when oldest fine/fee is 50 days past due, and the total balance due is $35.00 or more. *** Meeting rooms at Antioch, Concord, El Sobrante, Kensington, Pinole, Pleasant Hill, and Ygnacio Valley Libraries Form 9-6 (Revised 1/19) Goldenrod November 6, 2018 BOS Minutes 452 RECOMMENDATION(S): APPOINT Ronald Cortez to the appointee 6 seat on County Service Area P-2A Citizen Advisory Committee to a term expiring December 31, 2019, as recommended by Supervisor Diane Burgis. Ronald Cortex Danville, CA 94506 FISCAL IMPACT: None. BACKGROUND: The advisory committee functions to advise the Board of Supervisors and the Sheriff's Department on the needs of the Blackhawk community for extended police services which shall include, but not limited to enforcement of the State Vehicle Code, crime prevention and litter control. Applications were accepted and the recommendation to appoint the above individual was then determined. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/06/2018 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: LEA CASTLEBERRY (925) 252-4500 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 6, 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:Diane Burgis, District III Supervisor Date:November 6, 2018 Contra Costa County Subject:APPOINTMENT TO COUNTY SERVICE AREA P-2A November 6, 2018 BOS Minutes 453 RECOMMENDATION(S): DECLARE vacant the Appointee 4 seat on the Discovery Bay P-6 Citizen Advisory Committee, previously held by Gaylin Zeigler due to resignation and DIRECT the Clerk of the Board to post the vacancy, as recommended by Supervisor Diane Burgis. FISCAL IMPACT: None. BACKGROUND: Mr. Zeigler notified the District Office of his resignation from the Discovery Bay P-6 Citizen Advisory Committee effective immediately. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/06/2018 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: LEA CASTLEBERRY (925) 252-4500 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 6, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: C. 17 To:Board of Supervisors From:Diane Burgis, District III Supervisor Date:November 6, 2018 Contra Costa County Subject:VACANCY ON COUNTY SERVICE AREA, P-6 DISCOVERY BAY CITIZEN ADVISORY COMMITTEE November 6, 2018 BOS Minutes 454 AGENDA ATTACHMENTS MINUTES ATTACHMENTS Vacancy Notice November 6, 2018 BOS Minutes 455 November 6, 2018 BOS Minutes 456 RECOMMENDATION(S): ACCEPT the resignation of Jackelynn Campos from the Family and Children's Trust Committee (FACT), Mental Health Seat 5, DECLARE the vacancy and DIRECT the Clerk of the Board to post the vacancy, as recommended by the Employment and Human Services Director. FISCAL IMPACT: There is no Fiscal Impact. BACKGROUND: Ms. Campos resigned from FACT August 21, 2018 due to her personal schedule, which did not allow her full participation in the Committee's activities. She was appointed March 13, 2018. The Mental Health Seat expires September 30, 2019. FACT was established in 1985 by the Contra Costa Board of Superiors to make funding recommendations for prevention and treatment services to reduce child abuse and neglect, provide supportive services to families and children, and promote a more coordinated, seamless system for families. CONSEQUENCE OF NEGATIVE ACTION: FACT cannot recommend appointment to the Mental Health Seat until vacated. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/06/2018 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Elaine Burres, 608-4960 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 6, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: C. 18 To:Board of Supervisors From:Kathy Gallagher, Employment & Human Services Director Date:November 6, 2018 Contra Costa County Subject:Family and Children's Trust Committee Resignation November 6, 2018 BOS Minutes 457 AGENDA ATTACHMENTS MINUTES ATTACHMENTS Vacancy Notice November 6, 2018 BOS Minutes 458 November 6, 2018 BOS Minutes 459 RECOMMENDATION(S): APPOINT Lanita Mims (Oakley) to the At Large 4 seat to a term ending on February 28, 2020; and Dayanna Macias-Carlos (Concord) to the At Large 3 seat and Hannah Brown (Pleasant Hill) to the At Large 5 seat to terms ending on February 28, 2019, on the Commission for Women. FISCAL IMPACT: No fiscal impact. BACKGROUND: In September 2017, the IOC held a discussion about problems that had been reported concerning the Commission for Women including a spate of member resignations, inability to achieve a meeting quorum, blurred responsibilities, disagreement over the Commission's mission, factions and fragmentation, open meeting act errors, and loss of interest among some of the membership. In February 2018, IOC staff presented five recommendations to address the problems identified by some of the former and current Commission members. The Committee generally concurred with staff's recommendations and preliminarily recommended to the Board of Supervisors that the size of the Commission be reduced from 20 to 15 members to improve cohesion and also the probability of achieving a meeting quorum. The Board approved this recommendation on April 24, 2018. Assuming the Commission APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/06/2018 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Julie DiMaggio Enea (925) 335-1077 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 6, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: C. 19 To:Board of Supervisors From:David Twa, County Administrator Date:November 6, 2018 Contra Costa County Subject:RECOMMENDATION FOR APPOINTMENTS TO THE COMMISSION FOR WOMEN November 6, 2018 BOS Minutes 460 BACKGROUND: (CONT'D) would thus be able to convene proper meetings, the IOC requested the Commission to consider the remaining CAO recommendations and possible bylaws update, and report back to the IOC in October. The Commission website is not up-to-date. According to their minutes, they last met on May 18, 2018 (http://www.womenscommission.com/agenda.html ). The Clerk's Office was unable to find any agenda or announcement of a May 18 Commission meeting. Also, according to the minutes from each of the 2018 meetings, the Commission appears to have met without a quorum of members present. The May 18 Commission minutes indicate that some discussion occurred regarding the recommended bylaw changes, but there is no further information in the minutes. The Commission for Women has a small group of very devoted members who try to keep the Commission moving forward. However, they currently do not have enough members to do their business. In April of this year, the Board of Supervisors reduced the Commission's membership size from 20 seats down to 15 to assist them in achieving a meeting quorum, which is now 8. Even with the 5-seat reduction, the Commission appears to be struggling to achieve a quorum. Last month, the Board accepted another resignation from the Commission. To assist the Commission in achieving a quorum so that it can meet and recruit additional members, we recommend that the Board appoint Ms. Mims, Ms. Macias-Carlos, and Ms. Brown to At Large seats on the Commission. Upon appointment of these individuals, the Commission will have four remaining vacancies. ATTACHMENTS Candidate Application_Hannah Brown_Comm for Women Candidate Application_Dayanna Macias-Carlos_Comm for Women Candidate Application_Lanita Mims_Comm for Women November 6, 2018 BOS Minutes 461 Submit Date: Aug 10, 2018 Seat Name (if applicable) First Name Middle Initial Last Name Email Address Home Address Suite or Apt City State Postal Code Primary Phone Employer Job Title Occupation Contra Costa County Boards & Commissions Application Form Profile Which Boards would you like to apply for? Arts & Culture Commission: Submitted Commission for Women: Submitted Describe why you are interested in serving on this advisory board/commission (please limit your response to one paragraph). Contra Costa County is an incredibly diverse county with continual changes and I want to do my part to make sure the county is continuing to move in a positive direction with voices from women and decisions ensuring education and culture are promoted. This application is used for all boards and commissions Do you, or a business in which you have a financial interest, have a contract with Contra Costa Co.? Yes No Hannah R Brown Pleasant Hill CA 94523 Hannah R Brown Page 1 of 7 November 6, 2018 BOS Minutes 462 If "Other" was Selected Give Highest Grade or Educational Level Achieved Name of College Attended Course of Study / Major Units Completed Degree Type Date Degree Awarded Is a member of your family (or step-family) employed by Contra Costa Co.? Yes No Education History Select the highest level of education you have received: Other College/ University A Type of Units Completed Quarter Degree Awarded? Yes No College/ University B MBA in progress CSU East Bay Communications BA December 2013 Hannah R Brown Page 2 of 7 November 6, 2018 BOS Minutes 463 Name of College Attended Course of Study / Major Units Completed Degree Type Date Degree Awarded Name of College Attended Course of Study / Major Units Completed Degree Type Type of Units Completed None Selected Degree Awarded? Yes No College/ University C Type of Units Completed None Selected Degree Awarded? Yes No CSU East Bay MBA with Marketing Concentration MBA Spring 2019 Hannah R Brown Page 3 of 7 November 6, 2018 BOS Minutes 464 Date Degree Awarded Course Studied Hours Completed Dates (Month, Day, Year) From - To Hours per Week Worked? Position Title Other schools / training completed: Certificate Awarded? Yes No Work History Please provide information on your last three positions, including your current one if you are working. 1st (Most Recent) Volunteer Work? Yes No Employer's Name and Address Teen Challenge NorWestCal Nevada 390 Matthew St. Santa Clara, CA 95050 7/1/1018-Present 30 Marketing Specialist Hannah R Brown Page 4 of 7 November 6, 2018 BOS Minutes 465 Dates (Month, Day, Year) From - To Hours per Week Worked? Position Title Dates (Month, Day, Year) From - To Hours per Week Worked? Duties Performed Created marketing/communication plan. Created a website revision plan with rollout timeline for improved SEO and digital presence. Worked with Google for non-profits to run advertising campaigns. Created web changes resulting in immediate increase of over 200%. 2nd Volunteer Work? Yes No Employer's Name and Address Six Flags Discovery Kingdom 1001 Fairgrounds Dr. Vallejo, CA 94589 Duties Performed Community relations improving presence and awareness of Six Flags Discovery Kingdom and Sox Flags Hurricane Harbor Concord. Assisted with rebrand of Sox Flags Hurricane Harbor Concord. Managed website communications and website transition during rebrand. Financial reporting, performance trend analysis, and forecasting. 3rd Volunteer Work? Yes No 11/15/2017-6/29/2018 70 Marketing Manager Hannah R Brown Page 5 of 7 November 6, 2018 BOS Minutes 466 Position Title Upload a Resume If "Other" was selected please explain Employer's Name and Address Duties Performed Final Questions How did you learn about this vacancy? Contra Costa County Homepage . Do you have a Familial or Financial Relationship with a member of the Board of Supervisors? Yes No If Yes, please identify the nature of the relationship: Do you have any financial relationships with the County such as grants, contracts, or other economic relations? Yes No If Yes, please identify the nature of the relationship: Living in the county, I have an economic relationship with the county through property taxes. This does impact my relationship with the county to a certain extent. Hannah R Brown Page 6 of 7 November 6, 2018 BOS Minutes 467 Please Agree with the Following Statement I understand that this form is a public document and is subject to the California Public Records Act. I Agree Hannah R Brown Page 7 of 7 November 6, 2018 BOS Minutes 468 Submit Date: Aug 21, 2018 Seat Name (if applicable) First Name Middle Initial Last Name Email Address Home Address Suite or Apt City State Postal Code Primary Phone Employer Job Title Occupation Contra Costa County Boards & Commissions Application Form Profile Which Boards would you like to apply for? Commission for Women: Submitted Describe why you are interested in serving on this advisory board/commission (please limit your response to one paragraph). Beyond personal qualifications, the focus and mission of the Commision for Women is one that is truly near and dear to my heart. As a first-generation college and master's graduate of immigrant working-class family, raised by a single mother I first hand have experience the barriers and issues women face today in society. Professionally I have always focused my efforts on empowering California's working families which tend to majority be a household where women are the sole providers. Through my master's program, I understood the power government has not only in shaping local policy but the opportunities they hold when inclusion and representation are exercised. I believe that my unique background makes me an ideal candidate for the Women's Commission in Contra Costa. This application is used for all boards and commissions Dayanna Macias-Carlos Concord CA 94518 The California Endowment Program Associate Dayanna Macias-Carlos Page 1 of 7 November 6, 2018 BOS Minutes 469 If "Other" was Selected Give Highest Grade or Educational Level Achieved Name of College Attended Course of Study / Major Units Completed Degree Type Date Degree Awarded Do you, or a business in which you have a financial interest, have a contract with Contra Costa Co.? Yes No Is a member of your family (or step-family) employed by Contra Costa Co.? Yes No Education History Select the highest level of education you have received: Other College/ University A Type of Units Completed Quarter Degree Awarded? Yes No MPA University of California, Santa Cruz Latin American Latino Studies BA 2009 Dayanna Macias-Carlos Page 2 of 7 November 6, 2018 BOS Minutes 470 Name of College Attended Course of Study / Major Units Completed Degree Type Date Degree Awarded Name of College Attended Course of Study / Major Units Completed College/ University B Type of Units Completed Semester Degree Awarded? Yes No College/ University C Type of Units Completed None Selected Degree Awarded? Yes No University of San Francisco Master of Public Administration MPA 2018 Dayanna Macias-Carlos Page 3 of 7 November 6, 2018 BOS Minutes 471 Degree Type Date Degree Awarded Course Studied Hours Completed Dates (Month, Day, Year) From - To Hours per Week Worked? Position Title Other schools / training completed: Certificate Awarded? Yes No Work History Please provide information on your last three positions, including your current one if you are working. 1st (Most Recent) Volunteer Work? Yes No Employer's Name and Address The California Endowment 2000 Franklin St 4th floor Oakland CA 1/3/2013 - present 40 Program Associate Dayanna Macias-Carlos Page 4 of 7 November 6, 2018 BOS Minutes 472 Dates (Month, Day, Year) From - To Hours per Week Worked? Position Title Dates (Month, Day, Year) From - To Duties Performed Provide programmatic and grant making support, strengthening capacity of grantees to engage in advocacy and communications. Develop, execute and manage portfolio for grants and budgets totaling over $10 million annually. Assist with the development and execution of strategic policy and statewide communications for foundation's initiatives. ● Direct the WE Connect program, which empowers and connects lower-income families to underutilized public resources like CalFresh, health care, and Earned Income Tax Credits. ● Serve as Deputy Campaign Manager leading Spanish communications strategy for $150 million “Asegurate/Get Covered” campaign to enroll Californians in health care through the Affordable Care Act. Manage communications and outreach and enrollment efforts alongside Obama administration, Covered California and other federal and statewide advocates. In California 1.3 million newly eligible individuals signed up for health care coverage. ● Manage communications for “#Health4All” campaign, which aims to highlight contributions of over 1 million undocumented Californians who are excluded from health care access and “Health4All Kids” campaign to enroll over 170,000 undocumented California children into state-funded Medi-Cal. 2nd Volunteer Work? Yes No Employer's Name and Address Duties Performed 3rd Dayanna Macias-Carlos Page 5 of 7 November 6, 2018 BOS Minutes 473 Hours per Week Worked? Position Title Upload a Resume If "Other" was selected please explain Volunteer Work? Yes No Employer's Name and Address Duties Performed Final Questions How did you learn about this vacancy? District Supervisor . Do you have a Familial or Financial Relationship with a member of the Board of Supervisors? Yes No If Yes, please identify the nature of the relationship: Do you have any financial relationships with the County such as grants, contracts, or other economic relations? Yes No DMCarlos_Resume_2018.docx Dayanna Macias-Carlos Page 6 of 7 November 6, 2018 BOS Minutes 474 If Yes, please identify the nature of the relationship: Please Agree with the Following Statement I understand that this form is a public document and is subject to the California Public Records Act. I Agree Dayanna Macias-Carlos Page 7 of 7 November 6, 2018 BOS Minutes 475 Dayanna Macias-Carlos Concord, CA 94518 ● ● The California Endowment ⎢Program Associate ⎢Oakland, CA ⎢ 2013 - Present Provide programmatic and grant making support, strengthening capacity of grantees to engage in advocacy and communications. Develop, execute and manage portfolio for grants and budgets totaling over $10 million annually. Assist with the development and execution of strategic policy and statewide communications for foundation's ini tiatives. ● Direct the WE Connect program, which empowers and connects lower-income families to underutilized public resources like CalFresh, health care, and Earned Income Tax Credits. ● Serve as Deputy Campaign Manager leading Spanish communications strategy for $150 million “Asegurate/Get Covered” campaign to enroll Californians in health care through the Affordable Care Act. Manage communications and outreach and enrollment efforts alongside Obama administration, Covered California and other federal and statewide advocates. In California 1.3 million newly eligible individuals signed up for health care coverage. ● Manage communications for “#Health4All” campaign, which aims to highlight contributions of over 1 million undocumented Californians who are excluded from health care access and “Health4All Kids” campaign to enroll over 170,000 undocumented California children into state-funded Medi-Cal. Dewey Square Group ⎢ Community Affairs Manager ⎢ Sacramento, CA ⎢ 2010 - 2013 Develop and direct brand management for corporate, nonprofit and foundation clients. Manage portfolio inclusive of health, education, immigration, digital divide and financial literacy issues. Increase contracts and grant management totaling profits of over $2.5 million annually. Lead and manage 10+ person in house project team. Client portfolio included services such as: ● Lead and manage statewide efforts for California Emerging Technology Fund ‘Get Covered’ campaign aimed to provide computer literacy education and adoption of broadband to unserved and underserved communities and populations. ● Managed The California Endowment’s Spanish Communications for the ‘Health Happens Aqui’ campaign which challenge conventional assumptions about health and advance health justice and equity in underserved Latino communities. ● Operations management for former First Lady Maria Shriver’s public service programs WE Connect, KIVA and Women's Conference. Strategies including partnerships and coalition building across a diverse set of partners like nonprofits, private sector, government, faith based congregations and community based organization s. Managed large scale public activation events like health care enrollment, tax preparation, voter registration and legal aid services. Management including logistics, volunteer recruitment (100+) and training for event programs. 32 South Inc. ⎢ International Marketing Coordinator ⎢ Santa Cruz, CA ⎢ 2008 - 2013 Develop marketing programs for international clients (Canadian, European and American companies) in Latin American countries including Mexico, Argentina, Chile and Brazil. ● Expanded Latin American client base by 40% in three years, consistently exceeding marketing impact goals and ensuring complete client satisfaction. ● Manage overseas product launch and press events for multiple mobile apps in Latin America. Manag e outreach and initiatives targeted to youth in partnership with private and public universities and government and community organizations. Education University of California, Santa Cruz Bachelor of Arts Latin American Latino Studies & Politics Spring 2009 University of California, Davis Project Management Certification 2016 University of San Francisco Candidate for Master’s in Public Administration May 2018 References Available Upon Request November 6, 2018 BOS Minutes 476 Submit Date: Oct 12, 2018 Seat Name (if applicable) First Name Middle Initial Last Name Email Address Home Address Suite or Apt City State Postal Code Primary Phone Employer Job Title Occupation Contra Costa County Boards & Commissions Application Form Profile Which Boards would you like to apply for? Commission for Women: Submitted Describe why you are interested in serving on this advisory board/commission (please limit your response to one paragraph). Women’s issues in the county I reside This application is used for all boards and commissions Do you, or a business in which you have a financial interest, have a contract with Contra Costa Co.? Yes No Is a member of your family (or step-family) employed by Contra Costa Co.? Yes No Education History Select the highest level of education you have received: High School Diploma At large Lanita L Mims Oakley CA 94561 Tub-A-Roo Entertainment & Events Event Planner / Owner Event Planner Lanita L Mims Page 1 of 5 November 6, 2018 BOS Minutes 477 If "Other" was Selected Give Highest Grade or Educational Level Achieved Name of College Attended Course of Study / Major Units Completed Degree Type Date Degree Awarded Name of College Attended Course of Study / Major Units Completed Degree Type Date Degree Awarded College/ University A Type of Units Completed Semester Degree Awarded? Yes No College/ University B Type of Units Completed Quarter Degree Awarded? Yes No College of Alameda Business Management 18 Merritt College Child Development 10 Lanita L Mims Page 2 of 5 November 6, 2018 BOS Minutes 478 Name of College Attended Course of Study / Major Units Completed Degree Type Date Degree Awarded Course Studied Hours Completed Dates (Month, Day, Year) From - To Hours per Week Worked? College/ University C Type of Units Completed Semester Degree Awarded? Yes No Other schools / training completed: Certificate Awarded? Yes No Work History Please provide information on your last three positions, including your current one if you are working. 1st (Most Recent) SFSU Extention Meeting & Event Planning 25 11/18/2015 - current 20 hours a week Lanita L Mims Page 3 of 5 November 6, 2018 BOS Minutes 479 Position Title Dates (Month, Day, Year) From - To Hours per Week Worked? Position Title Dates (Month, Day, Year) From - To Hours per Week Worked? Position Title Volunteer Work? Yes No Employer's Name and Address Family Builders By Adoption 1900 Embarcadero Oakland,Ca 94621 Duties Performed Develop training curriculum, facilitate trainings, pre-service training 2nd Volunteer Work? Yes No Employer's Name and Address Duties Performed 3rd Volunteer Work? Yes No Training Coordinator Lanita L Mims Page 4 of 5 November 6, 2018 BOS Minutes 480 Upload a Resume If "Other" was selected please explain Employer's Name and Address Duties Performed Final Questions How did you learn about this vacancy? Other . Do you have a Familial or Financial Relationship with a member of the Board of Supervisors? Yes No If Yes, please identify the nature of the relationship: Do you have any financial relationships with the County such as grants, contracts, or other economic relations? Yes No If Yes, please identify the nature of the relationship: Please Agree with the Following Statement I understand that this form is a public document and is subject to the California Public Records Act. I Agree I have served on the Women’s Commission for the last 3 years. Lanita L Mims Page 5 of 5 November 6, 2018 BOS Minutes 481 RECOMMENDATION(S): APPOINT Joan M. D'Onofrio to the At Large 3 seat and Lanita L. Mims to the At Large 4 seat on the Arts and Culture Commission of Contra Costa County (AC5), as recommended by the Family and Human Services Committee. FISCAL IMPACT: There is no fiscal impact. BACKGROUND: The Arts and Culture Commission advises the Board of Supervisors in matters and issues relevant to Arts and Culture, to advance the arts in a way that promotes communication, education, appreciation and collaboration throughout Contra Costa County; to preserve, celebrate, and share the arts and culture of the many diverse ethnic groups who live in Contra Costa County; to create partnerships with business and government; to increase communications and understanding between all citizens through art. Most importantly, the Commission will promote arts and culture as a vital element in the quality of life for all of the citizens of Contra Costa County. AC5 is composed of one representative from each of the five supervisorial districts, four at-large representatives, and one alternate, for a total of ten seats. Appointments are for a four-year period with terms expiring on June 30 of alternating odd numbered years. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/06/2018 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Julia Taylor, 925.335.1043 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 6, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: C. 20 To:Board of Supervisors From:FAMILY & HUMAN SERVICES COMMITTEE Date:November 6, 2018 Contra Costa County Subject:Appointments to the Arts and Culture Commission November 6, 2018 BOS Minutes 482 BACKGROUND: (CONT'D) There are currently three vacant seats on AC5: two At-Large, and one Alternate. At their October meeting, AC5 voted to nominate Joan M. D'Onofrio to At-Large seat 3 and Lanita L. Mims to At-Large seat 4, with terms expiring June 30, 2021. Including these two new appointments, at least one AC5 commissioner would reside in each of the County's five districts. At the October 22, 2018 Family and Human Services Committee, these appointment recommendations were approved. CONSEQUENCE OF NEGATIVE ACTION: The seats will remain vacant, AC5 will not be able to benefit from the contributions of the two new members, and it will be harder to meet quorum to conduct business. ATTACHMENTS J. D'Onofrio Application M. Lanita Application November 6, 2018 BOS Minutes 483 Submit Date: Jun 10, 2018 Seat Name (if applicable) First Name Middle Initial Last Name Email Address Home Address Suite or Apt City State Postal Code Primary Phone Employer Job Title Occupation Contra Costa County Boards & Commissions Application Form Profile Which Boards would you like to apply for? Arts & Culture Commission: Submitted Describe why you are interested in serving on this advisory board/commission (please limit your response to one paragraph). Art is all around us. It is virtually in every facet of society. Everything we see, touch, and feel was designed or conceived of by someone with an interest in and talent for art. Whether visually or digitally created, it starts with the ideas of the individual and is especially important for our children because that is where it all begins. I would like to be a part of promoting, developing, and encouraging our educators, students, and our citizens to understand the importance of art in their lives and know that someone created it and the Arts and Culture Commission of Contra Costa County supports it. This application is used for all boards and commissions At Large Joan M D'Onofrio Michelangelo D'Onofrio Arts Foundation President & Founder Joan M D'Onofrio Page 1 of 6 November 6, 2018 BOS Minutes 484 If "Other" was Selected Give Highest Grade or Educational Level Achieved Name of College Attended Course of Study / Major Units Completed Degree Type Date Degree Awarded Do you, or a business in which you have a financial interest, have a contract with Contra Costa Co.? Yes No Is a member of your family (or step-family) employed by Contra Costa Co.? Yes No Education History Select the highest level of education you have received: Other College/ University A Type of Units Completed None Selected Degree Awarded? Yes No Bachelor of Fine Arts Pratt Institute Art and Design Bachelor of Fine Arts 1960 Joan M D'Onofrio Page 2 of 6 November 6, 2018 BOS Minutes 485 Name of College Attended Course of Study / Major Units Completed Degree Type Date Degree Awarded Name of College Attended Course of Study / Major Units Completed College/ University B Type of Units Completed Semester Degree Awarded? Yes No College/ University C Type of Units Completed None Selected Degree Awarded? Yes No New York University Publishing Associate Degree in Publishing 1989 Joan M D'Onofrio Page 3 of 6 November 6, 2018 BOS Minutes 486 Degree Type Date Degree Awarded Course Studied Hours Completed Dates (Month, Day, Year) From - To Hours per Week Worked? Position Title Other schools / training completed: Certificate Awarded? Yes No Work History Please provide information on your last three positions, including your current one if you are working. 1st (Most Recent) Volunteer Work? Yes No Employer's Name and Address H&R Block Inc 3390 Mt Diablo Blvd Lafayette CA 94549 2002 to present 35 Marketing & Customer Service Joan M D'Onofrio Page 4 of 6 November 6, 2018 BOS Minutes 487 Dates (Month, Day, Year) From - To Hours per Week Worked? Position Title Dates (Month, Day, Year) From - To Hours per Week Worked? Duties Performed Service clients in accordance with company guidelines, ensure seamless client satisfaction, coordinate tax preparers skill-levels with clients needs, assist marketing manager with program preparations and train new hires. 2nd Volunteer Work? Yes No Employer's Name and Address EMC Publishing St Paul, MN Duties Performed Implemented and executed the creative process of all printed materials and ancillary products; managed in-house staff; supervised free-lance designers; contracted with off-site design services that specialized in educational books and electronic packaging products; coordinated and produced design advertising with sales and marketing departments. 3rd Volunteer Work? Yes No 1992-2002 salaried Art Director/Production Manager 1973-1989 salaried Joan M D'Onofrio Page 5 of 6 November 6, 2018 BOS Minutes 488 Position Title Upload a Resume If "Other" was selected please explain Employer's Name and Address Oceana Publication Inc. Division of Oxford University Press 75 Main St Dobbs Ferry NY Duties Performed Responsible for all aspects of legal text publishing; managed the editorial, art, production, and marketing departments; developed budges; founded and implemented student internship programs; produced NY University's Annual Law Review publications; and organized conventions and seminars in London, Rome, and Beijing. Final Questions How did you learn about this vacancy? Other . Do you have a Familial or Financial Relationship with a member of the Board of Supervisors? Yes No If Yes, please identify the nature of the relationship: Do you have any financial relationships with the County such as grants, contracts, or other economic relations? Yes No If Yes, please identify the nature of the relationship: Production Manager/Editorial Director/Art Director RESUME_OF.docx Silvia Ledezma, Commissioner Joan M D'Onofrio Page 6 of 6 November 6, 2018 BOS Minutes 489 JOAN D’ONOFRIO EXPERIENCE & HISTORY 2012 – to present Founder & President MICHELANGELO D’ONOFRIO ARTS FOUNDATION Concord, CA Established a 501 c3 nonprofit charitable foundation devoted exclusively to presenting awards to students in local public schools who demonstrate outstanding talent in the visual and digital arts, present scholarships to seniors who have applied to and been accepted by a college/university to earn a bachelor’s degree and pursue careers in the visual arts 2009 – to present Office Marketing Ambassador / Customer Service Professional / 2009 – to present H&R BLOCK, INC. Walnut Creek, Lafayette, Clayton, Pleasant Hill, CA Service clients in accordance with company guidelines and policies, ensure seamless client satisfaction, coordinate tax preparers’ skill-levels with client needs, assist marketing manager with program preparations, implement local marketing programs, and train new hires 2016 – 2018 Juror SUPERIOR COURT OF THE STATE OF CALIFORNIA Served as a Civil Grand Juror for Contra Costa County 2016 - 2018 term 2002 – 2008 Franchise Owner CURVES FOR WOMEN Piedmont, Walnut Creek, Alamo, Danville, CA Owned four Curves fitness clubs; trained and managed over 35 staff hires; managed day-to-day operations; conducted classes on fitness, nutrition, and diet; worked one-on-one with members that ranged in age from 18 to 87; published a book of club member anecdotes; grew membership from 200 to 6,000; created all marketing and advertising promotions; and served on the East Bay Curves’ Co-op Board 1992 – 2002 Art Director / Production Manager / Marketing Design Coordinator 1991 - 2002 EMC PUBLISHING, INC. St Paul, MN Implemented and executed the creative process of all printed materials and ancillary products; managed in-house staff; supervised free-lance designers; contracted with off-site design services that specialized in educational books and electronic packaging products; coordinated and produced design products with sales and marketing departments 1989 – 1992 Production Manager / Art Director / Purchasing Agent PARADIGM PUBLISHING, INC. Minneapolis, MN Responsible for all aspects of purchasing, production, personnel supervision and graphic design of printed materials including business training and basic skills publications 1973 – 1989 Vice President / Production Manager / Editorial Director / Purchasing Agent / Art Director / International Project Coordinator / Technical Writer OCEANA PUBLICATIONS, INC. (Oxford University Press) New York, NY Responsible for all aspects of legal text publishing; managed the editorial, art, production, and marketing departments; developed departmental budgets; founded and implemented student internship programs; headed team-driven employee incentive programs; produced New York University’s Annual Law Review publication; organized conventions and seminars in London, Rome, and Beijing EDUCATION THE PRATT INSTITUTE BFA, Brooklyn, NY NEW YORK UNIVERSITY Publication Certification, New York, NY November 6, 2018 BOS Minutes 490 COMMUNITY & CORPORATE SERVICES REFERENCES COMMUNITY AND CORPORATE VOLUNTEER PARTICIPATION [Partial list] ROTARY CLUB OF CLAYTON VALLEY Board Member & Newsletter Editor,: Clayton, CA CWC [California Writers Club] Published Author and Member: Pleasant Hill, CA ALAMO MERCHANTS ASSOCIATION Member of the Board and Newsletter Editor: Alamo, CA JOHN MUIR HOSPITAL Volunteer: Walnut Creek, CA BRIGHTON SHORES CONDO Board Member, Secretary and Newsletter Publisher, MN BROADWAY VILLAGE Board Member and Treasurer, Yonkers, NY AIA [American Institute of Architects] Speakers Bureau Chairman: New York, NY NY UNIVERSITY SCHOOL OF LAW Annual Law Review Consultant: New York, NY AMERICAN WOODWIND ORCHESTRA Student Housing Chairman: New York, NY INTERNSHIP PROGRAM DEVELOPER Business & Neighborhood Community Colleges Coordinator: New York, NY November 6, 2018 BOS Minutes 491 Submit Date: Mar 17, 2018 Seat Name (if applicable) First Name Middle Initial Last Name Email Address Home Address Suite or Apt City State Postal Code Primary Phone Employer Job Title Occupation Contra Costa County Boards & Commissions Application Form Profile Which Boards would you like to apply for? Arts & Culture Commission: Submitted Describe why you are interested in serving on this advisory board/commission (please limit your response to one paragraph). I am interested because I would like to get involved with the education of the musical arts as well as be able to support the African American community This application is used for all boards and commissions Do you, or a business in which you have a financial interest, have a contract with Contra Costa Co.? Yes No District 3 Lanita L.Mims Owner Tub-A-Roo Entertainment & Events Event Planner Lanita L. Mims Page 1 of 6 November 6, 2018 BOS Minutes 492 If "Other" was Selected Give Highest Grade or Educational Level Achieved Name of College Attended Course of Study / Major Units Completed Degree Type Date Degree Awarded Is a member of your family (or step-family) employed by Contra Costa Co.? Yes No Education History Select the highest level of education you have received: Other College/ University A Type of Units Completed Semester Degree Awarded? Yes No College/ University B 2 years of college College of Alameda Business 18 Lanita L. Mims Page 2 of 6 November 6, 2018 BOS Minutes 493 Name of College Attended Course of Study / Major Units Completed Degree Type Date Degree Awarded Name of College Attended Course of Study / Major Units Completed Degree Type Type of Units Completed None Selected Degree Awarded? Yes No College/ University C Type of Units Completed None Selected Degree Awarded? Yes No Lanita L. Mims Page 3 of 6 November 6, 2018 BOS Minutes 494 Date Degree Awarded Course Studied Hours Completed Dates (Month, Day, Year) From - To Hours per Week Worked? Position Title Other schools / training completed: Certificate Awarded? Yes No Work History Please provide information on your last three positions, including your current one if you are working. 1st (Most Recent) Volunteer Work? Yes No Employer's Name and Address Family Builders by Adoption Duties Performed Training, curriculum development Meeting and Event Planning 56 11/28/2015 - Current 25 hours a week Training Coordinator Lanita L. Mims Page 4 of 6 November 6, 2018 BOS Minutes 495 Dates (Month, Day, Year) From - To Hours per Week Worked? Position Title Dates (Month, Day, Year) From - To Hours per Week Worked? Position Title 2nd Volunteer Work? Yes No Employer's Name and Address Tub-A-Roo Entertainment & Events Duties Performed Meeting & Event Planning, fundraising, board development, trainings, conferences and workshops and non-profit development 3rd Volunteer Work? Yes No Employer's Name and Address 01/18/1986 - Current 40 Owner Lanita L. Mims Page 5 of 6 November 6, 2018 BOS Minutes 496 Upload a Resume If "Other" was selected please explain Duties Performed Final Questions How did you learn about this vacancy? Contra Costa County Homepage . Do you have a Familial or Financial Relationship with a member of the Board of Supervisors? Yes No If Yes, please identify the nature of the relationship: Do you have any financial relationships with the County such as grants, contracts, or other economic relations? Yes No If Yes, please identify the nature of the relationship: lanita_s_res__2__updated_3_2018_.pages Lanita L. Mims Page 6 of 6 November 6, 2018 BOS Minutes 497 November 6, 2018BOS Minutes498 RECOMMENDATION(S): APPOINT Olga Jones to the At Large 5 seat on the Family and Children's Trust Committee to a new term that will expire on September 30, 2020, as recommended by the Family and Human Services Committee. FISCAL IMPACT: There is no fiscal impact. BACKGROUND: FACT was established in 1982 by the Contra Costa County Board of Supervisors to make funding recommendations on the allocation of a variety of funds for prevention and intervention services to reduce child abuse and neglect, provide supportive services to families and children, and promote a more coordinated, seamless system of services for families. Funding for FACT supported projects derived from Federal and State program legislation, and donations to the County’s Family and Children’s Trust Fund. Every two years, the members of the FACT establish a series of County priorities for the use of these funds through review of existing data and reports and by holding Public Hearings in various areas of the county. The Committee then develops a competitive bidding process to select non-profit, community-based agencies that can best provide the services determined to be most important. Program recommendations APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/06/2018 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Julia Taylor, 925.335.1043 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 6, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: C. 21 To:Board of Supervisors From:FAMILY & HUMAN SERVICES COMMITTEE Date:November 6, 2018 Contra Costa County Subject:Appointment to the Family and Children's Trust Committee November 6, 2018 BOS Minutes 499 BACKGROUND: (CONT'D) are made to the Board of Supervisors which makes the final funding decisions. The Committee continues to evaluate these funded programs to ensure continued provision of quality service and achievement of stated goals. FACT has up to fifteen members who are appointed by the Board and include citizens with expertise in children’s issues, education, law, non-profit agency management, public health, and program research/evaluation. In addition, the Director of the Child Abuse Prevention Council sits as ex-officio member of the Committee and participates in all matters except actually voting on funding recommendations. Terms for all Commission seats are two years. FACT Committee membership consists of the following: five At-Large seats; one representative from each of the five Supervisorial Districts; five discipline/sector specific seats. There are currently 12 seats filled and there are three vacancies on FACT. The Committee has vacancies in the Seat 3-Local Planning Council, At-Large Seat 5, and District III seat. Seat 3, Local Planning Council was declared vacant due to committee member resignation on October 18, 2016. The FACT Committee is actively recruiting to fill Seat 3. Current FACT Committee seat members live or work in the following areas of the county: East (1): Discipline Specific; Central/South (10): Two discipline specific, Five At-Large, Districts II, IV and V; West (1): District I. At the October 22, 2018 Family and Human Services Committee meeting, the appointment of Olga Jones to the At Large 5 seat was approved. This appointment term would expire September 30, 2020. CONSEQUENCE OF NEGATIVE ACTION: The seat will remain vacant. ATTACHMENTS O. Jones Application FACT Appointment Memo November 6, 2018 BOS Minutes 500 November 6, 2018 BOS Minutes 501 November 6, 2018 BOS Minutes 502 November 6, 2018 BOS Minutes 503 November 6, 2018 BOS Minutes 504 1 40 Douglas Drive, Martinez, CA 94553 (925) 608-5000 Fax (925) 313-9748 www.ehsd.org To : Family a nd Human Services Committ ee Supervis or Candace Andersen, Dist rict II, Cha ir Supervis or John Gioia, Dist rict I, Vice-Cha ir Date: October 22, 2018 CC: From: Kathy Ga llagher, EHSD Director Juliana Mondragon, FACT Staff Subject: The Employment and Human Services Department Director, Ka thy Ga llagher, respec tfully reque sts tha t the Family and Human Services Committee accepts this recommendation to appoint the follow ing applicant to the A t-Large seat 5 ust (FACT) Committee. Name Seat Area Olga Jone s At-Large Seat 5 Central County At-Large Seat 5 is vacant due to the term of the incumbent expiring. The incumbent chose not to renew. Ms. Jone s previously served in the Dist rict III seat, however she moved out of Dist rict III in the summer of 2018. PURPOSE O F COMMITTEE _________________________________________ The purpose of this Committee is to e stablis h priorities and make funding recommendations to the Board of Supervis or s on the a lloca tion of spec ific funds for the prevention/ameliora tion of child abuse and neglect, and the promotion of positive fa mily func tioning. The se funds inc lude : Child Abuse P revention, Intervention, and Trea tment funds (CAP IT) funds, (A B 1733), Birth Certif icate revenue to the County -Based Child Abuse P revention funds (CBCAP ) and other funds as may be subsequently directed by the Board of Supervis or s. The FACT Committee als o provide s infor mation and da ta to the Employment and Human Services Department on the effec tivene ss of current and proposed programs for families and children and on recent , c lients, or funding mechanisms . SUMMARY OF RECRUITMENT EFFORTS/NOMINIEES FOR MEMBERSHIP The FACT Committee continue s to make every effort to f ill its vacant seats. These efforts inc lude contacting ic notice, inviting interested parties to consider member ship and soliciting the support of current member s to outreach to potential candida tes for considera tion for member ship. M E M O R A N D U M Kathy Ga llagher, Director November 6, 2018 BOS Minutes 505 2 FACT Committee membership consists of the follow ing: Five A t-Large seats One representative from each of the five Supervis or ial Dist ricts Five dis cipline /sector spec ific seats There are currently 12 seats f illed and there are three vacancies on FACT. The Committee has vacancies in the dis cipline-spec ific Seat 3-Local Planning Counc il, the D ist rict III seat, and A t-Large #5. Seat 3, Local Planning Counc il was declared vacant due to committee member re signa tion on Oc tober 18, 2016. The FACT Committee is active ly recruiting to f ill Seat 3. Current FACT Committ ee seat members live or work in the following area s of the county: East (1): One dis cipline spec ific Central/S outh (10): Two dis cipline spec ific, Five A t-Large, Dist ricts II, IV and V West (1): Dist rict I Candida tes for appointment to the FACT Committ ee will serve a two-year term. At-Large Seat 5 is set to expire on September 30, 2020. Ms. Jone s has expressed a sincere interest in continuing to serve on the Committee and is dedicated to Based on the above information, the D irector of EH SD, on beha lf of the FACT Committ ee, respec tfully recommends tha t the FHS Committ ee appoint Ms . Jone s to continued member ship on the FACT Committee. Enc. Board, Committees, and Commission Application for Olga Jones November 6, 2018 BOS Minutes 506 RECOMMENDATION(S): APPROVE the medical staff appointments, affiliations and advancements as recommend by the Medical Staff Executive Committee, at their October 15, 2018 meeting, and by the Health Services Director. FISCAL IMPACT: Not applicable. BACKGROUND: The Joint Commission has requested that evidence of Board of Supervisors approval for each Medical Staff member will be placed in his or her Credentials File. The above recommendations for appointment/reappointment were reviewed by the Credentials Committee and approved by the Medical Executive Committee. CONSEQUENCE OF NEGATIVE ACTION: If this action is not approved, the Contra Costa Regional Medical and Contra Costa Health Centers' medical staff would not be appropriately credentialed and not be in compliance with The Joint Commission. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/06/2018 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: 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: November 6, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: Marcy Wilhelm, James Ham C. 22 To:Board of Supervisors From:Anna Roth, Health Services Director Date:November 6, 2018 Contra Costa County Subject:Medical Staff Appointments and Reappointments – October, 2018 November 6, 2018 BOS Minutes 507 ATTACHMENTS Attachment November 6, 2018 BOS Minutes 508 MEC Recommendations – October Definitions: A=Active C=Courtesy Aff=Affiliate P/A= Provisional Active P/C= Provisional Courtesy Page 1 A. New Medical Staff Members Berrett, Brian, MD Psychiatry/Psychology Boittin, Nathalie, MD Obstetrics/Gynecology Halabi, Cathra, MD Internal Medicine-tele Neurology Hawkins, John, DO Psychiatry/Psychology Hoffman, Joan, MD DFAM Maurer, Toby, MD Internal Medicine O’Donnell, Nana, PhD Psychiatry/Psychology Psoinos, Daniel, DO Psychiatry/Psychology Santos, Riza, DMD Dentistry Unemori, Patrick, MD Internal Medicine-Dermatology West, Samuel, DDS Dental B. Application for Staff Affiliation Koch, Natalie, NP DFAM C. Advance to Non-Provisional Barron, Danica, MD Emergency Medicine Chong, Kenneth, MD Diagnostic Imaging (vRad) Hecht, Adam, MD Diagnostic Imaging (vRad) Jones, Kendall, MD Diagnostic Imaging (vRad) Kaplan, Richard, MD Diagnostic Imaging (vRad) Kinsey, Genevieve, MD Pediatrics (Neonatology) Kompala, Sushila, MD Diagnostic Imaging (vRad) Schimek, Trisha, MD DFAM Tsui, Cynthia, MD Internal Medicine (Nephrology) Willingham, John, DDS Dental November 6, 2018 BOS Minutes 509 MEC Recommendations – October Definitions: A=Active C=Courtesy Aff=Affiliate P/A= Provisional Active P/C= Provisional Courtesy Page 2 D. Biennial Reappointments Buck, Adam, MD Hospital Medicine A Castillo, Peter, MD OB/GYN C Chan, Lilian, MD DFAM A Farey, Krista, MD DFAM A Forkin, Daniel, MD Psychiatry/Psychology C Gonzalez, Erik, MD DFAM P Graham, Oliver, MD Hospital Medicine A Guterman, Elan, MD Internal Medicine-Neurology P Gynn, Michael, MD Surgery-General A Jones, John, MD Psychiatry/Psychology C Kelly, Olga, MD Pediatrics A Knoll, Michael, DDS Dental A Lewis, Flynne, MD Pediatrics A Nguyen, Nananh, MD Diagnostic Imaging C Perez, Greta, MD DFAM A Pulvers, Evan, MD DFAM P Samplin, Erin, MD Psychiatry/Psychology P Stone, David, MD Internal Medicine-Rheumatology A Torres, Marcella, MD DFAM P Tremain, Steve, MD DFAM Admin Wirengard, Yana, MD Surgery-General A Ziegler, Sean, MD Psychiatry/Psychology P E. Biennial Renew of Privileges Ayala, Miguel, NP DFAM AFF Cheun, Ae Sil, NP DFAM AFF Furtado, Marcia, NP DFAM AFF F. Voluntary Resignations Bland, Gerard, MD Emergency Medicine Bolton, Michael, MD Psychiatry/Psychology Johns, Jeffery, MD Psychiatry/Psychology Kumar, Pradeep, MD Psychiatry/Psychology Zamani, Christopher, MD DFAM G. Voluntary Application Withdrawal Bolton, Michael, MD Psychiatry/Psychology November 6, 2018 BOS Minutes 510 RECOMMENDATION(S): APPOINT Karen Garcia to the Unincorporated Resident Seat 4 on the North Richmond Municipal Advisory Council with a term expiring December 31, 2018, as recommended by Supervisor Gioia. FISCAL IMPACT: None. BACKGROUND: The Council shall advise the Board on: 1. Services which are or may be provided to the North Richmond Community by the County or other local governmental agencies. Such services include, but are not limited to, public health, safety, welfare, public works and planning. 2. The feasibility of organizing the existing special districts serving the North Richmond Community in order to more efficiently provide public services such as, but not limited to, water, sewer, fire, parks and recreation, and infrastructure improvements. The Council may: 1. Represent the North Richmond Community before the Local Agency Formation Commission on proposed boundary changes affecting APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/06/2018 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Robert Rogers 5102318688 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 6, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: C. 23 To:Board of Supervisors From:John Gioia, District I Supervisor Date:November 6, 2018 Contra Costa County Subject:APPOINT Karen Garcia to the Unincorporated Seat 4 on the North Richmond Municipal Advisory Council November 6, 2018 BOS Minutes 511 BACKGROUND: (CONT'D) the community. 2. Represent the North Richmond community before the County Planning Commission(s) and the Zoning Administrator on land use and other planning matters affecting the community. In this regard, the Council shall cooperate with other planning advisory bodies in the North Richmond County area in order to avoid duplication and delay in the planning process. 3. Provide input and reports to the Board, County staff or any County hearing body on issues of concern to the North Richmond Community. It is understood that the Board is the final decision making authority with respect to issues concerning the North Richmond Community and that the council shall serve solely in an advisory capacity. Except as specified above, the council may not represent the North Richmond Community to any State, County, city special district or school district, agency or commission, or any other organization on any matter concerning the community. Ms. Garcia wishes to serve as a volunteer partner and leader in North Richmond and occupy this seat. Supervisor Gioia recruits for his advisory body openings in a number of ways including through his website, email blasts, newsletters, social media and traditional media, and interviews eligible candidates. ATTACHMENTS Karen Garcia NRMAC application November 6, 2018 BOS Minutes 512 November 6, 2018 BOS Minutes 513 November 6, 2018 BOS Minutes 514 November 6, 2018 BOS Minutes 515 RECOMMENDATION(S): Supervisor Gioia wishes to appoint Cloudell Douglas to the District 1 Public Sector seat of the Economic Opportunity Council to a term expiring on 6/30/2022, as recommended by Supervisor Gioia. FISCAL IMPACT: None BACKGROUND: The Economic Opportunity Council makes recommendations to the Board of Supervisors on all program proposals and budgets related to Community Services Block Grant and the Weatherization program, and performs other functions as specified in the Economic Opportunity Act of 1964. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/06/2018 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: James Lyons, 510-231-8692 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 6, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: C. 24 To:Board of Supervisors From:John Gioia, District I Supervisor Date:November 6, 2018 Contra Costa County Subject:Appoint Cloudell Douglas to the District 1 Public Sector seat of the Economic Opportunity Council November 6, 2018 BOS Minutes 516 ATTACHMENTS Cloudell_Douglas_Application November 6, 2018 BOS Minutes 517 Submit Date: Mar 22, 2018 Seat Name (if applicable) First Name Middle Initial Last Name Email Address Home Address Suite or Apt City State Postal Code Primary Phone Employer Job Title Occupation Contra Costa County Boards & Commissions Application Form Profile Which Boards would you like to apply for? Economic Opportunity Council: Submitted Describe why you are interested in serving on this advisory board/commission (please limit your response to one paragraph). I live and work in Contra Costa area also the Nonprofit which I am the chair of represents Northern California. Our Nonprofits goals are Organizing workers,Social justice ,Student scholarship & Leadership,Environmental Justice ,Health & Safety Training and Research and Education. This application is used for all boards and commissions Do you, or a business in which you have a financial interest, have a contract with Contra Costa Co.? Yes No Private/Non-Profit Sector Cloudell Douglas cloudell@sbcglobal.net 103 San Ramon Ct. San Pablo CA 94806 Mobile: (415) 716-6133 PG&E Lineman High Voltage Electrical Worker Cloudell Douglas Page 1 of 6 November 6, 2018 BOS Minutes 518 If "Other" was Selected Give Highest Grade or Educational Level Achieved Name of College Attended Course of Study / Major Units Completed Degree Type Date Degree Awarded Is a member of your family (or step-family) employed by Contra Costa Co.? Yes No Education History Select the highest level of education you have received: High School Diploma College/ University A Type of Units Completed Quarter Degree Awarded? Yes No College/ University B N/A CCSF African Lit N/A N/A N/A Cloudell Douglas Page 2 of 6 November 6, 2018 BOS Minutes 519 Name of College Attended Course of Study / Major Units Completed Degree Type Date Degree Awarded Name of College Attended Course of Study / Major Units Completed Degree Type Type of Units Completed None Selected Degree Awarded? Yes No College/ University C Type of Units Completed None Selected Degree Awarded? Yes No N/A N/A N/A N/A N/A N/A N/A N/A N/A Cloudell Douglas Page 3 of 6 November 6, 2018 BOS Minutes 520 Date Degree Awarded Course Studied Hours Completed Dates (Month, Day, Year) From - To Hours per Week Worked? Position Title Other schools / training completed: Certificate Awarded? Yes No Work History Please provide information on your last three positions, including your current one if you are working. 1st (Most Recent) Volunteer Work? Yes No Employer's Name and Address 55 Beale SF Ca Duties Performed Maintain electric distribution system N/A N/A N/A 6-02-2006 to Present 40 Lineman Cloudell Douglas Page 4 of 6 November 6, 2018 BOS Minutes 521 Dates (Month, Day, Year) From - To Hours per Week Worked? Position Title Dates (Month, Day, Year) From - To Hours per Week Worked? Position Title 2nd Volunteer Work? Yes No Employer's Name and Address Tutor and Saliba Duties Performed Retrofit Bridge Structure Welding 3rd Volunteer Work? Yes No Employer's Name and Address N/A 2-01-1996 to 5-01-2004 40 Ironworker N/A N/A N/A Cloudell Douglas Page 5 of 6 November 6, 2018 BOS Minutes 522 Upload a Resume If "Other" was selected please explain Duties Performed N/A Final Questions How did you learn about this vacancy? Other . Do you have a Familial or Financial Relationship with a member of the Board of Supervisors? Yes No If Yes, please identify the nature of the relationship: N/A Do you have any financial relationships with the County such as grants, contracts, or other economic relations? Yes No If Yes, please identify the nature of the relationship: N/A cloudell_douglas_resume.pdf contra costa labor council Cloudell Douglas Page 6 of 6 November 6, 2018 BOS Minutes 523 OBJECTIVE To be Hired as Electrical Line Worker (Lineman) EXPERIENCE JOURNEYMEN ELECTRICAL LINEMEN PACIFIC GAS & ELECTRIC — 2006-PRESENT Restore and Maintain Distribution Electrical Facilities Install and Remove poles, cross arms, Remove and Install Transformers and Switches Current Grounding standards, High voltage Rubber Glove Work and Hot Sticks Restoration and Trouble Shooting of High Voltage Circuits Ability to supervise and assist in evaluating the work of subordinate personnel, proficient in pole top, bucket and vault rescue, Digger derrick trained Journeyman Ironworker Walters & Wolf (Various Companies) — 1996-2006 Reinforcing Steel, Certified Structural Welder, Miscellaneous and Ornamental EDUCATION International Brotherhood of Electrical Workers Joint Apprenticeship 2008-2011 Int’l Assoc. of Bridge Structural Ornamental and Reinforcing Apprenticeship1996-1999 San Francisco City College Balboa High School 1988-1992 103 San Ramon Ct. San Pablo Ca 94806 415-716-6133 cloudell@sbcglobal.net CLOUDELL DOUGLAS JR November 6, 2018 BOS Minutes 524 REFERENCES Gary Kelley PG&E Electric Crew Foreman 510-385-8621 Anthony Brown IBEW Local 1245 Sr. Business Representative 510-423-8381 November 6, 2018 BOS Minutes 525 RECOMMENDATION(S): APPROVE Appropriation and Revenue Adjustment No. 5018 increasing fiscal year 2018/19 revenue and appropriations in the Sheriff's Office (0255) in the amount of $100,000 to reflect anticipated revenue and expenditures associated with the purchase of Primary Disaster and Recovery (PR/DR) licenses. FISCAL IMPACT: This action increases fiscal year 2018/19 revenue and appropriations by $100,000. $100,000 from CAL ID Funds. No change in net county cost. BACKGROUND: In 1985, the legislators enacted California Penal Code (PC) section 1112.1. The law directed the California Department of Justice (DOJ) to develop a California Identification System (CAL-ID). The CAL-ID local RAN (Remote Access Network) board approved funding in fiscal year 18/19 in the amount of $100,000 for the purchase of PR/DR licenses. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/06/2018 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Liz Arbuckle (925) 335-1529 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 6, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: Liz Arbuckle, Heike Anderson, Paul Reyes C. 25 To:Board of Supervisors From:David O. Livingston, Sheriff-Coroner Date:November 6, 2018 Contra Costa County Subject:Cal ID Appropriation Adjustment - Primary Disaster and Recovery hardware November 6, 2018 BOS Minutes 526 CONSEQUENCE OF NEGATIVE ACTION: Fiscal year 2018/19 appropriations and revenue will not accurately reflect anticipated revenue and expenditures. AGENDA ATTACHMENTS TC24/27_5018 MINUTES ATTACHMENTS Signed: Appropriations & Adjustment No. 5018 November 6, 2018 BOS Minutes 527 November 6, 2018 BOS Minutes 528 November 6, 2018 BOS Minutes 529 November 6, 2018 BOS Minutes 530 November 6, 2018 BOS Minutes 531 RECOMMENDATION(S): APPROVE Appropriation and Revenue Adjustment No.5020 and AUTHORIZE the transfer of appropriations in the amount of $140,000 from Facilities Maintenance to ISF Fleet Services for the purchase of four vehicles, as recommended by the Public Works Director, Countywide. FISCAL IMPACT: This action increases appropriations in ISF Fleet Services (4284) and reduces appropriations in Facilities Maintenance (4031) by $140,000. BACKGROUND: The Facilities Maintenance Division has hired additional staff and needs to provide vehicles to the staff in order to meet the needs of the job. The purchase of the vehicles was included in the FY2018/19 Facilities capital budget. CONSEQUENCE OF NEGATIVE ACTION: If this Appropriation Adjustment is not approved, the Division will not be able to purchase the vehicles needed to provide services throughout the County. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/06/2018 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: 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: November 6, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: C. 26 To:Board of Supervisors From:Brian M. Balbas, Public Works Director/Chief Engineer Date:November 6, 2018 Contra Costa County Subject:Appropriation and Revenue Adjustment for the Purchase of 4 Vehicles for Public Works Facilities Maintenance November 6, 2018 BOS Minutes 532 AGENDA ATTACHMENTS TC24/27_5020 MINUTES ATTACHMENTS Signed: Appropriation & Adjustment No. 5020 November 6, 2018 BOS Minutes 533 November 6, 2018 BOS Minutes 534 November 6, 2018 BOS Minutes 535 November 6, 2018 BOS Minutes 536 November 6, 2018 BOS Minutes 537 RECOMMENDATION(S): APPROVE Appropriation and Revenue Adjustment No.5021 authorizing revenue in the amount of $148,442 from accumulated depreciation to appropriate to purchase one replacement prisoner transport bus for the Office of the Sheriff, as recommended by the Public Works Director, Countywide. FISCAL IMPACT: This action provides appropriations from depreciation for the replacement of one vehicle. Equipment #6613 will be replaced with one Prisoner Transport Bus for an estimated cost of $183,324. This purchase will be funded with accumulated depreciation ($148,442) and funds from the Office of the Sheriff FY2018-19 budget ($34,882). BACKGROUND: The Office of the Sheriff is turning in one prisoner transport bus and purchasing one replacement bus. The current equipment has repeated mechanical issues. The vehicle condition can lead to employee and inmate injury. The cost of continued repair has exceeded the remaining value. The replacement equipment will be a 2018 Ford F-650 Chassis. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/06/2018 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: 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: November 6, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: C. 27 To:Board of Supervisors From:Brian M. Balbas, Public Works Director/Chief Engineer Date:November 6, 2018 Contra Costa County Subject:Appropriation and Revenue Adjustment for Prisoner Transport Bus November 6, 2018 BOS Minutes 538 CONSEQUENCE OF NEGATIVE ACTION: If this request is not approved, the Office of the Sheriff will not be able to use the accumulated depreciation for equipment #6613 that is being replaced toward the purchase cost of the replacement equipment. AGENDA ATTACHMENTS TC24/27_5021 MINUTES ATTACHMENTS Signed: Appropriations & Adjustment No. 5021 November 6, 2018 BOS Minutes 539 November 6, 2018 BOS Minutes 540 November 6, 2018 BOS Minutes 541 November 6, 2018 BOS Minutes 542 November 6, 2018 BOS Minutes 543 RECOMMENDATION(S): APPROVE Appropriations and Revenue Adjustment No. 5022 authorizing new revenue in the amount of $124,000 to provide replacement and expansion of computer hardware equipment and software licenses for Automated Regional Information Exchange System (ARIES). FISCAL IMPACT: This action increases revenue and appropriations by $124,000. Funded by the Urban Areas Security Initiative (UASI) 2017 grant. No change in Net County Cost. BACKGROUND: The Automated Regional Information Exchange System (ARIES) is a software application owned by Contra Costa County, and used by the County and other law enforcement agencies to manage criminal justice data collected from law enforcement agencies. ARIES manages the data provided by local law enforcement agencies that is stored on the County servers. ARIES serves more than 9,106 users from over 93 different agencies. The projects serve to renew critical infrastructure, enhance system redundancy and expand capacity APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/06/2018 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Liz Arbuckle, (925) 335-1529 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 6, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: Liz Arbuckle, Heike Anderson, Paul Reyes C. 28 To:Board of Supervisors From:David O. Livingston, Sheriff-Coroner Date:November 6, 2018 Contra Costa County Subject:Appropriation Adjustment - ARIES November 6, 2018 BOS Minutes 544 BACKGROUND: (CONT'D) for growing demand. Dell is the vendor who will supply the equipment to support these projects. Dell has experience partnering with government agencies of all sizes to help deliver IT services that improve delivery and reduce costs. In addition to Dell’s reputation amongst government agencies, the Office of the Sheriff –Technical Services has a long history of working with the Dell’s equipment and infrastructure environment. It would be to ARIES’ advantage to leverage the knowledge, skills and experience that the Technical Services unit has accumulated over the years by working with Dell. CONSEQUENCE OF NEGATIVE ACTION: Continued use of the servers after its manufacturer’s warranty has expired introduces the greatest danger to ARIES’ continuity. If parts fail, ARIES has no guarantee parts can be procured. Security exploits may no longer be patched. Vendors may stop supporting and offering software that the equipment needs and depends on. Due to these reasons and more, it’s critical to replace the current expired infrastructure. The purpose of enhancing system redundancy is to duplicate the critical components of ARIES system with the intention of increasing reliability of the servers. Currently there is no redundancy infrastructure in place to protect ARIES from destructive activity. If this purchase is not approved, there is no plan in place to ensure that essential data processing operational tasks can be conducted after the disruption and unable to facilitate the rapid restoration of a data processing system following an interruption. AGENDA ATTACHMENTS TC24/27_5022 MINUTES ATTACHMENTS Signed: Appropriations & Adjustment No. 5022 November 6, 2018 BOS Minutes 545 November 6, 2018 BOS Minutes 546 November 6, 2018 BOS Minutes 547 November 6, 2018 BOS Minutes 548 November 6, 2018 BOS Minutes 549 RECOMMENDATION(S): ADOPT Position Adjustment Resolution No. 22374 to add one (1) Clerk Senior-Level (JWXC) position at salary level 3RX-1133 ($3,406.49 - $4,350.23) and cancel one (1) vacant Account Clerk – Experienced Level (JDVC) position #8003 at salary level 3RH-0755 ($3,387.30 - $4,199.24 ) in the Health Services Department. (Represented) FISCAL IMPACT: Upon approval, this action has an annual cost of $2,663.46 with increased pension cost of $643.22. The cost is entirely offset with 100% HMO Enterprise Funds. BACKGROUND: The Contra Costa Health Plan Claims Unit in Business Services recently extended its phone hours to 5 p.m. Monday-Friday, which requires the department to have another full time position assigned to the support staff team to provide phone coverage regarding claim status and receipt of claims from providers. The Account Clerk positions in the CCHP Claims unit are primarily assigned to processing medical claims, as Claims Examiners, and do more financial-based job duties such as contract calculations and fee schedule applications for payment. Within the CCHP Claims Unit is also a group of clerical positions assigned to the Support Staff. These clerical positions are assigned to answer provider phone calls regarding APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/06/2018 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Jacqueline Kidd 925-957-5240 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 6, 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:Anna Roth, Health Services Date:November 6, 2018 Contra Costa County Subject:Add one Clerk Senior-Level and Cancel one Account Clerk Experienced-Level positions in the Health Services Department. November 6, 2018 BOS Minutes 550 BACKGROUND: (CONT'D) claim status and receipt of claims. They also do data entry, follow up on claim status tracer sheets, and receive and enter provider payment disputes. The department is canceling the vacant Account Clerk - Experienced Level position #8003 and adding one Clerk Senior Level Clerk position in order to fill the need on the clerical support staff team, which was created due to the extension of phone hours. CONSEQUENCE OF NEGATIVE ACTION: If this action is not approved, the Business Services Unit of the Contra Costa Health Plan will not have adequate staff to provide phone coverage regarding claim status and receipt of claims from providers. AGENDA ATTACHMENTS P300 22374: Add Clerk Sr Level and Cxl Acct Clerk Exp Level in HSD MINUTES ATTACHMENTS Signed P300 22374 November 6, 2018 BOS Minutes 551 November 6, 2018 BOS Minutes 552 POSITION ADJUSTMENT REQUEST NO. 22374 DATE 10/10/2018 Department No./ Department Health Services Budget Unit No. 0460 Org No. 6114 Agency No. A18 Action Requested: Add one (1) permanent Clerk Senior-Level (JWXC) position at salary level 3RX-1133 ($3,406.49 - $4,350.23) and Cancel one (1) vacant Account Clerk Experienced- Level (JDVC) position #8003 at salary level 3RH-0755 ($3,387.30 - $4,199.24) in the Health Services Department. (Represented) Proposed Effective Date: 10/24/2018 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 $2,663.46 Net County Cost Total this FY $1,553.69 N.C.C. this FY SOURCE OF FUNDING TO OFFSET ADJUSTMENT 100% HMO Enterprise Funds Department must initiate necessary adjustment and submit to CAO. Use additional sheet for further explanations or comments. Jacqueline Kidd ______________________________________ (for) Department Head REVIEWED BY CAO AND RELEASED TO HUMAN RESOURCES DEPARTMENT ___________________________________ ________________ Deputy County Administrator Date HUMAN RESOURCES DEPARTMENT RECOMMENDATIONS DATE Exempt from Human Resources review under delegated authority. Amend Resolution 71/17 establishing positions and resolutions allocating classes to the Basic / Exempt salary schedule. Effective: 11/01/2018 (Date) ___________________________________ ________________ (for) Director of Human Resources Date COUNTY ADMINISTRATOR RECOMMENDATION: DATE 10/30/18 Approve Recommendation of Director of Human Resources Disapprove Recommendation of Director of Human Resources /s/ Julie DiMaggio Enea Other: Approve as recommended by the department. ___________________________________ (for) County Administrator BOARD OF SUPERVISORS ACTION: David J. Twa, Clerk of the Board of Supervisors Adjustment is APPROVED DISAPPROVED and County Administrator DATE BY APPROVAL OF THIS ADJUSTMENT CONSTITUTES A PERSONNEL / SALARY RESOLUTION AMENDMENT POSITION ADJUSTMENT ACTION TO BE COMPLETED BY HUMAN RESOURCES DEPARTMENT FOLLOWING BOARD ACTION Adjust class(es) / position(s) as follows: P300 (M347) Rev 3/15/01 November 6, 2018 BOS Minutes 553 REQUEST FOR PROJECT POSITIONS Department Date 10/30/2018 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 November 6, 2018 BOS Minutes 554 RECOMMENDATION(S): ADOPT Position Adjustment Resolution No. 22375 to add one (1) Clerk Specialist-Level (JWXD) position at salary level 3RX-1156 ($3,847.68 - $4,913.64), and cancel one (1) vacant Secretary Journey-Level (J3TF) position #14716 at salary level 3R2-1015 ($3,466.77 - $4,778.98 ) in the Health Services Department. (Represented) FISCAL IMPACT: Upon approval, this action has an annual cost of $2,375.40 with increased pension cost of $573.66. The cost is entirely offset with 100% HMO Enterprise Funds. BACKGROUND: The Contra Costa Health Plan Provider Relations Program is redesigned to add one Clerk Specialist Level position in its contract management unit. The Clerk Specialist-Level would be responsible for contract management to process provider and vendor contracts, single patient agreements, state contract addendums and change orders, assist with contract negotiations and maintain and track all contracts and documents in an Access database. This position has a direct impact on obtaining required services for our members. Without the expertise in processing contracts, the members would not have timely access to medically needed services. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/06/2018 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Jacqueline Kidd 925-957-5240 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 6, 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:Anna Roth, Health Services Date:November 6, 2018 Contra Costa County Subject:Add a Clerk Specialist-Level position and Cancel a SecretaryJourney-Level position in the Health Services Department November 6, 2018 BOS Minutes 555 BACKGROUND: (CONT'D) The department has determined that the Secretary Journey-Level position will not meet the operational needs of the unit as the duties are more in the scope of the Clerk Specialist Level. The incumbent is retiring on October 31, 2018, and the vacant position will be canceled effective November 1, 2018. CONSEQUENCE OF NEGATIVE ACTION: If this action is not approved, the Provider Relations Division of the Contra Costa Health Plan in Health Services will not have adequate staff to process provider and vendor contracts, single patient agreements, state contract addendums and change orders, assist with contract negotiations and maintain and track all contracts and documents in an Access database. This position has a direct impact on obtaining required services for our members. AGENDA ATTACHMENTS P300 22375: Add one Clerk-Specialist Lvl and Cxl one Secretary-Journey Lvl in HSD MINUTES ATTACHMENTS Signed P300 22375 November 6, 2018 BOS Minutes 556 POSITION ADJUSTMENT REQUEST NO. 22375 DATE 10/10/2018 Department No./ Department Health Services Budget Unit No. 0460 Org No. 6125 Agency No. A18 Action Requested: Add one (1) permanent Clerk-Specialist-Level (JWXD) position at salary level 3RX-1156 ($3,847.68 - $4,913.64) and Cancel one (1) vacant Secretary Journey-Level (J3TF) position #14716 at salary level 3R2-1015 ($3,466.77 - $4,778.98) in the Health Services Department. (Represented) Proposed Effective Date: 11/01/2018 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 $2,375.40 Net County Cost Total this FY $1,385.65 N.C.C. this FY SOURCE OF FUNDING TO OFFSET ADJUSTMENT 100% HMO Enterprise Funds Department must initiate necessary adjustment and submit to CAO. Use additional sheet for further explanations or comments. Jacqueline Kidd ______________________________________ (for) Department Head REVIEWED BY CAO AND RELEASED TO HUMAN RESOURCES DEPARTMENT ___________________________________ ________________ Deputy County Administrator Date HUMAN RESOURCES DEPARTMENT RECOMMENDATIONS DATE Exempt from Human Resources review under delegated authority. Amend Resolution 71/17 establishing positions and resolutions allocating classes to the Basic / Exempt salary schedule. Effective: Day following Board Action. (Date) ___________________________________ ________________ (for) Director of Human Resourc es Date COUNTY ADMINISTRATOR RECOMMENDATION: DATE 10/30/18 Approve Recommendation of Director of Human Resources Disapprove Recommendation of Director of Human Resources /s/ Julie DiMaggio Enea Other: Approve as recommended by the department. ___________________________________ (for) County Administrator BOARD OF SUPERVISORS ACTION: David J. Twa, Clerk of the Board of Supervisors Adjustment is APPROVED DISAPPROVED and County Administrator DATE BY APPROVAL OF THIS ADJUSTMENT CONSTITUTES A PERSONNEL / SALARY RESOLUTION AMENDMENT POSITION ADJUSTMENT ACTION TO BE COMPLETED BY HUMAN RESOURCES DEPARTMENT FOLLOWING BOARD ACTION Adjust class(es) / position(s) as follows: P300 (M347) Rev 3/15/01 November 6, 2018 BOS Minutes 557 REQUEST FOR PROJECT POSITIONS Department Date 10/30/2018 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 November 6, 2018 BOS Minutes 558 November 6, 2018 BOS Minutes 559 RECOMMENDATION(S): ADOPT Position Adjustment Resolution No. 22376 to add three (3) full-time Substance Abuse Counselor (VHVC) positions at salary level TC5-1436 ($5,090-$6,187) in the Health Services Department. (Represented) FISCAL IMPACT: Upon approval, this action will have an annual cost of $396,444 including pension cost of $84,817. Funding for each position will come from Substance Abuse and Mental Health CalWORKS (SAMHWorks), Family Dependency Court and AB109 (screening and classes). BACKGROUND: The Health Services Department is requesting to add three (3) full-time Substance Abuse Counselor positions to its Alcohol and Other Drug unit with Behavioral Health Division. These positions are needed to staff the Family Dependency Court Behavioral Health Access line to support the need of pregnant women and women with children and to attend court proceedings, to conduct SAMHWorks American Society of Addiction Medicine (ASAM) assessment screening, and provide the AB 109 clients with early engagement and recovery support activities. The counselors will provide substance use disorder counseling and intervention, conduct ASAM screenings, as well as make referrals to treatment. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/06/2018 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: 925-957-5267 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 6, 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:Anna Roth, Health Services Date:November 6, 2018 Contra Costa County Subject:Add Three (3) Substance Abuse Counselor Positions in Health Services Department November 6, 2018 BOS Minutes 560 CONSEQUENCE OF NEGATIVE ACTION: If this action is not approved, the Alcohol and Other Drugs unit will not be able to adequately provide substance use disorder counseling and intervention to the community through the Family Dependency Court or support clients with early engagement and support services. AGENDA ATTACHMENTS P300 22376: Add 3 Substance Abuse Counselor Positions in HSD MINUTES ATTACHMENTS Signed P300 22376 November 6, 2018 BOS Minutes 561 POSITION ADJUSTMENT REQUEST NO. DATE: 10/12/2018 Department No./ Department Health Services Alcohol and Other Drugs Budget Unit No. 0466 Org No. 5921 Agency No. A18 Action Requested: Add three permanent full-time Substance Abuse Counselor (VHVC) at salary level TC5-1436 ($5,090.10- $6,187.05) in the Health Services Department. Proposed Effective Date: 10/12/2018 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 : $396,444 Net County Cost: Total this FY $264,296 N.C.C. this FY: SOURCE OF FUNDING TO OFFSET ADJUSTMENT: One (1) SAMHWorks, one (1) Family Dependency Court, AB109 Department must initiate necessary adjustment and submit to CAO. Use additional sheet for further explanations or comments. Mary Dunn ______________________________________ (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 Resourc es Date COUNTY ADMINISTRATOR RECOMMENDATION: DATE 10/30/18 Approve Recommendation of Director of Human Resources Disapprove Recommendation of Director of Human Resources /s/ Julie DiMaggio Enea Other: Approve as recommended by the department. ___________________________________ (for) County Administrator BOARD OF SUPERVISORS ACTION: David J. Twa, Clerk of the Board of Supervisors Adjustment is APPROVED DISAPPROVED and County Administrator DATE BY APPROVAL OF THIS ADJUSTMENT CONSTITUTES A PERSONNEL / SALARY RESOLUTION AMENDMENT POSITION ADJUSTMENT ACTION TO BE COMPLETED BY HUMAN RESOURCES DEPARTMENT FOLLOWING BOARD ACTION Adjust class(es) / position(s) as follows: P300 (M347) Rev 3/15/01 November 6, 2018 BOS Minutes 562 REQUEST FOR PROJECT POSITIONS Department Date 10/30/2018 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 November 6, 2018 BOS Minutes 563 November 6, 2018 BOS Minutes 564 RECOMMENDATION(S): ADOPT Position Adjustment Resolution No. XXXXX to add two (2) full-time Community Health Worker I (VKWC) positions at salary plan and grade level TC5-0933 ($3,093-$3,410) and add one (1) full-time Community Health Worker II (VKVB) position at salary plan and grade level TC5-1043 ($3,449-4,192) in the Health Services Department. (Represented) FISCAL IMPACT: Upon approval, this request has an annual cost of approximately $239,051 with pension costs of $50,319 already included. Funding for each position will come from Driving Under the Influence (DUI), Substance Abuse & Mental Health Services for Calworks (SAMHWorks), and Substance Abuse Block Grant (SABG). BACKGROUND: The Health Services Department is requesting to add two (2) full-time Community Health Worker I positions and one (1) full-time Community Health Worker II position to better serve the needs of the Behavioral Health Division. These positions are needed to support DUI providers during proceeding specifically funded by Driving Under the Influence, offer assistance to increase participation related to the outreach program for Latino SAMHWorks eligible clients specifically funded by SAMHWorks APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/06/2018 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Sabrina Pearson, (925) 957-5240 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 6, 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:Anna Roth, Health Services Date:November 6, 2018 Contra Costa County Subject:Add two full-time Community Health Worker I positions and add one full-time Community Health Worker II Position in the Health Services Department November 6, 2018 BOS Minutes 565 BACKGROUND: (CONT'D) via interagency Agreement with Employment and Human Services Department and provide education pertaining to marijuana, alcohol and prescription drugs among parents as well as some support and referrals to substance use treatment specifically funded by Substance Abuse Block Grant The primary duties of the new positions include performing door-to-door outreach for community education availability and locating clients in the community in need of department services related to Detoxification, Outpatient Drug-free Counseling and Residential programs; providing orientation to clients when they participate in program services related to vocational training, Youth, Family and Community Services (AOD treatment for Youth and Prevention) and conducting surveys to determine community needs and collecting statistical information. CONSEQUENCE OF NEGATIVE ACTION: If this action is not approved, there will be an insufficient level of staffing to implement educational and offer health support to the programs within Alcohol and Other Drug Studies. AGENDA ATTACHMENTS P300 22377: Add 2 Comm Health Wkr I and 1 Comm Health Wkr II positions in HSD MINUTES ATTACHMENTS Signed P300 22377 November 6, 2018 BOS Minutes 566 POSITION ADJUSTMENT REQUEST NO. 22377 DATE Department No./ Department Health Services Budget Unit No. 0466 Org No.5921 Agency No. A18 Action Requested: Add two (2) Community Health Worker I (VKWC) (represented) at salary level and grade plan TC5-0933 and add one (1) Community Health Worker II (VKVB) (represented) at salary level and grade plan TC5-1043 in Health Services Department. Proposed Effective Date: 12/1/2018 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 $239,051 Net County Cost Total this FY $139,446 N.C.C. this FY SOURCE OF FUNDING TO OFFSET ADJUSTMENT:100% Driving Under the Influence (DUI), SAMHWorks, Substance Abuse Block Department must initiate necessary adjustment and submit to CAO. Use additional sheet for further explanations or comments. Sabrina Pearson ______________________________________ (for) Department Head REVIEWED BY CAO AND RELEASED TO HUMAN RESOURCES DEPARTMENT ___________________________________ ________________ Deputy County Administrator Date HUMAN RESOURCES DEPARTMENT RECOMMENDATIONS DATE Exempt from Human Resources review under delegated authority. Amend Resolution 71/17 establishing positions and resolutions allocating classes to the Basic / Exempt salary schedule. Effective: Day following Board Action. (Date) ___________________________________ ________________ (for) Director of Human Resources Date COUNTY ADMINISTRATOR RECOMMENDATION: DATE 10/30/18 Approve Recommendation of Director of Human Resources Disapprove Recommendation of Director of Human Resources /s/ Julie DiMaggio Enea Other: Approve as recommended by the department. ___________________________________ (for) County Administrator BOARD OF SUPERVISORS ACTION: David J. Twa, Clerk of the Board of Supervisors Adjustment is APPROVED DISAPPROVED and County Administrator DATE BY APPROVAL OF THIS ADJUSTMENT CONSTITUTES A PERSONNEL / SALARY RESOLUTION AMENDMENT POSITION ADJUSTMENT ACTION TO BE COMPLETED BY HUMAN RESOURCES DEPARTMENT FOLLOWING BOARD ACTION Adjust class(es) / position(s) as follows: P300 (M347) Rev 3/15/01 November 6, 2018 BOS Minutes 567 REQUEST FOR PROJECT POSITIONS Department Date No. xxxxxx 1. Project Positions Requested: 2. Explain Specific Duties of Position(s) 3. Name / Purpose of Project and Funding Source (do not use acronyms i.e. SB40 Project or SDSS Funds) 4. Duration of the Project: Start Date End Date Is funding for a specified period of time (i.e. 2 years) or on a year-to-year basis? Please explain. 5. Project Annual Cost a. Salary & Benefits Costs: b. Support Costs: (services, supplies, equipment, etc.) c . Less revenue or expenditure: d. Net cost to General or other fund: 6. Briefly explain the consequences of not filling the project position(s) in terms of: a. potential future costs d. political implications b. legal implications e. organizational implications c. financial implications 7. Briefly describe the alternative approaches to delivering the services which you have considered. Indicate why these alternatives were not chosen. 8. Departments requesting new project positions must submit an updated cost benefit analysis of each project position at the halfway point of the project duration. This report is to be submitted to the Human Resources Department, which will forward the report to the Board of Supervisors. Indicate the date that your cost / benefit analysis will be submitted 9. How will the project position(s) be filled? a. Competitive examination(s) b. Existing employment list(s) Which one(s)? c. Direct appointment of: 1. Merit System employee who will be placed on leave from current job 2. Non-County employee Provide a justification if filling position(s) by C1 or C2 USE ADDITIONAL PAPER IF NECESSARY November 6, 2018 BOS Minutes 568 November 6, 2018 BOS Minutes 569 RECOMMENDATION(S): ADOPT Position Adjustment Resolution No. 22348 to add one (1) Network Technician I (LNWA) (represented) position at salary plan and grade ZB5 1496 ($5,402-$6,566) and cancel one (1) vacant Network Administrator I (LNSA) (represented) position #55 at salary plan and grade ZA5 1694 ($6,572-$7,988) in the County Administrator's Office, Information Technology Department. FISCAL IMPACT: This transaction will not result in any additional cost to the Department. Upon approval, there will be an annual cost savings of approximately $31,572. The cost for this position will be offset by fees to user departments. DoIT charges for all services and these charges will be recovered through service fees charged to user departments that include revenue generated from non-General Fund departments and other public agencies. BACKGROUND: The Network Services division of the Department of Information Technology (DoIT) provides County departments with enterprise-class network and desktop technical services. These services include infrastructure design, system integration, contract and project management, monitoring, server online backup, disaster recovery, network storage management, hardware and software requisition, and server and desktop virtualization using the latest technologies from Microsoft, VMware and Citrix solutions. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/06/2018 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Marc Shorr, (925) 608-4071 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 6, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: Joanne Buenger C. 33 To:Board of Supervisors From:Marc Shorr, Chief Information Officer Date:November 6, 2018 Contra Costa County Subject:Add one Network Technician I, Cancel one vacant Network Administrator I position #55 in DoIT November 6, 2018 BOS Minutes 570 BACKGROUND: (CONT'D) At present, Network Services has a great need for additional staff to provide County departments with onsite technical support from local servers, desktops, laptops, printers, mobile devices, and shared applications to enterprise mainframe and VPN access. Based on the ongoing need for IT services, we are seeking to add and fill a position in the Network Services division of DoIT to be able to provide these services from 8:00 AM to 5:00 PM. After analyzing the available job classes, we determined that the best match for this position is the Network Technician I. Based on the positions majority of duties assigned, the level of duties and responsibilities, DoIT is requesting to add a Network Technician I (LNWA) position and cancel a vacant Network Administrator I (LNSA) position #55. CONSEQUENCE OF NEGATIVE ACTION: If this action is not approved, DoIT’s Customer Services will be short of staff to provide sufficient second level technical support to county departments that depend on DoIT for network and desktop services. AGENDA ATTACHMENTS P300 22348 Add NW Admin I and Cxl NW Tech I in DoIT MINUTES ATTACHMENTS Signed P300 22438 November 6, 2018 BOS Minutes 571 POSITION ADJUSTMENT REQUEST NO. 22348 DATE 9/12/2018 Department No./ Department Department of Information Technology Budget Unit No. 0147 Org No. 1070 Agency No. 03 Action Requested: ADD one Network Technician I (LNWA) (represented) position ($5,402-$6,566) and CANCEL one vacant Network Administrator I (LNSA) (represented) position #55 ($6,572-$7,988) in the Network Services division of the Department of Information Technology Proposed Effective Date: 11/1/2018 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 ($31,572.00) Net County Cost $0.00 Total this FY ($21,048.00) N.C.C. this FY $0.00 SOURCE OF FUNDING TO OFFSET ADJUSTMENT Offset by fees to user departments Department must initiate necessary adjustment and submit to CAO. Use additional sheet for further explanations or comments. Marc Shorr ______________________________________ (for) Department Head REVIEWED BY CAO AND RELEASED TO HUMAN RESOURCES DEPARTMENT /s/ Julie DiMaggio Enea 9/19/2018 ___________________________________ ________________ Deputy County Administrator Date HUMAN RESOURCES DEPARTMENT RECOMMENDATIONS DATE 10/18/2018 ADOPT Position Adjustment Resolution No. 22348 to add one (1) Network Technician I (LNWA) (represented) position at salary plan and grade ZB5 1496 ($5,402-$6,566) and cancel one (1) vacant Network Administrator I (LNSA) (represented) position #55 at salary plan and grade ZA5 1694 ($6,572-$7,988) in the County Administrator's Office, Information Technology Department. Amend Resolution 71/17 establishing positions and resolutions allocating classes to the Basic / Exempt salary schedule. Effective: Day following Board Action. (Date) Marta Goc 10/18/2018 ___________________________________ ________________ (for) Director of Human Resources Date COUNTY ADMINISTRATOR RECOMMENDATION: DATE 11/1/18 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 November 6, 2018 BOS Minutes 572 REQUEST FOR PROJECT POSITIONS Department Date 11/1/2018 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 November 6, 2018 BOS Minutes 573 November 6, 2018 BOS Minutes 574 RECOMMENDATION(S): APPROVE and AUTHORIZE the Public Works Director, or designee, to execute a First Amendment to Lease and an Amended and Restated Work Letter with the City of Brentwood to (i) extend the term of the lease from ten years to twenty years, and (ii) increase the amount available for tenant improvements from $248,800 to $709,800, in connection with the County’s lease of approximately 1,320 square feet of office space located in the City-owned building at 9100 Brentwood Boulevard, Brentwood for use by the Sheriff – Coroner Department. AUTHORIZE the Public Works Director, or designee, to exercise the options to extend the term of the lease for up to an additional ten years. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/06/2018 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: David Silva, 925 957-2463 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 6, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stephanie Mello, Deputy cc: C. 34 To:Board of Supervisors From:Brian M. Balbas, Public Works Director/Chief Engineer Date:November 6, 2018 Contra Costa County Subject:APPROVE a lease amendment and an amended work letter with the City of Brentwood for the Sheriff-Coroner's Department, District III. (WLP128) November 6, 2018 BOS Minutes 575 FISCAL IMPACT: 100% General Fund - Plant Acquisition (0111 - 4437) BACKGROUND: On October 17, 2017, the Board of Supervisors approved a 10-year lease of a portion of the building that is the headquarters for the Brentwood Police Department for use by the Sheriff – Coroner. The Sheriff-Coroner intends to relocate its existing Oakley Substation to the leased space within the City’s Police Department. The ability to share space with the City’s Police Department enables the Sheriff-Coroner to accomplish a number of goals. First, the building’s location, in the center of East County, increases the substation’s ability to respond to emergencies quickly. Second, the building provides a level of security needed by law enforcement personnel that is very difficult to replicate in a conventional leased facility. Finally, by co-locating within the City’s Police Department, the County will have, in addition to exclusive use of the leased space, non-exclusive use of meeting rooms, the kitchen area, the men’s and women’s locker rooms, the booking area and holding cells in the building. These amenities make this space uniquely suited to the County’s needs and are not reflected in the monthly payments to the City. The Board initially approved $248,800 for tenant improvements for this project based on a budget created in 2016. That budget estimate failed to consider a number of modifications required to convert the leased space to County use. Due to the increased County investment in the leased space, the lease is being amended to extend its term from ten years to twenty years, with two five-year extension options. CONSEQUENCE OF NEGATIVE ACTION: If the lease amendment and the amended and restated work letter are not approved, the existing lease may need to be terminated, resulting in a loss of the funds already expended and a less-than-optimal location for the Sheriff’s substation in East County. ATTACHMENTS First Amendment to Lease Amended and Restated Work Letter November 6, 2018 BOS Minutes 576 November 6, 2018 BOS Minutes 577 November 6, 2018 BOS Minutes 578 November 6, 2018 BOS Minutes 579 November 6, 2018 BOS Minutes 580 November 6, 2018 BOS Minutes 581 November 6, 2018 BOS Minutes 582 November 6, 2018 BOS Minutes 583 November 6, 2018 BOS Minutes 584 November 6, 2018 BOS Minutes 585 November 6, 2018 BOS Minutes 586 November 6, 2018 BOS Minutes 587 November 6, 2018 BOS Minutes 588 November 6, 2018 BOS Minutes 589 November 6, 2018 BOS Minutes 590 November 6, 2018 BOS Minutes 591 November 6, 2018 BOS Minutes 592 RECOMMENDATION(S): APPROVE and AUTHORIZE the Agricultural Commissioner, or designee, to execute a contract with the California Department of Food and Agriculture (CDFA) in an amount not to exceed $65,040 to provide regulatory compliance and enforcement activities related to the Sudden Oak Death Program, on behalf of CDFA, for the period July 1, 2018 through June 30, 2019. FISCAL IMPACT: This agreement will reimburse the Agriculture Department in an amount not to exceed $65,040 for conducting regulatory compliance activities related to Sudden Oak Death on behalf of the CDFA. The agreement is fully funded by the CDFA. There is no County match. The funds were anticipated in the Department's FY 18/19 budget. BACKGROUND: The California Department of Food and Agriculture (CDFA) is the lead agency for the multi-agency task force, known as the California Oak Mortality Task Force (COMTF), that was formed to develop a coordinated effort to address Phytophthora Ramorum (Sudden Oak Death). Due to CDFA's responsibility under the COMTF and its statutory authority to establish quarantines, CDFA must enter into cooperative agreements with impacted counties to comply with the requirements of Assembly Bill 62 (Migden). APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/06/2018 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: 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: November 6, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: C. 35 To:Board of Supervisors From:Matt Slattengren Date:November 6, 2018 Contra Costa County Subject:18-0295-023-SF Phytophthora Ramorum (Sudden Oak Death) - Quarantined November 6, 2018 BOS Minutes 593 BACKGROUND: (CONT'D) The role of the Agriculture Department is to issue compliance agreements, and do related work that assures compliance by affected businesses, including plant nurseries, firewood dealers, tree services, green waste and compost facilities, etc., to stop the spread of Sudden Oak Death to non-infested areas of the State and County and to foreign countries. CONSEQUENCE OF NEGATIVE ACTION: Failure to accept the agreement will result in the Agriculture Department not being reimbursed by CDFA for regulatory enforcement activities related to the Sudden Oak Death Program. November 6, 2018 BOS Minutes 594 RECOMMENDATION(S): APPROVE and AUTHORIZE the Employment and Human Services Director, or designee, to execute a contract amendment with the California Department of Education, to increase the payment limit by $179,943 to an amount not to exceed $3,734,214 for general childcare and development program services with no change to the term July 1, 2018 through June 30, 2019. FISCAL IMPACT: County is to receive up to $3,734,214, with 35.8% ($1,336,723) coming from Federal funding, and 64.2% ($2,397,491) from State funding (CFDA Nos. 93.596, 93.575). No County match is required. BACKGROUND: The County receives funds from the California Department of Education to provide general childcare services to program eligible County residents. The program is operated by the Employment and Human Services Department, Community Services Bureau. The Board approved the original contract on September 11, 2018 (c.43). The State routinely amends these types of contracts throughout the program year to provide additional funding. Approval of this board order will allow the continued provision of these childcare services. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/06/2018 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: CSB (925) 681-4266 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 6, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: Ressie Dayco C. 36 To:Board of Supervisors From:Kathy Gallagher, Employment & Human Services Director Date:November 6, 2018 Contra Costa County Subject:2018-19 California Department of Education General Childcare & Development Revenue Contract Amendment November 6, 2018 BOS Minutes 595 CONSEQUENCE OF NEGATIVE ACTION: If not approved, County will not receive additional funding to operate the childcare and development program. CHILDREN'S IMPACT STATEMENT: The Department of Education General Childcare & Development funding supports three of the community outcomes established in the Children's Report Card: 1) "Children Ready for and Succeeding in School"; 3) "Families that are Economically Self-sufficient"; and, 4) "Families that are Safe, Stable, and Nurturing" by offering comprehensive services, including high quality early childhood education, nutrition, and health services to low-income children throughout Contra Costa County. November 6, 2018 BOS Minutes 596 RECOMMENDATION(S): APPROVE and AUTHORIZE the Employment and Human Services Director, or designee, on behalf of the Workforce Development Board, Small Business Development Center, to apply for and accept grant funding in an amount not to exceed $5,000 from US Bank, for small business advising to low-to-moderate income current and aspiring business owners in the County for the period January 1, 2019 through December 31, 2019. FISCAL IMPACT: County to receive an amount not to exceed $5,000 from US Bank grant funding. No County match is required. BACKGROUND: The US Bank grant funding will be used to provide Small Business Development Center advising services. Advising services will include guidance on the ability to create and retain jobs, increase annual business sales, and investment strategies for debt and equity investments. CONSEQUENCE OF NEGATIVE ACTION: Without funding, current services to low-to-moderate income current and aspiring business owners could not be expanded. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/06/2018 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Elaine Burres, 608-4960 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 6, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: C. 37 To:Board of Supervisors From:Kathy Gallagher, Employment & Human Services Director Date:November 6, 2018 Contra Costa County Subject:Small Business Development Center, US Bank Grant November 6, 2018 BOS Minutes 597 RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County Agreement #28-528-57 with the County of Alameda, to pay County an amount not to exceed $1,358,235, for coordination of essential services to Contra Costa County residents with HIV Disease and their families, for the period from March 1, 2018 through February 28, 2019. FISCAL IMPACT: Approval of this agreement will result in an amount not to exceed $1,358,235 of funding from the County of Alameda, as the Grantee of federal funds under the Ryan White HIV/AIDS Treatment Modernization Act of 2009, Part A. No County match is required. BACKGROUND: The U.S. Department of Health and Human Services has designated the County of Alameda as “Grantee” for the purpose of administering the Ryan White HIV/AIDS Treatment Modernization Act of 2006, Part A, funds for coordination of essential services to Contra Costa County residents with HIV Disease and their families. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/06/2018 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Dan Peddycord, 925-313-6712 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 6, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: D Morgan, M Wilhelm C. 38 To:Board of Supervisors From:Anna Roth, Health Services Director Date:November 6, 2018 Contra Costa County Subject:Agreement #28-528-57 with the County of Alameda November 6, 2018 BOS Minutes 598 BACKGROUND: (CONT'D) On May 23, 2017, the Board of Supervisors approved Contract #28-528-54 (as amended by Amendment Agreements #28-528-55 and #28-528-56) with the County of Alameda Health Care Services Agency, as the fiscal agent for Ryan White CARE Act, Title I and Minority AIDS Initiative funds, for coordination of services to Contra Costa residents with HIV disease and their families, for the period from March 1, 2017 through February 28, 2018. Approval of Agreement #28-528-57 will provide continued funding for coordination of services through February 28, 2019. This agreement includes mutual indemnification. CONSEQUENCE OF NEGATIVE ACTION: If this agreement is not approved, County will not receive funds to provide coordination of essential services to Contra Costa County residents with HIV Disease and their families. November 6, 2018 BOS Minutes 599 RECOMMENDATION(S): APPROVE and AUTHORIZE the Employment and Human Services Director, or designee, to execute a contract amendment with the California Department of Education to increase the payment limit by $545,953 to a new amount not to exceed $10,813,253, to provide State Preschool services, with no change to term July 1, 2018 through June 30, 2019. FISCAL IMPACT: The revenue agreement is from the California Department of Education and is partially funded by Federal dollars as indicated below. The State agreement number is CSPP 8049, Amendment 1; County agreement number is 39-908-25. State 86.64% ($9,368,715) Federal 13.36% ($1,444,538) - CFDA Nos. 93.596 ($989,889) and 93.575 ($454,649) No County match BACKGROUND: The California Department of Education (CDE) notified the Employment and Human Services Department (EHSD) on June 1, 2018 of the 2018-19 funding allocation of the California State Preschool APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/06/2018 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: CSB (925) 681-4266 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 6, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: Ressie Dayco C. 39 To:Board of Supervisors From:Kathy Gallagher, Employment & Human Services Director Date:November 6, 2018 Contra Costa County Subject:2018-19 California Department of Education Preschool Program Revenue Contract Amendment November 6, 2018 BOS Minutes 600 BACKGROUND: (CONT'D) program services. The County receives funds from the CDE to provide state preschool services to program eligible County residents. The program is operated by the EHSD, Community Services Bureau. The Board approved the original contract on June 26, 2018 (c.63). This board order is to approve a contract amendment to increase the payment limit in accordance with the increase of the daily child day of enrollment rate from $45.73 to $48.28. CONSEQUENCE OF NEGATIVE ACTION: If not approved, County will not receive additional funding to operate these childcare programs. CHILDREN'S IMPACT STATEMENT: EHSD's, Community Services Bureau supports three of the community outcomes established in the Children's Report Card: 1) "Children Ready for and Succeeding in School"; 3) "Families that are Economically Self-sufficient"; and, 4) "Families that are Safe, Stable, and Nurturing" by offering comprehensive services, including high quality early childhood education, nutrition, and health services to low-income children throughout Contra Costa County. November 6, 2018 BOS Minutes 601 RECOMMENDATION(S): APPROVE and AUTHORIZE the Conservation and Development Director, or designee, to apply for and accept grant funding in an amount not to exceed $350,000 from the California Department of Transportation's Sustainable Communities Planning Grant Program to produce a detailed inventory of the County’s roadway network for the purpose of identifying opportunities to build new or enhanced bikeways and sidewalks through roadway restriping or repaving in an expedited manner while prioritizing projects located in disadvantaged communities. FISCAL IMPACT: None to the General Fund. Staff time for recommended activities are covered under existing budgets (44.3% Road Fund and 44.3% Measure J Fund). Required match funds (11.47% for a maximum $40,145), to the extent not covered by in-kind contributions (staff time), are covered under the same existing budgets. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/06/2018 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: 925-674-7755 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 6, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: C. 40 To:Board of Supervisors From:TRANSPORTATION, WATER & INFRASTRUCTURE COMMITTEE Date:November 6, 2018 Contra Costa County Subject:Grant Submittal to the Caltrans Sustainable Communities Planning Grant Program for the "Expedited Active Transportation Infrastructure Plan" November 6, 2018 BOS Minutes 602 BACKGROUND: On October 5, 2018, Caltrans released final grant guidelines and a call for projects for the Caltrans Sustainable Communities Planning Grant Program. These planning grants will provide funding to support regional sustainable communities strategies intended to achieve the State's greenhouse gas reductions targets. This cycle is expected to include approximately $25 million in Senate Bill (“SB”) 1 statewide competitive funding. The maximum grant award is $1 million and an 11.47% match is required (cash or in-kind contribution). Applications are due November 30, 2018. This Plan proposes to update and expand on the County's roadway network inventory for the purpose of identifying near-term opportunities to upgrade existing facilities or implement new multi-modal improvements. Improvements will be prioritized based on several factors, including but not limited to: disadvantaged community status, cost, shovel-readiness, and availability of right-of-way. Prioritization will also help the County deliver other projects and planning efforts more efficiently. The Plan will also develop performance measures for post-project construction. Performance measures will provide real-time data on the success of implemented projects in order to help guide future transportation decisions. The Transportation, Water, and Infrastructure Committee discussed this proposal at its October 8th meeting and made the subject recommendation. CONSEQUENCE OF NEGATIVE ACTION: Not authorizing staff to apply for and accept grant funding from Caltrans' Sustainable Communities Grant will potentially delay progress on projects that would increase bicycle and pedestrian safety and mobility, improve first/last-mile connections to transit, reduce traffic congestion, and improve air quality. CHILDREN'S IMPACT STATEMENT: The proposed project supports Outcome 2 in the Contra Costa Children's Report Card: Youth Are Healthy and Preparing for Adulthood: Physical Fitness. November 6, 2018 BOS Minutes 603 RECOMMENDATION(S): ADOPT Resolution No. 2018/554 authorizing the Sheriff-Coroner, or designee to apply for and accept State Homeland Security Grant Program (SHSGP) funds in an initial amount of $1,215,214 from the California Governor’s Office of Emergency Services, make required grant assurances and authorize specified Sheriff’s Office officials to act on behalf of the County to obtain funding for the period of September 1, 2018 through the end of grant fund availability. FISCAL IMPACT: No County match. BACKGROUND: The California Governor’s Office of Emergency Services (Cal OES) is responsible for designing and implementing homeland security initiatives and ensuring that the state is ready to protect lives and property by effectively preparing for, preventing, responding to, and recovering from all threats, crimes, hazards, and emergencies. To help fulfill this mission, Cal OES administers a pass-through program of federal homeland security grant funds to local public agencies through California. This program is critical to maintaining the quality and quantity of homeland APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/06/2018 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Mary Jane Robb, 925-335-1557 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 6, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: C. 41 To:Board of Supervisors From:David O. Livingston, Sheriff-Coroner Date:November 6, 2018 Contra Costa County Subject:APPLICATION FOR FY 2018 STATE HOMELAND SECURITY GRANT PROGRAM FUNDS November 6, 2018 BOS Minutes 604 BACKGROUND: (CONT'D) security initiative programs provided within the County. The funding will allow for enhanced coordination and communication among the disciplines to maximize protective actions, emergency preparedness, and the effective response to emergencies and disasters. The initial total grant program allocation provided to the County by the U.S. Department of Homeland Security and sub-granted through the State of California is $1,215,214. The grant application requires the County to adopt a resolution (attached) appointing an authorized agent to act on behalf of the Board of Supervisors by executing any actions necessary for each application and sub-grant. The application also requires the applicants to make certain grant assurances prescribing requirements to which the County will be held accountable. CONSEQUENCE OF NEGATIVE ACTION: The Office of the Sheriff would not be able to apply for and accept this grant funding. AGENDA ATTACHMENTS Resolution No. 2018/554 MINUTES ATTACHMENTS Signed Resolution No. 2018/554 November 6, 2018 BOS Minutes 605 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and for Special Districts, Agencies and Authorities Governed by the Board Adopted this Resolution on 11/06/2018 by the following vote: AYE:5 John Gioia Candace Andersen Diane Burgis Karen Mitchoff Federal D. Glover NO: ABSENT: ABSTAIN: RECUSE: Resolution No. 2018/554 IN THE MATTER OF: Applying for and Accepting 2018 State Homeland Security Grant Program funds. WHEREAS the County of Contra Costa is seeking funds available through the California Homeland Security Grant Program administered by the California Governor's Office of Emergency Services; NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors: Authorizes the Sheriff-Coroner or the Undersheriff or the Sheriff's Chief of Management Services, to execute for and on behalf of the County of Contra Costa, a public entity established under the laws of the State of California, any actions necessary for the purpose of obtaining Federal financial assistance provided by the U.S. Department of Homeland Security and sub-granted through the State of California related to the State Homeland Security Grant Program. Contact: Mary Jane Robb, 925-335-1557 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 6, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: November 6, 2018 BOS Minutes 606 November 6, 2018 BOS Minutes 607 RECOMMENDATION(S): APPROVE and AUTHORIZE the Sheriff-Coroner, or designee, to execute a contract with the City and County of San Francisco, including full indemnification of the City and County of San Francisco, to pay the County an amount not to exceed $687,830 as part of the 2018 U.S. Department of Homeland Security, Urban Area Security Initiative (UASI) Grant for homeland security related projects within the County for the period November 1, 2018 through the end of the grant funding. (100% Federal) FISCAL IMPACT: No County Costs. $687,830; 100% 2018 Urban Area Security Initiative Grant from the City and County of San Francisco acting as fiscal agent for the Bay Area Urban Area Security Initiative. (CFDA # 97.067) BACKGROUND: The U.S. Department of Homeland Security Urban Area Security Initiative Grant Program funds address the unique planning, equipment, training, and exercise needs of high threat, high density urban areas. This grant assists designated regions in building an enhanced and sustainable capacity to prevent, protect against, respond to, and recover from acts of terrorism. California APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/06/2018 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Mary Jane Robb, 925-335-1557 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 6, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: C. 42 To:Board of Supervisors From:David O. Livingston, Sheriff-Coroner Date:November 6, 2018 Contra Costa County Subject:2018 Urban Area Security Initiative Grant November 6, 2018 BOS Minutes 608 BACKGROUND: (CONT'D) is home to five of these urban areas and the U.S. Department of Homeland Security designated the City and County of San Francisco as the fiscal agent for the Bay Area Urban Area Security Initiative (UASI). The County, as a member of the Bay Area UASI, will receive $687,830.00. Funds will be used to enhance public safety capabilities of law enforcement agencies throughout the region. Expand existing systems to participate in other state, regional, and national initiatives. Funding will also be used to purchase Radiological Detection Identifiers, Mobile Repeater, EBRCS/VHF patching, satellite data/phone uplink with backhaul capability. As the fiscal agent for the grant, the City and County of San Francisco has developed a standard form contract for use with all Bay Area UASI partner agencies requiring full indemnification of the City and County of San Francisco. The County has agreed to previous inter-agency agreements with the City and County of San Francisco, which contained the same language, to participate in regional homeland security efforts and access important Federal funding. CONSEQUENCE OF NEGATIVE ACTION: Should the Board decide not to approve entering into this agreement, the County will not receive its share of the 2018 UASI Grant funds; risk management and planning to increase regional response capability will need to be either funded through another source or not performed. November 6, 2018 BOS Minutes 609 RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to submit Application #28-382 to the State of California Department of Justice, to pay County in an amount not to exceed $1,186,646 for the Tobacco Prevention Program in Contra Costa County, for the period from November 1, 2018 through June 30, 2021. FISCAL IMPACT: Approval of this application could result in an amount not to exceed $1,186,646 of funding from the State of California Department of Justice for the County's Tobacco Prevention Program. No County match is required. BACKGROUND: While close to 90% of Contra Costans are non-smokers, smoking is still the number one preventable cause of death in California. Smoking causes ischemic heart disease and stroke, and also causes many different types of cancers. The University of California Tobacco-Related Disease Research Program reports that the healthcare costs associated with smoking in Contra Costa California were estimated to be over $334.5 million in 2009. Specific populations continue to be targeted by the Tobacco Industry, and these populations are disproportionately affected by tobacco-related APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/06/2018 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Daniel Peddycord, 925-313-6712 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 6, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: Marcy Wilhelm C. 43 To:Board of Supervisors From:Anna Roth, Health Services Director Date:November 6, 2018 Contra Costa County Subject:Application #28-382 with the State of California Department of Justice November 6, 2018 BOS Minutes 610 BACKGROUND: (CONT'D) health disparities. In July 2017, the Contra Costa Board of Supervisors adopted new tobacco control laws to protect youth from tobacco influences in the retail environment. Current funding streams do not pay for direct enforcement of these newly adopted policies. The Tobacco Prevention Program goals are to: (1) reduce secondhand smoke exposure; (2) reduce pro-tobacco influences; (3) reduce access to tobacco products; and (4) build community capacity to address tobacco-related health disparities through community level tobacco prevention policies. Approval of Application #28-382 will allow the Health Services Department's Tobacco Prevention Program to provide additional outreach services in the community; tobacco retail inspections to assess tobacco product availability and compliance with local tobacco retail laws; focus groups or key informant interviews with youth and young adult task force members; data analysis of key social media engagement measures; and surveys to assessment knowledge, attitudes, and perceptions of youth and young adult tobacco use, through June 30, 2021. CONSEQUENCE OF NEGATIVE ACTION: If this application is not approved, the County will not be able to provide additional tobacco prevention services to residents of Contra Costa County. November 6, 2018 BOS Minutes 611 RECOMMENDATION(S): APPROVE and AUTHORIZE the Sheriff-Coroner, or designee, to execute a contract with Starzyk Instructional Services in an amount not to exceed $430,000 to provide specialized instructional services for the period September 1, 2018 through December 31, 2021. FISCAL IMPACT: 100% Law Enforcement Training Center Enterprise Fund. Budgeted. BACKGROUND: Through the Office of the Sheriff's Law Enforcement Training Center (LETC), Deputy Sheriff Recruits and members of the Sheriff's Office receive training on various subjects. Starzyk Instructional Services (SIS) will provide instructors to teach specialized courses at the LETC. SIS will also conduct training course audits, updates, and new course development. CONSEQUENCE OF NEGATIVE ACTION: The Sheriff's Office will be unable to enter into a contract with the contractor for services. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/06/2018 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Sandra Brown, (925)335-1553 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 6, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: C. 44 To:Board of Supervisors From:David O. Livingston, Sheriff-Coroner Date:November 6, 2018 Contra Costa County Subject:Starzyk Instructional Services November 6, 2018 BOS Minutes 612 RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County Contract #26-699-7 with Semon Bader, M.D., an individual, in an amount not to exceed $288,000, to provide orthopedic services at Contra Costa Regional Medical Center (CCRMC) and Contra Costa Health Centers, for the period from January 1, 2019 through December 31, 2019. FISCAL IMPACT: This Contract is funded 100% by Hospital Enterprise Fund I. (No rate increase) BACKGROUND: On November 7, 2017, the Board of Supervisors approved Contract #26-699-6 with Semon Bader, M.D., for the provision of orthopedic services, including consultation, training, on-call coverage and medical/surgical procedures at CCRMC and Health Centers, for the period from January 1, 2018 through December 31, 2018. Approval of Contract #26-699-7 will allow the Contractor to continue to provide orthopedic services at CCRMC and Health Centers through December 31, 2019. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/06/2018 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Samir Shah, M.D. (925) 370-5525 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 6, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: A Floyd , M Wilhelm C. 45 To:Board of Supervisors From:Anna Roth, Health Services Director Date:November 6, 2018 Contra Costa County Subject:Contract #26-699-7 with Semon Bader, M.D. November 6, 2018 BOS Minutes 613 CONSEQUENCE OF NEGATIVE ACTION: If this Contract is not approved, patients requiring orthopedic services at CCRMC and Health Centers will not have access to Contractor’s orthopedic services. November 6, 2018 BOS Minutes 614 RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County Contract #26-692-16 with Applied Remedial Services, Inc., a corporation, in an amount not to exceed $495,000, to provide removal and disposal of hazardous waste materials at the Contra Costa Regional Medical Center (CCRMC) and Health Centers, for the period January 1, 2019 through December 31, 2019. FISCAL IMPACT: Contract is funded 100% by Hospital Enterprise Fund I. (No rate increase). BACKGROUND: On January 9, 2018, the Board of Supervisors approved Contract #26-692-13 (as amended by Contract Amendment Agreements #26-681-14 and #26-681-15) with Applied Remedial Services, Inc., to provide removal and disposal of hazardous waste materials at the CCRMC and Health Centers, for the period January 1, 2018 through December 31, 2018. Approval of Contract #26-692-16 will allow the Contractor to continue to provide removal and disposal of hazardous waste materials services at CCRMC, through December 31, 2019. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/06/2018 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Jaspreet Benepal, 925-370-5741 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 6, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: A Floyd , M Wilhelm C. 46 To:Board of Supervisors From:Anna Roth, Health Services Director Date:November 6, 2018 Contra Costa County Subject:Contract #26-692-16 with Applied Remedial Services, Inc. November 6, 2018 BOS Minutes 615 CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, CCRMC and Contra Costa Health Centers will not have access to Contractor’s services. November 6, 2018 BOS Minutes 616 RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County Contract #26-786-7 with Peter A. Castillo, M.D., Inc., a corporation, in an amount not to exceed $759,000, to provide urogynecology services at Contra Costa Regional Medical Center (CCRMC) and Health Centers for the period from December 1, 2018 through November 30, 2021. FISCAL IMPACT: This Contract is funded 100% by Hospital Enterprise Fund I. (No rate increase) BACKGROUND: On October 17, 2017, the Board of Supervisors approved Contract #26-786-6 with Peter A. Castillo, M.D., Inc., for the provision of urogynecology services including administrative duties and medical and/or surgical procedures at CCRMC and Health Centers for the period from December 1, 2017 through November 30, 2018. Approval of Contract #26-786-7 will allow Contractor to continue providing urogynecology services at CCRMC and Health Centers through November 30, 2021. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/06/2018 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Samir Shah, M.D., (925) 370-5525 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 6, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: A Floyd , M Wilhelm C. 47 To:Board of Supervisors From:Anna Roth, Health Services Director Date:November 6, 2018 Contra Costa County Subject:Contract #26-786-7 with Peter A. Castillo, M.D., Inc. November 6, 2018 BOS Minutes 617 CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, patients requiring urogynecology services will not have access to Contractor’s services. November 6, 2018 BOS Minutes 618 RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County Contract #26-785-2 with Urmila Bajpai-Pillai, M.D, an individual, in an amount not to exceed $712,000, to provide rheumatology care at Contra Costa Regional Medical Center (CCRMC) and Health Centers, for the period from November 1, 2018 through October 31, 2021. FISCAL IMPACT: This Contract is funded 100% by Hospital Enterprise Fund I. (No rate increase) BACKGROUND: On October 13, 2015, the Board of Supervisors approved Contract #26-785-1 with Urmila Bajpai-Pillai, M.D. for the provision of rheumatology care including, but not limited to clinic coverage, consultation, training and medical and/or surgical procedures at CCRMC, through October 31, 2018. Approval of Contract #26-785-2 will allow the Contractor to continue to provide rheumatology care at CCRMC through October 31, 2021. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/06/2018 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Samir Shah, M.D., 925-370-5525 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 6, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: A Floyd , M Wilhelm C. 48 To:Board of Supervisors From:Anna Roth, Health Services Director Date:November 6, 2018 Contra Costa County Subject:Contract #26-785-2 with Urmila Bajpai-Pillai, M.D November 6, 2018 BOS Minutes 619 CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, patients requiring rheumatology care will not have access to Contractor’s services. November 6, 2018 BOS Minutes 620 RECOMMENDATION(S): APPROVE and AUTHORIZE the Sheriff-Coroner, or designee, to execute Software and Services Agreement Amendment No.2 with Gemalto Cogent, Inc., to amend the term of the contract from January 1, 2015 through December 31, 2018 to a new term of January 1, 2015 through December 31, 2020, with no change in payment limit. Unforeseen delays from an outside agency has caused a set-back on this project. FISCAL IMPACT: There is no additional fiscal impact from this action. BACKGROUND: The California Identification System (Cal-ID) is the automated system maintained by the California Department of Justice (DOJ) for retaining fingerprint files and identifying latent fingerprints. Cal-ID funds are collected from the fees from each vehicle registered - two dollars for non-commercial vehicles and four dollars from commercial vehicles - and are used to fund programs that enhance the capacity of the state and local law enforcement to provide mobile Automated Fingerprint Identification Systems (AFIS) that allow identification of individuals involved in APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/06/2018 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Sandra Brown, (925)335-1553 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 6, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: C. 49 To:Board of Supervisors From:David O. Livingston, Sheriff-Coroner Date:November 6, 2018 Contra Costa County Subject:Gemalto Cogent Inc. November 6, 2018 BOS Minutes 621 BACKGROUND: (CONT'D) motor vehicle crimes. The California Department of Justice has established the Remote Access Network (RAN), which is a uniform statewide network of equipment and procedures allowing local law enforcement agencies direct access to the Cal-ID System. The Contra Costa County local RAN board determines the placement of RAN equipment within the County, and coordinates the acceptance, delivery, and installation of RAN equipment. Acting as the local RAN board, mobile fingerprint identification hardware has been distributed to local law enforcement agencies within the County pursuant to the criteria specified in the Penal Code. Under this contract, additional mobile fingerprint devices, software, implementation services, and software support services are being purchased so that local law enforcement agencies can connect to the Cal-ID system while in the field. The Cogent Gemalto Mobile Identification (Mobile ID) solution provides a system that manages the transactions of mobile fingerprint captures from the field. The system will manage searches of the local Automated Fingerprint Identification System (AFIS) as well as the California Department of Justices’ (Cal-DOJ) AFIS and Federal Bureau of Investigations’ (FBI) Repository for Individuals of Special Concern (RISC) databases. The mobile identification devices and software bring the power of a full-scale AFIS to officers’ hands while in the field for all agencies within Contra Costa, to provide fast, accurate identity verification, arrest records, and warrant information on subjects contacted in the field. The contract extension is necessary for project completion. The Department of Justice is implementing the same project and it needs to be completed before the County's project. CONSEQUENCE OF NEGATIVE ACTION: If the Office of the Sheriff is not allowed to extend the contract term the project will not be completed. November 6, 2018 BOS Minutes 622 RECOMMENDATION(S): APPROVE and AUTHORIZE the Employment and Human Services Director, or designee, to execute a contract amendment with Martinez Early Childhood Center, to increase the payment limit by $30,150 to a new limit not to exceed $278,150 to provide Early Head Start and Head Start program enhancement services with no changes to term July 1, 2018 through June 30, 2019. FISCAL IMPACT: This contract is fully funded by a Federal grant from the Administration for Children and Families (Head Start Program) (CFDA 93.708). A County match is not required. The contract number is 38-483-18. BACKGROUND: Contra Costa County receives funds from the Administration for Children and Families (ACF) to provide Head Start program services to eligible County residents. The Employment and Human Services Department (EHSD), in turn, contracts with a number of community-based organizations to provide a wider distribution of services. This contract is to provide Early Head Start and Head Start program enhancement services to 63 children served by this partnership. The Board approved the contract on July 10, 2018 (c.51). This amendment is to add facility improvement funds and to change the funding source for childcare costs from Early Head Start Childcare Partnership funds to Early Head Start program enhancement funds. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/06/2018 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: CSB (925) 681-6389 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 6, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: Nasim Eghlima, Haydee Ilan, Christina Reich C. 50 To:Board of Supervisors From:Kathy Gallagher, Employment & Human Services Director Date:November 6, 2018 Contra Costa County Subject:2018-19 Martinez Early Childhood Center Childcare Services Contract Amendment November 6, 2018 BOS Minutes 623 CONSEQUENCE OF NEGATIVE ACTION: If not approved, EHSD will not be able to adjust childcare slots to better meet fiscal and program re-structure needs. CHILDREN'S IMPACT STATEMENT: The Employment & Human Services Department Community Services Bureau supports three of Contra Costa County’s community outcomes - Outcome 1: “Children Ready for and Succeeding in School,” Outcome 3: “Families that are Economically Self-sufficient,” and, Outcome 4: “Families that are Safe, Stable, and Nurturing.” These outcomes are achieved by offering comprehensive services, including high quality early childhood education, nutrition, and health services to low-income children throughout Contra Costa County. November 6, 2018 BOS Minutes 624 RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County Novation Contract #24-385-46 with Anka Behavioral Health, Inc., a non-profit corporation, in an amount not to exceed $710,797, to provide mental health outreach and support services for homeless and disabled mentally ill adults at the Don Brown Shelter in East 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 $355,398. FISCAL IMPACT: This Contract is funded 80% Substance Abuse and Mental Health Services Administration (SAMHSA); 20% by a Project for Assistance in Transition from Homelessness (PATH) Grant. (No rate increase) BACKGROUND: This Contract meets the social needs of County’s population by providing ongoing operational funding for a mental health homeless shelter in East Contra Costa County. On November 14, 2017, the Board of Supervisors approved Contract #24-385-45 with Anka Behavioral Health, Inc., for the provision mental health outreach and supportive services at the Don Brown Shelter for homeless and disabled mentally ill adults in East Contra Costa County, for the period from July 1, 2017 through June 30, 2018, which included a six month automatic extension through December 31, 2018. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/06/2018 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: 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: November 6, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: L Walker, M Wilhelm C. 51 To:Board of Supervisors From:Anna Roth, Health Services Director Date:November 6, 2018 Contra Costa County Subject:Contract #24-385-46 with Anka Behavioral Health, Inc. November 6, 2018 BOS Minutes 625 Approval of Novation Contract #24-385-46 replaces the automatic extension under the prior contract and will allow the Contractor to continue providing services through June 30, 2019. November 6, 2018 BOS Minutes 626 BACKGROUND: (CONT'D) CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, County’s homeless mentally-ill adults will experience reduced access to core survival and support services at the Don Brown Shelter in East Contra Costa County. November 6, 2018 BOS Minutes 627 RECOMMENDATION(S): APPROVE and AUTHORIZE the Auditor-Controller, or designee, to pay an amount not to exceed $167,801 to BHC Fremont Hospital, Inc. for the provision of inpatient psychiatric treatment services including diagnostic and therapeutic services and mental health treatment, for the period March 15, 2018 through June 30, 2018. FISCAL IMPACT: Payment is funded 100% by Mental Health Realignment. BACKGROUND: In December, 2017, the County Administrator approved and the Purchasing Services Manager executed Contract #24-794-12(1) with BHC Fremont Hospital, Inc. for the period from January 1, 2018 through June 30, 2018 for the provision of inpatient psychiatric treatment services including diagnostic and therapeutic services and mental health treatment. As requested by the Health Services Department's Behavioral Health Services Division staff, BHC Fremont Hospital, Inc. provided additional inpatient psychiatric treatment services in good faith. The County has therefore determined that BHC Fremont Hospital, APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/06/2018 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: 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: November 6, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: L Walker, M Wilhelm C. 52 To:Board of Supervisors From:Anna Roth, Health Services Director Date:November 6, 2018 Contra Costa County Subject:Payments for Services Provided by BHC Fremont Hospital, Inc. November 6, 2018 BOS Minutes 628 BACKGROUND: (CONT'D) Inc. is entitled to payment for the reasonable value of their services under the equitable relief theory of quantum meruit. That theory provides that where a person has been asked to provide services without a valid contract, and the provider does so to the benefit of the recipient, the provider is entitled to recover reasonable value of those services. CONSEQUENCE OF NEGATIVE ACTION: BHC Fremont Hospital, Inc. will not be paid for psychiatric treatment services rendered in good faith. November 6, 2018 BOS Minutes 629 RECOMMENDATION(S): APPROVE and AUTHORIZE the Employment and Human Services Director, or designee, to execute a contract amendment with Robert Half International, Inc., effective November 15, 2018, to increase the payment limit by $628,390 to a new payment limit of $3,214,615 to provide additional temporary help for technology initiative services and additional personnel and fiscal support and extend the termination from December 31, 2018 to a new term ending June 30, 2019. FISCAL IMPACT: The funds allocated for this contract are 48% State ($1,543,015), 42% Federal (1,350,138) and 10% County ($321,462) in administrative overhead. BACKGROUND: The Employment and Human Services Department (EHSD) needs additional information technology (IT), personnel, and fiscal management staff on a temporary basis to meet staffing needs while EHSD is actively recruiting to secure permanent IT, personnel, and fiscal professionals. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/06/2018 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: V. Kaplan, (925) 608-4963 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 6, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: C. 53 To:Board of Supervisors From:Kathy Gallagher, Employment & Human Services Director Date:November 6, 2018 Contra Costa County Subject:Robert Half International, Inc. Contract Amendment November 6, 2018 BOS Minutes 630 BACKGROUND: (CONT'D) The original contract with Robert Half International, Inc. was approved by the Board of Supervisors on August 12, 2014 (C.54), in the amount of $812,425. Contract amendments were approved as follows: - Board Meeting: July 7, 2015 (C.89) - 1st Amendment approving payment increase of $751,400 for additional services, for a total payment limit of $1,563,825. - Board Meeting: August 9, 2016 (C.26) - 2nd Amendment approving payment increase of $723,200 for additional services, for a total payment limit of $2,287,025. - Board Meeting Date: June 6, 2017 (C.142) - 3rd Amendment approving payment increase of $232,000 for additional services, for a total payment limit of $2,519,025. Contract term extended through June 30, 2018. - Board Meeting Date: May 22, 2018 (C.100) - 4th Amendment approving payment increase of $67,200 for additional services, for a total payment limit of $2,586,225. Contract term extended through December 31, 2018. CONSEQUENCE OF NEGATIVE ACTION: EHSD would not be able to meet and/or sustain information technology, personnel, and fiscal support service needs. November 6, 2018 BOS Minutes 631 RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County Contract #27-818-4 with LaMorinda ENT, Face & Neck Surgery, Inc., a corporation, in an amount not to exceed $600,000 to provide otolaryngology services to Contra Costa Health Plan (CCHP) members and county recipients for the period from October 1, 2018 through September 30, 2019. FISCAL IMPACT: This Contract is funded 100% CCHP Enterprise Funds II. (No rate increase) BACKGROUND: On October 18, 2016, the Board of Supervisors approved Contract #27-818-3 with Sassan Falsafi, M.D. (dba LaMorinda ENT, Face & Neck Surgery, Inc.), for the provision of otolaryngology services for CCHP members for the period from October 1, 2016 through September 30, 2018. Approval of Contract #27-818-4 will allow Contractor to continue providing otolaryngology services to CCHP members and county recipients through September 30, 2019. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/06/2018 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Patricia Tanquary 925-313-6004 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 6, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: L Walker, M Wilhelm C. 54 To:Board of Supervisors From:Anna Roth, Health Services Director Date:November 6, 2018 Contra Costa County Subject:Contract #27-818-4 with LaMorinda ENT, Face & Neck Surgery, Inc. November 6, 2018 BOS Minutes 632 CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, Individual and Group Health Plan members requiring otolaryngology services will not have access to Contractor’s services, which may result in a reduction in the overall levels of service to the community. November 6, 2018 BOS Minutes 633 RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County Contract #27-954-2 with Philip R. Mill, O.D. & Michael D. Sutton, O.D., Inc., A Professional Corporation in an amount not to exceed $125,000 to provide optometry services to Contra Costa Health Plan (CCHP) members and county recipients, for the period from November 1, 2018 through October 31, 2020. FISCAL IMPACT: This Contract is funded 100% CCHP Enterprise Fund II. (No Rate Increase) BACKGROUND: On September 27, 2016, the Board of Supervisors approved Contract #27-954-1 with Philip R. Mill, O.D. & Michael D. Sutton, O.D., Inc., A Professional Corporation for the provision of optometry services to CCHP members and county recipients for the period from November 1, 2016 through October 31, 2018. Approval of Contract #27-954-2 will allow Philip R. Mill, O.D. & Michael D. Sutton, O.D., Inc., A Professional Corporation to continue providing optometry services to CCHP members and county recipients through October 31, 2020. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/06/2018 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Patricia Tanquary 925-313-6004 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 6, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: L Walker, M Wilhelm C. 55 To:Board of Supervisors From:Anna Roth, Health Services Director Date:November 6, 2018 Contra Costa County Subject:Contract #27-954-2 with Philip R. Mill, O.D. & Michael D. Sutton, O.D., Inc., A Professional Corporation November 6, 2018 BOS Minutes 634 CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, certain specialized professional health care services for its members under the terms of their Individual and Group Health Plan membership contracts with the County will not be provided. November 6, 2018 BOS Minutes 635 RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County Contract #27-825-4 with Parham Gharagozlou, M.D., Inc., a professional corporation in an amount not to exceed $2,000,000 to provide primary care and sleep study services to Contra Costa Health Plan members and county recipients for the period from November 1, 2018 through October 31, 2020. FISCAL IMPACT: This Contract is funded 100% Contra Costa Health Plan Enterprise Funds II. (No rate increase) BACKGROUND: On November 18, 2016, the Board of Supervisors approved Contract #27-825-3 with Parham Gharagozlou, M.D., Inc., for the provision of primary care and sleep study services to Contra Costa Health Plan members and county recipients, for the period from November 1, 2016 through October 31, 2018. Approval of Contract #27-825-4 will allow Contractor to continue providing primary care and sleep study services through October 31, 2020. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/06/2018 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Patricia Tanquary 925-313-6004 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 6, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: L Walker, M Wilhelm C. 56 To:Board of Supervisors From:Anna Roth, Health Services Director Date:November 6, 2018 Contra Costa County Subject:Contract #27-825-4 with Parham Gharagozlou, M.D., Inc. November 6, 2018 BOS Minutes 636 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. November 6, 2018 BOS Minutes 637 RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County Contract Amendment Agreement #27-875-7 with Clarity Software Solutions, Inc., a corporation, effective November 1, 2018, to amend Contract #27-875-6 to increase the payment limit by $218,000, from $7,500,000 to a new payment limit of $7,718,000, for additional Contra Costa Health Plan (CCHP) member identification printing services with no change in the term of July 1, 2017 through June 30, 2020. FISCAL IMPACT: This amendment is funded 100% Contra Costa Health Plan Enterprise Fund II. BACKGROUND: On June 6, 2017, the Board of Supervisors approved Contract #27-875-6 with Clarity Software Solutions, Inc., for the provision of professional printing, publication, distribution and technical assistance for CCHP member materials, for the period from July 1, 2017 through June 30, 2020. Approval of Contract Amendment Agreement #27-875-7 will allow the Contractor to provide additional printing services through June 30, 2020. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/06/2018 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Patricia Tanquary, 925-313-6004 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 6, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: L Walker, M Wilhelm C. 57 To:Board of Supervisors From:Anna Roth, Health Services Director Date:November 6, 2018 Contra Costa County Subject:Amendment #27-875-7 with Clarity Software Solutions, Inc. November 6, 2018 BOS Minutes 638 CONSEQUENCE OF NEGATIVE ACTION: If this amendment is not approved, new CCHP members requiring membership cards and other related new member materials will not have access to Contractor’s services. November 6, 2018 BOS Minutes 639 RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County Contract #27-791-7 with Verscend Technologies, Inc., a corporation, in an amount not to exceed $175,000, to provide a license to use healthcare encounter data software and consultation services for Contra Costa Health Plan for the period from November 1, 2018 through October 31, 2019. FISCAL IMPACT: This Contract is funded 100% Contra Costa Health Plan Enterprise Fund II. (No rate increase) BACKGROUND: On December 15, 2015, the Board of Supervisors approved Contract #27-791-5 (as amended by Amendment Agreement #27-791-6) with Verisk Health, Inc., for the provision of consultation and technical assistance with regard to data analysis services for Healthcare Effectiveness Data and Information Set (HEDIS) projects and annual reports for the period from November 1, 2015 through October 31, 2018. Approval of Contract #27-791-7 will allow Contractor to provide software and consultation services, and to license software to County, through October 31, 2019. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/06/2018 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Patricia Tanquary, 925-313-6004 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 6, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: Marcy Wilhelm C. 58 To:Board of Supervisors From:Anna Roth, Health Services Director Date:November 6, 2018 Contra Costa County Subject:Contract #27-791-7 with Verscend Technologies, Inc. November 6, 2018 BOS Minutes 640 CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, Contractor will not provide services, and the Contra Costa Health Plan will not be able to meet its contractual and State requirements. November 6, 2018 BOS Minutes 641 RECOMMENDATION(S): APPROVE and AUTHORIZE the County Administrator, or designee, to execute a contract amendment with Milliman, Inc., effective September 30, 2018 to extend the term of the agreement from September 30, 2018 through January 30, 2019. FISCAL IMPACT: No additional impact is associated with this contract extension. The cost of this contract will be paid out of charges to County departments for Benefits Administration. BACKGROUND: In August 2013, the County Administrator’s Office issued a request for proposals from actuarial consultants to advise the County on strategies for managing its post-employment liabilities, other than pensions (“OPEB”), and complying with the requirements of GASB 43, Financial Reporting for Postemployment Benefit Plans Other Than Pension Plans, and GASB 45, Accounting and Financial Reporting by Employers for Postemployment Benefits Other Than Pensions, and Government Code Section 7507 for a period of three to five years. The County received eight responses to the issuance and a management panel interviewed the top four respondents. Based on those interviews and reference checks, the panel recommended that Milliman, Inc. be contracted to assist the County with meeting the actuarial and accounting requirements of GASB 43/45, Government Code 7507, and with actuarial advice on developing strategies for the ongoing management of APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/06/2018 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Lisa Driscoll, County Finance Director (925) 335-1023 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 6, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: Hon. Robert R. Campbell, Auditor-Controller, Hon. Russell V. Watts, Treasurer-Tax Collector C. 59 To:Board of Supervisors From:David Twa, County Administrator Date:November 6, 2018 Contra Costa County Subject:Contract Extension with Milliman, Inc. for Actuarial and Consulting Services November 6, 2018 BOS Minutes 642 its OPEB liabilities. The County’s Other Post Employment Benefit liability issue is complex. The liability grew over a period of almost fifty years. The Board of Supervisors has developed a sound strategy to address the obligation and the Board’s goals are being achieved. All OPEB reports and materials are available on the County’s internet site at: November 6, 2018 BOS Minutes 643 BACKGROUND: (CONT'D) http://ca-contracostacounty.civicplus.com/index.aspx?NID=756 This contract extension allows for Milliman, Inc. to continue providing services to the County, on an as needed basis, while a request for proposals is prepared and released for a new contract period. This allows county staff to have access to actuarial services that may be needed during this period. CONSEQUENCE OF NEGATIVE ACTION: The County will not have an actuary for other-post employment benefits retained. November 6, 2018 BOS Minutes 644 RECOMMENDATION(S): APPROVE and AUTHORIZE the Employment and Human Services Director, or designee, to execute a contract amendment with Richmond Community Foundation, a California non-profit corporation, to increase the payment limit by $54,725 to a new payment limit of $193,619.11, effective November 1, 2018, to provide SparkPoint Career Center and Volunteer Tax Services to low-income Bay Point residents, for the period July 1, 2018 through June 30, 2019. FISCAL IMPACT: This will increase department expenditures by $54,725 for total department expenditures $193,619.11 to be funded California Work Opportunity and Responsibility to Kids (CalWORKs) which is designated 5% County, 21% State, and 74% Federal revenues. BACKGROUND: Richmond Community Foundation (RCF) was selected from a competitive procurement, Request for Interest (RFI) #641 to provide SparkPoint Career Center and Volunteer Tax Services APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/06/2018 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Gina Chenoweth 8-4961 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 6, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: C. 60 To:Board of Supervisors From:Kathy Gallagher, Employment & Human Services Director Date:November 6, 2018 Contra Costa County Subject:Amend Contract with Richmond Community Foundation for SparkPoint Career Center and Volunteer Tax Services November 6, 2018 BOS Minutes 645 BACKGROUND: (CONT'D) in East Contra Costa County. The SparkPoint Career Center (Career Center) provides a multitude of services and support to low-income residents in East Contra Costa County and offers free volunteer tax preparation assistance year-round. Services provided under this Contract are targeted to the Bay Point community. Additionally, RCF is the East Bay Regional Industry Sector Partnerships Coordinator, facilitating coordination and alignment of East Bay Regional industry sectors, implementation of protocols for data sharing, developing regional industry-focused asset maps, managing shared document systems, managing the East Bay Regional Planning Unit (EBRPU) website, and providing monthly reports to EBRPU. This amendment ensures RCF has funding to fulfill the identified obligations for the contract term by adding one support staff person with designated responsibilities at the Career Center, acquire a computer, and provide travel reimbursement so RCF can effectively meet contracted obligations. CONSEQUENCE OF NEGATIVE ACTION: Contra Costa County will not be able to provide the Bay Point community of East County with targeted career and free income tax preparation services. CHILDREN'S IMPACT STATEMENT: The services provided under this contract support three of the five Contra Costa County community outcomes: (3) "Families that are Economically Self-Sufficient"; (4) "Families that are Safe, Stable and Nurturing"; and (5) "Communities that are Safe and Provide a High Quality of Life for Children and Families” by providing multitude of services and support to low-income residents in East Contra Costa County and free volunteer tax preparation assistance. November 6, 2018 BOS Minutes 646 RECOMMENDATION(S): APPROVE and AUTHORIZE the Purchasing Agent to execute, on behalf of the Health Services Director, a Purchase Order with Hyland Software, Inc., in an amount not to exceed $161,586, for annual software maintenance of OnBase Document Management and Image Scanning Software for the period January 1, 2019 through December 31, 2019. FISCAL IMPACT: 100% funding is included in the Hospital Enterprise Fund I budget. BACKGROUND: OnBase software maintenance is a critical component of the Health Services Department's Electronic Health Record (EHR) and document management solution. OnBase facilitates the capture, management, archive, storage, and retrieval of electronic and paper documents including all EHR-related reports used by Finance and Patient Accounting, and archived records for other Health Services Divisions including Behavioral Health Services, Contracts and Grants, Contra Costa Health Plan, Environmental Health, and Hazardous Materials. Software support and maintenance services are provided pursuant to the OnBase Information Management System Software Maintenance Agreement dated March 28, 2006, between County and Hyland Software, Inc. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/06/2018 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Patrick Wilson, 925-335-8700 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 6, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: Marcy Wilhelm, Renee Nunez C. 61 To:Board of Supervisors From:Anna Roth, Health Services Director Date:November 6, 2018 Contra Costa County Subject:Purchase Order with Hyland Software, Inc. for Software Maintenance Renewal November 6, 2018 BOS Minutes 647 CONSEQUENCE OF NEGATIVE ACTION: If this Purchase Order is not approved, the workflows associated with the above-stated functions would be adversely impacted. Hyland provides real-time OnBase application support to the Health Services Department's Information Technology Unit for ccLink (Epic) scanning, workflow management, and reporting solutions. If that support ceases, the integrity of data from integration of internal scanning and printing hardware interfaced to the EHR application via web services and other interfaces could be compromised. Connectivity failures in any of these areas could potentially result in incorrect or incomplete data capture and management, loss of critical archived data due to inability to perform system functions, and non-compliance with future Epic releases. November 6, 2018 BOS Minutes 648 RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County Novation Contract #74-503-3 with Mental Health Systems, Inc., a non-profit corporation, in an amount not to exceed $2,074,420, to provide assisted outpatient treatment and assertive community treatment for eligible adults in Contra Costa County under the Mental Health Services Act (MHSA) 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 $1,037,210. FISCAL IMPACT: This Contract is funded 35% by Federal Medi-Cal and 65% by State Mental Health Services Act. BACKGROUND: This Contract meets the social needs of County’s population by providing MHSA Community Services and Supports Program, including providing community-based services, personal services coordination, medication support, crisis intervention, and other mental health services to eligible adult clients in Contra Costa County. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/06/2018 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: 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: November 6, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: L Walker, M Wilhelm C. 62 To:Board of Supervisors From:Anna Roth, Health Services Director Date:November 6, 2018 Contra Costa County Subject:Contract #74–503-3 with Mental Health Systems, Inc. November 6, 2018 BOS Minutes 649 BACKGROUND: (CONT'D) On November 14, 2017, the Board of Supervisors approved Contract #74-503-2 with Mental Health Systems, Inc., for the period of October 1, 2017 through June 30, 2018, which included a six-month automatic extension through December 31, 2018, for the provision of mental health support services to adults in Contra Costa County. Approval of Contract #74-503-3 will allow contractor to continue to provide services through June 30, 2019. CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, there will be fewer services provided to eligible adult clients in Contra Costa County through the MHSA Community Services and Support Program. November 6, 2018 BOS Minutes 650 RECOMMENDATION(S): APPROVE and AUTHORIZE the Purchasing Agent to execute, on behalf of the Health Services Director, an amendment to Purchase Order #F02135 with IPC, Inc., (dba IPC, Inc./Gritekram) to increase the payment limit by $20,000 to a new payment limit of $119,000 for the purchase of non-latex tourniquet bands for the Clinical Laboratory at the Contra Costa Regional Medical Center (CCRMC), with no change in the original term of November 1, 2015 through December 31, 2018. FISCAL IMPACT: 100% funding is included in the Hospital Enterprise Fund I budget. BACKGROUND: IPC, Inc. provides non-latex tourniquet bands for the Clinical Laboratory at CCRMC. CCRMC has utilized this vendor since 2015 and is satisfied with their products. There has been a great increase in patients and therefore in the use of tourniquet bands. CCRMC needs to add funds to the Purchase Order to last until the end of the term. CONSEQUENCE OF NEGATIVE ACTION: If this Purchase Order amendment is not approved, then the CCRMC must look to another vendor to supply non-latex tourniquet bands for the Clinical Laboratory. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/06/2018 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: 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: November 6, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: Marcy Wilhelm, Margaret Harris C. 63 To:Board of Supervisors From:Anna Roth, Health Services Director Date:November 6, 2018 Contra Costa County Subject:Purchase Order Amendment with IPC, Inc. November 6, 2018 BOS Minutes 651 RECOMMENDATION(S): APPROVE and AUTHORIZE the Purchasing Agent to execute, on behalf of the Health Services Director, a Purchase Order with IPC Inc., (dba IPC, Inc. /Gritekram), in an amount not to exceed $120,000 for the purchase of non-latex tourniquet bands for the Clinical Laboratory at the Contra Costa Regional Medical Center (CCRMC), for the period from January 1, 2018 through December 31, 2021. FISCAL IMPACT: 100% funding is included in the Hospital Enterprise Fund I budget. BACKGROUND: IPC, Inc. provides non-latex tourniquet bands for the Clinical Laboratory at CCRMC. CCRMC has utilized this vendor since 2015 and is satisfied with their products. CONSEQUENCE OF NEGATIVE ACTION: If this Purchase Order is not approved, then the CCRMC must look to another vendor to supply non-latex tourniquet bands for the Clinical Laboratory. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/06/2018 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: 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: November 6, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: Marcy Wilhelm, Margaret Harris C. 64 To:Board of Supervisors From:Anna Roth, Health Services Director Date:November 6, 2018 Contra Costa County Subject:Purchase Order with IPC, Inc. November 6, 2018 BOS Minutes 652 RECOMMENDATION(S): APPROVE and AUTHORIZE the Purchasing Agent to execute, on behalf of the Health Services Director, an amendment to Purchase Order #F009978 with Optiv Security, Inc., to increase the payment limit by $44,739 to a total of $304,739, for Proofpoint email protection software and support, with no change in the term of November 8, 2016 through November 7, 2019. FISCAL IMPACT: 100% Hospital Enterprise Fund I budget. BACKGROUND: Proofpoint email protection software stops malware and non-malware threats such as impostor email. Proofpoint software protects Health Services Department systems and data against advanced threats and compliance risks, and also allows for sending encrypted email for protection of sensitive data. The County is party to an existing General Terms and Conditions agreement signed December 27, 2016 with Proofpoint, Inc. that governs the license and support of the software. The incorporated Product Exhibit contains an indemnity provision that County will indemnify Proofpoint, Inc. for claims or losses arising from County’s misuse of the software. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/06/2018 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Patrick Wilson, 925-335-8700 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 6, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: Marcy Wilhelm, Renee Nunez C. 65 To:Board of Supervisors From:Anna Roth, Health Services Director Date:November 6, 2018 Contra Costa County Subject:Purchase Order Amendment with Optiv Security, Inc. for Proofpoint software and support November 6, 2018 BOS Minutes 653 BACKGROUND: (CONT'D) Pursuant to Board Order C.77, approved on December 6, 2016, the Board authorized the Purchasing Agent to execute a Purchase Order with Optiv Security, Inc. for the purchase and support of Proofpoint software, for the period November 8, 2016 through November 7, 2019. Subsequently, Board Order C.74, approved on October 24, 2017, authorized the Purchasing Agent to execute the General Terms and Conditions and Product Exhibit. This Board Order requests the addition of funds thereby increasing the total amount with no change to the term. The additional funds are needed because the County is paying for the software on an annual basis rather than paying for three years up front. CONSEQUENCE OF NEGATIVE ACTION: If this Amendment to increase the total amount of the Purchase Order is not approved, the Department will not be able to pay the third year of support, thus will not receive critical software updates. November 6, 2018 BOS Minutes 654 RECOMMENDATION(S): APPROVE and AUTHORIZE the Purchasing Agent to execute, on behalf of the Health Services Director, a purchase order with Groupware Technology, Inc., in an amount not to exceed $168,788, for maintenance and support of Rubrik appliances and software for the period from January 3, 2019 through January 30, 2020. FISCAL IMPACT: 100% funding is included in the Hospital Enterprise Fund I budget. BACKGROUND: The Health Services Department's Information Technology Unit currently owns Rubrik storage hardware and uses the Rubrik backup system which holds data for the Epic Electronic Health Records (EHR) System. This purchase is for the continued maintenance and support of the backup appliances and support services which allow the division to backup EPIC patient data. CONSEQUENCE OF NEGATIVE ACTION: If this Purchase Order renewal is not approved, it will directly affect EPIC EHR patient data. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/06/2018 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Patrick Wilson, 925-335-8700 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 6, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: Marcy Wilhelm, Renee Nunez C. 66 To:Board of Supervisors From:Anna Roth, Health Services Director Date:November 6, 2018 Contra Costa County Subject:Purchase Order with Groupware Technology, Inc., for Rubrik Maintenance Support November 6, 2018 BOS Minutes 655 RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County Contract #27-565-20 with DocuStream, Inc., a corporation, in an amount not to exceed $1,075,000, to provide electronic claims processing services, and to license related software to the County, for Contra Costa Health Plan (CCHP) and Behavioral Health Services Division (BHSD) for the period from November 1, 2018 through October 31, 2019. FISCAL IMPACT: This Contract is funded by 80% CCHP Enterprise Fund II and 20% Mental Health Services Act Funds. (Rate increase) BACKGROUND: On October 17, 2017, the Board of Supervisors approved Contract #27-565-19 with DocuStream, Inc., for the provision of claims processing services including, scanning, storage encryption and retrieval for the period from November 1, 2017 through October 31, 2018. Approval of Contract #27-565-20 will allow Contractor to continue to provide claims processing to BHSD and CCHP through October 31, 2019. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/06/2018 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Patricia Tanquary, 925-313-6004 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 6, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: E Suisala, M Wilhelm C. 67 To:Board of Supervisors From:Anna Roth, Health Services Director Date:November 6, 2018 Contra Costa County Subject:Contract #27-565-20 with DocuStream, Inc. November 6, 2018 BOS Minutes 656 CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, CCHP and BHSD will not receive electronic claims processing services from Contractor. Providers may experience delays in payment and the Health Plan may be out of compliance and subject to sanctions and civil penalties per California and Federal law. November 6, 2018 BOS Minutes 657 RECOMMENDATION(S): APPROVE and AUTHORIZE the Purchasing Agent to execute, on behalf of the Health Services Director, a purchase order with Stryker Sales Corporation in an amount not to exceed $1,000,000 for the purchase of endoscopic supplies and products for the Operating Room at the Contra Costa Regional Medical Center (CCRMC) and the Contra Costa Health Centers, for the period from September 1, 2018 through August 31, 2020. FISCAL IMPACT: 100% funding is included in the Hospital Enterprise Fund I budget. BACKGROUND: Stryker Sales Corporation provides products used to perform endoscopic surgeries at CCRMC. The availability of these products enables providers to perform less costly, non-invasive endoscopic surgeries with a quicker recovery time for patients. CONSEQUENCE OF NEGATIVE ACTION: If this Purchase Order is not approved, the CCRMC will run out of the necessary supplies and no longer be able to provide endoscopic surgery services. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/06/2018 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: 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: November 6, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: Marcy Wilhelm, Margaret Harris C. 68 To:Board of Supervisors From:Anna Roth, Health Services Director Date:November 6, 2018 Contra Costa County Subject:Purchase Order with Stryker Sales Corporation November 6, 2018 BOS Minutes 658 RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County Contract #23-639 with IG Insight Global, Inc., a corporation, in an amount not to exceed $220,000, to provide management consulting and training in areas of leadership, teamwork and organizational health for the period from June 1, 2018 through May 31, 2019. FISCAL IMPACT: This Contract is funded 100% by Hospital Enterprise Fund I. BACKGROUND: Under Contract #23-639, the Contractor will provide management consulting and training services to the Department’s Information Systems (IS) Unit’s leadership team in areas of leadership, teamwork and organizational health within the IS Unit, through May 31, 2019. CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, the IS Unit will not have access to Contractor’s services. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/06/2018 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Patrick Wilson 925-335-8700 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 6, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: E Suisala, M Wilhelm C. 69 To:Board of Supervisors From:Anna Roth, Health Services Director Date:November 6, 2018 Contra Costa County Subject:Contract #23-639 with IG Insight Global, Inc. November 6, 2018 BOS Minutes 659 RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County Contract Amendment Agreement #74-419-10 with William E. Berlingieri, M.D., an individual, effective November 1, 2018, to amend Contract #74-419-8, (as amended by Contract Amendment Agreement #74-419-9) to increase the payment limit by $11,520, from $344,960 to a new payment limit of $356,480, with no change in the term of January 1, 2018 through December 31, 2018. FISCAL IMPACT: This Amendment is funded 100% by Mental Health Services Act. (No rate increase) BACKGROUND: On October 17, 2017, the Board of Supervisors approved Contract #74-419-8 (as amended by Contract Amendment Agreement #74-419-9) with William E. Berlingieri, M.D, for the provision of outpatient psychiatric services to mentally ill adults in West Contra Costa County, including diagnosis, counseling, evaluation, and medical and therapeutic treatment and consulting and training in medical and therapeutic matters for the period from January 1, 2018 through December 31, APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/06/2018 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: 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: November 6, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: E Suisala , M Wilhelm C. 70 To:Board of Supervisors From:Anna Roth, Health Services Director Date:November 6, 2018 Contra Costa County Subject:Amendment #74-419-10 with William E. Berlingieri, M.D. November 6, 2018 BOS Minutes 660 BACKGROUND: (CONT'D) 2018. Approval of Contract Amendment Agreement #74-419-10 will allow the Contractor to provide additional outpatient psychiatric services through December 31, 2018. CONSEQUENCE OF NEGATIVE ACTION: If this amendment is not approved, additional outpatient psychiatric services will not be provided to patients in West Contra Costa County and will not have access to Contractor’s services. November 6, 2018 BOS Minutes 661 RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County Contract #77-181 with Man Kong Leung, M.D., Inc., a Professional Corporation in an amount not to exceed $300,000 to provide neurology and sleep medicine services for Contra Costa Health Plan (CCHP) members and county recipients for the period from November 1, 2018 through October 31, 2020. FISCAL IMPACT: This Contract is funded 100% CCHP Enterprise Fund II. (No rate increase) BACKGROUND: Under Contract #77-181 the Contractor will provide neurology and sleep medicine services for CCHP members and county recipients through October 31, 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: 11/06/2018 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Patricia Tanquary, 925-313-6004 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 6, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: L Walker, M Wilhelm C. 71 To:Board of Supervisors From:Anna Roth, Health Services Director Date:November 6, 2018 Contra Costa County Subject:Contract #77-181 with Man Kong Leung, M.D., Inc. November 6, 2018 BOS Minutes 662 RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County Contract #26-741-8 with Martha D. Newman, an individual, in an amount not to exceed $250,000, to provide consultation and technical assistance to Contra Costa Regional Medical Center (CCRMC) and Contra Costa Health Centers related to Public Hospital Redesign and Incentives in Medi-Cal (PRIME) program, quality improvement, and strategic methodology for the period from December 1, 2018 through November 30, 2019. FISCAL IMPACT: This Contract is funded 100% Hospital Enterprise Fund I. (No rate increase) BACKGROUND: On November 14, 2017, the Board of Supervisors approved Contract #26-741-7 with Martha D. Newman for the provision of consultation and technical assistance to CCRMC for the development of quality metrics, leadership strategies and educational goals for Delivery System Reform Incentive Payment (DSRIP) Program, for the period from December 1, 2017 through November 30, 2018. Approval of Contract #26-741-8 APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/06/2018 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: 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: November 6, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: Tasha Scott, Marcy Wilhelm C. 72 To:Board of Supervisors From:Anna Roth, Health Services Director Date:November 6, 2018 Contra Costa County Subject:Contract #26-741-8 with Martha D. Newman November 6, 2018 BOS Minutes 663 BACKGROUND: (CONT'D) will allow the Contractor to continue to provide consultation and technical assistance to CCRMC for PRIME program, quality improvement, and strategic planning and methodology through November 30, 2019. CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, the County will not have access to Contractor’s expertise in quality improvement projects, including the PRIME program. November 6, 2018 BOS Minutes 664 RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County Contract #77-183 with Shadelands Endovascular, LLC, a Limited Liability Company, in an amount not to exceed $700,000 to provide ambulatory surgery center services for Contra Costa Health Plan (CCHP) members and county recipients, for the period from November 1, 2018 through October 31, 2020. FISCAL IMPACT: This Contract is funded 100% CCHP Enterprise Fund II. (No rate increase) BACKGROUND: Under Contract #77-183 the Contractor will provide ambulatory surgery center services for CCHP members and county recipients through October 31, 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: 11/06/2018 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Patricia Tanquary, 925-313-6004 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 6, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: L Walker, M Wilhelm C. 73 To:Board of Supervisors From:Anna Roth, Health Services Director Date:November 6, 2018 Contra Costa County Subject:Contract #77-183 with Shadelands Endovascular, LLC November 6, 2018 BOS Minutes 665 RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County Contract #27-824-4 with Arthritis & Rheumatology Medical Associates, Inc., a corporation, in an amount not to exceed $750,000 to provide rheumatology services to Contra Costa Health Plan (CCHP) members and county recipients for the period from November 1, 2018 through October 31, 2020. FISCAL IMPACT: This Contract is funded 100% CCHP Enterprise Fund II. (No rate increase) BACKGROUND: On September 27, 2016, the Board of Supervisors approved Contract #27-824-3 with Arthritis and Rheumatology Medical Associates, Inc. (dba Northern California Arthritis Center) to provide rheumatology services to CCHP members and county recipients, for the period from November 1, 2016 through October 31, 2018. Approval of Contract #27-824-4 will allow the Contractor to continue to provide rheumatology services for the period of November 1, 2018 through October 31, 2020. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/06/2018 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Patricia Tanquary, 925-313-6004 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 6, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: L Walker, M Wilhelm C. 74 To:Board of Supervisors From:Anna Roth, Health Services Director Date:November 6, 2018 Contra Costa County Subject:Contract #27-824-4 with Arthritis & Rheumatology Medical Associates, Inc. November 6, 2018 BOS Minutes 666 CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, certain specialized professional health care services for its members under the terms of their Individual and Group Health Plan membership contracts with the County will not be provided. November 6, 2018 BOS Minutes 667 RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County Contract #77-187 with Healogics Specialty Physicians of California, PC, a Professional Corporation, in an amount not to exceed $250,000 to provide wound care services for Contra Costa Health Plan (CCHP) members and county recipients for the period from November 1, 2018 through October 31, 2020. FISCAL IMPACT: This Contract is funded 100% CCHP Enterprise Fund II. (No rate increase) BACKGROUND: Under Contract #77-187 the Contractor will provide wound care services for CCHP members and county recipients through October 31, 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: 11/06/2018 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Patricia Tanquary, 925-313-6004 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 6, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: L Walker, M Wilhelm C. 75 To:Board of Supervisors From:Anna Roth, Health Services Director Date:November 6, 2018 Contra Costa County Subject:Contract #77-187 with Healogics Specialty Physicians of California, PC November 6, 2018 BOS Minutes 668 RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County Contract #27-892-4 with Muir Orthopaedic Specialists, A Medical Group, Inc., a corporation, in an amount not to exceed $4,000,000, to provide orthopedic surgery and physical therapy services to Contra Costa Health Plan (CCHP) members, for the period from November 1, 2018 through October 31, 2019. FISCAL IMPACT: This Contract is funded 100% CCHP Enterprise Fund II. (No rate increase) BACKGROUND: On November 8, 2016, the Board of Supervisors approved Contract #27-892-3 with Muir Orthopaedic Specialists, A Medical Group, Inc. for the provision of orthopedic surgery services to CCHP members, for the period from November 1, 2016 through October 31, 2018. Approval of Contract #27-892-4 will allow Contractor to continue providing orthopedic surgery services and include physical therapy services through October 31, 2019. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/06/2018 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Patricia Tanquary, 925-313-6004 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 6, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: Kathleen Cyr, Marcy Wilhelm C. 76 To:Board of Supervisors From:Anna Roth, Health Services Director Date:November 6, 2018 Contra Costa County Subject:Contract #27-892-4 with Muir Orthopaedic Specialists, Inc., A Medical Group, Inc. November 6, 2018 BOS Minutes 669 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. November 6, 2018 BOS Minutes 670 RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County Contract #77-040-4 with Nazar Aryaei (dba AA Cab Company), a sole proprietor, in an amount not to exceed $600,000 to provide non-emergency taxicab transportation 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. (No rate increase) BACKGROUND: In October, 2016, the County Administrator approved and the Purchasing Services Manager executed Contract #77-040 (as amended by Administrative Amendment #77-040-1 and Amendment Agreements #77-040-2 and #77-040-3) to provide non-emergency taxicab transportation services for CCHP members for the period October 1, 2016 through September 30, 2018. Approval of Contract #77-040-4 will allow the Contractor to continue to provide non-emergency taxicab transportation services to CCHP members through September 30, 2020. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/06/2018 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Patricia Tanquary, 925-313-6004 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 6, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: Kathleen Cyr, Marcy Wilhelm C. 77 To:Board of Supervisors From:Anna Roth, Health Services Director Date:November 6, 2018 Contra Costa County Subject:Contract #77-040-4 with Nazar Aryaei (dba AA Cab Company) November 6, 2018 BOS Minutes 671 CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, non-emergency taxicab transporation services for CCHP members will not be provided. November 6, 2018 BOS Minutes 672 RECOMMENDATION(S): APPROVE and AUTHORIZE the Purchasing Agent to execute, on behalf of the Health Services Director (1) an End User License Agreement, and Terms of Support Agreement with Extreme Networks, Inc., including modified indemnification language, and (2) a Purchase Order with Optiv Security, Inc., in an amount not to exceed $44,144 for renewal of Extreme hardware maintenance services for the period of July 8, 2018 through July 7, 2019. FISCAL IMPACT: 100% Hospital Enterprise Fund I Budget. BACKGROUND: Health Services Department uses Extreme Networks hardware to handle all network traffic coming into the two data centers in Martinez and Pittsburg. This renewal will cover hardware maintenance of infrastructure equipment responsible for supporting the 24x7 operations of the Contra Costa Regional Medical Center, plus over 50 other clinical and ancillary sites dependent upon reliable network accessibility of the Epic Electronic Medical Records (EMR) system platform. Optiv is Extreme’s authorized third-party reseller. The Terms of Support Agreement requires the County to comply with international export requirements with respect to the licensed materials, and to indemnify Extreme Networks, Inc., for any violation of such laws by County. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/06/2018 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Patrick Wilson, 925-335-8700 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 6, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: Marcy Wilhelm, Renee Nunez C. 78 To:Board of Supervisors From:Anna Roth, Health Services Director Date:November 6, 2018 Contra Costa County Subject:Purchase Order with Optiv Security, Inc. for Extreme Networks, Inc. hardware maintenance November 6, 2018 BOS Minutes 673 CONSEQUENCE OF NEGATIVE ACTION: Failure to maintain support for this equipment increases the risk of an unexpected failure, and possibly an extended outage. This could impact productivity at some locations including patient care at the hospital and health clinic locations. November 6, 2018 BOS Minutes 674 RECOMMENDATION(S): APPROVE and AUTHORIZE the Purchasing Agent to execute, on behalf of the Health Services Director, a Purchase Order with The Sourcing Group, LLC, in an amount not to exceed $800,000 for the purchase of medical and other forms for the Contra Costa Regional Medical Center (CCRMC) and the Contra Costa Health Centers, for the period from November 1, 2018 through October 31, 2020. FISCAL IMPACT: 100% funding is included in the Hospital Enterprise Fund I Budget. BACKGROUND: The Sourcing Group, LLC provides the Health Services Department with all forms both medical and other forms. Contra Costa County has utilized The Sourcing Group, LLC (previously known as Tully-Wihr) since 1998 for management and storage of stock forms, printing of specialty forms, delivery and on-line tracking and ordering of all forms. CONSEQUENCE OF NEGATIVE ACTION: If this Purchase Order is not approved, we will not be able to provide the staff at CCRMC and the Contra Costa Health Centers with the forms needed for handling County business and patient care. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/06/2018 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: 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: November 6, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: Patty Derose, Marcy Wilhelm C. 79 To:Board of Supervisors From:Anna Roth, Health Services Director Date:November 6, 2018 Contra Costa County Subject:Purchase Order with the Sourcing Group, LLC November 6, 2018 BOS Minutes 675 RECOMMENDATION(S): APPROVE and AUTHORIZE the Purchasing Agent, on behalf of the County Administrator's Office, to execute (1) a Purchase Order with Skuid, Inc. in an amount not to exceed $9,622.80 for the purchase of software application services for the AB 109 Community Programs, for the period from October 8, 2018 through October 7, 2019, and (2) a Master Subscription Agreement with Skuid, Inc., including modified indemnification language. (100% AB 109 Public Safety Realignment) FISCAL IMPACT: The cost of the subscription and licenses for the year is $9,622.80. 100% AB 109 Public Safety Realignment funded. BACKGROUND: Skuid is integral to our reentry system database, called SAFE, and functions via the Salesforce product. In other words, our SAFE database functions through Salesforce APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/06/2018 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: L. DeLaney, 925-335-1097 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 6, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: C. 80 To:Board of Supervisors From:David Twa, County Administrator Date:November 6, 2018 Contra Costa County Subject:Purchase Order and Master Subscription Agreement with Skuid, Inc. November 6, 2018 BOS Minutes 676 BACKGROUND: (CONT'D) and Skuid. Skuid provides the advanced user interface features that lay on top of the base Salesforce database. These features are required for our partners' use of SAFE. Further, the Skuid application will be required for the changes to SAFE for the Prop 47-funded CoCo Lead+ program enhancements. Under the Master Subscription Agreement, the County is obligated to indemnify Skuid, Inc. for losses arising out of the content of County data used in the application or breach of the Master Subscription Agreement. CONSEQUENCE OF NEGATIVE ACTION: Without this purchase order and Master Subscription Agreement, the County would not be able to utilize Skuid that provides the cloud application platform that interfaces with the Salesforce database, SAFE, developed for the reentry system. November 6, 2018 BOS Minutes 677 RECOMMENDATIONS (1) APPROVE plans, specifications, and design for the Roof and HVAC Replacement Project, 2870 Howe Road, Martinez ([insert contract number]). (2) APPROVE the above project and take related actions under the California Environmental Quality Act (CEQA). (3) DETERMINE the project is a CEQA ministerial exemption, pursuant to Section 21080(b)(1) of the Public Resources Code and Article 18, Section 15268 of the CEQA Guidelines. (4) AWARD the construction contract for the above project to Garland/DBS, Inc. ("Garland") in the amounts listed in Garland's proposal ($749,459 total, including Add Alt 1 and Add Alt 2) and DIRECT that Garland shall present two good and sufficient surety bonds contractor shall present two good and sufficient surety bonds (performance and payment) in the amount of $749,459 each and that the Executive Director, or designee, shall prepare the contract. Action of Board On: 11/06/2018 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF COMMISSIONERS Contact: 925-957-8028 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 6, 2018 Joseph Villarreal, Executive Director By: , Deputy cc: C. 81 To:Contra Costa County Housing Authority Board of Commissioners From:Joseph Villarreal, Housing Authority Date:November 6, 2018 Contra Costa County Subject:AWARD OF CONSTRUCTION CONTRACT FOR ROOF AND HVAC REPLACEMENT PROJECT, 2870 HOWE ROAD, MARTINEZ (MASTER AGREEMENT 14-5903) November 6, 2018 BOS Minutes 678 RECOMMENDATIONS (CONT'D) (5) AUTHORIZE the Executive Director, or designee, to approve construction change orders, as needed, up to a maximum total of 10% ($74,946), which is in addition to the contract award amount. (6) ORDER that, after the contractor has signed the contract and returned it, together with the bonds as noted above, certificates of insurance, and any other required documents, and the Executive Director has reviewed and found them to be sufficient, the Executive Director, or designee, is authorized to sign the contract for this Board. (7) ORDER that the Executive Director, or designee, is authorized to sign any escrow agreements prepared for this project to permit the direct payment of retentions into escrow or the substitution of securities for moneys withheld by HACCC to ensure performance under the contract, pursuant to Public Contract Code Section 22300. (8) DELEGATE, pursuant to Public Contract Code Section 4114, to the Executive Director, or designee, the Board’s functions under Public Contract Code Sections 4107 and 4110. (9) DELEGATE, pursuant to Labor Code Section 6705, to the Executive Director, or to any registered civil or structural engineer employed by HACCC, the authority to accept detailed plans showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection during trench excavation covered by that section. (10) DIRECT the County Director of Conservation and Development to file a Notice of Exemption with the County Clerk and AUTHORIZE the Executive Director, or designee to arrange for payment of a $25 fee to Conservation and Development for processing and a $50 fee to the County Clerk for filing the Notice of Exemption. BACKGROUND For the past two years, the Section 8 Office Building, located at 2870 Howe Road in Martinez, has been experiencing roof leaks and HVAC problems. The roof leaks, which have been increasing in frequency and severity, have been temporarily addressed with patching and other repairs. However, the roofing and the HVAC units installed on the roof are both at the end of their useful lives and require permanent replacement. In addition, there is dry rot damage underneath the roofing that is in need of prompt repair. Starting with drawings and specifications developed by staff, HACCC solicited a quote for the roof and HVAC replacement work from Garland/DBS, Inc. (Garland), piggy-backing off of an existing Master Intergovernmental Cooperative Purchasing Agreement between Garland and Cobb County, GA and U.S. Communities (MICPA #14-5903). On September 27, 2018, Garland submitted a proposal to perform the roof and HVAC replacement project for $749,459, which includes Add Alt 1 (provide mechanical and structural engineering) and Add Alt 2 (install split-system heat pump in upstairs office). Staff has reviewed the bid price, which reflects the same pricing as the Master Agreement, and is satisfied it is a reasonable price for the substantial work involved. As a part of their proposal, Garland also submitted drawings, specifications, details, and reports prepared by qualified engineers and other experts detailing the requirements for the roof and HVAC replacement project. To enable the roof and HVAC replacement project to be completed this construction season before the rainy season shuts down construction, the Executive Director recommends that the Board take the following actions: November 6, 2018 BOS Minutes 679 (1) Approve the project design, plans, and specifications, which approval will give design immunity to the Housing Authority. (2) Determine that the roof and HVAC replacement project qualifies as a ministerial exemption under Section 21080(b)(1) of the Public Resources Code and Article 18, Section 15268 of the Guidelines for the California Environmental Quality Act (CEQA). See the Notice of Exemption attached to this Board order. (3) Award the construction contract for the above project to Garland for $749,459, direct the Executive Director to prepare the contract, and authorize the Executive Director to sign the contract following his review and approval of the signed contract, bonds, and insurance from Garland. (4) Take the additional related actions listed in the Recommended Actions above. FISCAL IMPACT The construction contract will be funded 100% by HUD. CONSEQUENCE OF NEGATIVE ACTION Should the Board not award the construction contract, as recommended, the roofing and HVAC equipment at 2870 Howe Road, Martinez will remain in marginal condition, with the potential for additional leakage and damage, employee discomfort, and interference with HACCC operations during the upcoming rainy season. CLERK'S ADDENDUM RELISTED to November 13, 2018. ATTACHMENTS CEQA NOE November 6, 2018 BOS Minutes 680 CALIFORNIA ENVIRONMENTAL QUALITY ACT Notice of Exemption To: Office of Planning and Research From : Contra Costa County P.O. Box 3044, Room 113 Dept. of Conservation & Development Sacramento, CA 95812-3044 30 Muir Road Martinez, CA 94553 County Clerk County of: Contra Costa Project Title : Roof and HVAC Replacement Project, 2870 Howe Road, Martinez Project Applicant: Housing Authority of the County of Contra Costa Project Location: 2870 Howe Road, Martinez, CA -94553 Project Location: County: Contra Costa Assessors Parcel Number: 376-090-020 Description of Nature, Purpose and Beneficiaries of Project:  The project consists of roofing and HVAC replacement work, at an administrative building owned by the Housing Authority. Financing for the project is supplied by the Housing Authority.  The purpose of the project is replace deteriorated roofing and HVAC equipment as required to allow continued occupancy and use of the building.  The beneficiary of the project is the property owner, Housing Authority of the County of Contra Costa. Name of Public Agency Approving Project: Department of Conservation and Development Name of Person or Agency Carrying Out Project: Housing Authority of Contra Costa County Exempt Status: Ministerial Project (Sec. 21080(b) (1); 15268(a); Categorical Exemption, Declared Emergency (Sec. 21080(b)(3); 15269(a)); Other Statutory Exemption Emergency Project (Sec. 21080(b)(4); 15269(b)(c)); General Rule of Applicability Reasons why project is exempt: This project is exempt from CEQA as determined by the Department of Conservation and Development for it is a ministerial action on the fact that it does not include any discretionary analysis, and it requires to be compliant with all of the County adopted Building Codes/regulations and only requires the issuance of miscellaneous building/electrical permits. Lead Agency Contact Person: Telma B. Moreira Area Code/Telephone/Extension: 925-674-7783 If filed by applicant: 1. Attach certified document of exemption finding. 2. Has a Notice of Exemption been filed by the public agency approving the project? Yes No Signature: ___________________________________ Date: ________________ Title: _________________________ Signed by Lead Agency Signed by Applicant AFFIDAVIT OF FILING AND POSTING I declare that on I received and posted this notice as required by California Public Resources Code Section 21152(c). Said notice will remain posted for 30 days from the filing date. Signature Title Applicant: Department of Fish and Game Fees Due Robert Moore EIR - $3,029.75 Total Due: $ Housing Authority of the County of Contra Costa 3133 Estudillo Street Martinez, CA 94553 Neg. Dec. - $2,181.25 Total Paid $ DeMinimis Findings - $0 County Clerk - $50 Receipt #: Conservation & Development - $25 November 6, 2018 BOS Minutes 681 RECOMMENDATION(S): APPROVE the 2017 Annual Crop Report and AUTHORIZE the Agricultural Commissioner, or designee, to submit the publication to the California Department of Food and Agriculture (CDFA). FISCAL IMPACT: There is no fiscal impact. BACKGROUND: Section 2272 and 2279 of the California Food and Agricultural Code requires the County Agricultural Commissioner to submit an annual report to the State Secretary of the CDFA. Data in this report is to be collected and prepared in a manner that will provide the most reliable and accurate estimates of acreage, yield, production, and value. The material is to be presented in a uniform manner, so reports across counties are comparable and of the maximum value to the CDFA. The report provides core agricultural statically data and programmatic information. It includes information about what is being done to eradicate, control, or manage pests. It contains information about the many sources of food production in the County, including commercial and small-scale diversified farms, APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/06/2018 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: 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: November 6, 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:Matt Slattengren Date:November 6, 2018 Contra Costa County Subject:2017 Annual Crop Report for Contra Costa County Department of Agriculture November 6, 2018 BOS Minutes 682 BACKGROUND: (CONT'D) community and school gardens, nurseries, and livestock production. The report details the work being completed by Weights and Measures staff, and what Agriculture staff does to support a robust agricultural industry. CONSEQUENCE OF NEGATIVE ACTION: A negative action would delay or prevent filing the required county crop report. This would cause a breach in the Memorandum of Understanding between the CDFA, and the California Agricultural Commissioners and Sealers Association. ATTACHMENTS 2017 Crop Report November 6, 2018 BOS Minutes 683   CONTRA COSTA COUNTY  AGRICULTURAL CROP REPORT    & 2019 CALENDAR  2017  November 6, 2018 BOS Minutes 684 Agricultural Commissioner / Director of Weights & Measures Humberto Izquierdo Assistant Agricultural Commissioner / Sealer Matt Slattengren Deputy Agricultural Commissioners / Sealers Beth Slate, Larry Yost, Gill Rocha Agricultural Biologists Simone Ackermann, Karen Adler, Keri Brumfield, Ralph Fonseca, Ivan Godwyn, Abdoulaye Niang, Lucas Pattie, Wil Schaub, Cecilie Siegel, Greg Spurlock, Jorge Vargas, Janessa Walters Weights & Measures Inspectors Gabriel Adebote, Christine Buelna, Patrick Bowen, Ngozi Egbuna, Harmeet Gill, Chris Michaels Agricultural & Standards Aides David Hallinan, Karin Linnen, Shannon Smith Administrative Support Roxann Crosby, Stephanna Hidalgo Information Technology Support Susan Wright Pest Detection, Pest Management, and Glassy-Winged Sharpshooter Staff Danilo Angcla, Amanda Crosby, Barry Dagenbach, Ana De Abreu, Barbara Glenn, Warren Kawamoto, John Luzar, Rick Mata, Linda Mazur, Kerry Motts, Connor Nitsos, Eldren Prieto, Sarah Ratto, Rhyan Roseman, Daniel Sinz, Lindsay Skidmore, Wendy Winter, Tom Wright, Oscar Zaldua Pest Quarantine Detector Canine Conan Siegel Title Page Agricultural Commissioner and Sealer’s Letter 3 Mission Statement Jan 4 Production Summary / Leading Crops Feb 5 Vegetable and Seed Crops Mar 7 Livestock and Livestock Products Apr 9 Asparagus May 11 Certified Farmers’ Markets Jun 13 U-Pick Jul 15 Fruit and Nut Crops Aug 17 Field Crops Sep 19 Nursery Production Oct 21 Pest Detection Nov 23 Pest Exclusion & Canine Teams Dec 25 Table of Contents Staff Contra Costa County Department of Agriculture/Weights & Measures 2380 Bisso Lane, Concord, CA 94520 Tel. (925) 608-6600 http://www.co.contra-costa.ca.us/1542/Agriculture-Weights-Measures email: AgCommissioner@ag.cccounty.us November 6, 2018 BOS Minutes 685 Karen Ross, Secretary California Department of Food and Agriculture and The Honorable Board of Supervisors of Contra Costa County I am pleased to submit the 2017 Agricultural Crop Report for Contra Costa County in accordance with the provisions of Section 2272 and 2279 of the California Food and Agricultural Code. The total gross value of agricultural crops in 2017 was $120,441,000 which is a decrease of $7,615,000 or 6% from 2016. In general, demand and prices have remained strong for agricultural crops in Contra Costa County. Crop values vary from year to year due to factors such as production, weather, and market conditions. Some notable changes include an 31% increase in nursery product value and a significant decrease of 43% of field crop values. Livestock and livestock product values remained largely unchanged with a small increase in production values of almost $1,000,000. Approximately 2.5% or 4,861 acres of the total cultivated acreage was farmed organically on 15 farms. Several crop categories exceeded one million dollars in value. These categories in decreasing order include cattle and calves, tomatoes, sweet corn, grapes, miscellaneous vegetables, cherries, rangeland, walnuts, irrigated pasture, field corn, peaches and alfalfa hay. It should be emphasized that the values stated in this report are gross receipts and do not include the cost of production, transportation, or marketing of the products. The economic benefit of agricultural production is generally thought to be about three times the gross production value. I truly appreciate the agricultural producers and organizations that shared information and supported our efforts in completing this report. Special recognition goes to all of the staff who assisted in compiling this information to make this report possible. Respectfully Submitted, Humberto Izquierdo Agricultural Commissioner Sealer of Weights and Measures Agricultural Commissioner and Sealer’s Letter Contra Costa County November 6, 2018 BOS Minutes 686 Mission Statement The Contra Costa County Department of Agriculture, under the direction of the California Department of Food and Agriculture, Department of Pesticide Regulation, and Division of Measurement Standards, is responsible for conducting regulatory and service activities pertaining to the agricultural industry and the consumers of our County. The primary goal of this office is to promote and protect agriculture while safeguarding the public and the environment. Our work as County Weights and Measures officials in the community ensures a safe place to live and a fair marketplace for trade. November 6, 2018 BOS Minutes 687 Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2 3 4 5 New Year’s Day 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Martin Luther King Jr. Day 27 28 29 30 31 January 2019 Gross Production Values by Category Vegetable & Seed Crops Livestock & Livestock Products Fruit & Nut Crops Field Crops Nursery Products $50,434,000 $25,877,000 $25,841,000 $9,572,000 $8,717,000 Leading Crops 0 5 10 15 20 25 24.57 23.42 18.98 11.92 8.04 6.03 3.55 2.39 1.64 1.36USD MillionsNovember 6, 2018 BOS Minutes 688 November 6, 2018 BOS Minutes 689 Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 February 2019 Gross Value Change in Gross Value Total Cultivated Acreage Change in Acreage Ranking Category 2017 2016 % 2017 2016 % 2017 2016 Vegetable & Seed Crops $50,434,000 $53,908,000 -6 9,161 8,977 2 1 1 Livestock & Livestock Products $25,877,000 $24,981,000 4 n/a n/a n/a 2 3 Fruit & Nut Crops $25,841,000 $25,673,000 1 4,234 4,183 1 3 2 Field Crops $9,572,000 $16,845,000 -43 185,993 197,405 -6 4 4 Nursery Products $8,717,000 $6,649,000 31 23 21 10 5 5 Total $120,441,000 128,056,000 -6 199,411 210,586 Production Summary November 6, 2018 BOS Minutes 690 November 6, 2018 BOS Minutes 691 Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 March 2019 Vegetable & Seed Crops Crop Year Harvested Acreage Production Per Acre Tons Harvested Value Per Ton Total Value1 1 Values represent rounded estimates based on data collected from producers, experts, and literature. 2 Includes fresh and processing tomatoes. 3 Includes asparagus, artichokes, beans, beets, broccoli, cabbage, cardoon, carrots, cauliflower, cucumbers, eggplant, garlic, ginseng, kohlrabi, lettuce, okra, onions, greens, herbs, melons, mushrooms, peas, peppers, potatoes, pumpkins, radishes, squash, and wheat grass. Tomatoes2 2017 2016 4,512 3,520 46.39 tons 48.01 tons 209,300 169,000 various $23,415,000 $19,987,000 Sweet Corn 2017 2016 3,500 4,026 10.70 tons 11.00 tons 37,500 44,300 $506 $525 $18,975,000 $23,258,000 Misc.3 2017 2016 1,149 1,431 various various various $8,044,000 $10,663,000 Total 2017 2016 9,161 8,977 $50,434,000 $53,908,000 November 6, 2018 BOS Minutes 692 November 6, 2018 BOS Minutes 693 Commodity Year Number of Head Total Live Weight Value Per CWT Total Value1 1 Values represent rounded estimates based on data collected from producers, experts and literature. 2 Includes honey, wax and pollination. 3 Includes chickens, ducks, emus, goats, hogs, llamas, ostriches, pigs, rabbits, sheep, turkeys, milk, wool and eggs. Cattle & Calves 2017 2016 22,289 19,257 185,053 lbs. 169,134 lbs $133 $138 $24,572,000 $23,267,000 Apiary Products2 2017 2016 n/a n/a n/a $424,000 $414,000 Misc. Livestock3 2017 2016 n/a n/a n/a $881,000 $1,300,000 Total 2017 2016 $25,877,000 $24,981,000 Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 April 2019 Livestock & Livestock Products November 6, 2018 BOS Minutes 694 November 6, 2018 BOS Minutes 695 Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Memorial Day May 2019 Asparagus in Contra Costa County Asparagus has a long history in Contra Costa County. It was first planted in the 1850’s in the San Joaquin Delta region of California, where it flourished in the peat soils. This relatively salt tolerant crop grows well when there is a high water table and soil rich in organic matter. The earliest county crop report of 1939 stated an asparagus cultivation area of 7,100 acres. Harvesting and packing asparagus, which produces spears between February and May, are very labor intensive. Asparagus is capable of growing three to six inches on a warm day, and produces market-ready spears in a 24-hour period. During the prime growth season, workers must hand-harvest the asparagus every day for market. The decline of the asparagus industry in California is closely tied to the high harvest and post-harvest labor requirements. About 75% of the cost of asparagus production is due to labor costs1. Rising wage requirements, combined with an overall shortage of farm workers, have made it difficult to hire workers able to harvest and pack the asparagus. At the same time, changing market forces have led to an influx of cheap imported asparagus. In the past, the US applied a 25% tariff on imported asparagus between February and June, which protected the California asparagus industry from cheaper asparagus grown in countries with lower labor costs. The loss of this protection, combined with rising labor costs, have resulted in an increase in imported asparagus from 10.8% of US consumption in 1980 to 91.2% in 20151. Today, there is one asparagus grower left in Contra Costa County who sells solely at the Certified Farmers’ Markets. While the total acreage in asparagus production has dwindled to less than fifty acres, those lucky enough to find the asparagus at their local Farmers’ Market can still taste the fresh asparagus once common to the Delta region. 1 Satran, J. (2015). Most of your asparagus comes from abroad these days. Here’s why. Huffington Post. Retrieved from https://www.huffingtonpost.com/2015/04/10/asparagus-farms-california_n_7029836.html 1 Burfield, T. (2017). The continuing decline of U.S. asparagus. The Packer. Retrieved from https://www.thepacker.com/article/continuing-decline-us-asparagus November 6, 2018 BOS Minutes 696 November 6, 2018 BOS Minutes 697 5 Star Cherries – Enos Family Cherries Mangini Farms Cherries Annie’s Happy Farm Apricots, Cherries, Peaches, etc. McKinney Farms Nectarines, Peaches Bacchini’s Fruit Tree Apricots, Cherries, Peaches, etc. Mike’s U-Pick Apricots, Cherries, Nectarines, Peaches Berry Best Farm Blackberries, Strawberries Moffatt Ranch Nectarines, Peaches Bloomfield Cherries Cherries Nunn Better Farms Cherries Canciamilla Ranch Nectarines, Peaches, Plums Orchard & Vine Cherries Chan’s Fruit Stand Blackberries, Strawberries Papa’s U-Pick Cherries Cherries Chavez U-Pick Cherries Cherries Papini Family Orchards Cherries Cherry Time Cherries Pease Ranch Blackberries, Cherries DC’s Extraordinary Cherries Cherries Peterwolfe.com Peaches De Jesus Ranch Cherries Pomeroy Farm Apricots, Cherries, Nectarines, Peaches Farmer John’s Cherry Farm Cherries Rancho Zaragoza Apricots, Nectarines, Peaches, etc. Freitas Ranch Cherries Cherries RC U-Pick Cherries Cherries G & S Farms Cherries Salvador Family Farm Cherries Gursky Ranch County Store Pomegranates, Walnuts Seko Ranch Cherries Cherries Heritage Family Farm Blue + Black Berries, Cherries Smith Family Farm Aprictos, Nectarines, Peaches, Plums, etc Kelsey Cherry Pickin’ Farm Cherries Stoney Family Farms Cherries Laird Ranch Cherries The Farmer’s Daughter Apples, Aprictos, Nectarines, Peaches Lopez Ranch Cherries The Stand at Knightsen Apricots Maggiore Cherry Ranch Cherries Vornhagen Farms Cherries Maggiore Ranches Cherries Wolfe Ranch Cherries Cherries Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 June 2019 U-Pick Farms http://harvest4you.com November 6, 2018 BOS Minutes 698 November 6, 2018 BOS Minutes 699 Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2 3 4 5 6 Independence Day 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 In 2017, Contra Costa County Agricultural Department certified 22 farmers’ markets, issued 60 Contra Costa Certified Producer’s Certificates, and conducted 99 market inspections. Currently operating Farmers’ Markets in Contra Costa County: CFM Name / Location Day CFM Name / Location Day Alamo Sun Oakley Sat Antioch Kaiser Thu Orinda Sat Brentwood Sat Pinole Sat Clayton Sat Pittsburg Sat Concord Tue + Thu Pleasant Hill Tue Danville Sat Richmond Fri Diablo Valley Shadelands Sat Rossmoor Fri El Cerrito Tue + Sat San Ramon Bishop Ranch 2 Sat Kensington Sun San Ramon Bishop Ranch 3 Thu Martinez Sun Walnut Creek Kaiser Tue Moraga Sun Walnut Creek Sun July 2019 Certified Farmers’ Markets (CFM) November 6, 2018 BOS Minutes 700 November 6, 2018 BOS Minutes 701 Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 August 2019 Fruit & Nut Crops Crop Year Harvested Acreage Production Per Acre Harvested Tons Value Per Ton Total Value 1 1 Values represent rounded estimates based on data collected from producers, experts, and the literature. 2 Includes almonds, apples, apriums, Asian pears, berries, citrus, figs, melons, pears, pecans, persimmons, pistachios, prunes, pomegranates, quinces and strawberries. Apricots 2017 2016 125 101 2.85 tons 5.15 tons 356 520 $3,206 $2,063 $1,141,000 $1,073,000 Cherries 2017 2016 566 580 2.99 tons 1.48 tons 1,680 858 $3,591 $4,660 $6,033,000 $3,998,000 Grapes 2017 2016 2,545 2,499 5.05 tons 5.05 tons 12,900 12,600 $924 $1,096 $11,920,000 $13,810,000 Nectarines 2017 2016 27 31 5.28 tons 5.73 tons 143 176 $2,835 $2,712 $405,000 $483,000 Olives 2017 2016 174 158 2.50 tons 2.13 tons 435 337 $885 $876 $385,000 $295,000 Peaches 2017 2016 101 125 4.57 tons 5.88 tons 463 735 $2,652 $2,491 $1,228,000 $1,831,000 Plums & Pluots 2017 2016 42 38 4.92 tons 5.46 tons 207 207 $2,326 $3,234 $481,000 $669,000 Walnuts 2017 2016 474 450 1.93 tons 2.28 tons 915 1,030 $2,610 $1,776 $2,388,000 $1,829,000 Miscellaneous 2 2017 2016 184 201 various various various $1,860,000 $1,685,000 Total 2017 2016 4,234 4,183 $25,841,000 $25,673,000 November 6, 2018 BOS Minutes 702 November 6, 2018 BOS Minutes 703 Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2 3 4 5 6 7 Labor Day 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 September 2019 Field Crops Crop Year Harvested Acreage Production Per Acre Tons Harvested Unit Value Per Unit Total Value 1 Alfalfa Hay 2017 2016 1,774 1,909 3.75 4.16 6,650 7,940 Ton $167.51 $155.70 $1,114,000 $1,236,000 Cereal Hay 2017 2016 1,542 2,917 2.42 4.54 3,730 13,200 Ton $103.00 $55.38 $384,000 $731,000 Field Corn 2017 2016 2,781 7,408 3.16 3.92 8,790 29,000 Ton $155.15 $153.55 $1,364,000 $4,453,000 Irrigated Pasture 2017 2016 5,450 5,450 n/a n/a Acre $300.00 $300.00 $1,635,000 $1,635,000 Rangeland 2017 2016 169,000 169,000 n/a n/a Acre $21.00 $21.00 $3,549,000 $3,549,000 Wheat 2017 2016 2,943 3,063 1.35 2.06 3,970 6,310 Ton $152.38 $183.68 $605,000 $1,159,000 Misc.2 2017 2016 2,503 7,658 various various var. various $921,000 $4,082,000 Total 2017 2016 185,993 197,405 $9,572,000 $16,845,000 1 Values represent rounded estimates based on data collected from producers, experts, and literature. 2 Includes barley, corn silage, forage hay, hay (wild), rye, safflower, silage, straw, Sudan grass, and sorghum. November 6, 2018 BOS Minutes 704 November 6, 2018 BOS Minutes 705 Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 October 2019 Nursery Production Commodity Year Greenhouse Production Field Production Total Value1 1 Values represent rounded estimates based on data collected from producers, experts and literature. 2 Includes Christmas Trees, Cactus, Ground Covers, Propagative Materials, Ornamental Trees & Shrubs, Fruit Trees, Cut Flowers. Flowers & Foliage 2017 2016 n/a 26,000 sq.ft. n/a n/a n/a $20,000 Nursery Products 2 2017 2016 49,300 sq.ft. 39,725 sq.ft. 23.0 acres 21.0 acres $8,717,000 $6,629,000 Total 2017 2016 $8,717,000 $6,649,000 November 6, 2018 BOS Minutes 706 November 6, 2018 BOS Minutes 707 Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Veterans Day 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Thanksgiving Day November 2019 Pest Detection Insect Pest Total No. of Traps Total Trap Servicings Insect Pest Total No. of Traps Total Trap Servicings Asian Citrus Psyllid 855 4,570 Japanese Beetle 704 4,834 General Fruit Fly 885 27,419 Mediterranean Fruit Fly 853 13,426 Glassy-Winged Sharpshooter 818 14,201 Melon Fly 836 10,097 Gypsy Moth 703 5,010 Oriental Fruit Fly 913 14,349 November 6, 2018 BOS Minutes 708 November 6, 2018 BOS Minutes 709 Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Christmas Day 29 30 31 New Year’s Eve December 2019 Pest Exclusion Post Office/UPS/FedEx – Package Inspections 5,405 Truck Shipment Inspections from within California 1,867 Truck Shipment Inspections from other States 173 Household Goods Inspections for Gypsy Moth 68 Non-native Pest Interceptions 12 Canine Detection Non-native Pest Interceptions 1 231 Quarantine Pest, Certification and Markings Rejections 123 1 Interceptions in Contra Costa, San Joaquin, Santa Clara, and Yolo Counties Pest Management Weed Pest Sites Surveyed Acres Treated Acres Surveyed Control Method Artichoke Thistle 44 45.5 41,714 Chemical Purple Starthistle 19 5.8 2,539 Chemical November 6, 2018 BOS Minutes 710 http://www.co.contra-costa.ca.us/1542/Agriculture-Weights-Measures CONTRA COSTA COUNTY Department of Agriculture Weights & Measures 2380 Bisso Ln, Concord, CA 94520 TEL (925) 608-6600 FAX (925) 608-6620 November 6, 2018 BOS Minutes 711 RECOMMENDATION(S): ADOPT Resolution No. 2018/551 implementing Revenue and Taxation Code section 5105 in the County for all property tax refunds that are not based on an underlying application for changed assessment, authorizing the Auditor-Controller to issue property tax refunds under five thousand dollars ($5,000) without a claim for refund in such cases, when there has been no transfer of the property during or since the fiscal year for which the taxes subject to refund were levied. FISCAL IMPACT: Adoption of the resolution is intended to reduce administrative costs required to process property tax refunds of less than $5,000, but may result in an increase in refunds. BACKGROUND: It is not uncommon for property tax payments to be duplicated or overpaid by a homeowner and/or lender, especially when an impound account exists. Property taxes are also sometimes overpaid because of a reduction in the assessed value of a property, or the special taxes APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/06/2018 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Brice Bins, (925) 957-2848 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 6, 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:Russell Watts, Treasurer-Tax Collector Date:November 6, 2018 Contra Costa County Subject:ADOPT Resolution No. 2018/551 implementing Revenue and Taxation Code section 5105 in the County for property tax refunds November 6, 2018 BOS Minutes 712 BACKGROUND: (CONT'D) or levies relating to the property after a property tax bill has been paid. In such cases, a property tax refund may be appropriate. Property tax law generally requires that a refund only be made pursuant to a claim for refund. Senate Bill 1246, which adds Revenue and Taxation Code section 5105, effective January 1, 2019, allows refunds of under $5,000 to be issued without a claim for refund where there has been no transfer of the property during or since the fiscal year for which the taxes subject to the refund were levied. The board of supervisors of a county must adopt a resolution to implement the provisions of Section 5105. Adoption of the Resolution will implement Revenue and Taxation Code section 5105 in the County, except where the refund of property taxes is connected with an underlying application for changed assessment. In such cases, claim for refund must be filed before property taxes may be refunded. By streamlining the property tax refund process, implementation of Section 5105 allows the Auditor-Controller and the Treasurer-Tax Collector to expedite property tax refunds to taxpayers. CONSEQUENCE OF NEGATIVE ACTION: Failure to take the recommended action will prevent the County from recognizing the processing efficiencies that may be achieved through this new law. AGENDA ATTACHMENTS Resolution No. 2018/551 MINUTES ATTACHMENTS Signed Resolution No. 2018/551 November 6, 2018 BOS Minutes 713 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and for Special Districts, Agencies and Authorities Governed by the Board Adopted this Resolution on 11/06/2018 by the following vote: AYE:5 John Gioia Candace Andersen Diane Burgis Karen Mitchoff Federal D. Glover NO: ABSENT: ABSTAIN: RECUSE: Resolution No. 2018/551 IN THE MATTER OF issuing refunds of property taxes paid without a claim for refund in certain circumstances. The Board of Supervisors of Contra Costa County RESOLVES THAT: WHEREAS: Currently, property tax law generally requires that a refund of property taxes or assessments be made pursuant to a verified claim for refund. A. Senate Bill 1246 (2018) adds Section 5105 to the Revenue and Taxation Code, which allows the board of supervisors of a county to implement its provisions by adopting a resolution or ordinance. B. Under Revenue and Taxation Code section 5105, a county auditor may issue a refund of property taxes or assessments without a verified claim for refund if there has been no transfer of the property in the fiscal year that the taxes were levied and if the refund amount is less than $5,000. C. NOW THEREFORE, BE IT RESOLVED: The Board hereby resolves to implement Revenue and Taxation Code section 5105 in the County for property tax refunds that are not based on an underlying application for changed assessment, effective January 1, 2019. The Auditor-Controller is authorized to issue a refund of property taxes or assessments in an amount less than $5,000 without a verified claim for refund if there has been no transfer of the property in the fiscal year that the taxes were levied and the refund is not connected to an underlying application for changed assessment. Contact: Brice Bins, (925) 957-2848 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 6, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: November 6, 2018 BOS Minutes 714 November 6, 2018 BOS Minutes 715 RECOMMENDATION(S): ACKNOWLEDGE receipt of notice from David R. Ruecker, an individual, requesting termination of Contract #74-479-5, as amended by Amendment Agreement #74-479-6, effective at the end of day on September 30, 2018, for provision of outpatient psychiatric care for Seriously Emotionally Disturbed (SED) children and adolescents in Central Contra Costa County. FISCAL IMPACT: This Contract was funded by 50% Federal Medi-Cal and 50% Mental Health Realignment. BACKGROUND: On May 1, 2018, the Board of Supervisors approved Contract #74-479-5, as amended by Amendment Agreement #74-479-6, with David R. Ruecker, for the provision of outpatient psychiatric care for SED children and adolescents in Central Contra Costa County for the period from May 1, 2018 through April 30, 2019 The purpose of this Board Order is to advise the Board of Supervisors that the Contractor has provided the Department with a 30-day notice to terminate Contract #74-479-5, as amended by Amendment Agreement #74-479-6, in accordance with General Conditions, Paragraph 5. (Termination and Cancellation) of the Contract. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/06/2018 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: 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: November 6, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: L Walker, M Wilhelm C. 84 To:Board of Supervisors From:Anna Roth, Health Services Director Date:November 6, 2018 Contra Costa County Subject:Acknowledge termination of Contract #74-479-5 with David R. Ruecker November 6, 2018 BOS Minutes 716 RECOMMENDATION(S): RECEIVE and ACCEPT the 2017 Annual Report submitted by the Bethel Island Municipal Advisory Council, as recommended by Supervisor Diane Burgis. FISCAL IMPACT: None. BACKGROUND: On June 18, 2002, the Board of Supervisors adopted Resolution No. 2002/377, which requires that each regular and ongoing board, commission, or committee shall annually report to the Board of Supervisors on its activities, accomplishments, membership attendance, required training/certification (if any), and proposed work plan or objectives for the following year, on the second Tuesday of December. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/06/2018 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: LEA CASTLEBERRY (925) 252-4500 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 6, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C. 85 To:Board of Supervisors From:Diane Burgis, District III Supervisor Date:November 6, 2018 Contra Costa County Subject:2017 ANNUAL REPORT FROM THE BETHEL ISLAND MUNICIPAL ADVISORY COUNCIL November 6, 2018 BOS Minutes 717 ATTACHMENTS Bethel Island MAC 2017 Annual Report November 6, 2018 BOS Minutes 718 1 The Bethel Island Municipal Advisory Council serves as an advisory body to the Contra Costa County Board of Supervisors and the County Planning Agency. 2017 Annual Report to the Board of Supervisors Prepared by: Office of Supervisor Diane Burgis, Lea Castleberry Submitted by: Belinda Bittner, Chairperson Activities and Accomplishments The primary goals of the Bethel Island MAC in 2017 were to increase community awareness and participation at the monthly MAC meetings and to represent the community’s interests, concerns and voice for the Board of Supervisors. The MAC received informative presentations and provided thoughtful feedback on matters that impact Bethel Island and look forward to receiving additional updates in 2018: • Mar: East Contra Costa County Fire Protection District, Fire Chief Hugh Henderson regarding Water Tank Requirements and Code • May: Ed Horn, Construction Manager for Delta Coves regarding a project update • Oct: Stanley Muraoka, Department of Conservation and Development regarding the proposed Urban Farm Ordinance • Oct: Mary Halle, Senior Civil Engineer, Public Works Department regarding Bethel Island’s Area of Benefit Overview • Oct: Nick Taratsas, General Manager for Delta Coves regarding project overview and update The MAC’s activities and efforts have resulted in improvements and changes in 2017: • A successful Community Clean-Up Day was held October 7, 2017. The Brentwood Disposal Company donated dumpster bins and staff time for the event. The community cleanup was free of charge to all Bethel Island residents. Bethel Island Municipal Advisory Council Belinda Bittner, Chair Supervisor Diane Burgis, District III Lea Castleberry, Deputy Chief of Staff 3361 Walnut Blvd., Ste 140 Brentwood, CA 94513 (925) 252-4500 Lea.Castleberry@bos.cccounty.us November 6, 2018 BOS Minutes 719 Bethel Island MAC 2017 Annual Report and 2018 Work Plan 2 • Hosted the 2017 Bethel Island Health and Safety Fair • Continuing to work on projects for the community with the PG&E Mitigation Funds. • Funded and Established with PG&E Mitigation Funds, a “Bethel Island Welcome Sign”. • Continuing to work on the installation of the “Dry Hydrant” program. • Continuing to work with East Contra Costa Fire Protection District promoting the sale and installation of reflective house number signs. • Continuing to promote and expand the Heart Safe Communities program. • Continuing to work with the Bethel Island Municipal Improvement District on services and funding for the Bethel Island community park. • Continuing to work with the Sheriff’s Department, East Contra Costa Fire Protection District and California Highway Patrol on safety concerns within the Bethel Island community. • Participating in the quarterly East County Community Disaster Committee. • Established an Ad Hoc Fire Safety Committee for Water Tank requirements by Fire Code. • Co-Hosted the Bethel Island Fire Services Forum The MAC receives monthly reports from the following agencies: • California Highway Patrol – Officer Donnie Thomas • Contra Costa Sheriff’s Department – Tony Fontenot, Crime Prevention Specialist • East Contra Costa Fire Protection District – Fire Chief Brian Helmick • Office of Supervisor Diane Burgis – Lea Castleberry, Deputy Chief of Staff The MAC has become a place where Bethel Island residents can receive updated information on services provided by Contra Costa County and/or other local agencies such as public health, safety, welfare, public works and planning. 2017 Membership Chair, Belinda Bittner Vice Chair, Rob Brunham Councilmember, Pam Allen Councilmember, Ken Quick Councilmember Mark Whitlock Attendance in 2017 January – Meeting Cancelled February – Meeting Cancelled March - Councilmember Allen Absent April – No Absences May – No Absences November 6, 2018 BOS Minutes 720 Bethel Island MAC 2017 Annual Report and 2018 Work Plan 3 June – No Absences July – No Absences August – No absences September – Councilmember Allen Absent October – No Absences November – Chair Bittner Absent December – Meeting Cancelled MAC Work Plan and Objectives for 2018 The Bethel Island MAC priorities for 2018 will continue to provide the community with the opportunity to communicate with the various County Departments. We will work to schedule pertinent and informative speak presentations at the monthly meetings. We will continue to work on items including: 1. Reflective Address Signs 2. Code Enforcement Priorities 3. Dry Hydrants 4. Outreach to the local mobile home parks 5. Heart Safe Communities Program 6. Transportation Outreach 7. Public Safety Outreach The Bethel Island MAC is scheduled to meet on the 2nd Tuesday of the month at 6:00p.m. at the Bethel Island Municipal Improvement District Office located at 3085 Stone Road. November 6, 2018 BOS Minutes 721 RECOMMENDATION(S): RECEIVE and ACCEPT the Annual Report submitted by the Byron Municipal Advisory Council, as recommended by Supervisor Diane Burgis. FISCAL IMPACT: None. BACKGROUND: On June 18, 2002, the Board of Supervisors adopted Resolution No. 2002/377, which requires that each regular and ongoing board, commission, or committee shall annually report to the Board of Supervisors on its activities, accomplishments, membership attendance, required training/certification (of any), and proposed work plan or objectives for the following year, on the second Tuesday of December. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/06/2018 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: LEA CASTLEBERRY (925) 252-4500 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 6, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C. 86 To:Board of Supervisors From:Diane Burgis, District III Supervisor Date:November 6, 2018 Contra Costa County Subject:2017 ANNUAL REPORT FROM THE BYRON MUNICIPAL ADVISORY COUNCIL November 6, 2018 BOS Minutes 722 ATTACHMENTS Byron MAC 2017 Annual Report November 6, 2018 BOS Minutes 723 1 The Byron Municipal Advisory Council serves as an advisory body to the Contra Costa County Board of Supervisors and the County Planning Agency. 2017 Annual Report to the Board of Supervisors Prepared by: Office of Supervisor Diane Burgis, Lea Castleberry Submitted by: Father Ron Schmit, Chairperson Activities and Accomplishments The primary goals of the Byron MAC in 2017 were to increase community awareness and participation at the monthly MAC meetings and to represent the community’s interests, concerns and voice for the Board of Supervisors. The MAC received informative presentations and provided thoughtful feedback on matters that impact Byron and look forward to receiving additional updates in 2018: • Apr: County Public Works and California Highway Patrol regarding Camino Diablo Road • May: County Public Works regarding Sidewalk Improvements on Main Street • May: County Public Works, Steve Kowalewski regarding Airport Connector Update • Aug: Stanley Muraoka, Department of Conservation and Development regarding the proposed Urban Farm Ordinance The MAC’s activities and efforts have resulted in improvements and changes in 2017: • A successful Community Clean-Up Day was held October 7, 2017. The Brentwood Disposal Company donated dumpster bins and staff time for the event. The community cleanup was free of charge to all Bethel Island residents. • Implementation of the Camino Diablo/Byron Highway Intersection Improvement Project Byron Municipal Advisory Council Father Ron Schmit, Chair Supervisor Diane Burgis, District III Lea Castleberry, Deputy Chief of Staff 3361 Walnut Blvd., Ste 140 Brentwood, CA 94513 (925) 252-4500 Lea.Castleberry@bos.cccounty.us November 6, 2018 BOS Minutes 724 Byron MAC 2017 Annual Report and 2018 Work Plan 2 • New sidewalks in downtown Byron on Main Street • Implementation of No Truck signs on Camino Diablo • Continuing to promote and expand the Heart Safe Communities program. • Continuing to work with the Sheriff’s Department, East Contra Costa Fire Protection District and California Highway Patrol on safety concerns within the Byron community. • Participating in the quarterly East County Community Disaster Committee. The MAC receives monthly reports from the following agencies: • California Highway Patrol – Officer Donnie Thomas • Contra Costa Sheriff’s Department – Tony Fontenot, Crime Prevention Specialist • East Contra Costa Fire Protection District – Battalion Chief, Ross Macumber • Office of Supervisor Diane Burgis – Lea Castleberry, Deputy Chief of Staff The MAC has become a place where Byron residents can receive updated information on services provided by Contra Costa County and/or other local agencies such as public health, safety, welfare, public works and planning. 2017 Membership Chair, Father Ron Schmit Vice Chair, Timothy Maggiore Councilmember, Dennis Lopez Councilmember, Mike Nisen Councilmember, Linda Thuman Attendance in 2017 January – Meeting Cancelled February – Meeting Cancelled March – No Absences April – Vice Chair Maggiore Absent May – No Absences June – Chair Schmit and Vice Chair Maggiore Absent July – Meeting Cancelled August – Councilmembers Thuman and Nisen Absent September – Meeting Cancelled October – Vice Chair Maggiore Absent November – Vice Chair Maggiore Absent December – Meeting Cancelled November 6, 2018 BOS Minutes 725 Byron MAC 2017 Annual Report and 2018 Work Plan 3 MAC Work Plan and Objectives for 2018 The Byron MAC priorities for 2018 will continue to provide the community with the opportunity to communicate with the various County Departments. We will work to schedule pertinent and informative speak presentations at the monthly meetings. We will continue to work on items including: 1. Code Enforcement Priorities 2. Heart Safe Communities Program 3. Transportation Outreach 4. Public Safety Outreach 5. Annual Community Clean Up 6. Emergency Operation Plan The Byron MAC is scheduled to meet on the 4th Tuesday of the month at 6:00p.m. at the Byron unified School District Board Room. November 6, 2018 BOS Minutes 726 RECOMMENDATION(S): RECEIVE and ACCEPT the 2017 Annual Report submitted by the Knightsen Town Advisory Council, as recommended by Supervisor Diane Burgis. FISCAL IMPACT: None. BACKGROUND: On June 18, 2002, the Board of Supervisors adopted Resolution No. 2002/377, which requires that each regular and ongoing board, commission, or committee shall annually report to the Board of Supervisors on its activities, accomplishments, membership attendance, required training/certification (if any), and proposed work plan or objectives for the following year, on the second Tuesday of December. CONSEQUENCE OF NEGATIVE ACTION: The Knightsen Town Advisory Council will not be in compliance with the requirement set forth in Resolution No. 2002/377. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/06/2018 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: LEA CASTLEBERRY (925) 252-4500 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 6, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C. 87 To:Board of Supervisors From:Diane Burgis, District III Supervisor Date:November 6, 2018 Contra Costa County Subject:2017 ANNUAL REPORT FROM THE KNIGHTSEN TOWN ADVISORY COUNCIL November 6, 2018 BOS Minutes 727 ATTACHMENTS Knightsen TAC 2017 Annual Report November 6, 2018 BOS Minutes 728 1 The Knightsen Town Advisory Council serves as an advisory body to the Contra Costa County Board of Supervisors and the County Planning Agency. 2017 Annual Report to the Board of Supervisors Prepared by: Office of Supervisor Diane Burgis, Lea Castleberry Submitted by: Steve Ohmstede, Chairperson Activities and Accomplishments The primary goals of the Knightsen TAC in 2017 were to increase community awareness and participation at the monthly TAC meetings and to represent the community’s interests, concerns and voice for the Board of Supervisors. The TAC received informative presentations and provided thoughtful feedback on matters that impact Knightsen and look forward to receiving additional updates in 2018: • Jan: Tony Fontenot, Office of the Sheriff regarding Mail Theft • Mar: Joe Losado, Contra Costa County Enforcement Officer regarding 2017 Code Enforcement Priorities List • Apr: Jerry Fahy, County Public Works Deparment regarding No Rock Slough Bridge • Apr: Donnie Thomas, California Highway Patrol and Jerry Fahy, County Public Works Department regarding No Truck Signs • Aug: Stanley Muroaka, Department of Conservation and Development regarding Urban Farm Ordinance The TAC’s activities and efforts have resulted in improvements and changes in 2017: • A successful Community Clean-Up Day was held May 6, 2017. The Brentwood Disposal Company donated dumpster bins and staff time for the event. The community cleanup was free of charge to all Knightsen residents. • Co-Hosted the 5th Annual Knightsen Holiday Parade Knightsen Town Advisory Council Steve Ohmstede, Chair Supervisor Diane Burgis, District III Lea Castleberry, Deputy Chief of Staff 3361 Walnut Blvd., Ste 140 Brentwood, CA 94513 (925) 252-4500 Lea.Castleberry@bos.cccounty.us November 6, 2018 BOS Minutes 729 Knightsen TAC 2017 Annual Report and 2018 Work Plan 2 • Co-Hosted the Annual Knightsen Tractor and Car Show • Established Truck Traffic signs on Knightsen Ave. and Delta Road • Continuing to promote and expand the Heart Safe Communities program • Continuing to work on reflective address signs throughout community • Continuing to work with the Sheriff’s Department, East Contra Costa Fire Protection District and California Highway Patrol on safety concerns within the Knightsen community. The TAC receives monthly reports from the following agencies: • California Highway Patrol – Officer Donnie Thomas • Contra Costa Sheriff’s Department – Tony Fontenot, Crime Prevention Specialist • East Contra Costa Fire Protection District – Fire Chief Brian Helmick • Knightsen School – Superintedent Theresa Estrada • Office of Supervisor Diane Burgis – Lea Castleberry, Deputy Chief of Staff The TAC has become a place where Knightsen residents can receive updated information on services provided by Contra Costa County and/or other local agencies such as public health, safety, welfare, public works and planning. 2017 Membership Chair, Steve Ohmstede Vice Chair, Al Simas Councilmember, Lori Abreu Councilmember, Kim Carone Councilmember, Greg Williams Attendance in 2017 January – Councilmember Carone Absent February – All Members Present March – All Members Present April – All Members Present May – Meeting Cancelled June – All Members Present July – All Members Present August – All Members Present September – Meeting Cancelled October – Meeting Cancelled November – Councilmember Carone December – Meeting Cancelled November 6, 2018 BOS Minutes 730 Knightsen TAC 2017 Annual Report and 2018 Work Plan 3 TAC Work Plan and Objectives for 2018 The Knightsen TAC priorities for 2018 will continue to provide the community with the opportunity to communicate with the various County Departments. We will work to schedule pertinent and informative speak presentations at the monthly meetings. We will continue to work on items including: 1. Reflective Address Signs 2. Code Enforcement Priorities 3. Transportation Outreach 4. Public Safety Outreach The Knightsen TAC is scheduled to meet on the 3rd Tuesday of the month at 7:30p.m. at the Knightsen Garden Club located at 3067 Knightsen Avenue. November 6, 2018 BOS Minutes 731 RECOMMENDATION(S): ADOPT Resolution No. 2018/543 to increase the size of the Los Medanos Health Advisory Committee to seven members, contingent upon the dissolution of the Los Medanos Community Healthcare District by the Contra Costa Local Agency Formation Commission. FISCAL IMPACT: No fiscal impact. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/06/2018 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Timothy M. Ewell, (925) 335-1036 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 6, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stephanie Mello, Deputy cc: Hon. Michael R. McGill, Chair-Contra Costa LAFCO, Anna Roth, Health Services Director C. 88 To:Board of Supervisors From:David Twa, County Administrator Date:November 6, 2018 Contra Costa County Subject:Los Medanos Health Advisory Committee November 6, 2018 BOS Minutes 732 BACKGROUND: In November 2017, the County submitted an application to the Contra Costa Local Agency Formation District (LAFCO) to dissolve the Los Medanos Community Healthcare District (District). On July 10, 2018, the Board of Supervisors adopted a resolution amending its original application to LAFCO to include a plan for providing comprehensive health-related services within the District’s territory. As part of that amended application, the Board adopted Resolution No. 2018/436, which created the Los Medanos Health Advisory Committee. The Board formed the committee to identify health disparities within the District’s borders and to make recommendations related to a grant program to be conducted in the District’s territory. The committee consisted of five members. The formation of the committee was contingent upon the dissolution of the District The County’s amended application was considered by LAFCO on September 12, 2018. The LAFCO Commission voted unanimously to approve the County’s application with the following three conditions: 1. The number of members on the Los Medanos Health Advisory Committee is to be increased from five to seven. 2. At least 85% of the tax revenue received by the County from the relevant property tax increment is to be expended on programs and grants in the District’s territory. 3. If the real property currently owned by the District is sold or otherwise transferred by the County, any profits generated by such sale or transfer are to be directed to healthcare-related service programs within the District’s territory. The only LAFCO condition that requires Board action at this time is to increase the number of members on the Los Medanos Health Advisory Committee. Resolution No. 2018/543 establishes a seven-member committee consisting of the following members: Two members nominated by the City of Pittsburg Two members nominated by the Bay Point Municipal Advisory Committee One member nominated by the County’s Public Health Division One member nominated by the County’s Behavioral Health Division One member nominated by the Board of Supervisors, based on a recommendation from the Internal Operations Committee of a resident of Pittsburg or Bay Point (an at-large representative) Resolution No. 2018/543 supersedes Resolution No. 2018/436. CONSEQUENCE OF NEGATIVE ACTION: The membership of the Los Medanos Health Advisory Committee will not be consistent with a LAFCO condition of approval of the County’s application to dissolve the Los Medanos Community Healthcare District. CHILDREN'S IMPACT STATEMENT: No impact. AGENDA ATTACHMENTS Resolution No. 2018/543 Resolution No. 2018/543 - Attachment A MINUTES ATTACHMENTS Signed Resolution No. 2018/543 November 6, 2018 BOS Minutes 733 November 6, 2018 BOS Minutes 734 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and for Special Districts, Agencies and Authorities Governed by the Board Adopted this Resolution on 11/06/2018 by the following vote: AYE:5 John Gioia Candace Andersen Diane Burgis Karen Mitchoff Federal D. Glover NO: ABSENT: ABSTAIN: RECUSE: Resolution No. 2018/543 Resolution No. 2018/543 Augmenting the Membership of the Los Medanos Health Advisory Committee WHEREAS, the Board of Supervisors of the County of Contra Costa (the “County”) has submitted an application to the Contra Costa Local Agency Formation Commission (“LAFCO”) for the dissolution of the Los Medanos Community Healthcare District (the “District”) pursuant to the Cortese/Knox/Hertzberg Local Government Reorganization Act of 2000, Division 3, commencing with Section 56000 of the California Government Code; WHEREAS, the Board of Supervisors of the County (the “Board of Supervisors”) desires to promote the health and well-being of the people who live within the boundaries indicated on the map attached as Attachment A and incorporated herein by reference (the “Subject Territory”); WHEREAS, contingent upon the dissolution of the District by LAFCO, the Board of Supervisors desires to create a grant program to provide comprehensive health-related services to residents of the Subject Territory (the “Los Medanos Area Health Plan Grant Program”); WHEREAS, on July 10, 2018, the Board of Supervisors adopted Resolution No. 2018/436, which established the Los Medanos Health Advisory Committee, a five-member advisory committee created to make recommendations to the Board of Supervisors to enable the development and implementation of the Los Medanos Area Health Plan Grant Program; WHEREAS, on September 12, 2018, LAFCO voted unanimously to approve the County’s application to dissolve the District, with the condition that the County increase the number of members on the Los Medanos Health Advisory Committee to seven members. WHEREAS, this resolution supercedes Resolution No. 2018/436. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors as follows: 1. Establishment of the Los Medanos Health Advisory Committee. Contingent upon the dissolution of the District by LAFCO pursuant to the application submitted to LAFCO by the County in November 2017, as amended, the Los Medanos Health Advisory Committee (the “Committee”) is established. 2. Territorial Area. The area the Committee will serve is the Subject Territory. 3. Membership. The Committee will consist of seven (7) members, who are to be selected and appointed by the Board of Supervisors, as follows: (i) two nominated by the City of Pittsburg; (ii) two nominated by the Bay Point Municipal Advisory Council; (iii) one nominated by the County’s Public Health Division, (iv) one nominated by the County’s Behavioral Health Division; and (v) one at-large member, who resides or works within the Subject Territory, nominated by the County’s Internal Operations Committee. November 6, 2018 BOS Minutes 735 4. Term of Office. The initial term of office will be two years for the following members: One member appointed upon the recommendation of the City of Pittsburg. One member appointed upon the recommendation of the Bay Point Municipal Advisory Council. The member appointed upon the recommendation the County’s Public Health Division. The member appointed upon the recommendation of the County’s Internal Operations Committee. The initial term of office will be three years for the following members: One member appointed upon the recommendation of the City of Pittsburg. One member appointed upon the recommendation of the Bay Point Municipal Advisory Council. The member appointed upon the recommendation the County’s Behavioral Health Division. Following their initial terms, each seat will have a three-year term. If a vacancy occurs, a replacement will be selected and appointed by the Board of Supervisors upon the nomination of the entity that nominated the prior holder of the seat. The newly-appointed member will serve the remainder of the term of the prior holder of the seat. Upon the expiration of a member’s term, the member is eligible to be reappointed by the Board of Supervisors. 5. Removal from Office. Each appointed member of the Committee serves at the pleasure of the Board of Supervisors and may be removed, at will, by a majority vote of the Board of Supervisors. 6. Committee Purpose and Duties. The Committee will advise the Board of Supervisors on the development and implementation of the Los Medanos Area Health Plan Grant Program and shall: Develop an area health plan that identifies the major health disparities that impact residents of the Subject Territory, and priorities for improving health outcomes. The plan will be presented to the Board of Supervisors for review and will not be final unless adopted by the Board of Supervisors. The Committee may engage an outside consultant to assist in developing the plan. The Committee shall submit an updated plan for approval by the Board of Supervisors no less than every five years. Solicit proposals from service providers interested in participating the Los Medanos Area Health Plan Grant Program and capable of addressing the priorities outlined in the adopted plan. Funding for grants will be provided from (i) a special fund established by the Auditor-Controller, at the direction of the Board of Supervisors, that is used to segregate the property tax revenue received by the County as a result of the dissolution of the District, and (ii) any other funds made available to the grant program. Monitor the efficacy of the programs to which grants are made. Report to the Board of Supervisors no less than once per year on the execution of the adopted plan, the grants provided under the grant program, the results achieved through the adopted plan and the grant program, and other matters that relate to the Committee’s purpose and duties. 7. Quorum and Vote Necessary for Action. A quorum is a majority vote of the total number of authorized positions on the Committee, not a majority of the total number of filled positions. The Committee may only take action by a majority vote of the total number of authorized positions, not by a majority vote of the quorum. (With seven authorized positions, a quorum is four members; four affirmative votes are necessary for action.) 8. Compensation. Committee members will serve without compensation of any kind, and the Board of Supervisors will not provide funds for the payment of Committee meeting stipends. 9. Administrative Support. Administrative support will be provided to the Committee by the County’s Health Services Department. 10. Committee Funds. November 6, 2018 BOS Minutes 736 Any funds transferred to or received by the County as a result of the dissolution of the District may only be used for the benefit of the residents of the Subject Territory. 11. Committee Operation and Procedural Rules. Within the parameters of this Resolution, the Committee may organize itself and operate as it determines but shall hold regular meetings, at intervals to be established by the Committee, at an established time and place. The Committee may develop bylaws for the operation of the Committee, but such bylaws must be approved by the Board of Supervisors to be effective. The Committee meetings are to be conducted in accordance with the provisions of the Brown Act (Government Code sections 54950 et seq.), including the pre-meeting posting of meeting calendar notices, and the County Better Government Ordinance (County Ordinance Code, Division 25). In addition, the Committee must fully comply with the Board of Supervisors’ policy concerning conflict of interest and open meetings (Resolution No. 2002/375), and the Board’s policy governing appointments to boards, committees, and commissions (Resolution No. 2002/377), as applicable. Contact: Timothy M. Ewell, (925) 335-1036 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 6, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stephanie Mello, Deputy cc: Hon. Michael R. McGill, Chair-Contra Costa LAFCO, Anna Roth, Health Services Director November 6, 2018 BOS Minutes 737 November 6, 2018 BOS Minutes 738 November 6, 2018 BOS Minutes 739 November 6, 2018 BOS Minutes 740 Contra Costa LAFCO  Directory of Local Agencies  August 2017  Page 06‐4 November 6, 2018 BOS Minutes 741 RECOMMENDATION(S): ACCEPT the September 2018 update of the operations of the Employment and Human Services Department, Community Services Bureau, as recommended by the Employment and Human Services Director. FISCAL IMPACT: There is no fiscal impact. BACKGROUND: The Employment and Human Services Department submits a monthly report to the Contra Costa County Board of Supervisors (BOS) to ensure ongoing communication and updates to the County Administrator and BOS regarding any and all issues pertaining to the Head Start Program and Community Services Bureau. CONSEQUENCE OF NEGATIVE ACTION: Not applicable. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/06/2018 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Elaine Burres 608-4960 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 6, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C. 89 To:Board of Supervisors From:Kathy Gallagher, Employment & Human Services Director Date:November 6, 2018 Contra Costa County Subject:September 2018 Operations Update of the Employment and Human Services Department, Community Services Bureau November 6, 2018 BOS Minutes 742 ATTACHMENTS CSB Sept 2018 CAO Report CSB Sept 2018 Report CACFP Report CSB Sept 2018 Report CC Partnership Fiscal Report CSB Sept 2018 Report Credit Card CSB Sept 2018 Report EHS Fiscal CSB Sept 2018 Report HS Fiscal CSB Sept 2018 Report LIHEAP CSB Sept 2018 Report Menu CSB Sept 2018 Report Program Indicator Report EHS 17-18 CSB Sept 2018 Report Program Indicator Report EHS CCP CSB Sept 2018 Report Program Indicator Report EHS CCP2 17-18 CSB Sept 2018 Report Program Indicator Delegate HS 17-18 CSB Sept 2018 Report Program Indicator Early Head Start November 6, 2018 BOS Minutes 743 P: 925 681 6300 F: 925 313 8301 1470 Civic Court, Suite 200 Concord, CA 94520 www.cccounty.us/ehsd To: David Twa, Contra Costa County Administrator From: Kathy Gallagher, EHSD Director Subject: Community Services Monthly Report Date: September 2018 News /Accomplishments  CSB received a visit form Sarah Neville-Morgan, Director of State Dept. of Ed ucation Early Learning and Care Division (EELCD) and Stephanie Myers from the State Head Start Collaboration Office. The visit was conducted at our George Miller III center in Richmond. Staff shared challenges such as staffing shortages and retention and facility needs. Sarah shared her vision of realizing the EELCD Strategic Plan just developed.  October is Head Start Awareness Month and CSB will showcase artwork, storyboards and pictures of children engaged in activities at the Board of Supervisors Chambers to raise awareness to Head Start and the important impact it has in the community. Art pieces will be on display at 651 Pine Street in Martinez from October 1-27, 2018.  The Program Information Report (PIR) was reviewed and submitted to the Office of Head Start. The report validates all of the important services that the Head Start program provides to families. Gathering and compiling this information for a program as large as CSB can be a challenge, but is accomplished through the collaborative efforts of many dedicated staff. For more information, please refer to attachments 11-15 of this report.  Policy Council Orientation for newly elected representatives was held September 29th at the Crown Plaza Hotel. The agenda include d an overview of the Community Services; a fiscal overview; a thorough overview of the Policy Council and shared decision making; presentations from past parents on roles & responsibilities of representatives and Executive Officers; the Brown Act & Better Governance Ordinance (Parliamentary Procedures); and an overview of Head Start Performance Standards.  CSB has developed a wellness team to fully implement the Staff Health Improvement Plan, or SHIP. Earlier this year, the team went to UCLA to attend the UCLA and Johnson & Johnson Building Healthy Communities conference that focused on addressing staff wellness in Head Start programs, and where the SHIP was initially developed. After several assessments, the team has defined the goal for the SHIP to be the following: to holistically improve staff wellness within CSB as well as in the community by focusing on these three primary areas: 1) Organizational supports 2) Nutrition and physical activit y and 3) Stress management. Our wellness team has also partnered with Contra Costa County’s Health Services to develop a wellness initiative, which will help carry out the aforementioned goal, and has already begun leading some of our physical activities a t our meetings.  On September 19, all of CSB’s Managers and Site Supervisors attended a Chronological Supervision training. The purpose of the training was to provide staff with a refresher on CSB’s system for supervising staff . This year’s training included wellness & team building activities. Participants were actively engaged and shared positive feedback from this half day training.  CSB’s Teacher Apprenticeship Program, or TAP, is in its 2nd year with 14 participants in the 2nd cohort for the 2018-2019 program year. The participants, 12 of whom are November 6, 2018 BOS Minutes 744 cc: Policy Council Chair 2 Teacher Assistant Trainees, and two of whom are permanent Associate Teachers, are looking to obtain infant and toddler units. TAP, in partnership with Contra Costa College and the YMCA, is a professional development program designed mainly for our teacher assistants endeavoring to advance their Early Childhood Education (ECE) career; it’s 32 weeks long and offers four ECE courses, and develops participants’ professional knowledge, skills and practices working with young children. Upon successful completion of the program, they become eligible to apply for the California Associate Teacher Permit issued by the Commission on Teacher Credentialing.  CSB’s ability to provide and expand dental services for childr en in need continues. The Life Long Dental Van is providing services in West County and the La Clinica Dental Van is providing services in East County.  CSB congratulates Sarah Reich, Pam Arrington, Isabel Renggenathen and Carolyn Johnson for completing the EHSD Leadership Academy. The graduation, which was held September 19, 2018, was attend by several of CSB’s senior managers. The group was proud to celebrate with all of the graduates, and acknowledged them for all of their hard work over the past 9-months. Great work!  Vehicle and Pedestrian Safety booklets were distributed to CSB directly operated and partner centers to support the annual center based Pedestrian Safety training offered to our families during the month of September.  Three additional staff will attend the Make Parenting a Pleasure training in Oregon on October 18-19, 2018. Additional trainers will allow CSB to expand this popular research and evidence based parent curriculum to central Contra Costa County parents and caregivers.  CSB is moving along with the implementation of the Teaching Pyramid project for the preschool classrooms. The second cohort, which consist of four teaching teams from Lavonia Allen, GMC and Balboa along with their Site Supervisors and Education Managers, will be attend a series of trainings offered by the First 5 CCC in Concord starting on October 20, 2018. Each classroom will also receive coaching support by a certified Teaching Pyramid Coach and support from the CSB Leadership team .  On September 4, Head Start teachers welcomed part-day/part year families back to program.  First Baptist Head Start, CSB’s Delegate Agency, has just hired a new Executive Director, Monique Nervis. Monique comes to the job with a Bachelor’s degree in Human Development and Family Studies with a minor in Early Childhood Education and a Master’s in Public Administration. We are delighted to have her join our team.  New leadership has been elected by the Economic Opportunity Council for the 2018-19 year. The Executive Team is: o Renee Zeimer – Chairperson o Dawn Miguel – Vice Chairperson o Lauren Babb – Secretary I. Status Updates: a. Caseloads, workload (all programs)  Head Start enrollment: 99% (Adjusted for classes in session)  Early Head Start enrollment: 99.7%  Early Head Start Child Care Partnership enrollment: 94.44% November 6, 2018 BOS Minutes 745 cc: Policy Council Chair 3  Early Head Start Child Care Partnership # 2 enrollment: 83.7%  Head Start Average Daily Attendance: 85%  Early Head Start Average Daily Attendance: 86.7%  Early Head Start Child Care Partnership Attendance: 86.7%  Stage 2: 419 families and 664 children  CAPP: 131 families and 226 children - In total: 550 families and 890 children - Incoming transfers from Stage 1: 24 families and 29 children  LIHEAP: 180 households have been assisted  Weatherization: 19 units b. Staffing:  During the month of September, CSB hired one Teacher, two Infant- Toddler Associate-Teachers, one Associate Teacher, one Infant/Toddler Teacher and one Site Supervisor II. The Bureau is in the process of hiring staff to fill other vacancies. c. Union Issues: o The negotiations between PEU Local 1 and CSB for 2018-2019 wage increases ended successfully. The union ratified the 3% COLA increase for 2018-2019. II. Emerging Issues and Hot Topics:  CSB is celebrating the governor’s signature of AB 605, the 0-5 integrated licensing bill. This will allow programs to apply for a 0-5 license rather than multiple licenses depending on ages served. This is a win for the field and has been in the making for more than two years.  CSB continues to work with Public Works in locating an alternate space for CSB’s central kitchen. Two locations in Richmond and San Pablo are being looked at . November 6, 2018 BOS Minutes 746 2018 Month covered July Approved sites operated this month 12 Number of days meals served this month 21 Average daily participation 393 Child Care Center Meals Served: Breakfast 7,544 Lunch 8,251 Supplements 6,062 Total Number of Meals Served 21,857 fldr/fn:2018 CAO Monthly Reports EMPLOYMENT & HUMAN SERVICES DEPARTMENT COMMUNITY SERVICES BUREAU CHILD NUTRITION FOOD SERVICES CHILD and ADULT CARE FOOD PROGRAM MEALS SERVED FY 2018-2019 November 6, 2018 BOS Minutes 747 1 2 3 4 5 DESCRIPTION Total Remaining % YTD Actual Budget Budget YTD a. PERSONNEL 70,128$ 297,675$ 227,547$ 24% b. FRINGE BENEFITS 40,282 206,426 166,144 20% c. TRAVEL - - - 0% d. EQUIPMENT - - - 0% e. SUPPLIES 31,096 6,900 (24,196) 451% f. CONTRACTUAL 19,000 467,260 448,260 4% g. CONSTRUCTION - 0% h. OTHER 9,542 74,699 65,157 13% I. TOTAL DIRECT CHARGES 170,048$ 1,052,960$ 882,912$ 16% j. INDIRECT COSTS - 66,120 66,120 0% k. TOTAL-ALL BUDGET CATEGORIES 170,048$ 1,119,080$ 949,032$ 15% In-Kind (Non-Federal Share)31,651$ 279,770$ 248,119$ 11% CONTRA COSTA COUNTY COMMUNITY SERVICES BUREAU EARLY HEAD START- CC PARTNERSHIP #1 August 2018 Expenditures November 6, 2018 BOS Minutes 748 1 2 3 4 5 6 7 Actual Actual Total YTD Total Remaining % Jul-18 Aug-18 Actual Budget Budget YTD Expenditures a. Salaries & Wages (Object Class 6a) Permanent 1011 31,323 36,941 68,265 294,675 226,410 23% Temporary 1013 879 984 1,863 3,000 1,137 62% a. PERSONNEL (Object class 6a)32,202 37,926 70,128 297,675 227,547 24% b. FRINGE BENEFITS (Object Class 6b) Fringe Benefits 18,084 22,198 40,282 206,426 166,144 20% b. FRINGE (Object Class 6b)18,084 22,198 40,282 206,426 166,144 20% e. SUPPLIES (Object Class 6e) 1. Office Supplies - 938 938 500 (438) 188% 2. Child and Family Serv. Supplies/classroom Supplies 5,318 - 5,318 3,300 (2,018) 161% 4. Other Supplies Computer Supplies, Software Upgrades, Comp Replacemnt - 23,086 23,086 1,000 (22,086) 2309% Miscellaneous Supplies - - - 100 100 0% Household Supplies 1,751 4 1,755 2,000 245 88% e. SUPPLIES (Object Class 6e)7,069 24,027 31,096 6,900 (24,196) 451% f. CONTRACTUAL (Object Class 6f) 1. Adm Svcs (e.g., Legal, Accounting, Temporary Contracts)- - - 8,000 8,000 0% 5. Training & Technical Assistance - PA11 - - - - - 8. Other Contracts - 19,000 19,000 312,000 293,000 6% Contra Costa Child Care Council - - - 15,000 15,000 0% First Baptist (20 slots x $450)- - - 12,260 12,260 0% Child Outcome Planning and Administration (COPA/Nulinx)- - - 120,000 120,000 0% Enhancement/wrap-around HS slots with State CD Prog.- - - - - f. CONTRACTUAL (Object Class 6f)- 19,000 19,000 467,260 448,260 4% h. OTHER (Object Class 6h) 2. Bldg Occupancy Costs/Rents & Leases 2,286 1,856 4,142 15,000 10,858 28% (Rents & Leases/Other Income)- - - - - 4. Utilities, Telephone 58 1,286 1,344 18,000 16,656 7% 5. Building and Child Liability Insurance - - - - - 6. Bldg. Maintenance/Repair and Other Occupancy - 6 6 2,000 1,994 0% 7. Incidental Alterations/Renovations - - - - - 8. Local Travel (54 cents per mile)72 - 72 2,800 2,728 3% 13. Parent Services - - - - - 0% Parent Activities (Sites, PC, BOS luncheon) & Appreciation - - - 200 200 Child Care/Mileage Reimbursement - - - - - 14. Accounting & Legal Services Audit - - - - - Legal (County Counsel)- - - 500 500 0% Auditor Controllers - - - 1,000 1,000 0% Data Processing/Other Services & Supplies - 139 139 1,000 861 14% 15. Publications/Advertising/Printing - - - - - Outreach/Printing - - - - - Recruitment Advertising (Newspaper, Brochures)- - - 100 100 16. Training or Staff Development Agency Memberships (WIPFLI, Meeting Fees, NHSA, NAEYC)- - - - - Staff Trainings/Dev. Conf. Registrations/Memberships - PA111,668 2,160 3,828 25,907 22,079 15% 17. Other - Vehicle Operating/Maintenance & Repair - - - 1,000 1,000 0% Equipment Maintenance Repair & Rental - - - 3,000 3,000 0% Dept. of Health and Human Services-data Base (CORD)- - - - - Other Operating Expenses (Facs Admin/Other admin)- 11 11 4,192 4,181 0% h. OTHER (6h)4,084 5,458 9,542 74,699 65,157 13% I. TOTAL DIRECT CHARGES (6a-6h)61,439 108,609 170,048 1,052,960 882,912 16% j. INDIRECT COSTS - - - 66,120 66,120 0% k. TOTALS - ALL BUDGET CATEGORIES 61,439 108,609 170,048 1,119,080 949,032 15% Non-federal Match In-Kind 15,360 16,291 31,651 279,770 248,119 11% CONTRA COSTA COUNTY COMMUNITY SERVICES BUREAU EARLY HEAD START- CC PARTNERSHIP #1 August 2018 Expenditures November 6, 2018 BOS Minutes 749 SUMMARY CREDIT CARD EXPENDITURE Agency: Community Services Bureau Authorized Users C. Rand, Bureau Dir xxxx8798 Month:August 2018 K. Mason, Div Mgr xxxx2364 C. Reich, Div Mgr xxxx4959 Credit Card:Visa/U.S. Bank S. Kim, Sr. Bus. Systems Analyst xxxx1907 C. Johnson, AD xxxx0220 M. Bedros, AD xxxx1416 A. Wells, AD xxxx8777 P. Arrington, AD xxxx3838 I. Renggenathen, AD xxxx0494 R. Radeva, PSA III xxxx1899 Corporate Acct. Number xxxx5045 Fund Org Acct. code Stat. Date Card Account #Amount Program Purpose/Description 1401 2100 08/22/18 xxxx1907 279.98 Indirect Admin Costs Office Exp 1407 2100 08/22/18 xxxx1907 279.98 Comm. Svc Block Grant Office Exp 1432 2100 08/22/18 xxxx8798 249.92 HS Basic Grant Office Exp 1401 2100 08/22/18 xxxx5045 154.18 Indirect Admin Costs Office Exp 964.06$ 1432 2102 08/22/18 xxxx1416 257.79 HS Basic Grant Books, Periodicals 1432 2102 08/22/18 xxxx8798 402.00 HS Basic Grant Books, Periodicals 659.79$ 1464 2132 08/22/18 xxxx1907 3,261.43 EHS-Child Care Partnership #2 Minor Computer Equip 1401 2132 08/22/18 xxxx1907 261.68 Indirect Admin Costs Minor Computer Equip 1530 2132 08/22/18 xxxx1907 293.59 FACS Mental Health Program Minor Computer Equip 1417 2132 08/22/18 xxxx1907 227.81 Child Care Svs Program Minor Computer Equip 1432 2132 08/22/18 xxxx1907 165.29 HS Basic Grant Minor Computer Equip 4,209.80$ 1432 2200 08/22/18 xxxx8777 100.00 HS Basic Grant Memberships 1519 2200 08/22/18 xxxx0494 550.00 CC College Site Costs Memberships 650.00 1401 2251 08/22/18 xxxx1907 20.00 Indirect Admin Costs Computer Software Cost 20.00$ 1407 2300 08/22/18 xxxx4959 656.30 Comm. Svc Block Grant Transportation & Travel 656.30$ 1464 2303 08/22/18 xxxx4959 796.26 EHS-Child Care Partnership #2 Other Travel Employees 1407 2303 08/22/18 xxxx4959 1,401.16 Comm. Svc Block Grant Other Travel Employees 1464 2303 08/22/18 xxxx1907 1,662.00 EHS-Child Care Partnership #2 Other Travel Employees 1482 2303 08/22/18 xxxx2364 294.96 Child Nutrition Food Services Other Travel Employees 1464 2303 08/22/18 xxxx2364 (387.00) EHS-Child Care Partnership #2 Other Travel Employees 3,767.38$ 1432 2467 08/22/18 xxxx1907 800.00 HS Basic Grant Training & Registration 1482 2467 08/22/18 xxxx2364 275.00 Child Nutrition Food Services Training & Registration 1464 2467 08/22/18 xxxx2364 205.89 EHS-Child Care Partnership #2 Training & Registration 1525 2467 08/22/18 xxxx0220 175.00 Las Deltas Site Costs Training & Registration 1,455.89$ 1432 2477 08/22/18 xxxx8777 267.04 HS Basic Grant Educational Supplies 1432 2477 08/22/18 xxxx1416 2,040.93 HS Basic Grant Educational Supplies 2,307.97$ 1401 2479 08/22/18 xxxx1899 1,446.71 Indirect Admin Costs Other Special Dpmtal Exp 1,446.71$ 1464 2490 08/22/18 xxxx4959 408.53 EHS-Child Care Partnership #2 Misc Services/Supplies 1432 2490 08/22/18 xxxx8777 421.84 HS Basic Grant Misc Services/Supplies 1432 2490 08/22/18 xxxx1416 103.30 HS Basic Grant Misc Services/Supplies 1516 2490 08/22/18 xxxx0220 474.08 Los Nogales Site Costs Misc Services/Supplies 1423 2490 08/22/18 xxxx3838 305.04 HS Parent Services Misc Services/Supplies 1,712.79$ 17,850.69$ November 6, 2018 BOS Minutes 750 1 2 3 4 5 DESCRIPTION Total Remaining % YTD Actual Budget Budget YTD a. PERSONNEL 191,456$ 661,939$ 470,483$ 29% b. FRINGE BENEFITS 111,756 413,339 301,583 27% c. TRAVEL - - - 0% d. EQUIPMENT - - - 0% e. SUPPLIES 9,419 16,800 7,381 56% f. CONTRACTUAL 1,812,627 2,292,672 480,045 79% g. CONSTRUCTION - - - 0% h. OTHER 34,024 99,983 65,959 34% I. TOTAL DIRECT CHARGES 2,159,280$ 3,484,733$ 1,325,453$ 62% j. INDIRECT COSTS 54,978 143,657 88,679 38% k. TOTAL-ALL BUDGET CATEGORIES 2,214,259$ 3,628,390$ 1,414,131$ 61% In-Kind (Non-Federal Share)536,624$ 907,098$ 370,474$ 59% CONTRA COSTA COUNTY COMMUNITY SERVICES BUREAU 2018 EARLY HEAD START PROGRAM August 2018 Expenditures November 6, 2018 BOS Minutes 751 1 2 3 4 5 6 7 8 Jan 17 to Actual Actual Total YTD Total Remaining % Jun-18 Jul-18 Aug-18 Actual Budget Budget YTD Expenditures a. Salaries & Wages (Object Class 6a) Permanent 1011 139,362 11,671 19,475 170,508 580,660 410,152 29% Temporary 1013 15,279 1,868 3,801 20,948 81,279 60,331 26% a. PERSONNEL (Object class 6a)154,641 13,539 23,276 191,456 661,939 470,483 29% b. FRINGE (Object Class 6b)91,654 6,945 13,157 111,756 413,339 301,583 27% e. SUPPLIES (Object Class 6e) 1. Office Supplies 4,968 - 2,670 7,639 8,000 361 95% 2. Child and Family Serv. Supplies/classroom Supplies 50 - - 50 4,000 3,950 1% 4. Other Supplies - - - - - Computer Supplies, Software Upgrades, Comp Replacemnt339 - - 339 2,000 1,661 17% Health/Safety Supplies 693 - - 693 1,500 807 46% Miscellaneous Supplies 647 - - 647 1,000 353 65% Household Supplies 39 - 11 50 300 250 e. SUPPLIES (Object Class 6e)6,737 - 2,681 9,419 16,800 7,381 56% f. CONTRACTUAL (Object Class 6f) 1. Adm Svcs ( Legal, Accounting, Temporary Contracts)- - - - 1,000 1,000 0% 2. Health/Disabilities Services - - - - - Health Consultant 9,840 1,920 - 11,760 19,500 7,740 60% 5. Training & Technical Assistance - PA11 - Interaction - - - - 5,500 5,500 0% Diane Godard - - - - 7,500 7,500 0% Josephine Lee ($35,000/2)- - - - 5,000 5,000 0% Susan Cooke ($60,000/2)- - - - 6,500 6,500 0% 8. Other Contracts FB-Fairgrounds Partnership 34,000 - - 34,000 76,000 42,000 45% FB-E. Leland/Mercy Housing Partnership 90,000 - - 90,000 180,000 90,000 50% Apiranet 303,000 (20,000) - 283,000 526,000 243,000 54% Crossroads 80,000 - - 80,000 126,000 46,000 63% Martinez ECC 48,000 - - 48,000 96,000 48,000 50% Child Outcome Planning & Admini. (COPA/Nulinx)600 - - 600 3,000 2,400 20% Enhancement/wrap-around HS slots with State CD Prog.1,265,267 - - 1,265,267 1,240,672 (24,595) 102% f. CONTRACTUAL (Object Class 6f)1,830,707 (18,080) - 1,812,627 2,292,672 480,045 79% h. OTHER (Object Class 6h) 2. Bldg Occupancy Costs/Rents & Leases 1,292 - 1,854 3,146 1,800 (1,346) 175% (Rents & Leases/Other Income)- - - - - - 4. Utilities, Telephone 1,621 - 237 1,858 5,600 3,742 33% 5. Building and Child Liability Insurance - - - - - - 6. Bldg. Maintenance/Repair and Other Occupancy 402 - 5 407 7,200 6,793 6% 8. Local Travel (55.5 cents per mile)2,116 - 21 2,137 6,500 4,363 33% 9. Nutrition Services - - - - - - Child Nutrition Costs 569 - 133 701 1,100 399 64% (CCFP & USDA Reimbursements)(167) - (76) (243) (800) (557) 13. Parent Services Parent Conference Registration - PA11 - - - - 2,000 2,000 0% Parent Resources (Parenting Books, Videos, etc.) - PA11384 - - 384 2,000 1,616 19% PC Orientation, Trainings, Materials & Translation - PA111,011 - - 1,011 4,000 2,989 25% Policy Council Activities - - - - 1,000 1,000 0% Parent Activities (Sites, PC, BOS luncheon) & Appreciation- - 2 2 500 498 0% Child Care/Mileage Reimbursement 277 - - 277 1,500 1,223 18% 14. Accounting & Legal Services Data Processing/Other Services & Supplies 1,640 - 380 2,019 3,200 1,181 63% 15. Publications/Advertising/Printing Recruitment Advertising (Newspaper, Brochures)- - - - 100 100 16. Training or Staff Development Agency Memberships (WIPFLI, Meeting Fees, NHSA, NAEYC)281 1,900 - 2,181 20,200 18,019 11% Staff Trainings/Dev. Conf. Registrations/Memberships - PA117,125 443 30 7,597 30,244 22,647 25% 17. Other Site Security Guards 752 - - 752 1,000 248 75% Vehicle Operating/Maintenance & Repair 7,268 1,107 1,561 9,937 8,000 (1,937) 124% Equipment Maintenance Repair & Rental 890 - - 890 1,000 110 89% Other Operating Expenses (Facs Admin/Other admin)954 - 13 967 3,839 2,872 25% Other Departmental Expenses - - - - - - h. OTHER (6h)26,415 3,450 4,159 34,024 99,983 65,959 34% I. TOTAL DIRECT CHARGES (6a-6h)2,110,153 5,854 43,273 2,159,280 3,484,733 1,325,453 62% j. INDIRECT COSTS 54,978 - - 54,978 143,657 88,679 38% k. TOTALS - ALL BUDGET CATEGORIES 2,165,132 5,854 43,273 2,214,259 3,628,390 1,414,131 61% Non-Federal Match (In-Kind)524,342 1,463 10,818 536,624 907,098 370,474 59% CONTRA COSTA COUNTY COMMUNITY SERVICES BUREAU 2018 EARLY HEAD START PROGRAM August 2018 Expenditures November 6, 2018 BOS Minutes 752 1 2 3 4 5 DESCRIPTION Total Remaining % YTD Actual Budget Budget YTD a. PERSONNEL 2,558,936$ 4,057,499$ 1,498,563$ 63% b. FRINGE BENEFITS 1,606,771 2,584,554 977,783 62% c. TRAVEL - - - 0% d. EQUIPMENT - - - 0% e. SUPPLIES 118,203 143,000 24,797 83% f. CONTRACTUAL 1,581,017 7,121,029 5,540,012 22% g. CONSTRUCTION - - - 0% h. OTHER 816,632 1,747,810 931,178 47% I. TOTAL DIRECT CHARGES 6,681,558$ 15,653,892$ 8,972,334$ 43% j. INDIRECT COSTS 747,210 969,742 222,532 77% k. TOTAL-ALL BUDGET CATEGORIES 7,428,769$ 16,623,634$ 9,194,865$ 45% In-Kind (Non-Federal Share)2,345,184$ 4,155,909$ 1,810,724$ 56% CONTRA COSTA COUNTY COMMUNITY SERVICES BUREAU 2018 HEAD START PROGRAM August 2018 Expenditures November 6, 2018 BOS Minutes 753 1 2 3 4 5 6 7 8 9 Jan-18 Apr-18 thru thru Actual Actual Total YTD Total Remaining % Mar-18 Jun-18 Jul-18 Aug-18 Actual Budget Budget YTD a. Salaries & Wages (Object Class 6a) Permanent 1011 923,758 895,050 232,929 279,919 2,331,657 3,492,453 1,160,796 67% Temporary 1013 113,591 76,779 11,703 25,207 227,279 565,046 337,767 40% a. PERSONNEL (Object class 6a)1,037,349 971,829 244,633 305,126 2,558,936 4,057,499 1,498,563 63% b. FRINGE (Object Class 6b)641,298 613,986 157,193 194,294 1,606,771 2,584,554 977,783 62% e. SUPPLIES (Object Class 6e) 1. Office Supplies 19,372 15,144 1,117 5,313 40,946 38,000 (2,946) 108% 2. Child and Family Services Supplies (Includesclassroom Supplies)2,641 9,448 - 11,883 23,972 35,000 11,028 68% 4. Other Supplies Computer Supplies, Software Upgrades, Computer Replacement 29 38,180 - 412 38,621 45,000 6,379 86% Health/Safety Supplies 3,355 2,204 - - 5,559 9,000 3,441 62% Mental helath/Diasabilities Supplies - - - - - - - Miscellaneous Supplies 736 7,166 - 486 8,387 10,000 1,613 84% Employee Morale - - - - - 4,000 4,000 0% Household Supplies - 674 - 45 719 2,000 1,281 36% TOTAL SUPPLIES (6e)26,132 72,814 1,117 18,139 118,203 143,000 24,797 83% f. CONTRACTUAL (Object Class 6f) 1. Adm Svcs (e.g., Legal, Accounting, Temporary Contracts)6,004 15,110 - 1,235 22,349 58,000 35,651 39% Estimated Medical Revenue from Medi-Cal (Org 1432 - credit)- (367,402) - - (367,402) (500,000) (132,598) 73% Health Consultant 11,200 14,000 4,480 4,480 34,160 55,700 21,540 61% 5. Training & Technical Assistance - PA11 Interaction - - 3,000 - 3,000 6,000 3,000 50% Diane Godard ($50,000/2)1,600 6,825 250 - 8,675 15,000 6,325 58% Josephine Lee ($35,000/2)450 1,927 - - 2,377 14,300 11,923 17% Susan Cooke ($60,000/2)- - - - - 10,400 10,400 7. Delegate Agency Costs First Baptist Church Head Start PA22 - 1,022,178 (256,387) 256,387 1,022,178 2,156,616 1,134,438 47% First Baptist Church Head Start PA20 - - - - - 8,000 8,000 0% 8. Other Contracts FB-Fairgrounds Partnership (Wrap)11,910 25,348 - - 37,258 74,213 36,955 50% FB-Fairgrounds Partnership 28,800 57,600 - - 86,400 183,600 97,200 47% FB-E. Leland/Mercy Housing Partnership - - - - - - - Martinez ECC (18 HS slots x $225/mo x 12/mo)18,000 36,000 - - 54,000 108,000 54,000 50% YMCA of the East Bay - 141,050 94,500 65,600 301,150 571,200 270,050 53% Child Outcome Planning and Administration (COPA/Nulinx)964 1,928 - - 2,892 20,000 17,108 14% Enhancement/wrap-around HS slots with State CD Program 1,918 514,162 (142,100) - 373,980 4,340,000 3,966,020 9% f. CONTRACTUAL (Object Class 6f)80,845 1,468,726 (296,257) 327,703 1,581,017 7,121,029 5,540,012 22% h. OTHER (Object Class 6h) 2. Bldg Occupancy Costs/Rents & Leases 51,167 73,771 17,931 23,090 165,958 225,000 59,042 74% (Rents & Leases/Other Income)- (567) - - (567) - 567 4. Utilities, Telephone 55,894 77,201 1,104 19,279 153,477 300,000 146,523 51% 5. Building and Child Liability Insurance 2,707 - - - 2,707 3,000 294 90% 6. Bldg. Maintenance/Repair and Other Occupancy 7,151 27,811 1,901 12,110 48,973 100,000 51,027 49% 8. Local Travel (55.5 cents per mile effective 1/1/2012)6,497 15,269 972 1,022 23,759 50,000 26,241 48% 9. Nutrition Services - - - - Child Nutrition Costs 39,303 103,983 - 2,927 146,213 310,000 163,787 47% (CCFP & USDA Reimbursements)- (57,041) - (2,759) (59,799) (230,000) (170,201) 26% 13. Parent Services - - - - Parent Conference Registration - PA11 784 - - - 784 4,000 3,216 20% Parent Resources (Parenting Books, Videos, etc.) - PA11 - - - - - 1,000 1,000 0% PC Orientation, Trainings, Materials & Translation - PA11 3,098 3,862 - - 6,960 12,700 5,740 55% Policy Council Activities 21 929 - - 949 4,000 3,051 24% Male Involvement Activities - - - - - 500 500 0% Parent Activities (Sites, PC, BOS luncheon) & Appreciation 2,825 - - - 2,825 7,500 4,675 38% Child Care/Mileage Reimbursement 732 3,202 - - 3,935 5,100 1,165 77% 14. Accounting & Legal Services - - - - Auditor Controllers - 1,836 - - 1,836 2,000 164 92% Data Processing/Other Services & Supplies 2,870 5,051 - 1,544 9,465 15,000 5,535 63% 15. Publications/Advertising/Printing - - - - Outreach/Printing - - - - - 100 100 0% Recruitment Advertising (Newspaper, Brochures)- 1,338 - - 1,338 2,500 1,162 54% 16. Training or Staff Development - - - - - Agency Memberships (WIPFLI, Meeting Fees, NHSA, NAEYC, etc.)286 8,482 1,900 925 11,594 22,098 10,504 52% Staff Trainings/Dev. Conf. Registrations/Memberships - PA11 6,403 42,985 3,984 5,075 58,447 126,846 68,399 46% Family, Community and Parent Involvement - - - - - 95,000 95,000 0% 17. Other - Site Security Guards 3,123 12,617 - 33 15,773 35,000 19,227 45% Dental/Medical Services - - - - - 1,000 1,000 0% Vehicle Operating/Maintenance & Repair 13,730 41,891 4,084 8,142 67,848 160,000 92,152 42% Equipment Maintenance Repair & Rental 37,983 70,475 - 5,690 114,148 291,718 177,570 39% Dept. of Health and Human Services-data Base (CORD)1,825 6,546 - - 8,370 12,000 3,630 70% Field Trips - 4,855 - - 4,855 5,000 145 Other Operating Expenses (Facs Admin/Other admin)13,652 11,642 - 1,491 26,785 186,748 159,963 14% Other Departmental Expenses - - - - - - - h. OTHER (6h)250,051 456,138 31,875 78,569 816,632 1,747,810 931,178 47% I. TOTAL DIRECT CHARGES (6a-6h)2,035,675 3,583,493 138,560 923,830 6,681,558 15,653,892 8,972,334 43% j. INDIRECT COSTS 238,700 508,511 - - 747,210 969,742 222,532 77% k. TOTALS (ALL BUDGET CATEGORIES)2,274,375 4,092,004 138,560 923,830 7,428,769 16,623,634 9,194,865 45% Non-Federal Share (In-kind)568,594 1,510,993 34,640 230,958 2,345,184 4,155,909 1,810,724 56% CONTRA COSTA COUNTY COMMUNITY SERVICES BUREAU 2018 HEAD START PROGRAM August 2018 Expenditures November 6, 2018 BOS Minutes 754 CAO Monthly Report CSBG and Weatherization Programs Year-to-Date Expenditures As of August 31, 2018 1.2018 LIHEAP WX Contract # 18B-4005 Term: Oct. 1, 2017 - July 31, 2019 Amount: WX $ 908,636 Total Contract 908,636$ Expenditures (565,567) Balance 343,069$ Expended 62% 2.2018 LIHEAP ECIP/EHA 16 Contract # 18B-4005 Term: Oct. 1, 2017 - July 31, 2019 Amount: EHA 16 $ 907,105 Total Contract 907,105$ Expenditures (532,046) Balance 375,059$ Expended 59% 4.2018 COMMUNITY SERVICES BLOCK GRANT (CSBG) Contract # 18F-5007 Term: Jan. 1, 2018 - May 31, 2019 Amount: $ 860,369 Total Contract 860,369$ Expenditures (449,789) Balance 410,580$ Expended 52% fldr/fn:CAO Monthly Reports/WX YTD Exp-CAO Mo Rprt 8-2018 November 6, 2018 BOS Minutes 755 September 2018 – Community Services Bureau Preschool Menu MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY ALL BREAKFAST & LUNCH SERVED WITH 1% LOW-FAT MILK *Indicates vegetable included in main dish WATER IS OFFERED THROUGHOUT THE DAY 3 4 BREAKFAST ½ c. Fresh Orange ⅓ c. Rice Chex Cereal LUNCH ½ ea. SUNBUTTER & JELLY SANDWICH ½ oz. Cheese Stick ¼ c. Baby Carrots No Dressing ¼ c. Fresh Apple Slices 1 sl. Whole Wheat Bread PM SNACK ⅓ c. Lets Go Fishing Trail Mix (corn chex, pretzels, fish & cheese crackers) ½ c. 1% Low-Fat Milk 5 BREAKFAST ½ c. Pineapple Tidbits ½ ea. Whole Wheat Bagel/Low-fat Cream Cheese LUNCH 1-serv. *CHICKEN CHILAQUILES WITH WHOLE GRAIN CORN TORTILLA CHIPS ¼ c. Jicama Sticks 1 sl. Fresh Cantaloupe PM SNACK 1 pkg. Graham Crackers ½ c. 1% Low-Fat Milk 6 BREAKFAST ½ c. Fresh Kiwi ⅓ c. Bran Cereal LUNCH ⅜ c. CAJUN RED BEANS ¼ c. Spring Salad Mix/Italian Dressing 1 sl. Fresh Honeydew ¼ c. Whole Grain Brown Rice PM SNACK ½ c. Broccoli Florets & Bell Pepper Strips/Ranch Dressing 6 ea. Wheat Thin Cracker 7 BREAKFAST ½ c. Fresh Strawberries ¼ c. Low-Fat Plain Yogurt/Granola LUNCH 1 ea. *CRUNCHY HAWAIIAN CHICKEN WRAP (diced chicken, broccoli, carrots, pineapple, & spinach) ¼ c. Mango Chunks 1 ea. Whole Wheat Tortilla PM SNACK ½ c. Tropical Fruit Salad ½ c. 1% Low-Fat Milk 10 BREAKFAST ½ c. Fresh Orange ⅓ c. Rice Chex Cereal LUNCH ¾ c.*VEGETABLE CHILI (kidney beans, tomatoes, bulgur wheat, yogurt, & cheddar cheese) ¼ c. Fresh Apple 1 ea. Whole Wheat Tortilla PM SNACK 1 pkg. Goldfish Pretzel Crackers ½ c. 1% Low-Fat Milk 11 BREAKFAST ½ c. Fresh Kiwi ½ ea. Whole Wheat English Muffin/Low-Fat Cream Cheese LUNCH 1½ ozs. CURRY CHICKEN SALAD ¼ c. Broccoli Florets/Ranch Dressing 1 sl. Fresh Cantaloupe 1 sl. Whole Wheat Bread PM SNACK ½ c. Tomato & Zucchini Salad/Italian Dressing 6 ea. Wheat Thin Crackers 12 BREAKFAST 1 ea. Fresh Banana ⅓ c. Kix Cereal LUNCH 1½ ozs. TURKEY TACOS WITH CHEESE ¼ c. Shredded Lettuce & Tomatoes ¼ c. Mango Chunks 2 ea. Whole Grain Mini Corn Tortillas PM SNACK ½ c. Fresh Orange 1 ea. Hard Boiled Egg 13 BREAKFAST ½ c. Fresh Strawberries ½ sl. Whole Wheat Cinnamon Bread LUNCH ⅜ c. SEASONED BLACKEYE PEAS ¼ c. Beet & Kale Salad/Raspberry Dressing ¼ c. Fresh Kiwi 1 sq. Whole Wheat Cornbread (homemade) PM SNACK ½ c. Cucumbers & Carrot Sticks/Dill Scallion Dip 2 pkgs. Wheat Crackers 14 BREAKFAST 1 ea. Fresh Banana ⅓ c. Cheerios LUNCH ROASTED TURKEY PITA SANDWICH (2-slices Roasted Turkey & ½ oz. Cheese) ¼ c. Fresh Tomatoes, Cucumber & Baby Spinach/Ranch Dressing ¼ c. Fresh Apple ½ ea. Whole Wheat Pita Pocket Bread PM SNACK – NUTRITION EXPERIENCE ANTS ON A LOG ¼ c. Celery Sticks 1 tbsp. Sunbutter (Raisins) ½ c. 1% Low-Fat Milk 17 BREAKFAST ½ c. Fresh Kiwi ⅓ c. Corn Chex Cereal LUNCH 1 c. *CHEESY QUINOA & VEGETABLES (broccoli & shredded carrots) ¼ c. Fresh Strawberries PM SNACK 1 ea. Hummus Veggie Roll ½ c. 1% Low-Fat Milk 18 BREAKFAST ½ c. Fresh Orange ½ ea. Whole Wheat Bagel/Low-Fat Cream Cheese LUNCH 1 ½ oz. BBQ TURKEY ¼ c. Spinach Salad/Raspberry Dressing ¼ c. Fresh Apple 1 sl. Whole Wheat Hamburger Bun PM SNACK ⅛ c. Cottage Cheese Herb Dip 6 ea. Wheat Thin Crackers 19 BREAKFAST ½ c. Pineapple Chunks ½ ea. Whole Wheat English Muffin/Sunbutter LUNCH 1 c. JAMMIN JAMBALAYA (diced chicken, tomatoes, okra, & brown rice) ¼ c. Rainbow Cabbage Slaw 1 sl. Fresh Cantaloupe PM SNACK ½ c. Fresh Pear ½ oz. Cheddar Cheese Slice 20 BREAKFAST 1 ea. Fresh Banana ⅓ c. Cornflake Cereal LUNCH 1 ea. MEXICAN PIZZA (refried beans, tomato paste, salsa, & mozzarella cheese) ¼ c. Jicama Sticks ¼ c. Fresh Orange 1 ea. Whole Wheat Flour Tortilla PM SNACK ½ sl. Raisin Bread 1 tbsp. Sunbutter 21 BREAKFAST ½ c. Fresh Apple ½ sl. Whole Wheat Toast LUNCH 1½ ozs. TUNA SALAD ¼ c. Baby Carrots (No Dressing) ¼ c. Fresh Strawberries ½ ea. Whole Wheat Pita Bread PM SNACK ¼ c. Homemade Pico De Gallo 5 ea. Whole Grain Corn Tortilla Chips ½ c. 1% Low-Fat Milk 24 BREAKFAST ½ c. Fresh Apple ⅓ c. Kix Cereal LUNCH 1 ea. BEAN & CHEESE BURRITO ¼ c. Romaine & Tomatoes ¼ c. Fresh Kiwi 1 ea. Whole Wheat Tortilla PM SNACK 1 pkg. Graham Crackers ½ c. 1% Low-fat Milk 25 BREAKFAST ½ c. Fresh Orange ⅓ c. Bran Cereal LUNCH 1 ½ ozs. SLICED TURKEY HAM ¼ c. Sweet Potatoes & Apples ¼ c. Fresh Pear 1 sl. Whole Wheat Bread PM SNACK ⅛ c. Cottage Cheese ½ c. Pineapple Tidbits 26 BREAKFAST 1 ea. Fresh Banana 1 ea. Whole Wheat Tortilla/Sunbutter LUNCH ¾ c. *GROUND TURKEY, TOMATO & CORN BAKE WITH WHOLE WHEAT PENNE 1 sl. Honeydew Melon PM SNACK ¼ c. Low-fat Plain Yogurt ½ c. Mixed Fruit 27 BREAKFAST ½ c. Mango Chunks ½ ea. Whole Wheat Bagel/Cream Cheese LUNCH ¾ c. *BROCCOLI CAULIFLOWER & CHEESE SOUP ¼ c. Fresh Strawberries ½ ea. Whole Wheat Roll PM SNACK 1 pkg. Animal Crackers ½ c. 1% Low-Fat Milk 28 BREAKFAST ½ c. Fresh Orange ½ sl. Whole Wheat Cinnamon Bread LUNCH ½ c. CHICKEN SALAD ¼ c. Tomato Wedges 1 sl. Fresh Cantaloupe 1 sl. Whole wheat Bread PM SNACK 1 ea. Fresh Banana 1 tbsp. Sunbutter November 6, 2018 BOS Minutes 756 Date Printed: Sep 5, 2018 at 16:10:48 EDT 09CH9115-200 Page 1 Date Printed: Sep 5, 2018 at 16:10:48 EDT Office of Head Start 09CH9115-200 Contra Costa County The PIR Performance Indicators highlight annual program PIR data in areas of frequent interest and are not intended to serve as a full summary of programs' performance. The PIR Performance Indicator Formulas document provides the question numbers used for indicator calculations and is available at http://eclkc.ohs.acf.hhs.gov/pir. Numerators and denominators are included in the report to supply context for percentages. Enrollment - Performance Indicators Services to All Children at Beginning of Enrollment Year Compared to End of Enrollment Year (based on Cumulative Enrollment) - Performance Indicators 2017-2018 PIR PERFORMANCE INDICATOR REPORT - EARLY HEAD START Context Number Cumulative Enrolled Children 452 2018 # PIR Performance Indicator Number Percentage 101 Percentage (%) of children enrolled for multiple years 244 54% 102 Percentage (%) of children enrolled less than 45 days 53 11.7% Context Number Cumulative Enrolled Children and Pregnant Women (if EHS)496 2018 # PIR Performance Indicator Number Percentage 103 Percentage (%) of children and pregnant women (if EHS) who left the program and did not re-enroll 205 41.3% Context Number Cumulative Enrolled Children 452 Children Enrolled less than 45 Days 53 11.7% 2018 # PIR Performance Indicator Number at Beginning of Enrollment Year Percentage at Beginning of Enrollment Year Number at End of Enrollment Year Percentage at End of Enrollment Year 111 Percentage (%) of children with health insurance 452 100% 452 100% 112 Percentage (%) of children with a medical home 451 99.8% 452 100% 113 Percentage (%) of children with up-to- date immunizations, all possible immunizations to date, or exempt 449 99.3% 452 100% 114 Percentage (%) of children with a dental home 394 87.2% 440 97.3% November 6, 2018 BOS Minutes 757 Date Printed: Sep 5, 2018 at 16:10:48 EDT 09CH9115-200 Page 2 Services to All Children (based on Cumulative Enrollment) - Performance Indicators Family Services - Performance Indicators Infant/Toddler Staff (EHS and Migrant/Seasonal infants/toddler staff only) - Performance Indicator Context Number Cumulative Enrolled Children 452 2018 # PIR Performance Indicator Number Percentage 121 Percentage (%) of children with an IFSP or IEP 20 4.4% 122 Percentage (%) of children up-to-date on a schedule of preventive and primary health care per the state's EPSDT schedule at the end of enrollment year 415 91.8% 123 Of the children up-to-date on health screenings, the percentage (%) of children diagnosed with a chronic condition needing medical treatment --51 --12.3% 124 Of the children diagnosed with a chronic condition needing medical treatment, the percentage (%) of children who received medical treatment -- --50 -- --98% Context Number Total Number of Families 443 2018 # PIR Performance Indicator Number Percentage 141 Percentage (%) of families who received at least one of the family services reported in the PIR 434 98% Context Number Total Number of Families Experiencing Homelessness that were Served During the Enrollment Year 9 2018 # PIR Performance Indicator Number Percentage 142 (new) Percentage (%) of families experiencing homelessness during the enrollment year that acquired housing during the enrollment year 3 33.3% Context Number Early Head Start Center-Based Teachers 72 2018 # PIR Performance Indicator Number Percentage 161 Percentage (%) of infant and toddler classroom teachers that meet the degree/credential requirements of Section 645A.(h) (CDA/equivalent or higher) that became effective September, 2010 72 100% November 6, 2018 BOS Minutes 758 Date Printed: Sep 5, 2018 at 16:13:25 EDT 09HP0012-200 Page 1 Date Printed: Sep 5, 2018 at 16:13:25 EDT Office of Head Start 09HP0012-200 Contra Costa County The PIR Performance Indicators highlight annual program PIR data in areas of frequent interest and are not intended to serve as a full summary of programs' performance. The PIR Performance Indicator Formulas document provides the question numbers used for indicator calculations and is available at http://eclkc.ohs.acf.hhs.gov/pir. Numerators and denominators are included in the report to supply context for percentages. Enrollment - Performance Indicators Services to All Children at Beginning of Enrollment Year Compared to End of Enrollment Year (based on Cumulative Enrollment) - Performance Indicators 2017-2018 PIR PERFORMANCE INDICATOR REPORT - EARLY HEAD START Context Number Cumulative Enrolled Children 91 2018 # PIR Performance Indicator Number Percentage 101 Percentage (%) of children enrolled for multiple years 50 54.9% 102 Percentage (%) of children enrolled less than 45 days 2 2.2% Context Number Cumulative Enrolled Children and Pregnant Women (if EHS)91 2018 # PIR Performance Indicator Number Percentage 103 Percentage (%) of children and pregnant women (if EHS) who left the program and did not re-enroll 17 18.7% Context Number Cumulative Enrolled Children 91 Children Enrolled less than 45 Days 2 2.2% 2018 # PIR Performance Indicator Number at Beginning of Enrollment Year Percentage at Beginning of Enrollment Year Number at End of Enrollment Year Percentage at End of Enrollment Year 111 Percentage (%) of children with health insurance 91 100%91 100% 112 Percentage (%) of children with a medical home 91 100%91 100% 113 Percentage (%) of children with up-to- date immunizations, all possible immunizations to date, or exempt 91 100%91 100% 114 Percentage (%) of children with a dental home 74 81.3%82 90.1% November 6, 2018 BOS Minutes 759 Date Printed: Sep 5, 2018 at 16:13:25 EDT 09HP0012-200 Page 2 Services to All Children (based on Cumulative Enrollment) - Performance Indicators Family Services - Performance Indicators Infant/Toddler Staff (EHS and Migrant/Seasonal infants/toddler staff only) - Performance Indicator Context Number Cumulative Enrolled Children 91 2018 # PIR Performance Indicator Number Percentage 121 Percentage (%) of children with an IFSP or IEP 2 2.2% 122 Percentage (%) of children up-to-date on a schedule of preventive and primary health care per the state's EPSDT schedule at the end of enrollment year 64 70.3% 123 Of the children up-to-date on health screenings, the percentage (%) of children diagnosed with a chronic condition needing medical treatment --10 --15.6% 124 Of the children diagnosed with a chronic condition needing medical treatment, the percentage (%) of children who received medical treatment -- --9 -- --90% Context Number Total Number of Families 79 2018 # PIR Performance Indicator Number Percentage 141 Percentage (%) of families who received at least one of the family services reported in the PIR 79 100% Context Number Total Number of Families Experiencing Homelessness that were Served During the Enrollment Year 0 2018 # PIR Performance Indicator Number Percentage 142 (new) Percentage (%) of families experiencing homelessness during the enrollment year that acquired housing during the enrollment year 0 0% Context Number Early Head Start Center-Based Teachers 10 2018 # PIR Performance Indicator Number Percentage 161 Percentage (%) of infant and toddler classroom teachers that meet the degree/credential requirements of Section 645A.(h) (CDA/equivalent or higher) that became effective September, 2010 11 110% November 6, 2018 BOS Minutes 760 Date Printed: Sep 5, 2018 at 16:15:09 EDT 09HP000111-200 Page 1 Date Printed: Sep 5, 2018 at 16:15:09 EDT Office of Head Start 09HP000111-200 CONTRA COSTA COUNTY The PIR Performance Indicators highlight annual program PIR data in areas of frequent interest and are not intended to serve as a full summary of programs' performance. The PIR Performance Indicator Formulas document provides the question numbers used for indicator calculations and is available at http://eclkc.ohs.acf.hhs.gov/pir. Numerators and denominators are included in the report to supply context for percentages. Enrollment - Performance Indicators Services to All Children at Beginning of Enrollment Year Compared to End of Enrollment Year (based on Cumulative Enrollment) - Performance Indicators 2017-2018 PIR PERFORMANCE INDICATOR REPORT - EARLY HEAD START Context Number Cumulative Enrolled Children 161 2018 # PIR Performance Indicator Number Percentage 101 Percentage (%) of children enrolled for multiple years 24 14.9% 102 Percentage (%) of children enrolled less than 45 days 12 7.5% Context Number Cumulative Enrolled Children and Pregnant Women (if EHS)161 2018 # PIR Performance Indicator Number Percentage 103 Percentage (%) of children and pregnant women (if EHS) who left the program and did not re-enroll 30 18.6% Context Number Cumulative Enrolled Children 161 Children Enrolled less than 45 Days 12 7.5% 2018 # PIR Performance Indicator Number at Beginning of Enrollment Year Percentage at Beginning of Enrollment Year Number at End of Enrollment Year Percentage at End of Enrollment Year 111 Percentage (%) of children with health insurance 161 100% 161 100% 112 Percentage (%) of children with a medical home 159 98.8% 161 100% 113 Percentage (%) of children with up-to- date immunizations, all possible immunizations to date, or exempt 160 99.4% 159 98.8% 114 Percentage (%) of children with a dental home 110 68.3% 123 76.4% November 6, 2018 BOS Minutes 761 Date Printed: Sep 5, 2018 at 16:15:09 EDT 09HP000111-200 Page 2 Services to All Children (based on Cumulative Enrollment) - Performance Indicators Family Services - Performance Indicators Infant/Toddler Staff (EHS and Migrant/Seasonal infants/toddler staff only) - Performance Indicator Context Number Cumulative Enrolled Children 161 2018 # PIR Performance Indicator Number Percentage 121 Percentage (%) of children with an IFSP or IEP 5 3.1% 122 Percentage (%) of children up-to-date on a schedule of preventive and primary health care per the state's EPSDT schedule at the end of enrollment year 110 68.3% 123 Of the children up-to-date on health screenings, the percentage (%) of children diagnosed with a chronic condition needing medical treatment --8 --7.3% 124 Of the children diagnosed with a chronic condition needing medical treatment, the percentage (%) of children who received medical treatment -- --8 -- --100% Context Number Total Number of Families 150 2018 # PIR Performance Indicator Number Percentage 141 Percentage (%) of families who received at least one of the family services reported in the PIR 147 98% Context Number Total Number of Families Experiencing Homelessness that were Served During the Enrollment Year 4 2018 # PIR Performance Indicator Number Percentage 142 (new) Percentage (%) of families experiencing homelessness during the enrollment year that acquired housing during the enrollment year 0 0% Context Number Early Head Start Center-Based Teachers 64 2018 # PIR Performance Indicator Number Percentage 161 Percentage (%) of infant and toddler classroom teachers that meet the degree/credential requirements of Section 645A.(h) (CDA/equivalent or higher) that became effective September, 2010 72 112.5% November 6, 2018 BOS Minutes 762 Date Printed: Sep 5, 2018 at 16:12:14 EDT 09CH9115-001 Page 1 Date Printed: Sep 5, 2018 at 16:12:14 EDT Office of Head Start 09CH9115-001 First Baptist Head Start The PIR Performance Indicators highlight annual program PIR data in areas of frequent interest and are not intended to serve as a full summary of programs' performance. The PIR Performance Indicator Formulas document provides the question numbers used for indicator calculations and is available at http://eclkc.ohs.acf.hhs.gov/pir. Numerators and denominators are included in the report to supply context for percentages. Enrollment - Performance Indicators Services to All Children at Beginning of Enrollment Year Compared to End of Enrollment Year (based on Cumulative Enrollment) - Performance Indicators Services to All Children (based on Cumulative Enrollment) - Performance Indicators 2017-2018 PIR PERFORMANCE INDICATOR REPORT - HEAD START Context Number Cumulative Enrolled Children 304 2018 # PIR Performance Indicator Number Percentage 101 Percentage (%) of children enrolled for multiple years 80 26.3% 102 Percentage (%) of children enrolled less than 45 days 0 0% 103 Percentage (%) of children and pregnant women (if EHS) who left the program and did not re-enroll 9 3% Context Number Cumulative Enrolled Children 304 Children Enrolled less than 45 Days 0 0% 2018 # PIR Performance Indicator Number at Beginning of Enrollment Year Percentage at Beginning of Enrollment Year Number at End of Enrollment Year Percentage at End of Enrollment Year 111 Percentage (%) of children with health insurance 299 98.4% 304 100% 112 Percentage (%) of children with a medical home 304 100% 304 100% 113 Percentage (%) of children with up-to- date immunizations, all possible immunizations to date, or exempt 304 100% 304 100% 114 Percentage (%) of children with a dental home 297 97.7% 304 100% November 6, 2018 BOS Minutes 763 Date Printed: Sep 5, 2018 at 16:12:14 EDT 09CH9115-001 Page 2 Services to Preschool Children (based on Cumulative Enrollment) - Performance Indicators Family Services - Performance Indicators Preschool Staff and Classes (Head Start and Migrant/Seasonal preschool staff only) - Performance Indicators Context Number Cumulative Enrolled Children 304 2018 # PIR Performance Indicator Number Percentage 121 Percentage (%) of children with an IFSP or IEP 29 9.5% 122 Percentage (%) of children up-to-date on a schedule of preventive and primary health care per the state's EPSDT schedule at the end of enrollment year 304 100% 123 Of the children up-to-date on health screenings, the percentage (%) of children diagnosed with a chronic condition needing medical treatment --4 --1.3% 124 Of the children diagnosed with a chronic condition needing medical treatment, the percentage (%) of children who received medical treatment -- --4 -- --100% Context Number Cumulative Enrolled Preschool Children 304 Cumulative Enrolled Preschool Children with an IEP for one of the Primary Disabilities Reported in the PIR 29 2018 # PIR Performance Indicator Number Percentage 131 Percentage (%) of preschool children that received special education or related services for one of the primary disabilities reported in the PIR 29 100% 132 Percentage (%) of preschool children completing professional dental exams 301 99% 133 Of the preschool children receiving professional dental exams, the percentage (%) of preschool children needing professional dental treatment --6 --2% 134 Of the preschool children needing dental treatment, the percentage (%) of preschool children who received dental treatment -- --6 -- --100% Context Number Total Number of Families 292 2018 # PIR Performance Indicator Number Percentage 141 Percentage (%) of families who received at least one of the family services reported in the PIR 271 92.8% Context Number Total Number of Families Experiencing Homelessness that were Served During the Enrollment Year 0 2018 # PIR Performance Indicator Number Percentage 142 (new) Percentage (%) of families experiencing homelessness during the enrollment year that acquired housing during the enrollment year 0 0% November 6, 2018 BOS Minutes 764 Date Printed: Sep 5, 2018 at 16:12:14 EDT 09CH9115-001 Page 3 Context Number Preschool Classroom Teachers 16 Preschool Classes 12 Preschool Classroom Assistant Teachers 12 2018 # PIR Performance Indicator Number Percentage 151 Percentage (%) of preschool classroom teachers that meet the degree/credential requirements of Section 648A.(2)(A) (BA or higher - ECE/related) that will become effective September, 2013 5 31.2% 153 Percentage (%) of preschool classroom assistant teachers with a CDA/equivalent or higher, or are enrolled in a CDA or ECE degree program 12 100% November 6, 2018 BOS Minutes 765 Date Printed: Sep 5, 2018 at 16:10:48 EDT 09CH9115-200 Page 1 Date Printed: Sep 5, 2018 at 16:10:48 EDT Office of Head Start 09CH9115-200 Contra Costa County The PIR Performance Indicators highlight annual program PIR data in areas of frequent interest and are not intended to serve as a full summary of programs' performance. The PIR Performance Indicator Formulas document provides the question numbers used for indicator calculations and is available at http://eclkc.ohs.acf.hhs.gov/pir. Numerators and denominators are included in the report to supply context for percentages. Enrollment - Performance Indicators Services to All Children at Beginning of Enrollment Year Compared to End of Enrollment Year (based on Cumulative Enrollment) - Performance Indicators 2017-2018 PIR PERFORMANCE INDICATOR REPORT - EARLY HEAD START Context Number Cumulative Enrolled Children 452 2018 # PIR Performance Indicator Number Percentage 101 Percentage (%) of children enrolled for multiple years 244 54% 102 Percentage (%) of children enrolled less than 45 days 53 11.7% Context Number Cumulative Enrolled Children and Pregnant Women (if EHS)496 2018 # PIR Performance Indicator Number Percentage 103 Percentage (%) of children and pregnant women (if EHS) who left the program and did not re-enroll 205 41.3% Context Number Cumulative Enrolled Children 452 Children Enrolled less than 45 Days 53 11.7% 2018 # PIR Performance Indicator Number at Beginning of Enrollment Year Percentage at Beginning of Enrollment Year Number at End of Enrollment Year Percentage at End of Enrollment Year 111 Percentage (%) of children with health insurance 452 100% 452 100% 112 Percentage (%) of children with a medical home 451 99.8% 452 100% 113 Percentage (%) of children with up-to- date immunizations, all possible immunizations to date, or exempt 449 99.3% 452 100% 114 Percentage (%) of children with a dental home 394 87.2% 440 97.3% November 6, 2018 BOS Minutes 766 Date Printed: Sep 5, 2018 at 16:10:48 EDT 09CH9115-200 Page 2 Services to All Children (based on Cumulative Enrollment) - Performance Indicators Family Services - Performance Indicators Infant/Toddler Staff (EHS and Migrant/Seasonal infants/toddler staff only) - Performance Indicator Context Number Cumulative Enrolled Children 452 2018 # PIR Performance Indicator Number Percentage 121 Percentage (%) of children with an IFSP or IEP 20 4.4% 122 Percentage (%) of children up-to-date on a schedule of preventive and primary health care per the state's EPSDT schedule at the end of enrollment year 415 91.8% 123 Of the children up-to-date on health screenings, the percentage (%) of children diagnosed with a chronic condition needing medical treatment --51 --12.3% 124 Of the children diagnosed with a chronic condition needing medical treatment, the percentage (%) of children who received medical treatment -- --50 -- --98% Context Number Total Number of Families 443 2018 # PIR Performance Indicator Number Percentage 141 Percentage (%) of families who received at least one of the family services reported in the PIR 434 98% Context Number Total Number of Families Experiencing Homelessness that were Served During the Enrollment Year 9 2018 # PIR Performance Indicator Number Percentage 142 (new) Percentage (%) of families experiencing homelessness during the enrollment year that acquired housing during the enrollment year 3 33.3% Context Number Early Head Start Center-Based Teachers 72 2018 # PIR Performance Indicator Number Percentage 161 Percentage (%) of infant and toddler classroom teachers that meet the degree/credential requirements of Section 645A.(h) (CDA/equivalent or higher) that became effective September, 2010 72 100% November 6, 2018 BOS Minutes 767 RECOMMENDATION(S): APPROVE the delegation of authority to the County Treasurer for investing and reinvesting County funds and the funds of other depositors in the County treasury, or to sell or exchange securities so purchased, pursuant to section 53607 of the State Government Code. FISCAL IMPACT: The County Treasurer manages and invests the funds of all County agencies, 21 Special Districts, 19 School Districts and one Community College District. Centralizing this function creates a dedicated staff of investment professionals and creates greater efficiency, economies of scale and greater investment power. BACKGROUND: State law provides that the Board of Supervisors may delegate to the County Treasurer the authority "to invest or to reinvest funds of a local agency, or to sell or exchange securities so purchased" for a one year period. It is recommended that this delegation be renewed through the calendar year 2019. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/06/2018 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Ronda Boler, (925) 957-2806 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 6, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C. 90 To:Board of Supervisors From:Russell Watts, Treasurer-Tax Collector Date:November 6, 2018 Contra Costa County Subject:Delegation of Investment Authority to the County Treasurer for Calendar Year 2019 November 6, 2018 BOS Minutes 768 CONSEQUENCE OF NEGATIVE ACTION: If the Delegation of Authority is not approved, each of the County Agencies, 21 Special Districts,19 School Districts and one Community College District would have to manage their own funds. This would be less cost efficient for all entities. CHILDREN'S IMPACT STATEMENT: November 6, 2018 BOS Minutes 769 RECOMMENDATION(S): ADOPT Resolution No. 2018/557 declaring a shelter crisis, pursuant to Government Code 8698.2, in order to become eligible to receive emergency aid funds to expand and improve the homeless crisis response system for unsheltered individuals and families across the county and to submit an application for funding to the State of California Business, Consumer Services, and Housing Agency for the Homeless Emergency Aid Program (HEAP). FISCAL IMPACT: The Homeless Emergency Aid Program will bring $7,196,770 in one-time funding for homeless services and emergency housing within the next year to Contra Costa County. There is no matching contribution requirement for activities funded with HEAP Program funds. BACKGROUND: On September 5, 2018 the Homeless Coordinating and Financing Council (HCFC) announced the availability of $500 million in Homeless Emergency Aid Program (HEAP) grant funding. HEAP provides one-time funding to Continuums of Care (CoCs) and large cities (with populations over 330,000) to address the homelessness crisis. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/06/2018 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Lavonna Martin, 925-608-6101 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 6, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: Marcy Wilhelm, Lavonna Martin C. 91 To:Board of Supervisors From:Anna Roth, Health Services Director Date:November 6, 2018 Contra Costa County Subject:Declare a shelter crisis pursuant to Government Code 8698.2 and submit an application for HEAP funds November 6, 2018 BOS Minutes 770 BACKGROUND: (CONT'D) In order to receive HEAP funding, applicants must: 1) Declare a shelter crisis pursuant to Chapter 7.8 (commencing with Section 8698) of Division 1 of Title 2 of the Government Code; and 2) Provide evidence of a collaborative process. In order to receive funds in this first round of funding, applicants must apply by December 31, 2018. Contra Costa CoC will submit its application by early December 2018 to ensure consideration in Round 1. HEAP funding is intended to support CoCs and large cities in addressing the state’s homelessness crisis. Contra Costa CoC is eligible to receive $7,196,770 based on its 2017 point-in-time count total homeless population and its 2017 share of the overall state’s homeless population. Five percent of HEAP funding ($359,838) is allocated by state statute to address youth experiencing or at-risk of experiencing homelessness. Five percent of funds will also be utilized for administrative costs. H3, as the CoC applicant, will receive Contra Costa’s allocation of HEAP funding and is working with jurisdictions to ensure that funding is distributed across the entire county and is allocated according to current need. In order to expand homelessness services across the County, the Contra Costa CoC proposes allocating HEAP funding to implement interventions that build on the best-practices and current CoC efforts. The Contra Costa CoC determined to allocate funds based on region in order to match funding with need. Utilizing the most recent 2018 unsheltered point-in-time count numbers, regional allocations will be made accordingly: West County: $1.36 million (21% of the County’s unsheltered population) Central County: $2.2 million (34% of the County’s unsheltered population) East County: $2.9 million (45% of the County’s unsheltered population) A local collaborative application process to determine how HEAP funds will be utilized in the CoC was undertaken in October 2018 and involved a series of community meetings by region, along with a meeting focused specifically on how to allocate the youth funding. These meetings were designed to engage community members in how each region’s allocation should be spent and build consensus on which interventions are a top priority for addressing homelessness in the region. Following the community meetings, the Ad Hoc Funding Committee of Contra Costa’s Council on Homelessness, which is the CoC’s governing board, met to review the proposed interventions for youth and each region. The committee will offer an official recommendation to the Council on Homelessness for their consideration and approval at their November 1, 2018 meeting. There is no indication that declaring a shelter crisis will trigger any other requirements from the State at this time. CONSEQUENCE OF NEGATIVE ACTION: Contra Costa County will not receive the estimated $7.19 million allocation from the State of California to provide emergency housing and/or services to person who are homeless or at risk of becoming homeless. CHILDREN'S IMPACT STATEMENT: The State requires that a minimum of 5% of the HEAP funds are spent on housing and/or services for youth. For Contra Costa, a minimum of $359,838 will be set aside and invested in a youth-specific intervention. AGENDA ATTACHMENTS Resolution No. 2018/557 November 6, 2018 BOS Minutes 771 Resolution No. 2018/557 MINUTES ATTACHMENTS Signed Resolution No. 2018/557 November 6, 2018 BOS Minutes 772 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and for Special Districts, Agencies and Authorities Governed by the Board Adopted this Resolution on 11/06/2018 by the following vote: AYE:5 John Gioia Candace Andersen Diane Burgis Karen Mitchoff Federal D. Glover NO: ABSENT: ABSTAIN: RECUSE: Resolution No. 2018/557 In The Matter Of: Declaring a shelter crisis pursuant to SB 850 (Chapter 48, Statutes of 2018 and Government Code § 8698.2). WHEREAS, California’s Governor Edmund G. Brown, Jr. and the members of the California Legislature have recognized the urgent and immediate need for funding at the local level to combat homelessness; and WHEREAS, The Governor and Legislature have provided funding to local governments under the Homeless Emergency Aid Program as part of SB 850 and the 2018-19 Budget Act (Chapter 48, Statutes of 2018); and WHEREAS, The Governor and Legislature require jurisdictions seeking an allocation through the Homeless Emergency Aid Program to declare a Shelter Crisis pursuant to Government Code §8698.2; and WHEREAS, the County of Contra Costa has developed a homelessness plan and undertaken multiple efforts at the local level to combat homelessness; and WHEREAS, the County of Contra Costa finds that 1,607 persons within the County of Contra Costa are homeless and living without shelter; and WHEREAS, the County of Contra Costa finds that the number of homeless is significant and these persons are without the ability to obtain shelter; and WHEREAS, the County of Contra Costa finds that the health and safety of unsheltered persons in the County is threatened by a lack of shelter; and WHEREAS, the County of Contra Costa affirms the County’s commitment to combating homelessness and creating or augmenting a continuum of shelter and service options for those living without shelter in our communities; NOW, THEREFORE, BE IT RESOLVED THAT a shelter crisis pursuant to Government Code §8698.2 exists in the County of Contra Costa, and the County is hereby authorized to participate in the Homeless Emergency Aid Program. Contact: Lavonna Martin, 925-608-6101 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 6, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: Marcy Wilhelm, Lavonna Martin November 6, 2018 BOS Minutes 773 November 6, 2018 BOS Minutes 774 RECOMMENDATION(S): ACCEPT the 2017/18 Animal Benefit Fund report. FISCAL IMPACT: No fiscal impact. This is an informational report only. BACKGROUND: On April 21, 2015, during fiscal year 2015/16 budget hearings, the Board of Supervisors received several comments from the public regarding the Animal Benefit Fund. On May 12, 2015, the Board of Supervisors adopted the fiscal year 2015/16 budget, including a formal referral of this matter to the Internal Operations Committee. On September 14, 2015 IOC received a staff report summarizing prior year expenditures and current fund balance of the Animal Benefit Fund. On March 28, 2016, the IOC approved a proposal to expand the animal services donation program and reported out to the Board of Supervisors on April 19, 2016. The Board Order directed the Animal Services Director to report annually to the IOC on the impact of the Animal Benefit Fund on the community and families, creating a new standing referral. On September 11, 2017, the IOC received the first annual report on the Animal Benefit Fund covering FY 2016/17 APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/06/2018 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Julie DiMaggio Enea (925) 335-1077 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 6, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: Animal Services Director, IOC Staff C. 92 To:Board of Supervisors From:INTERNAL OPERATIONS COMMITTEE Date:November 6, 2018 Contra Costa County Subject:2017/18 Animal Benefit Fund Report November 6, 2018 BOS Minutes 775 BACKGROUND: (CONT'D) and reported out to the Board of Supervisors on October 17, 2017. Animal Services Director Beth Ward presented the 2017/18 annual report on the Animal Benefit Fund to the Internal Operations Committee on October 8, 2018. She noted that at the current rate of expenditure, the fund will become exhausted in about two years, and so more donations are needed to meet expanding services. The report is attached for the Board's information. ATTACHMENTS 2017/18 Animal Benefit Fund Report November 6, 2018 BOS Minutes 776 ADDRESS 4800 Imhoff Pl Martinez, CA 94553 www.ccasd.org Animal Benefit Fund Report Contra Costa Animal Services September 2018 November 6, 2018 BOS Minutes 777 It is our pleasure to present Contra Costa Animal Services’ (CCAS) annual report for the Animal Benefit Fund (ABF). This report highlights the progress we’ve made in strengthening and modernizing our ability to care for animals in our shelters, driven by the generous contributions of individuals, organizations and corporations in Contra Costa County and beyond. The Animal Benefit Fund was established by the Contra Costa Board of Supervisors in 1986 as a way to accept monetary donations from compassionate individuals who want to help our shelter animals. All funds are used to enhance the care and well-being of animals in our shelters and to enhance programs of humane welfare and education for the residents of Contra Costa County. In FY 17/18, ABF funds were allocated to a range of projects and initiatives geared towards enhancing the care and enrichment of our animals, as well as supporting pet owners in Contra Costa County. Propelled by the collective generosity of 2,527 donors who contributed $124,682, CCAS made significant improvements in the areas of medical treatment and support for animals, enabling families to retain their pets (thus keeping them out of the shelter), augmenting spay and neuter services in the County and amplifying awareness of CCAS and the importance of licensing and microchipping. The incredible amount of giving has allowed us to put ideas into action, the results of which are highlighted throughout this report . To our donors, we say, “Thank You” for believing in CCAS and for providing us the tools necessary to impact and save even more lives. Behind every number is a story. This report highlights a few of those that touched and inspired us, and spurred us to action. For that, our thanks go to the community, adopters, transfer partners, staff and volunteers who either contributed to the fund, adopted an animal into their home or organization, or who gave their time or talent to ensure the best outcomes possible for the animals in our care. The heart-warming results you willread about in this report are testament to the spirit of compassion, innovation and hard work exhibited by CCAS in the last fiscal year. Introduction November 6, 2018 BOS Minutes 778 CCAS Animal Benefit Fund Report Page 3 from 17 pagesNovember 6, 2018 BOS Minutes 779 CCAS Animal Benefit Fund Report Page 4 from 17pages Spay and Neuter Program In FY17/18, CCAS significantly increased the scope of the Animal Benefit Fund’s spay and neuter program, allocating over $117,000 in funding to increase opportunities for low-cost spay and neuter services in Contra Costa County. Working with our collaborative partners Fix Our Ferals, Paw Fund and Positively SAFE, the fund provided over 1,200 low-cost spay and neuter surgeries for animals that may not have otherwise been altered. November 6, 2018 BOS Minutes 780 CCAS Animal Benefit Fund Report Page 5 from 17 pages Spay and Neuter Program Allocated for Low-Cost Spay & Neuter Programs $117,733 4 Collaborative Partners (CCAS, Fix Our Ferals, Positively SAFE, Paw Fund) 1224 Low-Cost Surgeries, Exams, Vaccinations, & Microchips November 6, 2018 BOS Minutes 781 CCAS Animal Benefit Fund Report Page 6 from 17pages The CCAS/ARF Pet Retention Program has become an overwhelming success in keeping animals out of Contra Costa County shelters. In the first two years of implementing the program, animals coming into CCAS via the owner surrender pipeline have been reduced by 50%. The reduction in owner surrendered animals allowed CCAS to clear up much-needed kennel space and increase departmental capacity - allowing us to help more people and animals. In FY 17/18, over $30,000 was allocated from the Animal Benefit Fund to help keep over 100 animals in their loving homes. Equally important, in the second year of the program’s operation, we were able to identify the most common themes that lead people to surrender their pets, allowing us to bolster our existing resources in those areas and seek new resources to address issues, thus creating a stronger program. Beyond the statistical successes enjoyed by the program, the real measure of success can be found in the stories, photos and thank you cards we receive from people whom we’ve helped keep their pet in their family. Pet Retention November 6, 2018 BOS Minutes 782 CCAS Animal Benefit Fund Report Page 7 from 17 pages Allocated to Pet Retention Program $30,453 117 Animal kept in their loving homes 50% Reduction in Owner Surrendered Animals over the first two years of the ARF/CCAS Pet Retention Program November 6, 2018 BOS Minutes 783 CCAS Animal Benefit Fund Report Page 8 from 17pages The CCAS Bridge Program serves as a mechanism to assist our transfer partners in adopting more animals, particularly those with medical issues. The financial assistance provided to transfer partners through the Animal Benefit Fund’s Bridge Program helps to alleviate the costs of medical and other services transfer partners incur as a result of pulling special needs animals. In FY 17/18, over $43,000 was dedicated to assisting transfer partners in adopting over 50 special needs animals from the Martinez and Pinole shelters. Transfer Partner Assistance November 6, 2018 BOS Minutes 784 CCAS Animal Benefit Fund Report Page 9 from 17 pages Allocated to Bridge Program Assistance $43,805 20 Participating Veterinary Hospitals & Clinics 2,643 Animals Transferred in FY 17/18 A huge community effort resulted in 12 dogs heading off to Idaho to start their new lives November 6, 2018 BOS Minutes 785 CCAS Animal Benefit Fund Report Page 10 from 17pages Medical Assistance (Panda Fund) The Panda Fund was created to provide medical services to animals in need that have conditions beyond CCAS’ ability to treat. In FY 17/18, over $21,000 in Animal Benefit Fund support was dedicated to the Panda Fund. The funding provided allowed CCAS to provide 22 animals with the urgent medical care they needed. From providing urgent care to animals with severe trauma to performing complicated surgeries to save the lives of animals in the hopes they will find their forever homes, the Panda Fund has made a huge difference in CCAS’ ability to care for animals with severe trauma and conditions.November 6, 2018 BOS Minutes 786 CCAS Animal Benefit Fund Report Page 11 from 17 pages Allocated to Medical Assistance Fund $21,815 22 Animals received treatment through the Panda Fund 8 Veterinary hospitals and clinics participating in the Panda Fund $946 Average cost of medical procedures Vegas came to us with a limp which turned out to be a fracture from an old elbow injury that wasn’t able to be fixed. Our medical staff had to amputate his front left leg, but that didn’t slow down this super active and energetic pup. He adjusted just fine to his new set-up. Vegas loves people, and even gives kisses! November 6, 2018 BOS Minutes 787 CCAS Animal Benefit Fund Report Page 12 from 17pages Education & Awareness 33,046 post engagement from social media advertising 120,000+ Unique exposures from online PSAs November 6, 2018 BOS Minutes 788 CCAS Animal Benefit Fund Report Page 13 from 17 pages Over the last fiscal year, the Animal Benefit Fund supported an array of projects that sought to educate and increase awareness about important animal welfare issues, such as the benefits of adoption and the importance of pet licensing. Projects funded by the Education & Awareness Fund in FY 17/18 include: the 2018 CCAS License Amnesty Program advertising campaign, social media campaigns targeted towards underserved communities, television and radio PSAs and the implementation of new, educational signage at the Martinez shelter and on the CCAS transport van. ABF funds have allowed CCAS to take our marketing and public education game to the next level and ensure the community is aware and engaged in our work. $52,042 Allocated to supporting Education & Awareness November 6, 2018 BOS Minutes 789 CCAS Animal Benefit Fund Report Page 14 from 17pages Contra Costa Animal Services sends a heartfelt thank you to the generous individuals, organizations, and corporations who have given to the Animal Benefit Fund this year. Your contributions have supported CCAS in providing better care and enrichment for our animals, increasing public services to assist pet owners and community partners and improving live outcomes at our shelters. CCAS is grateful for each and every contribution, funding which has allowed us to save and transform lives in ways we could have never imagined. We simply could not do this without you! Thank You to Our Donors $47,204 in Grant Assistance (Maddie’s Fund and Pet Food Express) November 6, 2018 BOS Minutes 790 CCAS Animal Benefit Fund Report Page 15 from 17 pages $124,682 in contributions to The Animal Benefit Fund 2,527 Donors $4,000 Largest Individual Contribution ($49 average contribution amount) $77,487 Individual Contributions November 6, 2018 BOS Minutes 791 CCAS Animal Benefit Fund Report Page 16 from 17pages Financials Animal Benefit Fund Balance Animal Benefit Fund Totals Beginning Balance $818,696.98 Contributions & Grants Expenditures Ending Balance $124,682.21 $293,246.57 $650,132.62 Animal Benefit Fund Balance ** ** The Animal Services Department processed $104,765.48 after the FY 2017/18 closing period to appropriately record Animal Benefit Fund expenses. There was also a $250.00 offset in the ABF fund balance due to a returned check. General Material/Supplies $24,000.00 $23,829.59 $170.41 $300,000.00 Panda $21,500.00 $21,815.12 $10,000.00 Education Program $40,500.00 $52,042.98 $25,000.00 Shelter Intervention $31,000.00 $30,453.28 $546.72 $25,000.00 Transfer Partner Assistance (Bridge)$59,000.00 $43,805.86 $50,000.00 Spay and Neuter Program $120,000.00 $117,733.74 $100,000.00 Pets for Seniors $4,000.00 $3,566.00 $434.00 $0.00 $300,000.00 $510,000.00 ABF FY 17/18 Totals ($11,542.98) ($315.12) $15,194.14 $2,266.26 $6,753.43$293,246.57 Budget FY 17/18 FY 17/18 Actuals VarianceFund FY 18/19 Proposed TOTAL November 6, 2018 BOS Minutes 792 CCAS Animal Benefit Fund Report Page 17 from 17 pagesNovember 6, 2018 BOS Minutes 793 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 October 23, 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 to continue the declaration of a local emergency regarding homelessness. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/06/2018 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Julie Enea, (925) 335-1077 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 6, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C. 93 To:Board of Supervisors From:David Twa, County Administrator Date:November 6, 2018 Contra Costa County Subject:CONTINUE EXTENSION OF EMERGENCY DECLARATION REGARDING HOMELESSNESS November 6, 2018 BOS Minutes 794