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HomeMy WebLinkAboutMINUTES - 11132018 -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 13, 2018                  9:00 A.M. Convene, call to order opening ceremonies. Inspirational Thought- "America was not built on fear. America was built on courage, on imagination and an unbeatable determination to do the job at hand." ~former President Harry S. Truman 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 CONSIDER CONSENT ITEMS (Items listed as C.1 through C.63 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 declaring November 2018 as Homelessness Awareness month in Contra Costa County. (Jaime Jennett, Continuum of Care Planning and Policy Manager)     AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover PR.2 PRESENTATION from Visit Concord on the Tourism Improvement District's Annual Report. (Supervisor Mitchoff)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover DISCUSSION ITEMS   D. 1 CONSIDER Consent Items previously removed.    Supervisor Glover was not present for the vote on the consent calendar as a whole, but was present for the November 13, 2018 CCC BOS Minutes 1  Supervisor Glover was not present for the vote on the consent calendar as a whole, but was present for the discussion and vote of items C.45 and C.57. C.45 Allowed for commentary from the public, and was subsequently adopted as presented; C.57 Adopted the resolution and further direction from the Board.   D. 2 PUBLIC COMMENT (2 Minutes/Speaker)    Edmond Hofler, resident of El Sobrante, spoke on difficulties in parking in his area, that no parking zones on the Tri-lane area results in the homeless storing stuff there; Supervisor Gioia's Chief of Staff with meet with Mr. Hofler. Stacie Hinton, 9 Union Coalition, spoke on improving recruitment and retention of employees by offering better healthcare benefits; Renata Pierce, SEIU 1021, spoke on positive advancement toward affordable healthcare for employees; Sue Guest, IFPTE 21, spoke thanked Mr. Twa and the Board for the positive progressive made thus far on healthcare negotiations.   D.3 HEARING on the itemized costs of abatement for property located at 1920 6th Street, Richmond, in unincorporated Contra Costa County (James and Corinea Ray, owners). (Jason Crapo, Conservation and Development Department)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover D.4 PROVIDE direction to staff on the process to select applicants for certain types of commercial cannabis establishments that have a cap on the number of land use permits that may be issued. (Ruben Hernandez, Conservation and Development Department)       Speakers: Greg Kremenliev, NORML; Ashley Bargenquast, Tully & Weiss Attorneys at Law; Jim Gonzalez, resident of Sacramento; John Thiella, resident of Richmond; Israel Martinez, resident of Brentwood; Oscar Burrola Jr., resident of Brentwood; Larry Johnson, U.S. Four Gods Management; Kevin Yao, resident of Antioch; Nate Landau, Showtill; John Kinikin, U.S. Four Gods Management. The Board Agreed with the recommendations presented by staff today in the Comparison of Approaches table (attached): The Board will be the selection body; The review panel for applications would be an interdepartmental committee composed from Conservation and Development, County Administrators Office, Health, Agriculture, and Fire Protection District; Denial of Request for Proposal has no appeal; A Letter of Intent will be required; The scoring criteria will include: business plan, community benefits, economic benefits, location/equitable geographic distribution, odor control, oral interview/site visit, qualifications/operating plan, security plan, social equity, sustainability measures.   D.5 HEARING on the impasse with Teamsters Local 856 regarding changes to alternate work schedule for one Pharmacist II; and CONSIDER implementing revision to work schedule. (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 reports of Board members.    There were no items reported today.   11:00 A.M. November 13, 2018 CCC BOS Minutes 2 11:00 A.M. 2018 Veterans' Day Celebration and Presentation of Colors to honor the men and women of Contra Costa County who have served and are currently serving in our United States Armed Forces. (Nathan Johnson, Veterans Services Officer)   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)) Shenson v. Contra Costa County & Mariampolski/Frantz v. Contra Costa County, Contra Costa County Superior Court Case No. C17-01267 1. Gustave Kramer v. Board of Supervisors, et. al., Contra Costa County Superior Court Case No. N18-2076.2. C. CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Gov. Code, § 54956.9(d)(2): One potential case.    There were no announcements from Closed Session.   ADJOURN in memory of Mark Mitchell Lafayette City Council Member   CONSENT ITEMS   Engineering Services   C. 1 ADOPT Resolution No. 2018/550 approving and authorizing the Public Works Director, or designee, to fully close the north bound lanes of Danville Boulevard between Orchard Lane and Jackson Way, and to fully close Jackson Way at the intersection with Danville Boulevard, on December 2, 2018 from 4:30 PM through 6:30 PM, for the purpose of Annual Alamo Tree Lighting Event, Alamo area. (No fiscal impact)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff Other: District V Supervisor Federal D. Glover (ABSENT) Special Districts & County Airports   C. 2 APPROVE and AUTHORIZE the Auditor-Controller, or designee, to issue a payment on behalf of the Public Works Director in the amount of $2,000 from County Service Area R-7 payable to the Community Foundation of Alamo for the holiday lights at Andrew H. Young Park, Alamo Area. (100% County Service Area R-7 Funds)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff November 13, 2018 CCC BOS Minutes 3 Other: District V Supervisor Federal D. Glover (ABSENT) C. 3 APPROVE and AUTHORIZE the Director of Airports, or designee, to execute a month-to-month hangar rental agreement with Neil Friedman for a Shade hangar at Buchanan Field Airport effective November 6, 2018 in the monthly amount of $177.07. (100% Airport Enterprise Fund)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff Other: District V Supervisor Federal D. Glover (ABSENT) C. 4 RESCIND Resolution No. 2018/469 and ADOPT Resolution No. 2018/565 accepting as complete the contracted work performed by Ghilotti Construction Company for the San Pablo and Wildcat Creeks Levee Remediation Project, as recommended by the Chief Engineer, North Richmond area. (63% Department of Water Resources Grant Funds and 37% Local Flood Control District Funds)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff Other: District V Supervisor Federal D. Glover (ABSENT) Claims, Collections & Litigation   C. 5 DENY claims filed by Audi Concord, Bak Chan, Estetania Copinoza, Christopher Garcia, Vanessa Hill (2), Jessica Pulido, Maria Ramirez, Lyle Sherman, Casey Tholborn, CSAA Ins., a subrogee of Ryan T. Wells, and Zenith Insurance Company for Producer’s Dairy Foods. DENY amended claim field by CSAA, a subrogee of Zachay Aragon.        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff Other: District V Supervisor Federal D. Glover (ABSENT) Statutory Actions   C. 6 ACCEPT Board members meeting reports for October 2018.       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff Other: District V Supervisor Federal D. Glover (ABSENT) Hearing Dates   C. 7 ADOPT Resolution No. 2018/555, declaring the intention to form Zone 2904 within County Service Area P-6 in the unincorporated area of Lafayette; and fixing a public hearing for December 11, 2018, at 9:30 a.m. to consider public input regarding the establishment of Zone 2904 and the adoption of Ordinance No. 2018-29 authorizing the levy of a special tax within Zone 2904 to fund police protection services, as recommended by the Conservation and Development Director. (100% Developer Fees)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff Other: District V Supervisor Federal D. Glover (ABSENT) Honors & Proclamations   C. 8 ADOPT Resolution No. 2018/540 recognizing the 100th anniversary of the ending of World War I and the Annual Commemoration of Veterans Day, as recommended by Supervisor Mitchoff.    November 13, 2018 CCC BOS Minutes 4     AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff Other: District V Supervisor Federal D. Glover (ABSENT) C. 9 ADOPT Resolution No. 2018/552 honoring the Veterans Service Representative Jill Martinez, as recommended by Supervisor Mitchoff.        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff Other: District V Supervisor Federal D. Glover (ABSENT) C. 10 ADOPT Resolution No. 2018/560 recognizing David Gerson for his years of service on the Lafayette School Board, as recommended by Supervisor Andersen.        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff Other: District V Supervisor Federal D. Glover (ABSENT) C. 11 ADOPT Resolution No. 2018/561 recognizing Rachel Zinn on her retirement as Superintendent from the Lafayette School District, as recommended by Supervisor Andersen.        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff Other: District V Supervisor Federal D. Glover (ABSENT) C. 12 ADOPT Resolution No. 2018/562 recognizing Teresa Gerringer for her years of service on the Lafayette School Board, as recommended by Supervisor Andersen.        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff Other: District V Supervisor Federal D. Glover (ABSENT) C. 13 ADOPT Resolution No. 2018/567 declaring November 2018 as Homelessness Awareness Month in Contra Costa County, 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 Other: District V Supervisor Federal D. Glover (ABSENT) C. 14 ADOPT Resolution 2018/568 recognizing Steven Falk for his dedicated work as the Lafayette City Manager, as recommended by Supervisor Andersen.        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff Other: District V Supervisor Federal D. Glover (ABSENT) C. 15 ADOPT Resolution No. 2018/569 recognizing Richard Whitmore for his long-time service as Superintendent of Lafayette School District, as recommended by Supervisor Andersen.        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff Other: District V Supervisor Federal D. Glover (ABSENT) C. 16 ADOPT Resolution No. 2018/570 recognizing Don Tatzin upon his retirement from the Lafayette City Council, as recommended by Supervisor Andersen.        November 13, 2018 CCC BOS Minutes 5   AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff Other: District V Supervisor Federal D. Glover (ABSENT) Appointments & Resignations   C. 17 APPOINT Kevin Orozco to the Alcohol & Other Drugs Advisory Board, District V seat, as recommended by Supervisor Glover.        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff Other: District V Supervisor Federal D. Glover (ABSENT) C. 18 ACCEPT the resignation of Kate Salisbury; DECLARE a vacancy in the Youth Representative seat on the Alamo Municipal Advisory Council, and DIRECT the Clerk of the Board to post the vacancy, as recommended by Supervisor Andersen.        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff Other: District V Supervisor Federal D. Glover (ABSENT) C. 19 ACCEPT resignation of Wanda Session as Alternate to Chris Farnitano, M.D., on the Contra Costa First 5 Children & Families Commission, 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 Other: District V Supervisor Federal D. Glover (ABSENT) C. 20 REAPPOINT Mary McCosker to the Trustee 2 seat of the Alamo-Lafayette Cemetery District Board of Directors, as recommended by Supervisor Andersen.        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff Other: District V Supervisor Federal D. Glover (ABSENT) C. 21 ACCEPT the resignation of Courtney Cummings; DECLARE a vacancy in the District 1-B seat of the Alcohol and Other Drugs Advisory Board, and DIRECT the Clerk of the Board to post the vacancy, as recommended by Supervisor Gioia.       No vacancy needed to be posted because the seat was eliminated in a bylaw reorganization approved by the Board of Supervisors on 10/23/18.     AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff Other: District V Supervisor Federal D. Glover (ABSENT) C. 22 ACCEPT the resignation of Devorah Levine, DECLARE a vacancy in the Victim's Representative seat on the Contra Costa Community Corrections Partnership, and DIRECT the Clerk of the Board to post the vacancy, as recommended by the Public Protection Committee.        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff Other: District V Supervisor Federal D. Glover (ABSENT) Appropriation Adjustments   November 13, 2018 CCC BOS Minutes 6   C. 23 Office of Communications & Media (0003)/Plant Acquisition (0111): APPROVE Appropriation Adjustment No. 5033 and AUTHORIZE the transfer of $1,596,000 from the Office of Communications and Media (0003) to Plant Acquisition (0111) for remodel of CCTV studio space. (100% Public, Education and Government fees)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff Other: District V Supervisor Federal D. Glover (ABSENT) Personnel Actions   C. 24 ADOPT Position Adjustment Resolution No. 22361 to add one Social Service Program Assistant (represented) position in the Employment and Human Services Department, Aging and Adult Services. (100% State)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff Other: District V Supervisor Federal D. Glover (ABSENT) C. 25 ADOPT Position Adjustment Resolution No. 22378 to increase the hours of a Clerk-Senior Level position (represented) from part time (20/40) to full time in the Health Services Department. (100% General Fund)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff Other: District V Supervisor Federal D. Glover (ABSENT) C. 26 ADOPT Position Adjustment Resolution No. 22379 to reassign one Accounting Technician position (represented) from the Hospital to the Conservatorship Program in the Health Services Department. (100% General Fund)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff Other: District V Supervisor Federal D. Glover (ABSENT) Leases   C. 27 APPROVE and AUTHORIZE the Public Works Director, or designee, to execute a 10-year lease with Pleasant Hill Executive Park Association for the lease of office space at 395 Taylor Blvd, Suites 200 and 230, Pleasant Hill, at an initial rent of $84,679 for the first year with annual increases thereafter for the Health Services - Wraparound Program. (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 Other: District V Supervisor Federal D. Glover (ABSENT) Grants & Contracts   APPROVE and AUTHORIZE execution of agreements between the County and the following agencies for receipt of fund and/or services:   C. 28 APPROVE and AUTHORIZE the Agricultural Commissioner, or designee, to execute a Memorandum of Understanding with the California Agricultural Commissioner and Sealers Association with modified indemnification language and to accept an amount not to exceed $6,372 to provide training and data entry support for pesticide use reporting 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 November 13, 2018 CCC BOS Minutes 7   AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff Other: District V Supervisor Federal D. Glover (ABSENT) C. 29 APPROVE and AUTHORIZE the Public Defender, or designee, to apply for and accept funding from East Bay Community Foundation in the amount of $15,000, to support Contra Costa's Stand Together Contra Costa Program to support legal services for immigrants residing in Contra Costa County for fiscal year 2018-19. (No County match)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff Other: District V Supervisor Federal D. Glover (ABSENT) C. 30 APPROVE and AUTHORIZE the Employment and Human Services Director, or designee, to execute a contract with the California Department of Community Services and Development in an amount not to exceed $847,381 to provide Community Services Block Grant program services for the period January 1 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 Other: District V Supervisor Federal D. Glover (ABSENT) C. 31 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract amendment with the California Department of Public Health, Office of AIDS, to extend the term through June 30, 2020 with no change in the payment limit of $5,000, and add Pre-Exposure Prophylaxis Assistance Program enrollment services for the Drug Assistance Program for provision of medication for individuals diagnosed with HIV/AIDS. (No County match)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff Other: District V Supervisor Federal D. Glover (ABSENT) APPROVE and AUTHORIZE execution of agreement between the County and the following parties as noted for the purchase of equipment and/or services:   C. 32 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract amendment effective October 1, 2018 with MGA Healthcare, Inc., to increase the payment limit by $100,000 to a new payment limit of $400,000 for additional temporary laboratory services, for the period January 1 through December 31, 2018. (100% Hospital Enterprise Fund I)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff Other: District V Supervisor Federal D. Glover (ABSENT) C. 33 AWARD and AUTHORIZE the Public Works Director, or designee, to execute Job Order Contracts 008, 009 and 010 with Mark Scott Construction, Inc., Staples Construction Company, Inc., and Aztec Consultants in the amount of $2,500,000 each, for a term of one year each (from issuance of the first Job Order Contract Notice to Proceed for each contract) for repair, remodeling, and other repetitive work, Countywide. (100% Various Funds)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff Other: District V Supervisor Federal D. Glover (ABSENT) C. 34 APPROVE and AUTHORIZE the Sheriff-Coroner, or designee, to execute a contract with National Medical Services, Inc., in an amount not to exceed $240,000 to provide forensic toxicology analysis for the period January 1 through December 31, 2019. (100% Agency Fees)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor DianeNovember 13, 2018 CCC BOS Minutes 8   AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff Other: District V Supervisor Federal D. Glover (ABSENT) C. 35 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract amendment effective August 1, 2018 with BHC Fremont Hospital, Inc., to increase the payment limit by $200,000 to a new payment limit of $300,000 to provide additional inpatient psychiatric hospital services for children and adolescents for the period July 1, 2018 through June 30, 2019. (100% Mental Health Realignment)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff Other: District V Supervisor Federal D. Glover (ABSENT) C. 36 APPROVE and AUTHORIZE the Auditor-Controller, or designee, to pay an amount not to exceed $40,833 to Acusis LLC, for medical transcription and dictation services rendered to Contra Costa Regional Medical Center for the months March and July 2015, and January and February 2017. (100% Hospital Enterprise Fund I)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff Other: District V Supervisor Federal D. Glover (ABSENT) C. 37 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with David S. Gee, M.D., in an amount not to exceed $200,000 to provide consultation and technical assistance to the Contra Costa Health Plan on utilization management policies and procedures for the period December 1, 2018 through November 30, 2019. (100% Contra Costa Health Plan Enterprise Fund II)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff Other: District V Supervisor Federal D. Glover (ABSENT) C. 38 APPROVE and AUTHORIZE the Employment and Human Services Director, or designee, to execute a contract containing modified indemnification language with Crowne Plaza Hotel Concord, in an amount not to exceed $6,000 to provide the facility for the Foster Parent Recognition Retention Support Program, Caregiver Appreciation Recognition event scheduled for May 20, 2019. (50% Federal, 50% State)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff Other: District V Supervisor Federal D. Glover (ABSENT) C. 39 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Diablo Nephrology Medical Group, Inc., in an amount not to exceed $804,000 to provide nephrology (treatment of kidney conditions and abnormalities) services at 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 Other: District V Supervisor Federal D. Glover (ABSENT) C. 40 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract containing modified indemnification language with Siemens Healthcare Diagnostics, Inc., in an amount not to exceed $20,740 to provide maintenance and repair of blood gas analyzers for the period July 15, 2018 through July 14, 2023. (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 Other: District V Supervisor Federal D. Glover (ABSENT) C. 41 APPROVE and AUTHORIZE the Director of Risk Management to execute a contract amendment with Ah    November 13, 2018 CCC BOS Minutes 9 C. 41 APPROVE and AUTHORIZE the Director of Risk Management to execute a contract amendment with Ah Hing (dba Risk Management Outsourcing, LLC) to increase the payment limit by $59,494 to a new payment limit of $237,975 and extend the term from December 31, 2018 through June 30, 2019 to provide risk management serves on behalf of the County. (100% Self-Insurance Internal Service Funds)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff Other: District V Supervisor Federal D. Glover (ABSENT) C. 42 APPROVE and AUTHORIZE the Employment and Human Services Director, or designee, to execute a contract containing modified indemnification language with the Regents of the University of California, Davis in an amount not to exceed $97,750 to provide staff training on eligibility, employment services, adult services, and general leadership for the period December 1, 2018 through June 30, 2019. (25% State, 75% Federal)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff Other: District V Supervisor Federal D. Glover (ABSENT) C. 43 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Treg Antioch I OP CO, LP, in an amount not to exceed $153,000 to provide residential board and care services for post medical, surgical, and/or custodial care patients who have been discharged from Contra Costa Regional Medical Center Health Centers for the period November 1, 2018 through October 31, 2019. (100% County General Fund)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff Other: District V Supervisor Federal D. Glover (ABSENT) C. 44 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Richard D. Baldwin, M.D., in an amount not to exceed $264,960 to provide geriatric psychiatric services for seriously and persistently mentally ill older adults at County’s Adult Mental Health Clinics for the period January 1 through December 31, 2019. (100% Mental Health Realignment)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff Other: District V Supervisor Federal D. Glover (ABSENT) C. 45 APPROVE and AUTHORIZE the Conservation and Development Director, or designee, to execute a contract amendment with Environmental Science Associates, Inc., to extend the term from December 31, 2018 through December 31, 2020, and revise the fee schedule, with no change to the contract limit of $402,588, to continue preparing an Environmental Impact Report for the Keller Canyon Landfill land use permit amendment. (100% land use permit fees)       Speaker: Jenn Borcic, resident of Pittsburg.     AYE: District I 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 Conservation and Development Director, or designee, to execute a contract amendment with Crowe LLP, effective June 4, 2018, to reflect a change in the contractor's company name from Crowe Horwath LLP, with no change to the payment limit or contract term. (100% Waste Collection Franchise fees)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff Other: District V Supervisor Federal D. Glover (ABSENT) C. 47 APPROVE and AUTHORIZE the Purchasing Agent to execute, on behalf of the Health Services Director, a    November 13, 2018 CCC BOS Minutes 10 C. 47 APPROVE and AUTHORIZE the Purchasing Agent to execute, on behalf of the Health Services Director, a purchase order including modified indemnification with Groupware Technology, Inc., in an amount not to exceed $119,915 for the purchase of Dell EMC Unity Network-Attached Storage hardware and support services 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 Other: District V Supervisor Federal D. Glover (ABSENT) C. 48 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Ed Supports, LLC (dba Juvo Autism + Behavioral Health Services), in an amount not to exceed $500,000 to provide applied behavior analysis services for Contra Costa Health Plan members for the period November 1, 2018 through October 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 Other: District V Supervisor Federal D. Glover (ABSENT) C. 49 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with A Plus Hospice, Inc., in an amount not to exceed $200,000 to provide hospice services for Contra Costa Health Plan members 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 Other: District V Supervisor Federal D. Glover (ABSENT) C. 50 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Bayhealth, Inc., in an amount not to exceed $300,000 to provide hospice services for Contra Costa Health Plan members 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 Other: District V Supervisor Federal D. Glover (ABSENT) C. 51 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Sojourn Hospice and Palliative Care – East Bay, LLC, in an amount not to exceed $200,000 to provide hospice services for Contra Costa Health Plan members 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 Other: District V Supervisor Federal D. Glover (ABSENT) C. 52 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with PH Senior Care, LLC (dba Pleasant Hill Manor), in an amount not to exceed $780,000 to provide augmented residential board and care services, including room, board, care and supervision for County-referred mentally disordered clients for the period December 1, 2018 through November 30, 2019. (88% Mental Health Realignment; 12% 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 Other: District V Supervisor Federal D. Glover (ABSENT) C. 53 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract amendment    November 13, 2018 CCC BOS Minutes 11 C. 53 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract amendment effective August 1, 2018 with Addiction Research and Treatment, Inc., to increase the payment limit by $84,358 to a new payment limit of $7,606,728 to provide additional methadone treatment services through its Methadone Maintenance Clinics Program in East and West County, with no change to the term ending June 30, 2019. (50% Federal Drug Medi-Cal; 50% State Drug Medi-Cal)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff Other: District V Supervisor Federal D. Glover (ABSENT) C. 54 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Greater Richmond Interfaith Program, in an amount not to exceed $147,585 to provide substance abuse and mental health services for California Work Opportunity and Responsibility to Kids participants for the period November 1, 2018 through June 30, 2019. (100% CalWORKs Substance Abuse and Mental Health Services Funds)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff Other: District V Supervisor Federal D. Glover (ABSENT) C. 55 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Diablo Valley Oncology and Hematology Medical Group, Inc., in an amount not to exceed $601,000 to provide urology services for 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 Other: District V Supervisor Federal D. Glover (ABSENT) Other Actions   C. 56 AUTHORIZE the Chair of the Board of Supervisors to sign a letter to the Metropolitan Transportation Commission (MTC) regarding policies proposed by MTC's Committee to house the Bay Area (CASA) Steering Committee that would reduce or recalculate development impact fees, as recommended by the Transportation, Water and Infrastructure Committee. (No fiscal impact)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff Other: District V Supervisor Federal D. Glover (ABSENT) C. 57 ACCEPT status report from the Environmental Health Director on the revised Solid Waste Collection & Transportation Ordinance and adopt Resolution No. 2018/545 to reduce the amount of the performance bond required to be filed and maintained by a non-franchise solid waste collection and transport permittee from $50,000 to $20,000, as recommended by the Internal Operations Committee. (No fiscal impact)       Speaker: Ed Hofler, resident of El Sobrante (commentary attached). ADOPTED Resolution No. 2018/545 to supersede and replace Resolution No. 2018/41, reducing the amount of the performance bond required to be filed and maintained by a non-franchise solid waste collection and transport permittee from $50,000 to $20,000; (AYES: II, III, V; NOES: I, IV; ABSENT: None ABSTAIN: None) DIRECTED a referral to the Legislation Committee or through the appropriate committees, to seek legislation in the next session that specifically raises fines for unpermitted haulers; (AYES: I, II, III, IV,V; NOES: None; ABSENT: None ABSTAIN: None) REQUESTED a report from Environmental Health Services in six months regarding any increase in permit requests directly related to lowering the bond amount and an update on the department’s efforts in working with the cities.     AYE: District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District V Supervisor FederalNovember 13, 2018 CCC BOS Minutes 12   AYE: District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District V Supervisor Federal D. Glover NO: District I Supervisor John Gioia, District IV Supervisor Karen Mitchoff C. 58 APPROVE and AUTHORIZE the allocation of $159,461 from the Crockett Co-Generation Property Tax Allocation for four projects, as recommended by the Crockett Community Foundation and Supervisor Glover. (100% General Fund)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff Other: District V Supervisor Federal D. Glover (ABSENT) C. 59 ACCEPT quarterly report of the Post Retirement Health Benefits Trust Agreement Advisory Body, as recommended by the Post Retirement Health Benefits Trust Agreement Advisory Body.        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff Other: District V Supervisor Federal D. Glover (ABSENT) C. 60 APPROVE and AUTHORIZE the Employment and Human Services Director, or designee, to seek reimbursement from the California Department of Education in an amount not to exceed $1,794 to maintain Child Days of Enrollment during emergency closure at County operated site, Las Deltas, during FY 2018-19. (No County match)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff Other: District V Supervisor Federal D. Glover (ABSENT) C. 61 ADOPT Resolution No. 2018/566 authorizing the sale of specified tax-defaulted property at public auction, pursuant to the California Revenue and Taxation Code §3698, as recommended by the Treasurer-Tax Collector. (100% Various Funds)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff Other: District V Supervisor Federal D. Glover (ABSENT) C. 62 APPROVE the list of providers recommended by Contra Costa Health Plan's Medical Director on October 24 and 26, 2018, and by the Health Services Director, as required by the State Departments of Health Care Services and Managed Health Care, and the Centers for Medicare and Medicaid Services.        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff Other: District V Supervisor Federal D. Glover (ABSENT) C. 63 APPROVE and AUTHORIZE the Health Services Director, or designee, to terminate a contract with Collective Medical Technologies, Inc., for provision of software licenses, subscription, and maintenance for two healthcare data sharing applications effective at the close of business on February 12, 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 Other: District V Supervisor Federal D. Glover (ABSENT)   GENERAL INFORMATION November 13, 2018 CCC BOS Minutes 13 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 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 theNovember 13, 2018 CCC BOS Minutes 14 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 February 13, 2019 11:00 a.m.See above Family & Human Services Committee November 26, 2018 Canceled Special Meeting December 3, 2018 12:00 p.m.Redwood Room, 3rd Floor 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.Rm 107 Board Chambers Transportation, Water & Infrastructure Committee December 10, 2018 9:00 a.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: 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 November 13, 2018 CCC BOS Minutes 15 CCWD Contra Costa Water District CDBG Community Development Block Grant CFDA Catalog of Federal Domestic Assistance CEQA California Environmental Quality Act CIO Chief Information Officer COLA Cost of living adjustment ConFire (CCCFPD) Contra Costa County Fire Protection District CPA Certified Public Accountant CPI Consumer Price Index CSA County Service Area CSAC California State Association of Counties CTC California Transportation Commission dba doing business as DSRIP Delivery System Reform Incentive Program EBMUD East Bay Municipal Utility District ECCFPD East Contra Costa Fire Protection District EIR Environmental Impact Report EIS Environmental Impact Statement EMCC Emergency Medical Care Committee EMS Emergency Medical Services EPSDT Early State Periodic Screening, Diagnosis and Treatment Program (Mental Health) et al. et alii (and others) FAA Federal Aviation Administration FEMA Federal Emergency Management Agency F&HS Family and Human Services Committee First 5 First Five Children and Families Commission (Proposition 10) FTE Full Time Equivalent FY Fiscal Year GHAD Geologic Hazard Abatement District GIS Geographic Information System HCD (State Dept of) Housing & Community Development HHS (State Dept of ) Health and Human Services HIPAA Health Insurance Portability and Accountability Act HIV Human Immunodeficiency Syndrome HOV High Occupancy Vehicle HR Human Resources HUD United States Department of Housing and Urban Development IHSS In-Home Supportive Services Inc. Incorporated IOC Internal Operations Committee ISO Industrial Safety Ordinance JPA Joint (exercise of) Powers Authority or Agreement Lamorinda Lafayette-Moraga-Orinda Area LAFCo Local Agency Formation Commission LLC Limited Liability Company LLP Limited Liability Partnership Local 1 Public Employees Union Local 1 LVN Licensed Vocational Nurse MAC Municipal Advisory Council MBE Minority Business Enterprise M.D. Medical Doctor M.F.T. Marriage and Family Therapist MIS Management Information System 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 November 13, 2018 CCC BOS Minutes 16 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 13, 2018 CCC BOS Minutes 17 RECOMMENDATION(S): Receive presentation from Visit Concord on the Tourism Improvement District's Annual Report FISCAL IMPACT: None. BACKGROUND: Visit Concord is the brand identity created for the Concord Tourism Improvement District (TID) located in San Francisco’s East Bay. Established on June 1, 2013, the TID allows a 3 percent collection on all room bookings from participating hotels in Concord. The TID aims to improve economic growth by building awareness and consideration of Concord as a destination for travelers and meeting and event planners. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/13/2018 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: Lia Bristol, (925) 521-7100 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 13, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: , Deputy cc: PR.2 To:Board of Supervisors From:Karen Mitchoff, District IV Supervisor Date:November 13, 2018 Contra Costa County Subject:Presentation from Visit Concord on the Tourism Improvement District's Annual Report November 13, 2018 CCC BOS Minutes 18 RECOMMENDATION(S): OPEN the hearing of the costs of abating a public nuisance on the real property located at 1920 6th Street, Richmond, California, Contra Costa County (APN: 409-291-008), belonging to James and Corinea Ray. RECEIVE and CONSIDER the attached itemized report on the abatement costs and any objections thereto from the property owner or other persons with a legal interest in the property; and CLOSE the hearing. DETERMINE the cost of all abatement work and all administrative costs to be $3,337.98. ORDER the itemized report confirmed and DIRECT that it be filed with the Clerk of the Board of Supervisors. ORDER the costs to be specially assessed against the above-reference property and AUTHORIZE the recordation of a Notice Of Abatement Lien. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/13/2018 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: Jason Crapo, 925-674-7722 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 13, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stephanie Mello, Deputy cc: D.3 To:Board of Supervisors From:John Kopchik, Director, Conservation & Development Department Date:November 13, 2018 Contra Costa County Subject:Cost Confirmation Hearing for Real Property Located at: 1920 6th Street, Richmond, CA 94801 November 13, 2018 CCC BOS Minutes 19 FISCAL IMPACT: No net fiscal impact. The costs as determined above will be added to the tax roll as a special assessment on this property and will be collected at the same time and in the same manner as ordinary County taxes are collected. BACKGROUND: Contra Costa County Ordinance Code Article 14-6.4 and California Government Code Section 25845 authorize the recovery of abatement costs in public nuisance cases, the recordation of a Notice of Abatement Lien, and inclusion of abatement costs on the tax roll as a special assessment, upon approval of the Board of Supervisors. The Notice and Order to abate was posted on the above-referenced property for a vacant property in the unincorporated area whose premises contained an unpermitted occupied structure, personal household items, miscellaneous equipment, a tent trailer, plus trash and debris on site. Consistent with requirements of the County Ordinance Code, the Notice was also served on the property owner and all persons known to be in possession of the property by certified mail on December 6, 2017. The property owner did not file an appeal of the Notice and Order to Abate. The County Abatement Officer abated the nuisance on February 12, 2018. The property owner was billed for the actual cost of the abatement and all administrative costs. The bill was sent by first-class mail to the property owner on February 21, 2018. The property owner did not pay the bill within 45 days of the date of mailing. Notice of this Cost Hearing was sent to the property owner by certified mail by the Clerk of the Board. For proof of service, see Clerk of the Board at 651 Pine Street, Room 106, Martinez, CA. CONSEQUENCE OF NEGATIVE ACTION: If not approved, the County will not be able to recover costs for abatement on code violations for this property. CHILDREN'S IMPACT STATEMENT: ATTACHMENTS Itemized Abatements Before and After Photos November 13, 2018 CCC BOS Minutes 20 CONTRA COSTA COUNTY DATE: October 17, 2018 TO: Clerk of the Board FROM: Department of Conservation & Development By: Andrew Gomer, Building Inspector I RE: Itemized Report of Abatement Costs The following is an itemized report of the costs of abatement for the below described property pursuant to C.C.C. Ord. Code ' 14-6.428. OWNER: James and Corinea Ray POSSESSOR: N/A MORTGAGE HOLDER: N/A ABATEMENT ORDERED DATE: December 6, 2017 ABATEMENT COMPLETED DATE: February 12, 2018 SITE ADDRESS: 1620 6th Street, Richmond, CA APN#: 409-291-008 PROPERTY DESCRIPTION: Residential AMOUNT OF ABATEMENT COSTS (CCC ORDINANCE CODE 14-6.428) ITEM EXPLANATION COST Notice to Comply (include first 2 inspections) $ 250.00 Site Visits (6 x @ $100) $ 600.00 Recording Fee $ 14.00 PIRT (Title Search) $ 150.00 Certified Letter & Regular Mailings $ 6.48 Photos $ 20.00 Contractor hired for abatement $ 1897.50 Final Site Inspection to Confirm Compliance 200.00 Compliance Report and Board Hearing $ 200.00 Total $ 3337.98 Abatement costs can be paid at or mailed to Department of Conservation and Development, Building Inspection Division, 30 Muir Rd., Martinez, CA 94553. November 13, 2018 CCC BOS Minutes 21 1920 6th Street Richmond, CA Before Photos November 13, 2018 CCC BOS Minutes 22 November 13, 2018 CCC BOS Minutes 23 November 13, 2018 CCC BOS Minutes 24 1920 6th Street Richmond, CA After Photos November 13, 2018 CCC BOS Minutes 25 November 13, 2018 CCC BOS Minutes 26 November 13, 2018 CCC BOS Minutes 27 RECOMMENDATION(S): PROVIDE direction to staff on the process to select applicants for certain types of commercial cannabis establishments that have a cap on the number of land use permits that may be issued. FISCAL IMPACT: Staff costs to develop selection process are included in the Department's budget and paid for out of the Land Development Fund. The cost of reviewing future applications will be paid by applicants. BACKGROUND: This item is being presented to the Board in order to obtain preliminary guidance on the establishment of a selection process to determine which prospective applicants to invite to apply for a land use permit for one of the three categories of commercial cannabis businesses subject to a cap. On June 26, 2018 the Board adopted the County Cannabis Ordinance which provides for the regulation and establishment of commercial cannabis uses including testing, distribution, delivery, cultivation and retail sales. The ordinance became effective 30 days after adoption by the Board, but will not become operative until voter approval of the County's cannabis tax measure (Measure R) is certified. The most recent published tally of the vote shows more than 72% of the electorate voted in favor of the measure. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/13/2018 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS Contact: Ruben Hernandez, 925-674-7785 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 13, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: , Deputy cc: D.4 To:Board of Supervisors From:John Kopchik, Director, Conservation & Development Department Date:November 13, 2018 Contra Costa County Subject:Preliminary Board Direction on Process for Selecting Applicants to Apply for Limited Commercial Cannabis Permits November 13, 2018 CCC BOS Minutes 28 BACKGROUND: (CONT'D) The ordinance requires approval of a land use permit for all commercial cannabis uses. In addition to requiring a land use permit, the ordinance also places a cap on the number of retail storefront permits at four (4), commercial cultivation permits at ten (10) and permits for manufacturing in an agricultural zone at two (2). For the uses subject to a cap, the ordinance requires the establishment of a solicitation and selection process for identifying the best proposals for processing of a land use permit for one or more of the capped permits. Per the ordinance, the solicitation and selection process is subject to Board review and approval. Staff is in the process of developing a detailed Request for Proposals document for review by the Board in December, but would appreciate receiving initial guidance from the Board now on key features of the selection process. Staff has included as part of this Board Order copies of the cannabis selection Request for Proposal (RFP) packets for other jurisdictions, including Alameda County and the Cities of Benicia, Hayward, Alameda and Emeryville. In addition to the RFP packets from other jurisdictions, a table comparing the approaches used by other jurisdictions for selecting limited cannabis permits has been attached for review. The table can be used by the Board to understand in very broad terms the selection process utilized by other jurisdictions specifically in terms of the body responsible for final selection of proposals, the group responsible for review and scoring of the proposals, the appeal process, whether jurisdictions require a Letter of Intent and the general scoring criteria used. Regarding the concept of requiring applicants to submit a Letter of Intent prior to a full proposal, this approach would enable the County to waive the need for a full proposal and a selection process if the number of interested parties is less than the cap. It may also enable early screening of fatally-flawed concept proposals, saving applicants time and money. However, it could add time to the overall selection process. The bottom row of the table identifies staff's recommendations for the County's selection process. The table was shared with all of the other County departments involved in preparation of the Cannabis Ordinance and incorporates any comments received. Staff also prepared a draft timeline showing major milestones in the cannabis permitting process. Two versions are shown; one for permit types that are subject to the RFP and one for those that aren't. Staff is requesting input from the Board on the recommendations provided in the comparison table with regards to the selection body, the review panel, the appeal process, Letter of Intent component and the general categories considered when scoring proposals. CONSEQUENCE OF NEGATIVE ACTION: Staff will not have guidance on preparing a selection process for commercial cannabis businesses subject to a cap on the number of permits. CLERK'S ADDENDUM Speakers:   Greg Kremenliev, NORML; Ashley Bargenquast, Tully & Weiss Attorneys at Law; Jim Gonzalez, resident of Sacramento; John Thiella, resident of Richmond; Israel Martinez, resident of Brentwood; Oscar Burrola Jr., resident of Brentwood; Larry Johnson, U.S. Four Gods Management; Kevin Yao, resident of Antioch; Nate Landau, Showtill; John Kinikin, U.S. Four Gods Management. The Board Agreed with the recommendations presented by staff today in the Comparison of November 13, 2018 CCC BOS Minutes 29 Approaches table (attached): The Board will be the selection body; The review panel for applications would be an interdepartmental committee composed from Conservation and Development, County Administrators Office, Health, Agriculture, and Fire Protection District;  Denial of Request for Proposal has no appeal;  A Letter of Intent will be required;  The scoring criteria will include: business plan, community benefits, economic benefits, location/equitable geographic distribution, odor control, oral interview/site visit, qualifications/operating plan, security plan, social equity, sustainability measures.  ATTACHMENTS Comparison of Approaches Used to Select Applicants for Limited Cannabis Permits Draft Estimated Timeline for Issuance of Cannabis Permits Alameda County Dispensary RFP Benicia RFP Hayward RFP City of Alameda RFP Emeryville RFQ November 13, 2018 CCC BOS Minutes 30 Comparison of Approaches Used to Select Applicants for Limited Cannabis Permits SELECTION BODY REVIEW PANEL APPEAL PROCESS LETTER OF INTENT PRIOR TO SUBMITTING PROPOSAL SCORING CRITERIA (Major Categories) Alameda County Planning Director Alameda “County Selection Committee” consisting of County Planning Director, Director of Environmental Health, Commander from Sheriff’s Office RFP appeals are heard in public by a panel consisting of one or more representatives of the county administrator, community development agency, health care services agency, and the sheriff. No Letter of Intent Process  Community Benefit  Environmental Considerations  Local Commitment  Mitigation of Potential Impacts  Operating Plan  Oral Interview/Site Visit  Security Plan  Site and Design Benicia Planning Commission Five person review committee selected by City Manager No specific RFP appeal process provided No Letter of Intent Process  Air Quality Plan  Business Plan  Community Benefits  Enhanced Product Safety  Environmental Benefits  Labor and Employment  Local Enterprise  Neighborhood Compatibility and Plan  Proposed Location and Design  Qualifications of Owners  Safety and Security Plan Hayward City Council 3rd party consultant and City Manager or designees No specific RFP appeal process provided “Letter of Intent” Email Requirement  Business Plan and Operation  Community Benefits Proposal  Environmental Plan  Labor and Employment Practices  Management Experience  Product Testing and Safety  Safety and Security Plan City of Alameda RFP Panel Technical support panelist (non- voting), real estate/property management panelist, finance panelist, health panelist, Planning panelist and panelist from other City department not related to cannabis Appeals of RFP process are heard by the City Attorney Letter of Intent Required  Community benefits  Financial resources  Local hire  Local ownership  Proposed schedule  Statement of Qualifications  Understanding and approach to running the cannabis business Emeryville City Council Representatives from applicable City departments No specific RFP appeal process provided No Letter of Intent Process  Business Plan  Community Benefits  Good Neighbor  Security Plan  Type of Cannabis Contra Costa County (Staff Recommendation) Board of Supervisors Interdepartmental Committee makes recommendation to Board of Supervisors:  Conservation and Development  County Administrators Office  Health  Agriculture No appeal Letter of Intent Required  Business Plan  Community Benefits  Economic Benefits  Location/Equitable Geographic Distribution  Odor Control  Oral Interview/Site Visit  Qualifications/Operating Plan  Security Plan  Social Equity  Sustainability Measures November 13, 2018 CCC BOS Minutes 31 DRAFT ESTIMATED TIMELINE FOR ISSUANCE OF CANNABIS PERMITS* (11-13-2018) SUBJECT TO RFP NOT SUBJECT TO RFP (storefronts, cultivation & manufacturing in Ag Zones) (all other commercial uses) DATE MAJOR MILESTONE S DATE MAJOR MILESTONE S November 13, 2018 Initial Board direction on selection criteria Nov / Dec 2018 Election certified. Regulatory ordinances become operative. December 18, 2018 Board review and approval of final selection process and Request For Proposals (RFP) document December 2018 Applications for cannabis Land Use Permits (LUP) for non-RFP uses can be submitted Early January 2019 RFP issued January – June 2019 Application reviewed for completeness then evaluated generally, input collected from affected agencies/MACs, CEQA, permit conditions developed, hearing before Zoning Administrator & land use permit issued. Appeals to Pl anning Commission and Board would add time. End of January 2019 Letter of Intent Due (if # interested and qualified is less than cap, all interested parties would be invited to submit land use permit application without completing full proposal) June 2019 Land use permit issued (best-case scenario assuming a complete application comes in almost immediately). End of February Full proposals due July 2019 State license issued (assumes applying and processing on parallel track with State) March to May 2019 Interdepa rtmental team reviews proposals and conducts interviews and site visits. August 2019 Contra Costa County Health permit issued (assumes applying and processing on parallel track with Environmental Health) End of May 2019 Invite selected applicants to submit applications for land use permits (many items required for application would already be in hand as part of response to RFP) June to October 2019 Application reviewed for completeness then evaluated generally, input collected from affected agencies/MACs, CEQA, permit conditions developed, hearing before Zoning Administrator & land use permit issued. Appeals to Planning Commission and Board would add time. November 2019 State license issued (assumes applying and processing on parallel track with State) December 2019 Contra Costa County Health permit issued (assumes applying and processing on parallel track with Environmental Health) *Date estimates are close to best-case scenario and assumes complete applications are submitted promptly. This schedule assumes staff and applicant turn around are extremely rapid. November 13, 2018 CCC BOS Minutes 32 ALAMEDA COUNTY COMMUNITY DEVELOPMENT AGENCY P L A N N I N G D E P A R T M E N T COUNTY OF ALAMEDA REQUEST FOR PROPOSAL For East County Medical Cannabis Dispensary Operator Permits (“MCDOP”) For complete information regarding this project, see RFP posted at https://www.acgov.org/cda/planning/landuseprojects/medical-cannabis.htm or contact the County representative listed below. Contact Person: Liz McElligott, Assistant Planning Director Phone Number: (510) 670-5400 E-mail Address: elizabeth.mcelligott@acgov.org RESPONSE DUE by 5:00 p.m. on 13th November 2017 at Alameda County, CDA-Planning 224 West Winton Avenue, Suite 111 Hayward, CA 94544 Alameda County is committed to reducing environmental impacts across our entire supply chain. If printing this document, please print only what you need, print double-sided, and use recycled- content paper. November 13, 2018 CCC BOS Minutes 33 COUNTY OF ALAMEDA REQUEST FOR PROPOSAL for East County Medical Cannabis Dispensary Operator Permits (“MCDOP”) TABLE OF CONTENTS Page I. DISPENSARY PERMIT PROCESS OVERVIEW ............................................................................. 4 A. INTENT ................................................................................................................................. 4 B. BACKGROUND ..................................................................................................................... 4 II. CALENDAR OF EVENTS ........................................................................................................... 5 III. PRE-APPLICATION PROCESS ................................................................................................... 6 A. APPLICANT INFORMATION SESSIONS ................................................................................. 6 B. RFP ADDENDUM (RESPONSE TO QUESTIONS) .................................................................... 6 C. APPLICANT AND EMPLOYEE INFORMATION ....................................................................... 7 IV. APPLICATION REVIEW AND EVALUATION PROCESS ................................................................ 8 A. INITIAL APPLICATION EVALUATION ..................................................................................... 8 B. FINAL APPLICATION EVALUATION ..................................................................................... 11 C. NOTICE OF INTENTION TO GRANT .................................................................................... 18 D. GRANT OF PERMIT(S) ........................................................................................................ 19 E. FEES .................................................................................................................................... 20 V. INSTRUCTIONS TO APPLICANTS ........................................................................................... 20 A. COUNTY CONTACTS ........................................................................................................... 20 B. SUBMITTAL OF APPLICATIONS .......................................................................................... 21 C. RESPONSE FORMAT ........................................................................................................... 23 ATTACHMENTS EXHIBIT A – APPLICATION RESPONSE PACKET EXHIBIT B - SITE, APPLICANT AND EMPLOYEE INFORMATION November 13, 2018 CCC BOS Minutes 34 Solicitation of Applications for East County Medical Cannabis Dispensary Operator Permits (MCDOP) East County MCDOP RFP 2017 Page 4 I. DISPENSARY PERMIT PROCESS OVERVIEW A. INTENT Thank you for your interest in applying for an East County Medical Cannabis Dispensary Operator Permit (“Permit”) pursuant to Chapter 6.108 of the Alameda County Ordinance Code (“Ordinance Code”). This Request for Proposals (“RFP”) outlines the process for solicitation of permit applications (“Applications”) and selection of the Applicants who will be granted Permits. The County intends to grant a maximum of two (2) Permits in the East County to the Applicants whose responses conform to the RFP, meet the County’s requirements, and are ranked highest in the competitive selection process described below. This Permit is the first of two permits required to operate a commercial medical cannabis dispensary in the Unincorporated Area of Alameda County. The successful Applicants will be offered a Permit, subject to specified operating conditions and standard conditions. Each Permit shall expire two (2) years after the date of its issuance. If the Applicant(s) certify acceptance of the operating conditions and standard conditions of the Permit, the Applicant(s) will be eligible to apply for a Conditional Use Permit (“CUP”) for a cannabis dispensary pursuant to Title 17 of the Alameda County General Ordinance Code (“Zoning Ordinance”). A Medical Cannabis Dispensary Operator Permit (MCDOP) and a Conditional Use Permit (CUP) must be obtained prior to commencement of operation of a medical cannabis dispensary. B. BACKGROUND On September 12, 2017, the Alameda County Board of Supervisors approved an ordinance adding Chapter 6.108 to the Ordinance Code and an ordinance introducing amendments to Sections 17.04.010, 17.06.040, 17.38.030, and 17.40.030 of the Zoning Ordinance to authorize and regulate medical cannabis dispensaries in the Unincorporated Area of the County. Chapter 6.108 of the Ordinance Code allows for the approval of up to two (2) Permits for medical cannabis dispensaries in the East County subject to the processes and relevant considerations for application, review, and selection of Permits detailed in Sections 6.108.030 to 6.108.060 and 6.108.090 to 6.108.120 of Chapter 6.108. The purpose of the program permitted under these sections is to allow for the dispensing of medical cannabis in appropriate locations to help ensure that medical cannabis will be available to patients in need of it while preserving the character, health and safety of the surrounding area. November 13, 2018 CCC BOS Minutes 35 Solicitation of Applications for East County Medical Cannabis Dispensary Operator Permits (MCDOP) East County MCDOP RFP 2017 Page 5 Chapter 6.108 of the Ordinance Code identifies several decision-making and administrative processes which are required to be conducted by the Director of the Community Development Agency (“CDA”) or his designee. For the purposes of permitting medical cannabis dispensaries, the CDA Director has designated the Planning Director as his designee. II. CALENDAR OF EVENTS EVENT DATE/LOCATION County post Request for Proposals (RFP) 16th October 2017 Applicant Information Session #1 18th October 2017 @ 2:00 p.m at: Martinelli Center, Executive Conference Room, 3585 Greenville Road, Livermore, CA 94550 Applicant Information Session #2 19th October 2017 @ 10:00 a.m at: Alameda County Public Works Building Auditorium, First Floor 399 Elmhurst Street, Hayward, CA 94544 Applicants submit Written Questions to the County by email by 5:00 p.m. on 23rd October 2017 Last date for Applicants to submit Exhibit B – Site, Applicant and Employment Information to the County by email for verification and background checks by the Sheriff by 5:00 p.m on 27th October 2017 County post RFP Addendum (Response to Questions) by 27th October 2017 Applicants submit Application (Exhibit A – Application Response Packet) and pay Application Fee by 5:00 p.m on 13th November 2017 Initial Evaluation Period 13th November to 17th November 2017 County notify Applicants outcome of Initial Evaluation by 17th November 2017 Last date for successful Applicants to pay Final Selection Fee by 5:00 p.m. on 28th November 2017 Last date for Applicants notified of incomplete or incorrect applications to amend and refile Application by the earlier of 10 days from the date Notice of Rejection issued or by 5:00 p.m on 27th November 2017 November 13, 2018 CCC BOS Minutes 36 Solicitation of Applications for East County Medical Cannabis Dispensary Operator Permits (MCDOP) East County MCDOP RFP 2017 Page 6 Final Evaluation Period 20th November to 14th December 2017 Applicant Interview Period 4th December to 14th December 2017 County issue Notice of Intention to Grant to highest ranked Applicants 15th December 2017 Last date for Applicant to accept or appeal Operating Conditions contained in Notice of Intention to Grant and pay Permit Issuance Fee by 5:00 p.m. on 28th December 2017 County issue Permits When Applicant certifies acceptance of Operating Conditions and Permit Issuance Fee has been paid Note: The dates in the above Calendar of Events are subject to amendment by the County if required as the process progresses. III. PRE-APPLICATION PROCESS A. APPLICANT INFORMATION SESSIONS Applicants are strongly encouraged, but not required, to attend either one of the two Applicant Information Sessions identified in the Calendar of Events. The Applicant Information Sessions will:  Provide the County with an opportunity to present more detail about the RFP and Selection Process; and  Provide an opportunity for Applicants to ask specific questions about the permitting process and requirements and request RFP clarification. If you require further information regarding information session arrangements or have any difficulty locating the meeting room, please contact Maria Palmeri (details below): Maria Palmeri Alameda County Planning Department 224 W. Winton Avenue, Rm 111, Hayward, CA 94544 E-Mail: maria.palmeri@acgov.org PHONE: (510) 670-5421 B. RFP ADDENDUM (RESPONSE TO QUESTIONS) Following the Applicant Information Sessions, Applicants have the opportunity to submit in writing to the County any questions of clarification regarding the RFP. Questions are required to be submitted by email to elizabeth.mcelligott@acgov.org by the due date for Written Questions specified in the Calendar of Events. November 13, 2018 CCC BOS Minutes 37 Solicitation of Applications for East County Medical Cannabis Dispensary Operator Permits (MCDOP) East County MCDOP RFP 2017 Page 7 The County will issue an RFP Addendum which will be posted on the County website following the Applicant Information Sessions. The RFP Addendum will address all relevant questions:  Raised in the Application Information Sessions; and  Submitted by email to elizabeth.mcelligott@acgov.org by the due date for Written Questions specified in the Calendar of Events. C. APPLICANT AND EMPLOYEE INFORMATION Prior to submitting the Application, Applicants are required to complete Exhibit B - Site, Applicant and Employee Information and submit it by email to elizabeth.mcelligott@acgov.org by the date specified in the Calendar of Events. The information in Exhibit B is required to enable the Sheriff’s Office to verify the information required under Ordinance Code Section 6.108.060.A.1-10 and Section 6.108.100.A.4, including the requirements that:  The Applicant must be eighteen (18) years of age or older;  A background check is required for every owner, manager, supervisor and employee specified in the Application; and  No person convicted of a felony within the past three years may be actively engaged in the dispensary operation (Alameda County Ordinance Code Section 6.108.100.A.4). A conviction means a plea or verdict of guilty or a conviction following a plea of nolo contendere. Individuals with a drug violation which was reclassified from a felony to a misdemeanor by Proposition 47 must have taken the necessary action to have their violation reclassified to prevent it from appearing as a felony on the background check. In addition to submitting Exhibit B - Site, Applicant and Employee Information to CDA-Planning by email, the specified personnel identified in Exhibit B will be required to attend the County Sheriff’s Office to complete a background check. Applicants should contact the County Sheriff’s Office at (510) 667-3620 or by email at acsopermits@acgov.org as soon as possible to schedule an appointment for each person to submit the required information for a background check, to be fingerprinted and to be photographed for identification purposes. A fee of $57.00 per person must be paid at the time of the appointment to cover the cost of the fingerprinting. November 13, 2018 CCC BOS Minutes 38 Solicitation of Applications for East County Medical Cannabis Dispensary Operator Permits (MCDOP) East County MCDOP RFP 2017 Page 8 IV. APPLICATION REVIEW AND EVALUATION PROCESS A. INITIAL APPLICATION EVALUATION 1. Initial Review: Applicants are required to complete the Application Response Packet provided in Exhibit A. After the County receives an Application, the Initial Application Evaluation will begin, using the criteria outlined in Table A below. During the Initial Application Evaluation, the following County agencies will review and comment on specific portions of the Application (Ordinance Code Section 6.108.090.A):  The Sheriff will be responsible for verifying the factual information in the Application, including names, addresses and other information on the Applicant and employees of the proposed dispensary, as required in Ordinance Code Section 6.108.060.A.1-10.  The Sheriff will comment on the adequacy of security measures that are described in the application, the security plan, the floor plan, and other relevant aspects of the Application.  The Community Development Agency will comment on: o The requirement that no permit shall be issued for a dispensary within five miles of another dispensary in the area shown in Exhibit B (East County) or within one mile of a permitted dispensary location in an incorporated city (Ordinance Code Section 6.108.030.D.2); o The requirements that:  No dispensary may be closer than one thousand (1,000) feet from any other dispensary (Ordinance Code Section 6.108.030.E.1);  No dispensary may be closer than one thousand (1,000) feet from any school, any licensed child or day care facility, public park or playground, drug recovery facility or recreation center (Ordinance Code Section 6.108.030.E.2); and  No dispensary shall be located in a residential zone or its equivalent (Ordinance Code Section 6.108.030.E.3); o The general responsiveness to the solicitation process in Ordinance Code Section 6.108.050; o The proposed location’s compliance with zoning regulations; o The conditions that are needed to mitigate adverse impacts on surrounding uses. November 13, 2018 CCC BOS Minutes 39 Solicitation of Applications for East County Medical Cannabis Dispensary Operator Permits (MCDOP) East County MCDOP RFP 2017 Page 9  The Health Care Services Agency will comment on the services to be provided and the mission statement set forth in the Application.  The Environmental Health Department will comment upon the application’s compliance with the requirements of Section 6.108.190. 2. Application Completeness : After the Initial Application Evaluation, the Planning Director will reject any Application that has been deemed to be improperly completed or incomplete, and will notify the Applicant of the rejection. The Applicant may amend and refile the application within 10 days after receiving notification from the Planning Director. If an Amended Application is not received within 10 days of notification or if the Amended Application is still deemed to be improperly completed or incomplete, the Application will receive no further consideration. (Ordinance Code Section 6.108.090.B) 3. Completion of the Initial Review: Upon completion of the Initial Application Evaluation, the Planning Director will reject any Application that meets any of the following criteria (Ordinance Code Section 6.108.100.A):  The proposed dispensary does not comply with requirements of Chapter 6.108 of the Ordinance Code.  The Applicant has knowingly made a false statement of material fact or has knowingly omitted a material fact from the Application.  The operation of the proposed dispensary at the proposed location is prohibited by any state or local law or regulation.  Any person who is listed on the Application pursuant to subsection (A)(10) of Section 6.108.060 has been convicted of a felony within the past three (3) years. A conviction within the meaning of this section means a plea or verdict of guilty or a conviction following a plea of nolo contendere.  The Applicant or operator listed in the Application is less than eighteen (18) years of age.  The Health Care Services Agency has determined that the application for a dispensary has failed to state a health care purpose that fulfills the purposes of Section 11362.5 et seq. of the California Health and Safety Code. 4. Determination of Eligible Applications: Any Application that is not rejected upon completion of the Initial Application Evaluation will be deemed an Eligible Application and will be submitted to the Final Application Evaluation phase of the solicitation process. At the conclusion of the Initial Application Evaluation, the Planning Director will notify each Applicant of the results of the Initial Application Evaluation of their Application. All November 13, 2018 CCC BOS Minutes 40 Solicitation of Applications for East County Medical Cannabis Dispensary Operator Permits (MCDOP) East County MCDOP RFP 2017 Page 10 Applications that pass the Initial Application Evaluation will be submitted to the County Selection Committee (“CSC”) for Final Application Evaluation. 5. Initial Evaluation Criteria: The Initial Evaluation Criteria, which will be determined on a Pass/ Fail basis, are as follows. TABLE A INITIAL EVALUATION CRITERIA Evaluation Criteria Evaluation Measure A. Background Check: If any person listed on the Application as an owner, manager, supervisor or employee for the proposed dispensary fails to pass a background check, the Application will be rated a Fail in the Evaluation Criteria and will receive no further consideration. Pass/ Fail B. Completeness of Application: An Applicant must amend and refile an Application within 10 days after receiving notification that the application has been deemed by the Planning Director to be improperly completed or incomplete (Ordinance Code Section 6.108.090.B). If an Amended Application is not received within 10 days of notification or if the Amended Application is still deemed to be improperly completed or incomplete, the Application will be rated a Fail in the Evaluation Criteria and will receive no further consideration. Pass/Fail C. Compliance with Ordinance Code Section 6.108.100.A: Any Application that meets any of the criteria in Section 6.108.100.A. of the Ordinance Code will be rated a Fail in the Evaluation Criteria and will receive no further consideration. Assessment of compliance with the requirements of Chapter 6.108 includes consideration of the following requirements in Section 6.108.030.D.2 and 6.108.035.E.1-3:  The proposed dispensary site must be within the East County, as shown on the map contained in Exhibit B of Chapter 6.108 of the Ordinance Code. Pass/Fail November 13, 2018 CCC BOS Minutes 41 Solicitation of Applications for East County Medical Cannabis Dispensary Operator Permits (MCDOP) East County MCDOP RFP 2017 Page 11  No permit shall be issued for a dispensary within: o five (5) miles* of another dispensary in the unincorporated area shown in Exhibit B of Chapter 6.108 (East County); or o one (1) mile of a permitted dispensary location in an incorporated city.  Each dispensary shall comply with the zoning requirements in the Zoning Ordinance, the Alameda County General Plan and any Specific Plan applicable to the location of the dispensary, and shall meet all of the following locational standards: o No dispensary may be closer than one thousand (1,000) feet from any school, any licensed child or day care facility, public park or playground, drug recovery facility or recreation center. o No dispensary shall be located in a residential zone or its equivalent. *Because compliance with the 5-mile spacing requirement cannot be evaluated in advance, confirmation of compliance with this requirement will be deferred until after the Applications are scored in the Final Evaluation Process. B. FINAL APPLICATION EVALUATION 1. Final Selection Process: The Final Application Evaluation phase of the solicitation process will include selection from the eligible Applications and the establishment of Operating Conditions for any permits issued to the selected eligible Applicants. The County’s goal is to grant Permits to the Applicants that represent the best quality applications as determined by the combined weight of the evaluation criteria. The County intends to grant up to two (2) Permit(s):  If the number of eligible applications is the same as or less than two (2), then all eligible Applications will be submitted for establishment of Operating Conditions.  If the number of eligible applications exceeds two (2), then a competitive evaluation process will be conducted in which Applicants are scored and ranked with the Planning Director recommending issuance of a Permit to the highest ranked, eligible applicants that meet the spacing requirements of Section 6.108.030.D.2. November 13, 2018 CCC BOS Minutes 42 Solicitation of Applications for East County Medical Cannabis Dispensary Operator Permits (MCDOP) East County MCDOP RFP 2017 Page 12  If the proposed locations of the two highest ranked Applications are within 5 miles of one another, the highest ranked Applicant will be submitted for establishment of Operating Conditions and the second highest ranked application will be deemed ineligible due to failure to comply with the spacing requirement (see Table A, Section C). The Director may then recommend issuance of the second permit to the next highest ranked, eligible applicant(s). Note that Applicants wishing to propose more than one location must submit complete, separate applications for each proposed location. Each Application will be evaluated separately. (Ordinance Code Section 6.108.110) 2. County Selection Committee (“CSC”): If the number of Eligible Applications exceeds two (2), the CSC will evaluate and score each eligible application in accordance with the Final Evaluation Criteria set forth below in Table B. The CSC will be composed of County staff comprising representatives of the Planning Department, the Environmental Health Department and the Sheriff’s Office. The evaluation of the Applications shall be within the sole judgment and discretion of the CSC. All contact during the evaluation phase shall be through CDA-Planning staff only. Applicants shall neither contact nor lobby evaluators during the evaluation process. Attempts by any Applicant to contact and/or influence members of the CSC may result in disqualification of the Applicant. 3. Assessment of Final Evaluation Criteria: Each of the Final Evaluation Criteria below will be used in ranking and determining the quality of Applications. Applications will be evaluated according to each Final Evaluation Criteria, and scored on the zero to five-point scale outlined below. The scores for all Final Evaluation Criteria will then be added, according to their assigned weight (below), to arrive at a weighted score for each proposal. An Application with a high weighted total will be deemed of higher quality than an Application with a lesser-weighted total. The final maximum score for any project is 550 points, including the local agricultural community commitment points (maximum 10% of final score). The Final Evaluation Process may include a two-stage approach comprising an evaluation of the written application and preliminary scoring (Stage 1) to develop a short list of Applicants that will continue to the final stage of oral interviews and site visits (Stage 2). The preliminary scoring will be based on the total points, excluding points allocated to the oral interview and site visit. If the two-stage approach is used, up to eight Applicants receiving the highest preliminary scores and with at least 200 points will be invited to an oral interview and asked to host a site visit. All other Applicants will be deemed eliminated from the process at this point. November 13, 2018 CCC BOS Minutes 43 Solicitation of Applications for East County Medical Cannabis Dispensary Operator Permits (MCDOP) East County MCDOP RFP 2017 Page 13 All Applicants will be notified of the short list; however, the preliminary scores at that time will not be communicated. The zero to five-point scale range is defined as follows: 0 Not Acceptable Non-responsive, fails to meet RFP specification. The application has no probability of success. If a mandatory requirement this score will result in disqualification of proposal. 1 Poor Below average, falls short of expectations, is substandard to that which is the average or expected norm, has a low probability of success in achieving objectives per RFP. 2 Fair Has a reasonable probability of success, however, some objectives may not be met. 3 Average Acceptable, achieves all objectives in a reasonable fashion per RFP specification. This will be the baseline score for each item with adjustments based on interpretation of proposal by CSC members. 4 Above Average / Good Very good probability of success, better than that which is average or expected as the norm. Achieves all objectives per RFP requirements and expectations. 5 Excellent / Exceptional Exceeds expectations, very innovative, clearly superior to that which is average or expected as the norm. Excellent probability of success and in achieving all objectives and meeting RFP specification. November 13, 2018 CCC BOS Minutes 44 Solicitation of Applications for East County Medical Cannabis Dispensary Operator Permits (MCDOP) East County MCDOP RFP 2017 Page 14 4. Final Evaluation Criteria: The Final Evaluation Criteria and their respective weights are as follows: TABLE B FINAL EVALUATION CRITERIA – STAGE 1 Evaluation Criteria Weight A. Security Plan (Ordinance Code Section 6.108.060.A.11): An adequate Security Plan must contain a detailed description of the proposed security arrangements for ensuring the safety of persons from theft and robbery and protection of the premises from theft and burglary. The Security Plan must:  be submitted for review by the Sheriff;  include a lighting plan showing existing and proposed exterior premises and interior lighting levels;  include alarms and security surveillance cameras;  demonstrate that security video shall be maintained for 30 business days and shall be made available to the Sheriff upon request. The video system for security cameras must be located in a locked, tamper-proof compartment. A professionally monitored robbery alarm system shall be installed and maintained in good working condition; and  include the provision of a suitable locked safe on the premises for after-hours storage of medical cannabis. In evaluating this criterion, the CSC will have regard to the comments of the Sheriff (Section 6.108.090.A.2). 20 Points B. Appropriateness of Site and Design of Proposed Facility (Ordinance Code Section 6.108.060.A.12&13 and 17.06.040, 17.38.030 and 17.40.030, as applicable): The proposed dispensary site:  conforms with all applicable zoning requirements,  is consistent with the setbacks required in Sections 20 Points November 13, 2018 CCC BOS Minutes 45 Solicitation of Applications for East County Medical Cannabis Dispensary Operator Permits (MCDOP) East County MCDOP RFP 2017 Page 15 6.108.030.D.2 and 6.108.030.E of the County General Code,  provides adequate car parking;  provides adequate customer access from a county road, and through proximity to population centers,  is consistent with the Floor Area Ratio restrictions in Measure D, included in the land use description section of the East County Area Plan (ECAP), and  minimizes visual impacts with appropriate measures, including fencing and screening. In evaluating this criterion, the CSC will have regard to the comments of the Community Development Agency in relation to the proposed location’s compliance with zoning regulations (Section 6.108.090.A.3). C. Operating Plan (General Code Section 6.108.060.A.21): The Operating Plan must specifically describe how the dispensary will operate consistent with state and local law, including but not limited to:  the minimum staffing levels for operation of the dispensary;  policies and procedures for record keeping;  specific details of the dispensary’s track and trace program;  specific details of the dispensary’s product testing;  specific details of the dispensary’s proposed odor absorbing ventilation and exhaust systems;  other relevant information regarding the operation of the proposed dispensary; and  a copy of the dispensary’s labor peace agreement when the dispensary is required by California Business & Professions Code Section 26051.5 to enter into or abide by a labor peace agreement. If the operation of the dispensary is proposed to include the sale of edibles, the Operating Plan must include a description of how the dispensary will achieve compliance 20 Points November 13, 2018 CCC BOS Minutes 46 Solicitation of Applications for East County Medical Cannabis Dispensary Operator Permits (MCDOP) East County MCDOP RFP 2017 Page 16 with the requirements for the packaging and labelling of edibles in Ordinance Code Section 6.108.190.B. In evaluating compliance with Ordinance Code Section 6.108.190, the CSC will have regard to the comments of the Department of Environmental Health (Section 6.108.090.A.2). D. Mitigation of Potential impacts (Ordinance Code Section 6.108.060.A.16): The Application must include a description of the methods by which the applicant will mitigate any potentially adverse impacts, such as loitering, traffic, light, odors or noise, on surrounding property owners. The dispensary shall be designed to provide sufficient odor absorbing ventilation and exhaust systems so that any odor generated inside the dispensary is not detected outside the building in which it operates, on adjacent public rights-of- way or within other units located within the same building as the dispensary if it occupies only a portion of the building. In evaluating this criterion, the CSC will have regard to the comments of the Community Development Agency in relation to the conditions that are needed to mitigate adverse impacts on surrounding uses (Ordinance Code Section 6.106.090.A.3). 10 Points E. Environmental Considerations The Application must describe any proposed "green" business practices relating to energy and climate, water conservation, and materials and waste management. Examples of “green” practices could include energy efficiency and renewable energy, the use of green building measures, and conservation and recycling/re-use programs, among others. 5 Points F. Community Benefit: Applicants must provide a description of a proposed Community Benefits Program. Examples of benefits could include, but are not limited to, supporting or funding community programs, employment 5 Points November 13, 2018 CCC BOS Minutes 47 Solicitation of Applications for East County Medical Cannabis Dispensary Operator Permits (MCDOP) East County MCDOP RFP 2017 Page 17 and job training programs, local substance abuse, cannabis youth education, or domestic violence programs, or other activities that benefit the residents of the County. FINAL EVALUATION CRITERIA – STAGE 2 (OPTIONAL) G. Oral Interview: The oral interview on the Application shall not exceed 60 minutes. The oral interview may include responding to standard and specific questions from the CSC regarding the Application. 10 Points H. Site Visit: The CSC may arrange an inspection of the site to enable the CSC to review the Application having regard to relevant site features and constraints. 10 Points LOCAL AGRICULTURAL COMMUNITY COMMITMENT I. Local Commitment: Points equaling up to ten percent of the Applicant’s total score for the above Final Evaluation Criteria (Stage 1 + Stage 2) will be added based on the extent to which the Applicant(s) demonstrate an historic and/or a long-term commitment to improving the local agricultural community. Ten Percent (10%) Note: The assessment based on the Final Selection Criteria will be the Applicant’s final score for the purposes of grant evaluation. 5. CSC Recommendations: Applications will be evaluated by the CSC and ranked in accordance with the Final Evaluation Criteria. The CSC will recommend the grant of a Permit to the Applicant(s) who, in its opinion, has submitted the Application that attains the highest overall point score. On receiving the CSC’s recommendations, the Planning Director shall recommend issuance of a Permit(s) to the highest ranked, eligible applicants, that meet the spacing requirements of Section 6.108.030.D.2 (as discussed more fully in Sections IV.A.5 and IV.B.1 above), subject to Operating Conditions. 6. Operating Conditions: Prior to issuing Notice of Intention to Grant a Permit(s), the Planning Director shall establish Operating Conditions for each Permit (General Code Section 6.108.110.C), in addition to the Standard Conditions contained in Section 6.108.120. The Operating Conditions for each Permit shall: November 13, 2018 CCC BOS Minutes 48 Solicitation of Applications for East County Medical Cannabis Dispensary Operator Permits (MCDOP) East County MCDOP RFP 2017 Page 18 a. Be limited to the conditions necessary to carry out the purpose of Chapter 6.108 and to mitigate specific and foreseeable adverse impacts on properties in the vicinity (General Code Section 6.108.110.C); b. Include the requirement for the Applicant to obtain (General Code Section 6.108.110.E): (1) Any required state permits or licenses for the operation of a dispensary, if and when applicable; and (2) All land use entitlements required to operate a dispensary, if and when applicable. C. NOTICE OF INTENTION TO GRANT 1. At the conclusion of the final selection process, all Applicants will be notified in writing by personal delivery or certified US Mail, postage prepaid, return receipt requested, of the Permit grant recommendations, if any, by CDA-Planning. 2. Successful Applicants will receive a Notice of Intention to Grant, providing the following information: a. Confirmation that the Applicant’s Application was successful and is being recommended for grant of a Permit pursuant to this RFP; b. The Operating Conditions that would attach to the Permit; and c. The name of all Applicant(s) who are being recommended for grant of a Permit pursuant to this RFP. 3. Unsuccessful Applicants will receive notice in writing providing the following information: a. Notification that the Applicant’s Application was unsuccessful; and b. The name of all Applicant(s) who are being recommended for grant of a Permit pursuant to this RFP. 4. An Applicant who has received a Notice of Intention to Grant shall, within ten (10) days after receiving that notice, either (General Code Section 6.108.110.D): a. Certify acceptance of the Operating Conditions, including the standard conditions, of the Permit; or b. Refuse to certify acceptance of the Operating Conditions. November 13, 2018 CCC BOS Minutes 49 Solicitation of Applications for East County Medical Cannabis Dispensary Operator Permits (MCDOP) East County MCDOP RFP 2017 Page 19 D. GRANT OF PERMIT(S) 1. If the Applicant certifies acceptance of the Operating Conditions within ten (10) days, the Permit shall be issued immediately by CDA-Planning. If the Applicant refuses or fails to certify acceptance of the Operating Conditions within ten (10) days, the Application shall be denied. 2. The County reserves the right to reject any or all responses that materially differ from any terms contained in this RFP or from any Exhibits attached hereto, to waive informalities and minor irregularities in responses received, and to provide an opportunity for Applicants to correct minor and immaterial errors contained in their submissions. The decision as to what constitutes a minor irregularity shall be made solely at the discretion of the County. 3. Any Applications that contain false or misleading information may be disqualified by the County. 4. The County reserves the right to grant the Permit(s) to a single or multiple Applicant(s). 5. The RFP specifications, terms, conditions and Exhibits, RFP Addenda and Applicant’s Application, may be incorporated into and made a part of any Permit that may be granted as a result of this RFP. 6. The procedures regarding appeals from administrative determination are provided in Ordinance Code Sections 6.108.130 - 6.108.150. As outlined in the Ordinance, an Applicant may appeal a decision made by the Planning Director that an Application is incomplete, that an Application does not comply with the requirements of Ordinance Code Section 6.108.100, in relation to the establishment or modification of Operating Conditions or the refusal to grant a Permit. The appeal must be filed within 10 days following the issuance of the decision. The appeal will be considered at a public hearing by an Administrative Panel. The Applicant may file an appeal to the Board of Supervisors of the decision of the Administrative Panel within 10 days following the issuance of the decision. The Board of Supervisors will consider the appeal at a public hearing at which the Board may grant or deny the appeal or impose, delete or modify operating conditions of the permit. November 13, 2018 CCC BOS Minutes 50 Solicitation of Applications for East County Medical Cannabis Dispensary Operator Permits (MCDOP) East County MCDOP RFP 2017 Page 20 E. FEES 1. Each Applicant progressing through the stages of the evaluation process pursuant to this RFP will be required to pay the following fees, on the dates specified in the Calendar of Events: a. Application Fee: $8,000; b. Final Selection Fee: $4,000; c. Permit Issuance Fee: $2,000. 2. Applicants should also be aware that if they successfully obtain a Permit pursuant to this RFP, they may also incur further fees pursuant to the following processes: a. Any appeal pursuant to Alameda County General Code Section 6.108.130, pursuant to which the appellant may be liable to bear the County’s reasonable costs associated with an appeal; b. Obtaining a CUP for a dispensary; c. Quarterly monitoring and compliance; and d. A potential future taxation measure, which may be implemented by the County. V. INSTRUCTIONS TO APPLICANTS A. COUNTY CONTACTS CDA-Planning is managing the competitive process for this RFP on behalf of the County. All contact during the competitive process is to be through the CDA Planning Department only, through the contact persons listed below. The evaluation phase of the competitive process shall begin upon receipt of Applications until a Permit(s) has been granted. Applicants shall not contact or lobby evaluators during the evaluation process. Attempts by an Applicant to contact evaluators may result in disqualification of the Applicant. The following website will be the official notification posting place of all Requests for Interest, Proposals, Quotes and Addenda: https://www.acgov.org/cda/planning/landuseprojects/medical-cannabis.htm November 13, 2018 CCC BOS Minutes 51 Solicitation of Applications for East County Medical Cannabis Dispensary Operator Permits (MCDOP) East County MCDOP RFP 2017 Page 21 General Questions Regarding the RFP: Potential Applicants may submit questions regarding ordinance requirements or the contents of this RFP to Planning Department staff by 5:00 p.m. on the due date specified in the Calendar of Events. Responses to all general questions received regarding the RFP or ordinance requirements will be included in the Addendum described above. Please submit general questions to: Liz McElligott, Assistant Planning Director Alameda County Planning Department 224 W. Winton Avenue, Rm 111, Hayward, CA 94544 E-Mail: elizabeth.mcelligott@acgov.org PHONE: (510) 670-5400 Questions Regarding the Zoning of Specific Properties: If you have a question about the zoning designation of a specific property, please contact the County Permit Center either in person at 399 Elmhurst Street, Hayward; or by phone at: (510) 670-5400. Questions Regarding Whether a Specific Property Meets Other Ordinance Requirements: If you have a question about whether a specific property meets other ordinance requirements, please direct those questions to: Rodrigo Orduña, Assistant Planning Director Alameda County Planning Department 224 W. Winton Avenue, Rm 111, Hayward, CA 94544 E-Mail: rodrigo.orduna@acgov.org PHONE: (510) 670-5400 B. SUBMITTAL OF APPLICATIONS 1. All applications must be hand delivered and must be received at the CDA Planning Department of Alameda County by 5:00 p.m. on the due date specified in the Calendar of Events. NOTE: LATE APPLICATIONS CANNOT BE ACCEPTED. PLEASE ALLOW TIME FOR METERED PARKING OR PARKING IN PUBLIC PARKING LOTS. Applications will be received only at the address shown below, and by the time indicated in the Calendar of Events. Any Application received after said time and/or date or at a place other than the stated address cannot be considered and will be returned to the Applicant. November 13, 2018 CCC BOS Minutes 52 Solicitation of Applications for East County Medical Cannabis Dispensary Operator Permits (MCDOP) East County MCDOP RFP 2017 Page 22 All Applications must be hand delivered and must be received and time stamped by the Planning Department at the stated address prior to the time designated. The timestamp applied by a Planning Department staff member shall be considered the official submission time for the purpose of establishing the actual receipt of Applications. 2. Applications are to be addressed as follows: Medical Cannabis Dispensary Operation Permits East County MCCOP RFP 2017 Alameda County, Planning Department 224 W. Winton Avenue, Rm 111 Hayward, CA 94544 The Applicant's name, return address, and the RFP title (“East County MCDOP RFP 2017”) must also appear on the package. 3. Applicants are to submit one original hardcopy Application (Exhibit A – Application Response Packet, including additional required documentation), with original ink signatures, plus 6 copies of the Application. The original Application is to be clearly marked “ORIGINAL” with copies to be marked “COPY”. All Applications should be printed on plain white paper, and must be in a 3-ring binder (NOT bound). It is preferred that all Applications submitted shall be printed double-sided and on minimum 30% post-consumer recycled content paper. Inability to comply with the 30% post-consumer recycled content recommendation will have no impact on the evaluation and scoring of the Application. Applicants must also submit an electronic copy of their proposal. The electronic copy must be in a single file (PDF with OCR preferred), and shall be an exact scanned image of the original hard copy Exhibit A – Application Response Packet, including additional required documentation. The file must be on disk or USB flash drive and enclosed with the sealed original hardcopy of the bid. 4. All costs required for the preparation and submission of an Application shall be borne by the Applicant. 5. All other information regarding the Application responses will be held as confidential until such time as the County Selection Committee has completed its evaluation and Permit(s) have been granted by the County. 6. Each Application received, with the name of the Applicant, shall be entered on a record, and each record with the successful Application indicated thereon shall, after the grant of the Permit, be open to public inspection. November 13, 2018 CCC BOS Minutes 53 Solicitation of Applications for East County Medical Cannabis Dispensary Operator Permits (MCDOP) East County MCDOP RFP 2017 Page 23 C. RESPONSE FORMAT 1. Application responses are to be straightforward, clear, concise and specific to the information requested. 2. In order for Application to be considered complete, the Applicant must provide responses to all information requested. See Exhibit A – Application Response Packet. 3. Application responses, in whole or in part, are NOT to be marked confidential or proprietary. The County may refuse to consider any Application response or part thereof so marked. Application responses submitted in response to this RFP may be subject to public disclosure. The County shall not be liable in any way for disclosure of any such records. November 13, 2018 CCC BOS Minutes 54 THIS IS THE FINAL PAGE OF THE EAST COUNTY MCDOP RFP 2017 (NOT INCLUDING EXHIBITS A AND B, WHICH ARE IN SEPARATE DOCUMENTS) ** THIS PAGE IS INTENTIONALLY LEFT BLANK ** November 13, 2018 CCC BOS Minutes 55 REQUEST FOR PROPOSALS: CANNABIS RETAIL AND MICROBUSINESS OPERATORS Complete Applications Due: Monday, September 10th 2018 at 4:00 PM November 13, 2018 CCC BOS Minutes 56 City of Benicia Community Development Department RFP: Cannabis Retail and Microbusiness Operators 2018 2 TABLE OF CONTENTS INTRODUCTION 3 BACKGROUND 4 SUBMITTAL INSTRUCTIONS 6 EVALUATION CRITERIA 10 WHY BENICIA 12 LEGAL CONTEXT ATTACHMENTS 1. EVALUATION CRITERIA 2. LETTER OF INTENT 3. PRELIMINARY CANNABIS APPLICATION 4. CANNABIS PUBLIC SAFETY LICENSE 16 November 13, 2018 CCC BOS Minutes 57 City of Benicia Community Development Department RFP: Cannabis Retail and Microbusiness Operators 2018 3 INTRODUCTION The City of Benicia (“City”) wants two retail cannabis businesses and a cannabis microbusiness to operate in the Benicia community. The City invites interested, qualified parties to submit proposals for operations in response to this Request for Proposals (“RFP”). The goal of the RFP is to elicit cannabis business proposals from business owners/operators that wish to locate in Benicia. This RFP process will enable the City to assess interested parties and their completed proposals, and select businesses fo r the opportunity to work in Benicia. A total of two retail permits, and one microbusiness permit, are available to selected operators who successfully complete this competitive application process. Interested parties must complete the requirements of this RFP and clearly articulate how the proposed businesses would operate within the confines of existing state law and the newly passed Benicia Municipal Codes. Applicants will have to demonstrate the viability of the proposed business and business location, how the proposed business and business location will contribute to Benicia’s community and economy, and how the proposed business will mitigate any impacts that may arise from a cannabis business operation. Any questions must be submitted in writing prior to the date on the Timeline on page 6, and all questions and responses will be posted on the website, www.ci.benicia.ca.us/commercialcannabis. Please send all questions and comments to: cannabis@ci.benicia.ca.us Complete applications, per RFP instructions and including payment of all associated fees, are due by Monday, September 10th, 2018 at 4 pm. November 13, 2018 CCC BOS Minutes 58 City of Benicia Community Development Department RFP: Cannabis Retail and Microbusiness Operators 2018 4 BACKGROUND Benicia is a scenic city in the San Francisco Bay Area located on the waterfront of the Carquinez Strait. Benicia is both a charming place with a small-town feel and a thriving commercial and industrial center. Home to almost 28,000 residents, people congregate in the historic downtown area and enjoy a wide array of recreational parks and amenities. Yet Benicia’s history as a major military and industrial center also provides the City abundant land for economic development and new industries. In this spirit of embracing new economic frontiers, the City Council voted to welcome the cannabis industry into Benicia. On February 20 and March 20, 2018, the City Council adopted ordinances to allow cannabis uses in Benicia: • Allow personal cultivation of cannabis for private use within private residences, subject to limitations allowed under State and local law; • Allow commercial and industrial cannabis uses in Benicia, subject to limitations and conditions allowed under State and local law; • Require all commercial and industrial cannabis uses in Benicia to obtain two approvals prior to operation: o Cannabis Public Safety License - Applicants must submit security plans and site plans, and all personnel including employees, owners, and operators, must submit to background checks. A site visit and in-person interview will also be required. The Cannabis Public Safety License application will be incorporated into the RFP process for retail and microbusiness. This is subject to annual renewal. o Cannabis Use Permit - Applicants must submit business plans, location maps, site design, and operational plans. A public hearing before the Planning Commission is required. This is subject to an annual review. • Allow a maximum of two retail locations in Benicia, subje ct to a competitive process; • Allow a maximum of one microbusiness location in Benicia, subject to a competitive process and with retail limited to delivery only; • Allow unlimited number of testing, manufacturing, distributing, cultivation, and delivery cannabis businesses in Benicia; and November 13, 2018 CCC BOS Minutes 59 City of Benicia Community Development Department RFP: Cannabis Retail and Microbusiness Operators 2018 5 • Establish location criteria for all cannabis uses, including the following that pertains to retail and microbusiness: o Minimum distance from schools (grades K – 12): 600 feet o Zoning for Retail cannabis operations: ▪ Community Commercial (CC) ▪ General Commercial (CG) ▪ Waterfront Commercial (CW) o Zoning for Microbusiness cannabis operations: ▪ Limited Industrial (IL) ▪ Industrial Park (IP) ▪ General Industrial (IG) ▪ Waterfront Industrial (IW) November 13, 2018 CCC BOS Minutes 60 City of Benicia Community Development Department RFP: Cannabis Retail and Microbusiness Operators 2018 6 SUBMITTAL INSTRUCTIONS TIMELINE Below is a timeline for Proposers/Applicants to complete the entire Proposal process. Key Dates for RFP July 13, 2018 Application Period Begins July 27, 2018 Deadline to Submit Written Questions August 7, 2018 at 1:30 PM Optional Cannabis Pre-Submittal Conference August 10, 2018 Answers to Written Questions Published September 10 2018 at 4:00 PM Proposal Submittal Deadline September & October, 2018 Site Visits and Interviews* December 2018 Announcement of Selected Applicants *City may conduct Second Round Interviews if deemed necessary Below is an estimated timeline for Selected Applicants to complete the remaining permitting process. This timeline does not account for substantial revisions, resubmittals, or appeals, and is for reference only. Estimated Permitting Timeline Two Months Selected Applicants Prepare and Submit Use Permit Applications Early 2019 Cannabis Use Permit processing, including Public Hearing and Planning Commission vote 2019 Selected Applicants pursue other required permits, such as building permits and business licenses FEES Applicants are responsible for paying all associated fees at the time of submittal. Fees are non-refundable. Proposals will also be subject to additional permits and associated fees, such as building permits. Fees associated with responding to this RFP are as follows: November 13, 2018 CCC BOS Minutes 61 City of Benicia Community Development Department RFP: Cannabis Retail and Microbusiness Operators 2018 7 FEE FUNCTION Response to RFP $20,000 Cannabis Proposal/Application (including Cannabis Public Safety License Application and Preliminary Cannabis Application) Applicants who successfully complete the Proposal and Cannabis Public Safety License process and are selected to continue on to the Cannabis Use Permits, will be subject to the following fees: FEE FUNCTION Permit Application Fees $19,000 Cannabis Use Permit Application Ongoing Fees TBD Cannabis Public Safety License Annual Renewal TBD Cannabis Use Permit Application Annual Review SUBMISSION REQUIREMENTS Applicants shall submit eight (8) physical hard-copy Proposals and one electronic copy. The electronic copy shall be submitted as a single searchable PDF via the City’s website: https://www.ci.benicia.ca.us/commercialcannabis The Proposal submittal shall include all of the following materials: • Letter of Intent – Provide information about the proposed project location, principals (owners and operators) of the proposed business, and agree with the City’s terms contained in the RFP. Letter form attached to RFP. • Summary Project Plan - Provide a written statement describing the project and project details. Include information about the intended business model and plan, previous relevant experience in the cannabis, or similarly regulated, industry, efforts and/or plans to engage with the community, information about how your proposed business meets or exceeds the scoring and evaluation criteria, overall vision and timeline for opening your proposed business, and any other specific qualities that you feel are relevant and support the proposal’s legitimacy. Summary Project Plan’s should be 8-10 pages. November 13, 2018 CCC BOS Minutes 62 City of Benicia Community Development Department RFP: Cannabis Retail and Microbusiness Operators 2018 8 • Preliminary Cannabis Application – Provide documentation for City staff to assess project viability, location, site design, and operational plans. Application form and submittal requirements attached to RFP. • Cannabis Public Safety License Application – Provide documentation of security systems and safety plans, and Live Scan applications for all required parties. Application form and submittal requirements attached to RFP. • One (1) payment to the City of Benicia for the application, permit process, and due diligence fees, totaling $20,000. Payments made via check, money order, or cashiers’ check shall be made payable to the “City of Benicia”. Payment may also be made via cash or credit card. Payments made via cash or credit card must be made in-person and by appointment only; appointments must be made no less than 24-hours prior to the proposed submittal time. SUBMISSION INSTRUCTIONS All of the above materials for the Submission Requirements must be received prior to 4 pm on September 10. The submission package shall be submitted in one package by mail, courier, or in-person with an appointment, to: City of Benicia Community Development Department RE: Commercial Cannabis Proposal City of Benicia 250 East L Street Benicia, CA 94510 November 13, 2018 CCC BOS Minutes 63 City of Benicia Community Development Department RFP: Cannabis Retail and Microbusiness Operators 2018 9 PROCESS 1 REQUEST FOR PROPOSALS • The City releases a Request for Proposals for cannabis retail and microbusiness operators. • There will be a voluntary Pre-Submittal Conference. • Applicants may submit questions in writing, answers will be posted online. 2 SUBMISSION • Applicants submit all documentation and pay all fees by the application deadline. • Submittal Package includes - Letter of Intent, Summary Project Plan, Preliminary Cannabis Application, and Cannabis Public Safety License Application. 3 REVIEW, INTERVIEW, SITE VISIT • City staff reviews materials from all complete Proposals. • Applicants attend an in-person interview (individual meetings per application) which includes a site visit. 4 SCORING AND SELECTION • Applicants scoring at least 80% against Evaluation Criteria are eligible to continue with security planning for the Public Safety License and on to the Cannabis Use Permit process. • The City may hold second-round interviews if deemed necessary. • Qualified applicants who are not chosen may be put on a waitlist should a selected operator be unable to proceed. 5 CANNABIS USE PERMIT • Selected Applicants shall develop and submit complete Cannabis Use Permit Applications and pay all associated fees. • City planning staff will review and process the Cannabis Use Permit Application. • Applicants will have the opportunity to further refine their project plans, per City review and recommendations. 6 PLANNING COMMISSION PUBLIC HEARING • The Planning Commission will consider the proposed cannabis business, including proposed operations and location, at a public hearing. • The Planning Commission votes on approval of the Cannabis Use Permit. Decision becomes final ten (10) days after action. 7 PUBLIC SAFETY LICENSE AND INSPECTIONS • Subject to appeal period, Planning Commission approval of Cannabis Use Permit, Cannabis Public Safety License will be issued. 8 NEXT STEPS: BUILDING PERMITS, BUSINESS LICENSE, FEES • Approved cannabis business operators apply for, pay all associated fees, and submit to inspections, to attain other required permits, such as building permits and business licenses. • A final site inspection to check security plan implementation and compliance with conditions of approval will also be required. 9 ANNUAL REVIEW & RENEWAL • Cannabis business operators maintain their Cannabis Use Permits and Cannabis Public Safety Licenses annually by submitting documentation, attending a meeting, and paying required fees. November 13, 2018 CCC BOS Minutes 64 City of Benicia Community Development Department RFP: Cannabis Retail and Microbusiness Operators 2018 10 EVALUATION CRITERIA Any selected parties are expected to have the following qualifications: • Knowledge and experience developing successful businesses. Applications will be evaluated consistent with the City’s local preference policy; • Expertise in the existing laws and proposed regulations relating to cannabis; • Innovative, responsive, competent, and practical business acumen; • Ability to operate the proposed cannabis business as an integrated part of the community; and • Ability and willingness to work with the City in developing any proposed business rules and regulations specific to cannabis operations. SCORING AND EVALUATION CRITERIA Points will awarded for meeting, and exceeding, the requirements. The Cannabis Operations Scoring and Evaluation Criteria is attached to this RFP. The criteria categories and available points are: CRITERIA POINTS Proposed Location and Design 20 Business Plan 30 Neighborhood Compatibility and Plan 20 Community Benefits 30 Enhanced Product Safety 20 Environmental Benefits 20 Labor and Employment 20 Local Enterprise 20 Qualifications of Owners 30 Air Quality Plan 20 Safety and Security Plan 20 TOTAL 250 A five person review committee selected by the City Manager will review each application. A minimum score of 80% will be required for applicants to proceed. November 13, 2018 CCC BOS Minutes 65 City of Benicia Community Development Department RFP: Cannabis Retail and Microbusiness Operators 2018 11 DEAL BREAKERS The following list of proposal qualities and factors are grounds for disqualifying an application. All complete applications will be reviewed and scored against the Evaluation Criteria; these are non-negotiable terms: • Any portion of the business location parcel is within 600 feet of a school; • The retail business location parcel is designated any zoning category other than: General Commercial (CG), Community Commercial (CC); and Waterfront Commercial (CW ); • The microbusiness business location parcel is designated any zoning category other than: Limited Industrial (IL), General Industrial (IG), Industrial Park (IP), and Water Related Industrial (IW); • Any licensee, owner, operator, employee, or landlord is under 21 years of age; • Any licensee, owner, operator, employee, or landlord has a felony conviction, as outlined in Section 9.60.050 of the Benicia Municipal Code; and/or • The business proposal includes alcohol sales, has a license from the State Department of Alcoholic Beverage Control for the sale of alcoholic beverages, a business that sells alcoholic beverages is operated on the premises, or in any way allows alcoholic beverages to be possessed, distributed, or consumed on the premises. November 13, 2018 CCC BOS Minutes 66 City of Benicia Community Development Department RFP: Cannabis Retail and Microbusiness Operators 2018 12 WHY BENICIA Benicia is a charming community on the northern banks of the Carquinez Strait. The City has a thriving commercial and recreational waterfront, residential neighborhoods that weave into the hillsides, and multiple beautiful public parks. The City also hosts an array of festivals and events throughout the year. Carquinez Strait & Benicia Point Pier Benicia embraces its architectural history and creatively adapts buildings to the present. The historic downtown area has a commercial thoroughfare with restaurants and shops, which leads visitors to the scenic Benicia Point Pier and the Marina. The Benicia Arsenal, a major military complex that was decommissioned in 1964, has been converted into a vibrant cultural center and it still has plenty of room left to grow into. There are also colorful, well-preserved Victorian buildings throughout the City. Historic Victorian House Benicia’s past and present is shaped by the City’s progressive embrace of new social and economic paths. The City enacted rigorous sustainability standards well before they were commonly required and it has supported multiple ambitious adaptive -reuse November 13, 2018 CCC BOS Minutes 67 City of Benicia Community Development Department RFP: Cannabis Retail and Microbusiness Operators 2018 13 developments. Today Benicia is once again looking actively to the future by embracing the potential of the cannabis industry. Benicia Waterfront ECONOMIC BENEFITS LEGAL RECREATIONAL SALES Proposition 64, the bill to legalize recreational marijuana, was approved by 57% of voters in California, yet individual cities have been much less welcoming. Benicia is one of only 62 cities, 13% of all municipalities, in the entire state that allows recreational cannabis sales.1 Within the nine Bay Area counties that number is similarly low. Just 18 cities in the Bay Area, 20% of municipalities, have approved recreational cannabis sales.2 Benicia is a great place to do business, but in regards to cannabis sales it also one of the few places to do business. Nearby cities including Antioch, Concord, Martinez, Pleasant Hill, Walnut Creek, Fairfield, and Vacaville do not permit any recreational cannabis sales. Cannabis businesses in Benicia have the potential to tap into not just the neighborhood consumer base but regional consumer bases as well. The Benicia City Council will be proposing a rate for the new marijuana tax, to be voted on by the public this November. 1 (2018, January 4) Searchable Database: See How Cannabis Laws, Support Differ Among California Cities . http://www.thecannifornian.com/cannabis-business/database-see-cannabis-laws-support-differ-among-california-cities/ 2 (2018, January 4) Searchable Database: See How Cannabis Laws, Support Differ Among California Cities . http://www.thecannifornian.com/cannabis-business/database-see-cannabis-laws-support-differ-among-california-cities/ November 13, 2018 CCC BOS Minutes 68 City of Benicia Community Development Department RFP: Cannabis Retail and Microbusiness Operators 2018 14 LOCATION Benicia’s central location provides both a local consumer base and access to numerous large markets for delivery services. It is at the juncture of the 780 and 680 freeways, and is only four miles from Highway 80. The City is ideally situated to access the San Francisco Bay Area, Sacramento Metro Area, and Stockton Metro Area. Numerous major cities, themselves home to more than 3.5 million people, are within an easy driving distance, even at peak commute times. Below is a table of drive times at 6:00 pm on a typical Thursday evening. CITY SUB-REGION DRIVE TIME Oakland East Bay 30 min San Rafael North Bay 45 min Santa Rosa North Bay 1 hr San Francisco The Peninsula 1 hr San Mateo The Peninsula 1 hr San Jose South Bay 1 hr 15 min Stockton Stockton Metro 1 hr 30 min Vacaville Sacramento Metro 45 min Sacramento Sacramento Metro 1 hr 15 min Benicia is marked with the green circle. November 13, 2018 CCC BOS Minutes 69 City of Benicia Community Development Department RFP: Cannabis Retail and Microbusiness Operators 2018 15 TRANSPORTATION Benicia is serviced by Solano County Transit, SolTrans. This public transportation network operates in Vallejo, Benicia, and Fairfield and offers express connections to the Pleasant Hill, Walnut Creek and El Cerrito Del Norte BART Stations, as well as to the Vallejo Ferry Terminal and Vallejo Transit Center. DEMOGRAPHICS Benicia is home to a diverse and growing population. More than 7,500 families live within the City’s established residential neighborhoods. Below is a sampling of demographic information from the US Census. Population Total Population – 27,780 Total Households – 11,019 Age Groups Educational Attainment College Degree – 36.4% of people over age 25 Graduate and Professional Degrees – 16% of people over age 25 Income Median Home Value - $475,500 Median Household Income - $87,011 Households Earning Over $100,000 Annually – 44.1% Occupations (of residents over 25 years old) - 1,000 2,000 3,000 4,000 5,000 6,000 7,000 8,000 9,000 19 and younger 20 - 34 35 - 54 55 - 64 65 - 74 75 and older 6,722 2,250 2,967 1,027 877 Business Management, Science, and Arts Service Sales and Office Natural Resources and Construction Manufacturing and Transportation November 13, 2018 CCC BOS Minutes 70 City of Benicia Community Development Department RFP: Cannabis Retail and Microbusiness Operators 2018 16 LEGAL CONTEXT Regulations and laws applicable to cannabis operators include, but are not limited to: CITY OF BENICIA • Benicia Municipal Code Chapter 9.60 Cannabis Public Safety License • Benicia Municipal Code Chapter 17.70.260 Hazardous Materials • Benicia Municipal Code Chapter 17.84 Cannabis • Benicia Industrial Design Guidelines STATE OF CALIFORNIA • Proposition 215, the Compassionate Use Act • Medical Cannabis Regulation and Safety Act of 2015, AB 243, AB 266, SB 643 • Proposition 64, the Adult Use of Marijuana Act • SB 94 Cannabis: Medicinal and Adult Use • California Business and Professions Code, Division 10 - Cannabis For further information, please visit the City’s website: www.ci.benicia.ca.us/cannabis . GENERAL CONDITIONS The City reserves the right to cancel or reject all or a portion or portions of the Request for Proposal without notice. Further, the City makes no representations that any agreement will be awarded to any organization submitting a proposal. The City reserves the right to reject any and all proposals submitted in response to this request or any addenda thereto. Any changes to the proposal requirements will be made by written addendum. The City shall not be liable for any costs incurred in response to this Request for Proposal. All costs shall be borne by the person or organization responding to the request. The person or organization responding to the request shall hold the City harmless from any and all liability, claim or expense whatsoever incurred b y or on behalf of that person or organization. All submitted material becomes the property of the City of Benicia. November 13, 2018 CCC BOS Minutes 71 Cannabis Operations Scoring and Evaluation Criteria Attachment 1 City of Benicia Community Development Department RFP: Cannabis Retail and Microbusiness Operators 2018 1 250 East L Street • Benicia, CA 94510 • (707) 746-4280 • Fax (707) 747-1637 Community Development Department Planning Division CANNABIS OPERATIONS SCORING AND EVALUATION CRITERIA A five (5) person review committee selected by the City Manager will review each application. Each committee member will sum his or her score in each category to generate a total score for each applicant. The applicants with the highest scores progress. Successful applicants must achieve 80% or higher score. Criteria Description Points Proposed Location and Design • Proposed location identified with address and detailed description, in appropriate zoning and meets all the locational requirements as described in Chapters 17.84.050 (B), 17.84.060 and Chapter 9.60.040 of the Benicia Municipal Code • Account for buffer/setback/sensitive use requirements • Additional setback/buffer from residential and other sensitive uses, such as schools • Extent of pre-permit outreach/engagement with neighborhood and community • Provision of parking above and beyond minimum standards • Exterior design and materials • Signage plan (interior and exterior), including plan for avoiding marketing to youth • Added design features, such as windows, primary entrance facing street, pedestrian improvements, no significant blank walls, removal of existing nonconforming features such as pole signs, • security screening not visible from exterior 20 Business Plan • Amount of experience operating a licensed cannabis business • Amount of experience operating retail storefront or, in the case of microbusiness, experience with applicable microbusiness practices, cultivation, manufacturing, packaging, retail, and delivery • Description of day-to-day operations which meet industry best practices for specific type of permit requested from City; • Timeline for beginning operation, including outline for any proposed construction/improvements and a deadline for completion • Budget for construction, operation, maintenance, compensation of employees, equipment costs, utility costs, and other operation costs. The budget must demonstrate sufficient capitalization to pay startup costs and at least three months of operating costs, as well as a description of the sources and uses of funds 30 November 13, 2018 CCC BOS Minutes 72 Cannabis Operations Scoring and Evaluation Criteria Attachment 1 City of Benicia Community Development Department RFP: Cannabis Retail and Microbusiness Operators 2018 2 • Proof of sufficient capital to cover first 3 months of operation (documentation of cash or other liquid assets on hand, Letters of Credit or other equivalent assets) • Pro forma for at least three years of operation Neighborhood Compatibility And Plan • How proposed use, including exterior areas/surrounding public areas, will be managed, to avoid nuisance problems or negative impacts on neighbors and surrounding community • Applicant conducted community workshop • Site plan (accurate, dimensioned and to-scale [minimum scale of 1/4”]) required for each proposed location • Proposed plan (such as designated manager) to handle complaints 20 Community Benefits • Benefits applicant would provide to local community, such as employment for residents of the City, community contributions, or economic incentives to the City • Planned partnership(s) with neighboring businesses • Plan for ongoing community outreach/engagement with neighborhood and community • Addressing issues raised in public meeting, including evidence that concerns raised have been resolved 30 Enhanced Product Safety • How applicant proposes to enhance consumer safety beyond requirements of State and/or local law 20 Environmental Benefits • Any proposed “green” business practices (e.g., solar) relating to energy and climate, water conservation, and materials and waste management; technology promoting efficient use of electricity (e.g. MCE deep green), low impact development for storm water 20 Labor & Employment • Whether applicant will provide training program for Responsible Cannabis Retail resulting in a certificate from an accredited learning institution • To what extent applicant will adhere to state law requirement for labor peace agreement, if applicable, or heightened pay and benefits standards and practices, including recognition of the collective bargaining rights of employees. Specific practices subject to consideration include the following: o Providing opportunities for continuing education and training of employees/staff (applications should provide proof of the CPSL policy and regulations to employees) o Providing a “living wage” to facility staff and employees. Wage scale should be provided in writing for all levels of employment at the facility. “Living Wage” shall mean 150% of the minimum wage mandated by California or Federal law, whichever is greater 20 Local Enterprise • Extent to which proposed use will be locally managed enterprise whose Owners reside within Benicia and/or the County of Solano • Evidence of historical tax compliance 20 Qualifications of Owners • Information re: any special business or professional qualifications or licenses of Owners adding to number or quality of services that the 30 November 13, 2018 CCC BOS Minutes 73 Cannabis Operations Scoring and Evaluation Criteria Attachment 1 City of Benicia Community Development Department RFP: Cannabis Retail and Microbusiness Operators 2018 3 proposed use would provide, especially in areas related to medical cannabis, such as scientific or health care fields • Applicant’s history of compliance in a regulated industry, including record of interactions with prior City governments • Knowledge of state and local regulations Air Quality Plan • Plan for managing effects of indoor (employees’ health and welfare) and outdoor (surrounding businesses) air quality resulting from proposed use (odor control including carbon filters, air scrubbers, and masking agents in ventilation system, etc.) 20 Safety and Security Plan • How the proposed use will provide safety and security on the property. Security plan must include interior and exterior physical layout and design plans and operational details as they relate to security • Security measures beyond minimum standards 20 Total 250 November 13, 2018 CCC BOS Minutes 74 November 13, 2018 CCC BOS Minutes 75 Letter of Intent Attachment 2 City of Benicia Community Development Department RFP: Cannabis Retail and Microbusiness Operators 2018 1 (date) City of Benicia 250 East L Street Benicia, CA 94510 Attn: Community Development Department RE: Letter of Intent - Request for Proposals: Cannabis Retail and Microbusiness Operators I, the undersigned, attest that I am a duly authorized representative of the cannabis business operator applicant, which is identified below: Name of Business: Address of Proposed Business Location: Assessor’s Parcel Number: Name of Applicant: Business Address of Applicant: Applicant Phone Number: Applicant Email Address: I understand that I will be expected to receive all notices at the Business Address of the Applicant and consent to receiving notices and communications at the phone number and email address listed above. I am interested in starting a __________________________ cannabis business operation. Further, I attest that I have secured an agreement for the Proposed Business Location listed above, for a minimum of four (4) years, and that said location is eligible for cannabis business operations per City regulations. Please find enclosed a complete application for this cannabis business proposal, including:  Summary Project Plan  Preliminary Cannabis Application  Cannabis Public Safety License Application  One (1) payment of $20,000 payable to the City of Benicia If I am selected to submit for a CUP I will apply for this permit within 60 days of the receipt of the letter of authorization from the City of Benicia Community Development Department. I understand that failure to apply for the CUP within that time period automatically forfeits my opportunity to apply. I further understand that failing to meet any of the requirements of the RFP or applicable City regulations shall lead to automatic revocation of any award letter. Sincerely, November 13, 2018 CCC BOS Minutes 76 November 13, 2018 CCC BOS Minutes 77 Preliminary Cannabis Application Attachment 3 City of Benicia Community Development Department RFP: Cannabis Retail and Microbusiness Operators 2018 (Revised July 2018) 1 250 East L Street • Benicia, CA 94510 • (707) 746-4280 • Fax (707) 747-1637 Community Development Department Planning Division PRELIMINARY CANNABIS APPLICATION Administered by the Community Development Department, applicants seeking retail or microbusiness Cannabis Use Permits must submit a Preliminary Cannabis Application. Applicants must submit a vicinity map(s), and conceptual building site plans including but not limited to site plans, floor plans, roof plans, and building elevations. All applicants must complete the application that follows. The responses provided on this application will assist the review panel in evaluating Proposals for business viability and operational standards that the applicant intends to employ, and assess how they relate to building and zoning codes, City design standards, and other sections of the Benicia Municipal Code. ACKNOWLEDGEMENTS The applicant acknowledges that submitting this Application and associated documentation does not entitle them to a Cannabis Use Permit or a Cannabis Public Safety License, or grant them any rights or privileges to operate a cannabis business in Benicia. The applicant also acknowled ges that all fees associated with this application are non-refundable, and that the Community Development Department will retain the authority to inspect and assess the business premises and property. Entity/Applicant Name: Proposed Facility Address: Authorized Agent (print):__________________________ Title: Signature: ______________________________________Date: November 13, 2018 CCC BOS Minutes 78 Preliminary Cannabis Application Attachment 3 City of Benicia Community Development Department RFP: Cannabis Retail and Microbusiness Operators 2018 (Revised July 2018) 2 APPLICANT: Complete all sections. Please print legibly. Project Address APN (s) Cross Street Sq. ft./Acreage Applicant Name Company Street Address City State Zip Code . Phone Email ______ _ Owner’s Name __________ Company Owner’s Street Address City State Zip Code . Phone Email ______ _ Additional Contact Information Architect ______________________________________________________________ ____________ ____________________________________________________________________________________ Engineer ______________________________________________________________ _____ ______ ____________________________________________________________________________________ Other ______________________________________________________________ ______ ______ ____________________________________________________________________________________ If additional owners, please add them below. Owner’s Name __________ Company Owner’s Street Address November 13, 2018 CCC BOS Minutes 79 Preliminary Cannabis Application Attachment 3 City of Benicia Community Development Department RFP: Cannabis Retail and Microbusiness Operators 2018 (Revised July 2018) 3 City State Zip Code . Phone Email ______ _ Owner’s Name __________ Company Owner’s Street Address City State Zip Code . Phone Email ______ _ Owner’s Name __________ Company Owner’s Street Address City State Zip Code . Phone Email ______ _ Owner’s Name __________ Company Owner’s Street Address City State Zip Code . Phone Email ______ _ November 13, 2018 CCC BOS Minutes 80 Preliminary Cannabis Application Attachment 3 City of Benicia Community Development Department RFP: Cannabis Retail and Microbusiness Operators 2018 (Revised July 2018) 4 1. Provide eight (8) copies of the following on sheet size ARCH D, 24 x 36 inches, folded to be 8.5 x 11 inches. Rolled plans will not be accepted. Also provide one (1) electronic copy of all required documentation. Submission must be a single searchable PDF. a. Conceptual building and site plans b. Vicinity Map 2. Conceptual plans must be fully dimensioned, clear, legible and reproducible, and must include the following information: a. Plans must include: i. Site plan ii. Floor plan(s) iii. Roof plan iv. Building Elevations b. Approximate size/area of the parcel (in square feet or acres) c. Existing and proposed building footprints and/or structures (gross floor area) d. All existing and proposed streets and parking areas e. Approximate location of all creeks, trees, shoreline, known wetland and flood plain areas f. All internal and external equipment, including HVAC systems, manufacturing machinery, etc. 3. The Vicinity Map must be clear, legible and reproducible, and must include the following information: a. Location of the project area b. A radius of 600 feet from the property boundary c. Existing roads and properties d. Existing building footprints e. Existing land use for all adjacent/shown properties f. Existing schools (including grades kindergarten to 12) g. Aerial photography may be provided in addition to the above requirements. It must be legible and have buildings labeled 4. Provide additional information that will help the city understand the project such as existing site or building photos, topographic surveys, site surveys, landscaping plans, color or material selections, details of anticipated water or wastewater usage, or information about hazardous materials. November 13, 2018 CCC BOS Minutes 81 Preliminary Cannabis Application Attachment 3 City of Benicia Community Development Department RFP: Cannabis Retail and Microbusiness Operators 2018 (Revised July 2018) 5 Proposed Project Please complete this chart. If an item is included, or will be changed as part of the project, please elaborate. No Yes Explanation Tenant Improvements Parking • New Spaces • Removing Spaces Improvements and/or Structures in Public Right- of-Way Exterior • Building Modifications • Mechanical Equipment • Lighting Masonry Land • Grading • Landscaping • New Trees • Removing Trees Hazardous Materials November 13, 2018 CCC BOS Minutes 82 Preliminary Cannabis Application Attachment 3 City of Benicia Community Development Department RFP: Cannabis Retail and Microbusiness Operators 2018 (Revised July 2018) 6 Operational Plans Please complete this chart. If an item is included, or will be changed as part of the project, please elaborate. No Yes Explanation Number of Estimated Employees Proposed Hours of Operations Production of Edible and/or Consumable Products Noise to be Generated On-Site Cannabis-Related Mechanical Equipment Outdoor Storage and/or Uses Use or Storage of Hazardous Materials Transportation Plans Expected Occupant/Tenant Traffic Cannabis Delivery and/or Distribution Proposed Delivery and/or Distribution Hours November 13, 2018 CCC BOS Minutes 83 Preliminary Cannabis Application Attachment 3 City of Benicia Community Development Department RFP: Cannabis Retail and Microbusiness Operators 2018 (Revised July 2018) 7 THIS IS A PRELIMINARY CANNABIS APPLICATION FORM AND NOT A BUILDING PERMIT OR PLANNING OR ENGINEERING APPLICATION. ADDITIONAL SITE PLANS & DETAILED INFORMATION WILL BE REQUIRED WITH THE PLANNING APPLICATION AND/OR PERMIT APPLICATION. INDEMNIFICATION: Applicant agrees to defend, indemnify, and hold harmless the City and its officers, contractors, consultants, employees, and commission members (collectively, “City”) from any and all liability, los s, suits, claims, damages, costs, judgments and expenses (including attorney’s fees and costs of litigation), including any appeals thereto (collectively, “proceeding”) brought against the City with regard to any approvals issued in connection with the application(s) by the City, including any action taken pursuant to the California Environmental Quality Act. If Applicant is required to defend the City in connection with such proceeding, the City shall have and retain the right to approve counsel to so defe nd the City; and all significant decisions concerning the manner in which the defense is conducted; and any and all settlements, which approval shall not be unreasonably withheld. The City shall also have and retain the right to not participate in the defense, except that the City agrees to reasonably cooperate with Applicant in the defense of the proceeding. If the City’s Attorney’s Office participates in the defense, all City Attorney fees and costs shall be paid by Applicant. Further, Applicant agrees to defend, indemnify and hold harmless the City from and for all costs and fees incurred in additional investigation or study of, or for supplementing, revising, or amending, any document if made necessary by said proceeding. CERTIFICATION: I hereby certify that I am the applicant or designated agent named herein and that I am familiar with the rules and regulations with respect to preparing and filing this petition for discretionary action, and that the statements and answers contained herein and the information attached are in all respects true and accurate to the best of my knowledge and belief. SIGNATURE OF APPLICANT OR AGENT: _______________________ ________ Date: _______________ Applicant will receive an email confirming receipt of request form and packet and assign next available meeting date and time. This will be your meeting date unless you contact us to request a different available meeting date and time. If applicants miss a scheduled meeting, they will be required to reschedule for the next open date available. City of Benicia Community Development Department: (707) 746-4280 Cannabis@ci.benicia.ca.us FOR INTAKE, STAFF USE ONLY File # Fee Paid Receipt # Date Received: Received By ______ Zoning ________________ Reviewers Needed: Fire Building Planning Public Works Engineering Police Parks and Community Services Other____________________________ November 13, 2018 CCC BOS Minutes 84 November 13, 2018 CCC BOS Minutes 85 Cannabis Public Safety License Attachment 4 City of Benicia Police Department (Revised July 2018) 1 RFP: Cannabis Retail and Microbusiness Operators 2018 250 East L Street • Benicia, CA 94510 • (707) 746-4280 • Fax (707) 747-1637 Police Department CANNABIS PUBLIC SAFETY LICENSE APPLICATION Administered by the Police Department, applicants seeking Cannabis Use Permits must obtain a Cannabis Public Safety License. Applicants must submit a comprehensive security plan, site plan, and floor plan(s) demonstrating the proposed safety and security strategies of the licensed premises. All applicants must complete the application that follows. The responses provided on this application will assist the review panel in evaluating responses as they relate to security standards that the applicant intends to employ. ACKNOWLEDGEMENTS The undersigned applicant acknowledges that there are considerable risks in operating a cannabis-related business. Those risks include but are not limited to the risks of burglary, robbery, internal and external theft, diversion of cannabis by employees and customers, the risk of minors accessing cannabis products, and associated risks to employees, vendors, and the general public. The applicant hereby acknowledges that it is committed to ensuring a safe environment that mitigates as much risk as is reasonably possible. Risk mitigation strategies must include, at minimum, implementing security requirements mandated by state regulations and those conditions described in this Cannabis Public Safety License Application. The applicant acknowledges that the Police and Fire Departments will retain the authority to audit, inspect, assess and test the security and safety strategies of the applicant’s premises. The applicant acknowledges that as incidents arise, crime trends affecting the cannabis industry evolve, or enhanced security practices develop throughout the emerging cannabis industry, the Police and Fire Departments must reserve the right to impose additional conditions to further the public safety interests of the City of Benicia, as well as those of licensed operators, their employees, vendors and customers who may visit the licensed premises. Entity/Applicant Name: Proposed Facility Address: Authorized Agent (print):__________________________ Title: Signature: ______________________________________Date: November 13, 2018 CCC BOS Minutes 86 Cannabis Public Safety License Attachment 4 City of Benicia Police Department (Revised July 2018) 2 RFP: Cannabis Retail and Microbusiness Operators 2018 BACKGROUND INVESTIGATIONS All applicants, interested parties, and employees of the licensee are required to clear a background check to qualify for a Cannabis Use Permit. This includes a Live Scan Service and may also include additional investigation by the City if deemed necessary. Cannabis Use Permits will not be issued where applicants, interested parties, or employees have felony convictions, as specified in subdivision (c) of Section 667.5 of the Penal Code, and subdivision (c) of Section 1192.7 of the Penal Code, or where convictions exist that substantially relate to the qualifications, functions, or duties of the business or profession, including a felony conviction involving fraud, deceit, or embezzlement or a criminal conviction for the sale or provision of illegal controlled substances to a minor. Entity/Applicant Name: Proposed Facility Address: Authorized Agent (print):__________________________ Title: Signature:______________________________________Date: SECURITY STANDARDS The following security standards must be adopted and implemented by cannabis-related businesses operating within the City of Benicia. Applicants must initial each item under “Initials” to show their acknowledgment. Where the applicant perceives a conflict or seeks an exemption or conditional accommodation, the applicant should mark (“X”) under the heading labeled “Conflict”. Where the “Conflict” column is marked, the applicant must include as an attachment to this application a written response identifying each perceived conflict. In addressing the conflict, the applicant must refer to the conflict by referencing its part and section number (e.g. Part A, Item 4). Entity/Applicant Name: Proposed Facility Address: Authorized Agent (print):__________________________ Title: Signature:______________________________________Date: November 13, 2018 CCC BOS Minutes 87 Cannabis Public Safety License Attachment 4 City of Benicia Police Department (Revised July 2018) 3 RFP: Cannabis Retail and Microbusiness Operators 2018 Part A Facility Design Initials Conflict 1 The primary pedestrian access point (lobby) must be visible from the public thoroughfare 2 No further access beyond the lobby must be possible without passing another locked, solid core door. 3 Any trees on the premises must have canopies maintained at a height greater than 6-feet from the ground. 4 Any ground level landscaping must be limited and maintained at a height no greater than 24 inches. 5 No opportunities for concealment may exist within 10 feet of any doorway accessing the structure. 6 Any glass storefronts, metal roll-up doors or windows extending lower than 24 inches from ground level must be protected against vehicular intrusion by effective barriers subject to design review/approval. 7 Cannabis, cannabis products or graphics depicting cannabis may not be visible from outside the premises. 8 Doors accessing rooms containing cannabis must be equipped with solid core doors. If such rooms include windows, windows must be opaque to prevent visibility of cannabis or have a lower sill no lower than 6 feet from ground level. Any such windows must be equipped with intrusion resistant film and incorporate monitored glass-break detection components within the alarm infrastructure. 9 Windows, if present, must not be obscured by advertisements, product racks, or other obstructions. 10 Any solid core doors accessing the outside will be equipped with 180 degree viewing devices. 11 The premises must maintain a minimum exterior lighting standard of 1.5 foot candles across all perimeters, access points and parking spaces associated with the licensed premises. Lighting must be white LED lighting with a heat index between 2700K-4200K, a color rendering index of at least 70 and a light loss factor of at least .95. 12 Where foyers exist or awnings are installed on the structure, fixtures must be installed as necessary to provide for a minimum lighting standard of 1.5 foot candles beneath the awning or within the foyer. 13 Under Section 17.108 of the Benicia Municipal Code, external building design, architectural features, site plans, landscaping, etc. may be subject to design review. November 13, 2018 CCC BOS Minutes 88 Cannabis Public Safety License Attachment 4 City of Benicia Police Department (Revised July 2018) 4 RFP: Cannabis Retail and Microbusiness Operators 2018 Part B Facility Access Control Initials Conflict 1 An electronic access control system will be installed to control and log access by staff members. 2 All rooms containing cannabis or currency will require an electronic access control card/fob to enter. 3 The access control system will maintain access data for no less than 90 days; records must be available to regulators upon request. 4 The electronic access control system must be supported by a battery backup system ensuring continued operability of the system for no less than 24 hours. 5 Key fobs/cards will be user-unique and will provide access only to those areas, and at those times, that the employee has a legitimate need to access. 6 All rooms containing cannabis or currency will be equipped with an automatic closing/relocking device and must be kept closed and locked at all times when not in immediate use. 7 When employees are terminated, all issued keys/fobs/cards must be accounted for. If a fob/card is missing, it must be immediately deleted from the access control system. Where a physical key is lost or not returned, all relevant cores must be changed on all relevant locks without delay. 8 A knox box containing a master key/fob for the facility must be installed adjacent to the lobby door. 9 If fencing or gates are to be installed, they must comply with local building and zoning codes. 10 Fencing or gates, if topped with security features, must comply with local building and zoning codes. 11 Electronic gate(s), if installed, must be equipped with click-to-enter technology. 12 Gate(s), if installed, must be equipped with a knox-key access system and knox-box. 13 Any physical keys associated with the premises must be stamped "Do Not Duplicate", tracked and logged. 14 Packaged cannabis products on the premises must be stored in a limited access vault or appropriately UL-rated safe. November 13, 2018 CCC BOS Minutes 89 Cannabis Public Safety License Attachment 4 City of Benicia Police Department (Revised July 2018) 5 RFP: Cannabis Retail and Microbusiness Operators 2018 Part C Alarm System Initials Conflict 1 Facility alarm installers must be licensed by the Dept. of Consumer Affairs (Alarm Company Operator, CA BPC § 7590 - 7599.80 et al). 2 Facility alarm equipment, installers and monitoring centers must be UL (Underwriter's Laboratory) listed. UL certification must be maintained in good standing at all times. 3 Any roof hatches or vents accessing the building must be equipped with contact sensors, motion detectors or other practicable electronic monitoring options. 4 All exterior doors and interior doors accessing rooms containing cannabis, currency or security infrastructure must be equipped with monitored contact points requiring doors to be closed for the system to arm. Bypassing zones must be prohibited. 5 Silent robbery alarm activators must be installed at the lobby/entrance, loading/unloading areas, product/currency storage areas and at any points of sale (where applicable). 6 Access control, surveillance and alarm systems must be equipped with battery backups or an auto-start generator capable of supporting system operations for up to 24 hours. 7 Where the alarm system malfunctions to any degree, the facility must be staffed on a 24-hour basis by a manager or a licensed security officer until such time as the alarm system is restored to full operability. 8 A minimum of one motion detector must be installed in each room of the facility, with additional detectors installed as practicable. November 13, 2018 CCC BOS Minutes 90 Cannabis Public Safety License Attachment 4 City of Benicia Police Department (Revised July 2018) 6 RFP: Cannabis Retail and Microbusiness Operators 2018 Part D Surveillance System Initials Conflict 1 Cameras resolution rating of no less than 2 megapixels, day/night capable, equipped with auto-iris and auto-focus features. 2 Interior cameras must provide no less than 50 pixels per foot in relation to the furthest area/element intended for surveilling. Exterior cameras must provide no less than 80 pixels per foot in relation to the furt hest area/element intended for surveilling. 3 TCP/IP enabled, accessible over the internet. Remote viewing access must be provided to the Chief of Police or his/her designees. 4 DVR must be stored in a limited access area of the facility to which only managerial personnel have access. 5 System must record on a consistent basis, both during and after business hours. Footage must be archived for no less than 90 days. 6 System must be capable of offloading video in standard formats requiring no proprietary software (e.g. mpeg, wmv, wav). 7 System must allow the offloading of video to standard media (e.g. DVD, USB). 8 Footage must be accurately date/time stamped. Date and time stamp must not obscure the focus area of the video. 9 A log must be maintained accounting for any persons accessing the surveillance system (unique user IDs required). 10 Cameras must be placed within 20 feet of each exterior door and must provide both interior and exterior vantage points. 11 Limited access areas (entrances, loading areas, rooms containing cannabis, currency or security system infrastructure) must maintain no less than two viewing angles, including each door. 12 Cameras must be installed in a manner that protects cameras and cabling from inadvertent or intentional disruption. 13 All doors leading to the outside will be accompanied by a video monitor displaying the outside area for pre-egress review. 14 Signage must be posted at each entrance to the parcel and structure advising of the presence of video surveillance. 15 The applicant must prohibit staff, vendors or customers (dispensaries) from wearing hats, hoods, sunglasses or other attire that may interfere with the ability to identify a person from surveillance video footage. 16 Where the surveillance system malfunctions to any degree, the facility must be staffed on a 24-hour basis by a manager or a licensed security officer until such time as the surveillance system is restored to full operability. 17 The location of the on-site surveillance server (DVR) must be identified on the provided security floor plan, and must be in a room accessible only to management personnel with access privileges to the surveillance platform's hardware, software and recordings. November 13, 2018 CCC BOS Minutes 91 Cannabis Public Safety License Attachment 4 City of Benicia Police Department (Revised July 2018) 7 RFP: Cannabis Retail and Microbusiness Operators 2018 Part E Facility Policies and Security Plan Content Initials Conflict 1 A manager capable of accessing all rooms must be on the premises during all operating hours. 2 A manager capable of accessing surveillance footage must be on the premises during all operating hours. 3 Non-managerial employees must not be permitted to take keys, fobs or access cards off premises. 4 Non-managerial employees must not be permitted to take employer identification badges off premises. 5 The applicant must maintain a strict policy against loitering and trespassing on and about (within 100 feet of) the premises. 6 Applicants are advised that an acceptable and comprehensive burglary prevention/response plan will be required prior to licensing. 7 Applicants are advised that an acceptable and comprehensive robbery prevention/response plan will be required prior to licensing. 8 Applicants are advised that an acceptable and comprehensive plan regarding product diversion and internal theft prevention and response strategies will be required prior to licensing. 9 Applicants are advised that an acceptable and comprehensive currency security plan will be required prior to licensing. 10 Applicants are advised that an acceptable and comprehensive product loss prevention/shoplifting plan will be required prior to licensing. 11 Security plan must be developed in consultation by a third party security professional (e.g. licensed PPO, ACO, certified advanced CPTED practitioner, ASIS certified security planner, etc). 13 Security plan must be updated by the applicant as changes to security infrastructure, policies or practices arise. The plan must contain all necessary information to provide for ongoing and efficient maintenance of the security plan (e.g. vendor contacts, equipment descriptions, vendor data, maintenance records, access logs, etc.) 14 The plan must be updated with enhanced and relevant strategies within 30 days of any significant incident including but not limited to: Discovery of a significant inventory discrepancy, as defined in CCR, Title 16, Division 42, Chapter 1, Article 3, section 5034); discovery of any cannabis diversion, theft, loss, or any other criminal activity pertaining to the operations of the licensee; discovery of loss or unauthorized alteration of records related to cannabis goods, customers, or the licensee’s employees or agents; or any other breach of security. 15 The security plan must be reviewed and audited annually by a third party security professional. A log of its review must be maintained within the plan and must include the identity, certifications, review date and comments from the reviewing party. 16 Within 30 days of implementing any change to the security plan, the applicant must provide to the Chief of Police or his/her designee an updated version of the security plan with the latest changes highlighted and accompanied by a letter of explanation detailing the reasons for the changes. November 13, 2018 CCC BOS Minutes 92 Cannabis Public Safety License Attachment 4 City of Benicia Police Department (Revised July 2018) 8 RFP: Cannabis Retail and Microbusiness Operators 2018 Part F Security Strategy Questionnaire Yes No 1 Applicant will employ uniformed proprietary security officers in accordance with the California Proprietary Security Services Act (CA BPC § 7574 - 7576 et al). 2 Applicant will contract uniformed private security officers through a licensed private patrol operator in accordance with the California Private Security Services Act (CA BPC § 7580 - 7580.14et al). 3 Security officers will serve in an armed (with firearm) capacity in accordance with the California Private Security Services Act (CA BPC § 7580 - 7580.14et al). NOTE: Proprietary security officers are prohibited from carrying deadly weapons. 4 Security officers, whether proprietary or contract, will be on duty only during business or operating hours. 5 Security officers, whether proprietary or contract, will be on duty only after business or operating hours. 6 If uniformed security officers, whether proprietary or contract, will be assigned on the premises, mark "Yes" and complete the "Security Schedule" that follows this portion of the application. If uniformed security officers will not be used, mark "No". 7 Mobile/vehicular, randomized patrol services of the premises will be contracted through a licensed private patrol operator in accordance with the California Private Security Services Act (CA BPC § 7580 - 7580.14 et al). 8 If mobile/vehicular patrol services will be contracted, mark "Yes" and complete the "Mobile Patrol Schedule" that follows this portion of the application. If mobile/vehicular patrols will not be used, mark "No". 9 If mobile/vehicular patrol services will be contracted, indicate the private patrol operator will be required to respond to the premises within 20 minutes in order to mitigate non-emergency nuisances, loitering, trespassing or suspicious circumstances on or about the premises that, on their face, do not reasonably appear to pose an imminent threat or demand police intervention. 10 Applicant will contract for alarm response services through a licensed private patrol operator (CA BPC § 7580 - 7580.14 et al) or a licensed alarm company agent (CA BPC § 7590 - 7599.80 et al) to provide for intrusion alarm responses within 15 minutes of being notified of a facility alarm activation. 11 Applicant will implement a consent-to-search policy that will be incorporated as a condition of employment and will establish procedures for searching incoming and outgoing employees. 12 Applicant will implement and strictly enforce a policy prohibiting personal phones and recording devices being carried or used by employees within limited access areas of the premises. November 13, 2018 CCC BOS Minutes 93 Cannabis Public Safety License Attachment 4 City of Benicia Police Department (Revised July 2018) 9 RFP: Cannabis Retail and Microbusiness Operators 2018 Day of Week # of Uniformed Security Officers On Duty (PART F-6) SUNDAYS 12AM 1AM 2AM 3AM 4AM 5AM 6AM 7AM 8AM 9AM 10AM 11AM # of Guards: 12PM 1PM 2PM 3PM 4PM 5PM 6PM 7PM 8PM 9PM 10PM 11PM # of Guards: MONDAYS 12AM 1AM 2AM 3AM 4AM 5AM 6AM 7AM 8AM 9AM 10AM 11AM # of Guards: 12PM 1PM 2PM 3PM 4PM 5PM 6PM 7PM 8PM 9PM 10PM 11PM # of Guards: TUESDAYS 12AM 1AM 2AM 3AM 4AM 5AM 6AM 7AM 8AM 9AM 10AM 11AM # of Guards: 12PM 1PM 2PM 3PM 4PM 5PM 6PM 7PM 8PM 9PM 10PM 11PM # of Guards: WEDNESDAYS 12AM 1AM 2AM 3AM 4AM 5AM 6AM 7AM 8AM 9AM 10AM 11AM # of Guards: 12PM 1PM 2PM 3PM 4PM 5PM 6PM 7PM 8PM 9PM 10PM 11PM # of Guards: THURSDAYS 12AM 1AM 2AM 3AM 4AM 5AM 6AM 7AM 8AM 9AM 10AM 11AM # of Guards: 12PM 1PM 2PM 3PM 4PM 5PM 6PM 7PM 8PM 9PM 10PM 11PM # of Guards: FRIDAYS 12AM 1AM 2AM 3AM 4AM 5AM 6AM 7AM 8AM 9AM 10AM 11AM # of Guards: 12PM 1PM 2PM 3PM 4PM 5PM 6PM 7PM 8PM 9PM 10PM 11PM # of Guards: SATURDAYS 12AM 1AM 2AM 3AM 4AM 5AM 6AM 7AM 8AM 9AM 10AM 11AM # of Guards: 12PM 1PM 2PM 3PM 4PM 5PM 6PM 7PM 8PM 9PM 10PM 11PM # of Guards: HOLIDAYS 12AM 1AM 2AM 3AM 4AM 5AM 6AM 7AM 8AM 9AM 10AM 11AM # of Guards: 12PM 1PM 2PM 3PM 4PM 5PM 6PM 7PM 8PM 9PM 10PM 11PM # of Guards: November 13, 2018 CCC BOS Minutes 94 Cannabis Public Safety License Attachment 4 City of Benicia Police Department (Revised July 2018) 10 RFP: Cannabis Retail and Microbusiness Operators 2018 MOBILE PATROL SCHEDULE (PART F-8) Minimum # of Security Patrols of Premises During Business Hours After Business Hours SUNDAYS MONDAYS TUESDAYS WEDNESDAYS THURSDAYS FRIDAYS SATURDAYS HOLIDAYS Total # Weekly Patrols (Business Hours): Total # Weekly Patrols (After Hours): Total Weekly Patrols: For responses below, please mark an “X” for the applicable answer. Are Mobile Patrol Officers Armed? No Yes Varies Intrusion Alarm Response Provided? No Yes, Business Hours Only Yes, After Hours Only Yes, 24-Hour Basis Non-Emergency Response Provided? No Yes, Business Hours Only Yes, After Hours Only Yes, 24-Hour Basis Private Patrol Operator: Lic. No: November 13, 2018 CCC BOS Minutes 95 Cannabis Public Safety License Attachment 4 City of Benicia Police Department (Revised July 2018) 11 RFP: Cannabis Retail and Microbusiness Operators 2018 Part G Fire Department Requirements Initials Conflict 1 A fire and life safety inspection is required prior to the start of any cannabis related operation. After fire clearance is granted, the facility is subject to unannounced inspections throughout the duration of operations. 2 A detailed scope of work related to all business activities and products utilized shall be required prior to licensing 3 Fire department requirements for Access, Egress, Fire Protection and Storage shall be included in the Site Plan. 4 Operational permits are required to be obtained to utilize, store, and handle materials; or to conduct processes that produce conditions that are hazardous to life or property. The fire department is authorized to revoke a permit when it is found that cond itions of a permit are violated. Permits shall be readily visible and posted in a conspicuous location. 5 All equipment used in operations shall be listed and conform to manufactures recommendation. All non-listed equipment shall require third-party technical assistance for review and approval. 6 Fire detection, alarm systems, emergency alarm systems, gas detection systems, fire extinguishing systems and smoke and heat vents shall be maintained in an operable condition at all times. System and system components shall be replaced and repaired when defective. All fire protections systems within a building shall be maintained in accordance to their referenced standard. 7 Records within site plans; including Architecture, Mechanical, Electrical, Fire Protection, Construction permits, building operations, and equipment shall be retained on site at all times and readily accessible upon request. Documents such as Fire Department Inspection reports, Fire systems Inspection reports shall also be retained upon issuance. 8 The use of all hazardous, flammable, and combustible materials shall be handled, stored, and utilized in accordance to the 2016 California Fire Code. November 13, 2018 CCC BOS Minutes 96 Cannabis Public Safety License Attachment 4 City of Benicia Police Department (Revised July 2018) 12 RFP: Cannabis Retail and Microbusiness Operators 2018 FOR RETAIL APPLICANTS ONLY Part H Retail Requirements Initials Conflict 1 Must incorporate a customer entrance that incorporates a pre- screening method to pre-screen those seeking entry. 2 Must incorporate a physical barrier separating the lobby receptionist, electronic access controls and robbery alarm triggers from customers entering the premises. Ballistic protection encouraged (not mandatory). 3 Must incorporate a waiting room with staff controlled, electronic access after validating the customer's eligibility to enter at reception. 4 Must incorporate separate paths for entry and departure to/from the dispensing room from the waiting room. 5 Access from the waiting room to the dispensing area must require electronic, remotely operated "buzz-in" by a staff member. 6 If the facility design incorporates an antechamber (not required, but encouraged) between the waiting room and dispensing area, the antechamber must allow for emergency egress and be equipped with crash bars allowing for emergency egress (backtracking). 7 If product display cases are provided in the waiting area, display cases shall be intrusion resistant (e.g. polycarbonate or protected by intrusion resistant film), locked, accessible only by a manager, and only opened outside of the facility business hours. NOTE: where the waiting area incorporates windows, applicants shall ensure displays, menus or marketing materials depicting cannabis are not visible to persons outside the premises. 8 Any exits from the dispensing room other than the above described inbound and outbound doors will be situated behind counters and in areas posted as restricted access/employee only areas. 9 The dispensing room must incorporate a fixed camera focused on each point of sale. Each point of sale must be equipped with a silent robbery alarm activation button. 10 Access controls and policies must restrict the number of customers in the dispensing room, not to exceed two customers per employee. 11 The dispensing room may maintain only that amount of product and currency that is necessary for business operations as suggested by the average daily sales reflected during the previous 30 days of business operations. Excess amounts of product and currency must remain in the product vault(s) and/or safe(s) in areas limited to management. 13 Applicants are advised that an acceptable and comprehensive off- premises currency transportation plan will be required prior to licensing. 14 All owners, interested parties and employees of a cannabis retail licensee shall be required to attend Cannabis Retail Sellers training provided by the City. Training shall be completed during the next available course offering by the City following approval of the Cannabis Use Permit. November 13, 2018 CCC BOS Minutes 97 Cannabis Public Safety License Attachment 4 City of Benicia Police Department (Revised July 2018) 13 RFP: Cannabis Retail and Microbusiness Operators 2018 FOR DELIVERY AND/OR DISTRIBUTION APPLICANTS ONLY Part I Delivery & Distributor Requirements Initials Conflict 1 Vehicles must be owned/leased/registered to the licensee (not employee owned) and insured through a commercial auto policy meeting or exceeding California requirements. 2 Vehicles must be less than 10 year models old throughout its service life. 3 Vehicles must not be marked with graphics or text indicating the vehicle to be associated with cannabis or currency transportation. 4 Vehicles must be equipped with a real-time, web-accessible GPS tracking system. Location updates must occur at intervals of no more than one minute. Access to GPS online GPS interface must be provided to the Chief of Police or his/her designee. 5 Vehicles must be equipped with locking storage containers proprietary to storage of in-transit cannabis products. 6 Vehicles must be equipped with permanently mounted, steel drop-safes for the storage of currency in transit. Drivers must not have access to the drop safe contents. 7 Drivers must be equipped with two-way, push-to-talk communications providing for immediate communication between the driver and the licensee (dispatcher, manager or other support staff). 8 Vehicles must meet all relevant California regulations (e.g. vehicle alarm systems, secure storage). 9 Vehicles must be equipped with on-board video surveillance equipment situated to and of sufficient quality to identify persons unlawfully entering the vehicle or accessing on-board cannabis or currency. 10 Applicants are advised that prior to licensing, applicant shall remit an acceptable and comprehensive plan describing how the applicant will: (1) validate the identity of person requesting delivery of cannabis; (2) validate the legitimacy of an address to which a delivery is requested; and (3) validate that the location to which a delivery is requested is not situated upon Federally owned or leased property. 11 Applicants are advised that prior to licensing, applicant shall remit an acceptable and comprehensive plan describing how the applicant will seek to mitigate and respond to auto theft, auto burglary, robbery, involvement in a traffic collision, suspicious circumstances, and managing in-field mechanical break downs of vehicles. 12 Applicants are advised that prior to licensing, applicant shall remit an acceptable and comprehensive plan describing how the applicant will provide for the secure storage of vehicles used for the transportation of cannabis and/or currency, the secure loading and unloading of product and/or currency, and describing how the applicant will ensure access to vehicles and loading areas is maintained as exclusive to the applicant’s employees. November 13, 2018 CCC BOS Minutes 98 Commercial Cannabis Permit Request for Proposals December 2017 777 B Street Hayward, CA 94541 p. 510.583.3904 f. 510-583-3601 Office of the City Manager www.hayward-ca.gov/ccp November 13, 2018 CCC BOS Minutes 99 COMMERCIAL CANNABIS PERMIT - DECEMBER 2017 1 Table of Contents I. Submittal Instructions ................................................................................ 2 Application Period Start: Application Submittal Deadline: Submittal Instructions General Conditions of Submittal II. Application Form / Required Content........................................................ 4 Applicant Information Co-Applicant Information Proposed Business Types Proposed Business Location(s) Business Plan and Operation Management Experience Safety and Security Plan Community Benefits Proposal Product Testing and Safety Environmental Plan Labor and Employment Practices Applicant Certification November 13, 2018 CCC BOS Minutes 100 COMMERCIAL CANNABIS PERMIT - DECEMBER 2017 2 Submittal Instructions Application Period Start: December 8, 2017, 12:00 pm PST Application Submittal Deadline: January 12, 2018, 12:00 pm PST Submittal Instructions Applicants should submit two physical (hard-copy) applications, as well as one electronic copy (in a single PDF file stored on a USB drive) which includes all of the following materials:  One (1) Completed Live Scan Background Check and submit completed documentation for each member of the Applicant Team (defined as the Applicant1 and Owner2 per the City of Hayward Ordinance). Please use the Live Scan Form found at www.hayward- ca.gov/ccp.  One (1) Completed Attestation form for each member of the Applicant Team. The City of Hayward’s Attestation Form can be found at www.hayward-ca.gov/ccp.  One (1) Completed Application Form for each business type, as detailed below.  One (1) check to the City of Hayward for the application deposit fee of $5,000. Payment shall be made via check, money order, or cashiers’ check payable to the “City of Hayward”. Cash and credit card payments will not be accepted. All of the above materials should be submitted by mail, courier, or in person before the deadline to: John Stefanski Office of the City Manager RE: CCP RFP City of Hayward 777 B Street Hayward, CA 94541 John.Stefanski@hayward-ca.gov Please note: City Hall will be closed from December 22, 2017 through January 2, 2018. No applications will be accepted during this time. 1 “Applicant” means an individual, or if not an individual, the general partner, chief executive officer, chief advisor, or other person responsible for the ownership and operation of a business entity, who applies to obtain a permit under this Article. 2 “Owner” means any of the following: (1) A person with an aggregate ownership interest of 20 percent or more in the person applying for a license or a licensee, unless the interest is solely a security, lien, or encumbrance. (2) The chief executive officer of a nonprofit or other entity. (3) A member of the board of directors of a nonprofit. (4) An individual who will be participating in the direction, control, or management of the person applying for a permit. November 13, 2018 CCC BOS Minutes 101 COMMERCIAL CANNABIS PERMIT - DECEMBER 2017 3 General Conditions of Submittal 1. Applicants must adhere to the specified page limits for each section. Additional content that exceeds these limits will not be considered. Applications should be prepared in Times New Roman, 12-point font and should be single-spaced, with 1-inch margins. All tables, figures, graphics, etc. are included in the page limits, except where specifically noted otherwise. 2. By submitting a proposal, the Applicant represents and warrants that: (a) The information provided is genuine and not a sham, collusive, or made in the interest or on behalf of any party not therein named, and that the Applicant has not directly or indirectly induced or solicited any other Applicant to put in a sham proposal, or any other Applicant to refrain from presenting information and that the prospective provider has not in any manner sought by collusion to secure an advantage. (b) The Applicant has not paid or agreed to pay any fee or commission, or any other thing of value contingent upon the award of an exclusive operating area, to any employee, official, or existing contracting consultant of the City of Hayward. 3. All costs of preparation of proposals including travel for any interviews scheduled shall be borne by the applicants. 4. All proposals become the property of the City of Hayward. The City reserves the right to reject any and all submittals; to request clarification of information submitted; to request additional information from competitors; and to waive any irregularity in the submission and review process. None of the materials submitted will be returned to the bidder. 5. Information or materials submitted in response to this application will be stored on file with the City of Hayward, and may subject to the requirements of the California Public Records Act, or subject to public disclosure as ordered by a court of law. Proposed security plans shall be considered confidential. 6. The City reserves the right to request additional information not included in this application from any or all applicants. 7. The City reserves the right to contact references not provided in the submittals. 8. The City reserves the right to incorporate its standard agreement language into any contract resulting from this application. November 13, 2018 CCC BOS Minutes 102 COMMERCIAL CANNABIS PERMIT - DECEMBER 2017 4 Application Form / Required Content Applicants must complete all the sections below and stay within the page limits specified. Applicant Information No page limit  Information on Applicant o Name (full, legal name) o Title o DOB o SS# o Valid California driver’s license # or ID#, or other form of government-issued ID o All other names used in the past:  If Applicant is corporation, nonprofit, or other business entity: o Full, true name of business: _________ o Doing Business As (DBA): _________ o Type of Corporate Structure  Corporation  Limited Liability Company  Partnership  Individual  Nonprofit  Collective  Other: __________ o Attach a copy of State registration  Contact Information: o Mailing Address o Primary phone number; alternate phone number o Email address: Co-Applicant Information No page limit Please provide the following information for each member of the Applicant Team, as defined in the application instructions. Attach additional pages if necessary. Last Name: First Name: Middle Initial: Alias(es): Title: Date of Birth: Phone: Email: Residential Address: City: State: Zip: Business Address: City: State: Zip: November 13, 2018 CCC BOS Minutes 103 COMMERCIAL CANNABIS PERMIT - DECEMBER 2017 5 Proposed Business Types 1-page limit In this section, identify all of the commercial cannabis business permit types you intend to apply for during this application round, and then specify which permit type is being sought through this application.  Identify all of the Commercial Cannabis Permit types that you intend to apply for in the City of Hayward. (Select all that apply). Note that separate applications are required for each cannabis permit type). o Commercial Cannabis Cultivation o Commercial Cannabis Distribution o Commercial Cannabis Manufacturing o Commercial Cannabis Retail Dispensary o Commercial Cannabis Delivery o Commercial Cannabis Microbusiness (Type 12) o Cannabis Testing Laboratory (Note: Cannot be held concurrently with any other commercial cannabis permits)  Identify the Commercial Cannabis Permit type being sought in this application (Select only one): o Commercial Cannabis Cultivation o Commercial Cannabis Distribution o Commercial Cannabis Manufacturing o Commercial Cannabis Retail Dispensary o Commercial Cannabis Delivery o Commercial Cannabis Microbusiness (Type 12) o Cannabis Testing Laboratory: Applicants for Commercial Cannabis Testing Laboratory permits should complete the streamlined application form at www.hayward-ca.gov/ccp. NOTE: Testing laboratory permits cannot be held concurrently with any other commercial cannabis permits.  State Cannabis Licenses: Specify the state cannabis license(s) the Applicant holds or intends to apply for: ______________ Proposed Business Location(s) 1-page limit, not including requested attachments  Have you identified or secured location(s) for your proposed business? o No: _____ o If Yes, list proposed property address(es): ____________________  Description of the proposed location(s):  Have you confirmed that the proposed commercial cannabis business is allowed at this location under the City of Hayward Municipal Code Chapter 10 (Zoning Ordinance)?  Right to Occupy Proposed Location: Check the appropriate box indicating Applicant’s right to occupy proposed location(s) and provide supporting documents if available: o Owner (provide copy of deed) November 13, 2018 CCC BOS Minutes 104 COMMERCIAL CANNABIS PERMIT - DECEMBER 2017 6 o Tenant (provide copy of lease) o Intent to Lease/Purchase (provide letter of intent) o Not yet secured a location  If Applicant is not the owner of the proposed location, provide following information for the current property owner: o Full name, o Residential address, o Phone, o Email, o Proof of consent to operate a commercial cannabis business at the location. Business Plan and Operation 250 points available 10-page limit, excluding requested attachments: Proof of Capitalization and Conceptual Site Plan The Applicant shall submit a summary of the business plan for the day-to-day operation of the proposed commercial cannabis business. The business plan shall include: a. Operations: A description of the day-to-day operations of the commercial cannabis business. This should include, as applicable: i. Description of the proposed cannabis-related products and/or services ii. Projected customer-based iii. Proposed marketing plan iv. Proposed hours of operation v. Type of specialized equipment to be used vi. Whether hazardous materials, including volatile solvents or gases, are proposed to be used as part of the operation vii. List of State licensed transportation and distribution providers serving the facility, if known viii. Anticipated frequency of deliveries servicing the facility ix. For retail establishments, this could also include the design aesthetic and user experience of the dispensary. b. Regulatory Compliance: A description of how operations will conform to applicable state and local laws, as well as the Attorney General's Guidelines. Include copies of state licenses relating to cannabis (including cultivation licenses) that the Applicant holds (where available). c. Startup Activities: A schedule of anticipated first-year start-up activities d. Financials: Provide the following financial information: i. One (1) year of pro forma financial estimates for projected capital and operational costs and product pricing/revenue ii. Proof demonstrating sufficient capital is in place to pay startup costs and at least three (3) months of operating costs. Proof of capitalization shall be in the form of (attachments): 1. Documentation of cash or other liquid assets (e.g., bank statement) 2. Letter of Credit November 13, 2018 CCC BOS Minutes 105 COMMERCIAL CANNABIS PERMIT - DECEMBER 2017 7 iii. Three (3) years of pro forma estimates for operations, including a discussion of the business assumptions used to develop the estimates. Example assumptions include revenue, customer volume, and product costs, compensation of employees, equipment costs, utility costs, and other operation and maintenance costs e. Conceptual Site Plan (attachment), if appropriate: Provide a broad/conceptual site plan for the proposed business(es) with proposed interior and exterior building design and layouts. Management Experience 150 Points Available 5-page limit, excluding resumes The Applicant shall submit: a. An organizational chart with name and role of each known member of the management team. Roles that are known, but unfilled, should also be included in the organizational chart. b. A discussion of the relevant experience of the management team. The application shall include information concerning any special business or professional qualifications or licenses of the management team that would add to the number or quality of services that the commercial cannabis business would provide, especially in areas related to prior cannabis business operations, cultivation/agricultural, or testing experience. c. A discussion on relevant management experience in the Hayward community, if applicable. d. Contact information for references relevant to operation of permitted cannabis businesses in other jurisdictions e. Resumes for each member of the management team in the organization. (3-page limit per resume) Safety and Security Plan 150 points available 10-page limit, excluding sample policy The Applicant shall describe their approach to operational safety and security, including but not limited to: a. General safety policy and protocols, including fire prevention and employee-specific safety policies and training b. General security policies and protocols to be implemented, including: discussion of transactional security, customer security, third-party contractor security, product security and delivery security. Specifics should include discussion of ingress and egress access; perimeter security; internal security measures to restrict and/or control area specific November 13, 2018 CCC BOS Minutes 106 COMMERCIAL CANNABIS PERMIT - DECEMBER 2017 8 access; details on types and functions of various security systems and equipment (lighting plans, surveillance equipment, professionally monitored security alarm system, commercial grade locks etc.); and security personnel to be employed. This discussion must also include a description of how cannabis will be tracked and monitored to prevent diversion. Applicants are encouraged to provide a sample written policy that has been developed. c. Describe whether hazardous materials, including volatile solvents or gases, are proposed to be used as part of the operation. Please list all hazardous materials, including solvents, the Applicant intends on using and how they will be managed. Security plans shall not be made public by the City, unless required by court action. Security plan details that could aid persons who wish to commit security violations shall be considered to be confidential and shall not be released to the public unless ordered by a court of law. If the Applicant is applying for multiple commercial cannabis permits that may be co-located, the Applicant must address any security implications of co-location. Community Benefits Proposal 150 points available 8-page limit The Applicant shall provide a discussion of proposed activities to benefit the City of Hayward and its residents. Applicants are encouraged to be creative, realistic, and specific in their proposals for a Community Benefits Program, and seek to align those proposals with the City’s priorities and needs. Consider including potential metrics for tracking community benefit impacts. Proposals might include themes such as:  Health Education and Prevention Strategies: Activities for both youth and adult health education and substance abuse prevention. Information on local health education and prevention programs can be found at www.hayward-ca.gov/cannabis.  Economic Benefits: Activities to strengthen employment opportunities for Hayward residents, increase revenue to the City, and/or strengthen Hayward’s economic dynamism.  Alignment with City of Hayward Strategic Initiatives: Proposals that help to strengthen and advance the City of Hayward’s existing strategic initiatives, described here: https://www.hayward-ca.gov/your-government/city-council.  Neighborhood Benefits or Improvements: Steps your business will take to support the needs of the adjacent community. Applicants are encouraged to review the Community Services Commission requests from non-profit entities for ideas on providing neighborhood benefits. This information can be found at: https://www.hayward-ca.gov/your-government/programs/social-service-program- grants  Community Outreach and Support: Describe the neighborhood/community outreach strategies you will employ to build and/or maintain any support in the community for your business proposal. Describe who is designated as being responsible for outreach and communication with the surrounding community, including the neighborhood and businesses, and how the designee can be contacted. November 13, 2018 CCC BOS Minutes 107 COMMERCIAL CANNABIS PERMIT - DECEMBER 2017 9 Product Testing and Safety 100 points available 5-page limit The Applicant shall describe how the commercial cannabis business will ensure product quality by testing for biological and chemical contaminants pursuant to state and federal standards for food, drugs or tobacco. The Applicant must also submit a discussion regarding proposed inventory management plan and tools, and description of data management systems used for inventory and recordkeeping as well as discussion of consumer safety as required by state and/or local laws. The Applicant shall also submit a discussion regarding the product labeling standards to be employed and how they will be in compliance with state and local laws, regulations, and policies. Environmental Plan 100 points available 5-page limit The Applicant shall provide a discussion of their Environmental Plan, including the following elements:  Neighborhood Impact Mitigation: Demonstrate how the business will minimize and mitigate any nuisance and/or negative impacts on the surrounding community, including noise, increased foot and vehicle traffic, increased waste production and water usage, and increased safety concerns, among others.  Waste: Discuss how industrial waste will be disposed of.  Water: Discuss how the business will conform to all design guidelines, promote water conservation, and avoid or minimize any potential adverse environmental effects on water.  Odor Control: Discuss how the Applicant will prevent unpleasant odors from escaping from the buildings, such that the odor cannot be detected by a reasonable person of normal sensitivity outside the buildings.  Energy Efficiency and Sustainability: Provide examples of ‘green’ practices such as energy efficiency and renewable energy, the use of green building measures, and conservation and recycling/reuse programs, among others. If the Applicant is applying for multiple commercial cannabis permits that may be co-located, the Applicant must address the environmental implications of co-location. November 13, 2018 CCC BOS Minutes 108 COMMERCIAL CANNABIS PERMIT - DECEMBER 2017 10 Labor and Employment Practices 100 points available 5-page limit, excluding requested attachments The Applicant shall submit a description of their labor and employment practices. These policies and practices could include, but are not necessarily limited to, the following: a. Hiring Plan: Describe the overall Hiring Plan. b. Labor Peace Agreement: If applicable, please certify that the Applicant has a Labor Peace Agreement in place, or is planning to negotiate one. Include copy of agreement, if available. i. Pre-existing recognition from a certified labor union or being party to a collective bargaining agreement with a certified labor union should be submitted if available. c. Local Hiring Preference: Discuss any policies or plans for hiring that would give preference to residents of Hayward. d. Training and Continuing Education: Discuss the introductory and ongoing training opportunities that will be provided to employees. e. Living Wage: Discuss any plans or policies related to providing a "living wage" to facility staff and employees. An estimated wage scale should be provided for all levels of employment at the facility. f. Non-Discrimination: Provide evidence of commitment to Equal Benefits and sign a Declaration of Non-Discrimination g. Worker’s Compensation: Provide evidence of worker’s compensation protections, etc. November 13, 2018 CCC BOS Minutes 109 COMMERCIAL CANNABIS PERMIT - DECEMBER 2017 11 Applicant Certification I certify under penalty of perjury under the laws of the State of California, that I have personal knowledge of the information contained in this application, and that the information contained herein is true and correct. Signature: _______________________________________ Date: _____________________ The information contained on this document is subject to disclosure under the Public Records Act. November 13, 2018 CCC BOS Minutes 110 COMMERCIAL CANNABIS PERMIT - DECEMBER 2017 12 FOR OFFICE USE ONLY: Received by: _______________________________ Date: _______________ Receipt #: _______________________________________ November 13, 2018 CCC BOS Minutes 111 REQUEST FOR PROPOSALS For CANNABIS BUSINESS OPERATING PERMIT April 23, 2018 Due Dates:  Letter of Intent, May 14, 2018, 4:00 p.m.  Response to the Request for Proposals, June 11, 2018 at 4:00 p.m. November 13, 2018 CCC BOS Minutes 112 City of Alameda Request for Proposals for Cannabis Business Operating Permit 2 I. SUMMARY OF CANNABIS REQUEST FOR PROPOSALS The City of Alameda seeks to issue a limited number of permits for Cannabis Businesses through a Request for Proposals (RFP) process. The RFP process will result in selected businesses securing eligibility to apply for a Cannabis Business Operator’s Permit (CBOP). The successful proposers will have an opportunity to apply for CBOP in the following areas:  Nursery Cultivation – One (1) Permit Available  Manufacturing – Four (4) Permits Available  Medicinal Retail Dispensary – Two (2) Permits Available Distribution permits may be granted along with nursery cultivation and manufacturing permits. Delivery permits may be granted with medicinal dispensary permits. In order to apply for and receive a CBOP in one of the above designated areas, the cannabis business operator must have control over a physical location outside of designated cannabis buffer zones for sensitive uses. Receiving an award to apply for a CBOP does not constitute an entitlement approval. All awardees must submit a CBOP application and apply for and receive a land use permit, State license, and other regulatory approvals. The RFP process will be a two-part process as described herein. Businesses responding to the RFP are required to submit a Letter of Intent (LOI) and, if required a proposal. Businesses who are applying for more than one permit must submit a Letter of Intent (LOI) and, if required, a proposal for each permit. II. INTRODUCTION Alameda, California is known as the Island City and is often referred to as the “Jewel by the Bay.” This unique community of approximately 78,600 residents in the San Francisco Bay Area is connected to the East Bay mainland by four bridges and two subterranean tubes, and by ferry service to San Francisco. The Oakland International Airport/FedEx Bay Area hub is seven miles away from downtown Alameda and less than 15 minutes by car from Alameda’s major business parks. The City is centrally located near main transportation arteries. Bay Area Rapid Transit (BART) stations are minutes away by bus, shuttle, or car. The AC Transit Transbay bus line to San Francisco runs every weekday in 15 to 30 minutes intervals during commute hours. The community is proud of its history and small-town charm, with an abundance of tree- lined streets, two main street, two business parks, working and recreational marinas, good public schools in safe and walkable neighborhoods, well-maintained historic districts and many innovative and acclaimed companies. Businesses such as Penumbra, Peet’s Coffee & Tea roasting facility, Makani-Google, Abbott Diabetes Care and VF Outdoor (North Face) are located here. Alameda is also home to the College of Alameda and is in November 13, 2018 CCC BOS Minutes 113 City of Alameda Request for Proposals for Cannabis Business Operating Permit 3 close proximity to the University of California, Berkeley and California State University, East Bay. For population and other general information about the City, please see the “At A Glance” brochure (Attachment 1). III. BACKGROUND On November 7, 2017, City Council adopted the Cannabis Businesses ordinance. This ordinance became effective December 21, 2017. The ordinance allows for the following businesses:  No more than two (2) Medicinal Dispensary/Retailer Permit(s) for medicinal cannabis or medicinal cannabis products may be issued at any given time, subject to the applicable permit types, dispersion requirement, and zoning restrictions. Delivery to the consumer of cannabis or cannabis products for adult-use by such Medicinal Dispensary/Retail Permittees from the permitted premises is prohibited.  No more than four (4) Manufacturer Permit(s), subject to the applicable permit types and the zoning restrictions, may be issued at any given time.  No more than two (2) Testing Laboratory Permit(s), subject to the applicable permit types and the zoning restrictions, may be issued at any given time.  No more than one (1) Nursery Cultivation Permit, subject to the applicable permit types and the zoning restrictions, may be issued at any given time. On December 19, 2017, the City Council adopted an ordinance to amend the Alameda Municipal Code repealing the prohibition on cannabis business activities and specifying the zones where certain types of cannabis businesses may locate in the City. This ordinance became effective January 18, 2018. On April 17, 2018, the City Council adopted Implementing Regulations No. 18-01, which governs this RFP process (Attachment 2). November 13, 2018 CCC BOS Minutes 114 City of Alameda Request for Proposals for Cannabis Business Operating Permit 4 IV. PROPOSED SCHEDULE The City reserves the right to alter the following schedule as necessary. RFP Issued April 23, 2018 Written Questions from Anticipated Responders May 7, 2018 Letter of Intent to Submit RFP (required) May 14, 2018 at 4:00pm City to Issue Letter for Approval to Submit Application to Qualifying Companies in Qualifying Categories May 21, 2018 Answers to Written Questions Issued May 21, 2018 Proposals Due June 11, 2018 at 4:00pm Initial Review Week of June 11, 2018 Interviews (tentative) Week of June 25, 2018 Announcement of Selected Proposers and Letters Issued to Successful Proposers Week of July 9, 2018 V. PROCESS The City will have a two-part process for issuing CBOPs in the following areas: Nursery Cultivation – One (1) Permit Available Nursery Cultivation and Cultivation Distribution Permit1  Cultivation Permit: A Cultivation Permit is required for all activities for which State law requires a “Type 4” (or “nursery”), or similar license, for cultivation of cannabis solely by a nursery.  Cultivation Distributor Permit: A Distributor Permit is required for all activities for which State law requires a “Type 11,” or similar license, for the distribution of cannabis or cannabis products. Manufacturing – Four (4) Permits Available (four permits can be issued in any combination of Permit 1 and Permit 2 based on the proposals received) Manufacturer Permit Only Manufacturer and Manufacturer Distribution Permit2  Manufacturer Permit 1: A Manufacturer Permit 1 is required for all activities for which State law requires a “Type 6,” or similar license, for the manufacture of cannabis products using nonvolatile or no solvents. 1 All nursery cultivators must maintain a valid Distributor Permit or be linked to a permitted distributor. 2 Distributor permits issued to a manufacturer must be linked with an approved manufacturing location. November 13, 2018 CCC BOS Minutes 115 City of Alameda Request for Proposals for Cannabis Business Operating Permit 5  Manufacturer Permit 2: A Manufacturer Permit 2 is required for all activities for which State law requires a “Type 7,” or similar license, for the manufacture of cannabis products using volatile solvents.  Manufacturer Distributor Permit: A Distributor Permit is required for all activities for which State law requires a “Type 11,” or similar license, for the distribution of cannabis or cannabis products. Medicinal Retail Dispensary – Two (2) Permits Available (two permits can be issued in any combination described below based on the proposals received) Medicinal Retail Dispensary Permit Medicinal Retail Dispensary and Delivery Permits  Medicinal Retail Dispensary Permit: A Dispensary/Retailer Permit is required for all activities for which State law requires a “Type 10,” or similar license, for the sale of Cannabis or Cannabis Products. All businesses planning to respond to the RFP must submit a LOI by May 14, 2018, at 4:00 p.m. The LOI must be submitted in the format outlined in Attachment 3. Late LOIs will be returned unopened to the sender. If the number of LOIs received for a category is less than or equal to the number of permits allocated to that CBOP category, an award letter will be issued to the business(es) in that category, allowing them to apply for a CBOP provided that the business has met the following Minimum Requirements for applying for a CBOP:  Provide a LOI to submit a proposal in the format outlined in Attachment 3  Pay a $1,000 fee deposit to cover the cost of LOI in-take and review by staff  Provide evidence of a secured location for the proposed cannabis business as described in section VI 1. below.  Confirm that the proposed cannabis business location is outside of the buffer zone for sensitive uses, as described in section VI 2. below. The City will reconfirm this minimum requirement when evaluating the submittal. Any business not meeting the Minimum Requirements will be notified and eliminated from the RFP process. Businesses meeting the Minimum Requirements will be listed on the City’s website. If more LOIs are submitted than the number of permits slots in a category, the Cannabis Business must continue to the competitive portion of this RFP process and submit a full proposal as described in section VI below. Following the oral interviews, the top-rated proposals in each category, subject to the cap, will receive a letter awarding them the right to apply for a CBOP. The business must apply within 60 days of receipt of the letter. Once the category is filled, the remaining businesses will be placed on a waiting list that will be valid for one year. If an awardee is unable to November 13, 2018 CCC BOS Minutes 116 City of Alameda Request for Proposals for Cannabis Business Operating Permit 6 secure all of its entitlements within the proposed schedule or within one year, whichever is sooner, the next business on the list will be given the opportunity to apply for a CBOP. VI. PROPOSAL REQUIREMENTS The City is requesting that submitted proposals contain the following information in the ensuing order. This information must be current. Reconfirm that any requested information submitted previously as part of the LOI process is still accurate: 1. Provide Evidence of Secured Location for the Cannabis Business. A real estate letter of intent (RELOI) to lease or buy from an authorized party, a lease, an option to lease or purchase and ownership are acceptable forms of control. Letters of interest of any kind are not acceptable. RELOIs, lease options and leases must clearly and specifically state that the RELOI, lease option or lease is for the type of establishment listed in the proposal. Verify that the RELOI, lease option or lease is for the minimum requirement of two years or longer. A month-to-month lease is not acceptable. Definition of Evidence of Site Control is as follows: Evidence that a location has been secured for the proposed Cannabis Business for a minimum of two years as set forth in the RFP, including without limitation any of the following: Real Estate Letter of Intent: A signed written term sheet, letter of intent, or exclusive negotiating agreement between two or more parties to sell, lease, or sublease property. This document will provide an outline of the terms of the proposed agreement. These terms can be further negotiated but must provide the basis for the proposed written agreement. Real Estate Purchase or Lease Option: This is a signed written agreement for the purchase or lease of a specific piece of real property. With this document, the proposed buyer or lessee gains the exclusive right to purchase or lease the property. Once a potential buyer or lessee has an option to buy or lease a property, the owner cannot sell or lease the property to anyone else during the term of the option. The potential buyer or lessee pays for this option for a specific time period. Purchase Agreement: This is a signed written agreement that a potential buyer will purchase a specific piece of property and the owner cannot sell to anyone else unless the terms of the agreement are not fulfilled. Lease Agreement: This is a signed written agreement that gives a lessee certain rights to use and occupy specific property for a specified period of time. November 13, 2018 CCC BOS Minutes 117 City of Alameda Request for Proposals for Cannabis Business Operating Permit 7 Proof of Ownership: This is a deed that shows that title to the real property belongs to the applicant/proposer. 2. Provide a Statement Confirming that the Cannabis Location is Outside of Buffer Zone for Sensitive Uses. State, to the best of your knowledge, the location secured for your cannabis business operations is outside of the buffer zone for sensitive uses as set forth in section 6-59.10 e. of the Cannabis Business Ordinance 3201. Any proposed business located within the buffer zone for sensitive uses will automatically be disqualified. 3. Provide a Statement of Qualifications. Describe Cannabis Business Owners’ qualification relative to the proposal, including experience running businesses similar to the one proposed, including cannabis and/or non-cannabis businesses. “Cannabis Business Owner” means any of the following: a. Each person having an ownership interest in the Cannabis Business other than a security interest, lien, or encumbrance on property that will be used by the Cannabis Business. b. If the Cannabis Business is a publicly traded company, the chief executive officer or any person with an aggregate ownership interest of twenty percent (20%) or more; or, for non-publicly traded companies, any individual having an ownership interest as defined by State law, including any implementing regulations. c. Each person who participates in the direction, control, or management of, or has a financial interest in, the Cannabis Business. d. Any person with community property rights of an ownership interest is considered a person with ownership interest. e. The information required by this Section shall be confidential, and shall not be subject to public inspection or disclosure except as may be required by federal, state or local law. Disclosure of information pursuant to this Section shall not be deemed a waiver of confidentiality by the applicant or any individual named in the application. The City shall incur no liability for the inadvertent or negligent disclosure of such information. November 13, 2018 CCC BOS Minutes 118 City of Alameda Request for Proposals for Cannabis Business Operating Permit 8 4. Proposal Implementation. Provide verifiable, detailed descriptions and other background information for key individuals and owners of 20% or more of the business. Describe other resources, including financial resources, dedicated to implement this proposal. (Confidential) (500 word maximum) 5. Understanding and Approach. Provide a statement demonstrating the business’ understanding and approach to running the proposed cannabis business and how that approach will integrate the business into the community in which it is located. (500 word maximum) 6. Local Hire Program/Local Ownership/Community Benefit (optional). This section is voluntary. Describe the business’ plan, if any, to maximize the following: a. Local hire program: Proposers may provide a plan demonstrating how they would hire locally. A local hire plan could address: i. A minimum percentage of the business’ employment base hired locally. ii. A recruitment plan for new hires, including outreach methods. iii. The hourly wage of the lowest-paid employee. iv. Estimated number of employees in the first year, second year, third year, fourth year and fifth year. v. Available job pathways. vi. Describe any plans to train employees and promote lower-level employees. vii. Estimated number of full-time and part-time positions in years one through five. (350 word maximum) b. Local ownership: More than 50% ownership of the business by a three- year resident(s) or business owner(s) constitutes local ownership maximum points will be awarded for 100% local ownership. The local owners must provide verifiable information regarding the number of years each owner has lived in, and/or owned a business in, Alameda. If you meet one or both of these standards, specify who each local owner is and how they meet the criteria. (Names are confidential, the composition of how the ownership meets the criteria is not.) Provide verifiable information such as business license information, property tax bills, business name(s) and address(s), and the number of years each owner has lived in and or owned a business(s) in Alameda. c. Community benefit: Describe Cannabis Business Owners’ involvement in community/non-profit organizations in the City of Alameda, Alameda County and/or their community. (350 word maximum) November 13, 2018 CCC BOS Minutes 119 City of Alameda Request for Proposals for Cannabis Business Operating Permit 9 7. Proposed schedule. Provide a schedule for opening your establishment. The schedule should include dates for the following: a. Design review, if applicable b. Signage approval, if applicable c. Issuance of State license(s) d. Issuance of CBOP/Land Use permit e. Issuance of Building permit f. Issuance of other regulatory permits (e.g., EBMUD discharge permit, etc.) g. Completion of construction h. Opening and commencement of operations VII. EVALUATION PROCESS Proposals must fully address the proposal requirements in VI above and the evaluation criteria and scoring rubric in VIII below, as well as contain complete submittals, references and data to verify qualifications. Proposals without sufficient data to provide a complete evaluation will be considered non-responsive. All proposals will be reviewed for compliance with requirements including documented capability to operate a cannabis business in a satisfactory manner. Proposals will be evaluated in accordance with the criteria in section VIII below. City shall employ “blind scoring,” whereby the identities of the owners will not be revealed, when the written proposals are scored. In the event of a tying score, the final slot shall be chosen by a computer-generated random means at the discretion of the Community Development Director. Award will be made to the Proposer offering the most advantageous proposal after consideration of the evaluation criteria set forth below. The City will not be obligated to accept a proposal, but will make an award in the best interests of the City after all proposals have been evaluated. VIII. EVALUATION CRITERIA Minimum Requirements LOI was submitted on or before the May 14, 2018 deadline Pass/Fail RFP review deposit of $6,500 paid on or before the May 14, 2018, 4:00pm deadline to submit proposals Pass/Fail Evidence of a secured location for the cannabis business Pass/Fail Location is outside of cannabis buffer zones for sensitive uses Pass/Fail November 13, 2018 CCC BOS Minutes 120 City of Alameda Request for Proposals for Cannabis Business Operating Permit 10 Evaluation Criteria The table below is a scoring rubric to evaluate proposals received in response to the RFP. The responses will be scored on a zero to 80-point scale, excluding the interview. The proposer must receive a minimum of 75% (60 points) of the total possible points to proceed to the interview process. Interviews will be scored on a zero to 20/24-point scale. The maximum points available, including the interview, is 100 points for non-dispensary applicants and 104 points for dispensary applicants. 1. Statement of Qualifications describing the company’s experience, abilities, knowledge, and overall qualifications to run the type of cannabis business for which it is seeking a CBOP 25 Has proposer provided a detailed description of the company’s experience in operating the same or similar type business? 6 Has proposer provided information that demonstrates the means and skills for operating the proposed business? 6 Has proposer demonstrated via factual information, practical and theoretical experience and the knowledge to run the proposed business? 6 Has the proposer demonstrated that it has the overall qualifications and breadth of knowledge for running the proposed business? 7 2. Verifiable detailed description of persons and type of resources, including financial resources, committed to implement the proposal 20 Has the proposer provided resumes/CVs and other relevant materials, such as authored reports, for and about primary and significant persons that will be responsible for implementing key portions of the proposed business? 6 Has proposer submitted a financial statement, balance sheet, and tax returns that attest to its financial health and ability to finance and operate the proposed business? 6 Has proposer committed to initial investment amounts and shown how it will reinvest in the business over time? 4 Does the proposer show that it is investing in equipment, technology and facilities that are appropriate for the nature of the business? 4 3. Description of company’s understanding of, and approach to, running the cannabis business 15 Has the proposer provided a full description of the proposed business, including proposed staffing levels, products, product types, testing protocols, licensing requirements, etc., demonstrating how it will operate its business? 5 Has the proposer described what methods and means it will take to ensure that the business is integrated into the community? 5 Has the proposer adequately described its overall approach to operational safety as it relates to employees, customers, businesses, and the community? 5 November 13, 2018 CCC BOS Minutes 121 City of Alameda Request for Proposals for Cannabis Business Operating Permit 11 4. Local hire (optional) 5 If a local hire program is proposed, does it contain a viable local hire recruitment plan, including outreach methods? 2 If a local hire program is proposed, does it estimate the number of potential local employees in the first through fifth years? 1 If a local hire program is proposed, does it describe job pathways for its employees, allowing them to be promoted within the company, such as pay for employee(s) tuition or substantially reduce the cost of tuition, etc.? 2 5. Local ownership program (optional) 5 Is more than 50% of the business owned by a three -year Alameda resident(s) and/or business owner(s)? 3 Is more than 75% of the business owned by a three -year Alameda resident(s) and/or business owner(s)? 1 Is 100% of the business owned by a three-year Alameda resident(s) and/or business owner(s)? 1 6. Community benefits 5 Does the proposer have prior involvement in community/non-profit organizations in the City of Alameda, Alameda County and/or their community? Describe. 5 7. Proposed schedule 5 Does the schedule clearly provide realistic milestones for the following items? a. Design review, if applicable b. Signage approval, if applicable c. Issuance of State license(s) d. Issuance of CBOP/Land Use permit e. Issuance of Building permit f. Issuance of other regulatory permits (e.g., EBMUD discharge permit, etc.) g. Completion of construction h. Opening and commencement of operations 3 Does the schedule provide a detailed, comprehensive timeline for starting operations of the business? 2 Total 80 IX. SUBMITTAL INSTRUCTIONS The proposal shall be signed by an individual(s) authorized to execute legal documents on behalf of the Proposer. Failure to provide all required submittals may result in a proposal being found non-responsive and given no consideration. Four (4) hard copies of the proposal and one electronic PDF version of the proposal on a flash drive shall be received in a sealed envelope with a return address, including business name, no later than 4:00 p.m. on Monday, June 11, 2018 to the following address: November 13, 2018 CCC BOS Minutes 122 City of Alameda Request for Proposals for Cannabis Business Operating Permit 12 Alameda City Hall Community Development Department, Room 190 2263 Santa Clara Avenue Alameda, CA 94501 Attention: Lois Butler Late proposals will not be considered and will be returned to the Proposer unopened. The City assumes no responsibility for delays caused by delivery service. Postmarking by the due date will not substitute for actual timely receipt. Any Proposal received prior to the Submittal Date may be modified or withdrawn by written request from the Proposer to the City up to the Proposal Submittal Deadline. X. QUESTIONS For information concerning RFP procedures and regulations (i.e., submission deadline, required forms, etc.), interested parties may contact: Lois Butler Economic Development Manager Alameda City Hall Community Development Department, Room 190 2263 Santa Clara Avenue Alameda, CA 94501 Email: lbutler@alamedaca.gov Phone: 510-747-6894 XI. APPEAL PROCEDURE A Proposer who timely submitted a Proposal may file an appeal as follows: Any Proposer who has timely submitted a Proposal may file an appeal to contest the decision to issue an awarding letter to a Proposer by filing a written appeal which complies with this RFP Section within (5) business days after the Announcement of the Selected Proposer Date listed on the third page of this RFP (as amended by written addenda, if any). Postmarking by the due date will not substitute for actual timely receipt. 1. The appeal must be based on one or more of the following grounds: (i) the selected Proposal does not meet the minimum criteria stated in the RFP or its exhibits; (ii) the selected Proposal is nonresponsive in that it fails to offer all of the information requested in the RFP that have not either been modified or waived by the City; November 13, 2018 CCC BOS Minutes 123 City of Alameda Request for Proposals for Cannabis Business Operating Permit 13 (iii) the RFP or its exhibits were ambiguous or inconsistent in a materially significant way and such ambiguity or inconsistency gave the selected Proposer(s) an unfair competitive advantage; or (iv) the selection process was unfair in that the City failed to follow the stated selection process which gave an unfair competitive advantage to the selected Proposer(s) and the selection process was not modified or waived pursuant to the RFP. 2. The City takes a number of factors into account when making its selection and thus no single factor or criteria can outweigh all the others combined. As such, the following are generally not grounds for a valid appeal: (i) The appellant feels they have more experience than the selected Proposer(s); or (ii) The appellant feels they are better qualified than the selected Proposer(s). 3. The appeal shall contain a full and complete written statement specifying in detail the grounds for the appeal and the facts supporting the appeal. The appeal shall make specific reference to the applicable sections of the RFP, its exhibits and/or sections of the selected Proposal(s). 4. The appeal shall be emailed or hand delivered to the Economic Development Manager at the address and email listed in Section X above with a copy to the selected Proposer(s). If emailed, the following must be in capitalized letters on the subject line of the email: APPEAL OF CANNABIS RFP AWARD: (YOUR COMPANY NAME). 5. The selected Proposer(s) shall have the opportunity to respond in writing to the allegations contained in the appeal within three (3) business days of receipt thereof. The response shall be emailed or hand delivered to the Economic Development Manager at the address and email listed in Section X above with a copy to the appellant. 6. The City Attorney will review the appeal, the response and promptly initiate an investigation. The appellant and all Proposers shall cooperate with any inquiries from the City Attorney’s Office. 7. At the conclusion of the investigation, the City Attorney shall issue a letter to the appellant with a copy to the selected Proposer(s) regarding his/her findings. The role of the City Attorney is to determine whether or not City staff or the review panel followed the selection process outlined in the RFP and whether the RFP materials were materially ambiguous or inconsistent so as to give the selected Proposer(s) an unfair economic advantage. If necessary, the City Attorney can recommend steps to correct the error; recommend ceasing the RFP with the selected appellant (s) and start the RFP process with the next highest scoring Proposer; reject all Proposals and restart the RFP process, or such other remedy as may be in the City’s best interest. November 13, 2018 CCC BOS Minutes 124 City of Alameda Request for Proposals for Cannabis Business Operating Permit 14 8. It is not the role of the City Attorney to second-guess staff or the review panel as to the relative strengths or weaknesses of the submitted Proposals. The City Attorney will not substitute his/her judgment for that of staff or the review panel so long as the RFP process has been substantially followed. XII. ADDITIONAL TERMS AND CONDITIONS A. Nondiscrimination The City will not discriminate against any interested individual, firm or Proposer on the grounds of race, religious creed, color, national origin, ancestry, handicap, disability, marital status, pregnancy, sex, age, or sexual orientation. B. City’s Right to Modify RFP The City reserves the right at its sole discretion to modify this RFP (including but not limited to the requirements and/or the selection criteria) should the City deem that it is in its best interests to do so. Any changes to the proposal requirements will be made by written addendum posted on the City’s website. The failure of a Proposer to read any addenda shall have no effect on the validity of such modification. C. City’s Right to Cancel RFP The City reserves the right at its sole discretion to cancel this RFP in part or in its entirety should the City deem that it is in the City’s best interests to do so. D. City’s Right to Reject All Proposals The City reserves the right, in its sole discretion, to reject all Proposals and not to award the right to apply for a CBOP should the City deem that it is in its best interests to do so. E. City’s Right to Extend RFP Deadlines The City reserves the right to extend any of the deadlines listed on the third page of this RFP by written addenda should the City deem that it is in its best interests to do so. F. Cost of Proposals All costs incurred during proposal preparation or in any way associated with the Proposer’s preparations, submission, presentation or oral interview shall be the sole responsibility of the Proposer. G. Liability for Proposal Errors Proposers are liable for all errors and omissions contained in their Proposals. November 13, 2018 CCC BOS Minutes 125 City of Alameda Request for Proposals for Cannabis Business Operating Permit 15 H. Permits and Licenses Proposers, at their sole expense and at the appropriate time, shall obtain and maintain all appropriate permits, certificates and licenses including, but not limited to, a City Business License, Land Use Permit and CBOP which will be required in connection with their Proposal. I. Fees and Taxes Cannabis businesses are responsible for paying all applicable fees and taxes. It is anticipated that City taxes will be assessed on cannabis businesses in the future. J. Vesting of the Award The awardee must secure all the requisite approvals to begin commencement of operations, including without limitation, obtaining a use permit, business license, and operator’s permit, within their proposed schedule, or one (1) year from the date of the award letter, whichever is sooner. The City Manager may extend this one-year time deadline for “good cause,” as that term is defined in the regulatory ordinance. Attachments 1. At A Glance 2. City Council adopted Implementing Regulations No. 18-01 governing RFP process 3. Letter of Intent (LOI) Outline November 13, 2018 CCC BOS Minutes 126 AT A GLANCE Welcome to the City of Alameda… We have top-tier business parks and retail centers, as well as opportunity sites to bring quality development to our city. We are proud to showcase our quality of life and our community-minded, hometown charm: beautiful tree-lined streets, good public schools in safe and walkable neighborhoods, historic main street retail districts, and a friendliness and warmth virtually unequaled in the Bay Area. Ferry Terminal Ferry Service Airport BART Station Port Oakland Fruitvale BART Oakland International Airport (OAK) FedEx Hub Lake Merritt BART SanFrancisco San Francisco International Airport (SFO) n Bay Area Rapid Transit (BART) - two BART stations within one mile of the island, with shuttle service from major business parks. n Two Ferry Systems - direct service to Jack London Square in Oakland, Pier 41 and the Ferry Building in San Francisco, and the AT&T ballpark. n AC Transit - express transbay bus service to and from San Francisco. n San Francisco-Oakland Bay Bridge - 7-mile trip that can be taken in less than 15 minutes. n Oakland International Airport/FedEx Bay Area Major Hub - just 6.7 miles away from downtown Alameda and less than 15 minutes by car from major business parks. n Amtrak Station and the Capitol Corridor Line - less than 5 miles and under 10 minutes away. Inner Bay Area Location Major Private Sector Employers For more information, contact Economic Development staff at (510) 747-6890, or econdev@alamedaca.gov. Alameda is commuter, business traveler and visitor friendly. We are easily accessible by BART, Amtrak, ferry, plane, highway or bicycle. n Abbot Diabetes Care Inc n Bay Ship & Yacht Company n Cost Plus Corporate Headquarters n Donsuemor n Kaiser Foundation Health Plan n Makani n Penumbra n Perforce Software n Power Engineering Construction Co. n Semifreddi’s Handcrafted Bread & Pastries n Singulex n VF Outdoors (The North Face, Jansport, Timberland) Source: City of Alameda November 13, 2018 CCC BOS Minutes 127 Economy Retail Alameda’s economy includes 5 major industry clusters: i. High tech & advanced manufacturing ii. Specialty beverage and food production iii. Maritime industries iv. Alternative energy/biotech v. Health services BUSINESS PARKS n Marina Village – 1.2 million sq. ft. of multi-tenant office, R&D and high tech facilities in top-rated business park; wide range of space options available with beautiful views of the estuary and East Bay hills. n Harbor Bay Business Park – 1.8 million sq. ft. with more than 40 acres of fully entitled land available for immediate development on the waterfront and only minutes from the Oakland International Airport. n Alameda Point (former Naval Air Station) – for lease and major development opportunities available on 852 acres of prime real estate with stunning views of the Bay and the San Francisco skyline. n Alameda Landing – Planned development of up to 400,000 sq. ft. of shoreline commercial space. ALAMEDA OFFERS THE ONLY BAY-FRONT SITES LARGE ENOUGH FOR THE DEVELOPMENT OF CORPORATE CAMPUSES. LOCAL BUSINESSES Source: California EDD 2016 0 200 400 600 800 1000 0 1000 2000 3000 4000 5000 6000 910 380 143166198 90 75 39 404 Healthcare& EducationBusiness &ProfessionalEating &DrinkingRetailManufacturing& ConstructionHigh Tech &AdvancedTrade &TransportationHospitality& RecreationOther5253 4159 2179 32223265 1475 742 691 4525 Healthcare& EducationBusiness &ProfessionalEating &DrinkingHigh Tech &AdvancedRetailManufacturing& ConstructionHospitality& RecreationTrade/Transportation/UtilitiesOtherCity of Alameda Businesses, 1Q 2016 City of Alameda Employment, 1Q 2016 REGIONAL SHOPPING CENTERS n South Shore Shopping Center – 594,000 sq. ft., open air shopping center: Safeway, Trader Joes, Bed Bath and Beyond, Old Navy, Kohls, and other retailers and eateries. n Alameda Landing – 285,000 sq. ft. shopping center: Target, Safeway, Michael’s, In-N-Out Burger, and and a variety of restaurants. COMMUNITY SHOPPING CENTERS n Bridgeside Shopping Center – 105,000 sq. ft., Nob Hill and additional neighborhood shopping. n Marina Village Shopping Center – 127,000 sq. ft., Lucky’s, CVS. n Harbor Bay Landing – 114,800 sq. ft., Safeway, general retail and restaurants. HISTORICAL MAIN STREET BUSINESS DISTRICTS n Park Street Business District – 356,000 sq. ft., restored art deco movie palace and vibrant evening scene with a variety of eating establishments. n West Alameda Business District – 205,000 sq. ft., locally owned restaurants and cafes. n Neighborhood “Station” Districts – 17 charming retail clusters nestled in Alameda’s residential neighborhoods mostly around historic streetcar stations.Source: CA State Board of EqualizationNovember 13, 2018 CCC BOS Minutes 128 Education HIGHER EDUCATION University of California at Berkeley and California State University in Hayward are in close proximity to Alameda, and provide a skilled workforce for local businesses. College of Alameda, a local community college, provides educational programs and career pathways that meet the needs of local residents and employers. Alameda Unified School District. In November 2016, Alameda citizens voted to extend a school parcel tax with a 74.2% majority. The funds will be used to protect small class sizes, core academic programs, neighborhood schools, and retain excellent teachers. Alameda high schools offer 17 advanced placement courses, and U.S. News & World Report Magazine has recognized Alameda High School as one of the top schools in the nation. Alameda is home to: n 10 elementary schools n 1 K-8 School n 3 Magnet Programs n 3 Middle Schools n 4 High Schools EDUCATIONAL ATTAINMENT (population 25 years and older) Sources: US Census Bureau, American Community Survey 2015; AUSD Website 0 5 10 15 20 25 30 35 40 36% Bachelors Degree 19% Graduate or Professional School Degree Population Sources: American Community Survey 2015; U.S.Census Bureau, Center for Economic Studies; State of California, Department of Finance; Alameda County Registrar of Voters Total estimated population: 78,614 Daytime population: 65,217 Male: 48% Female: 52% Median Age: 41.4 Voter Registration: 46,957 Average Household Income: $117,879 Median Household Income: $92,225 5% 5% 5%4%6%6%7% 14%16%16% 8% 2% 5% POPULATION BY AGE <5 5-9 10-14 15-19 20-24 25-34 35-44 45-54 55-59 60-64 65-74 75-84 >85 Two orMore Races7.6% POPULATION BY ETHNICITY (2015) Some OtherRace2.9% White49.8% American Indian and Alaska Native0.4% Asian30.6% Black or AfricanAmerican7.7% Native Hawaiian or other Pacific Islander 1.0% November 13, 2018 CCC BOS Minutes 129 The City of Alameda was incorporated in1854. Alameda became a Charter City in 1903 and was one of the first cities in California to adopt the Council-Manager form of government, which it retains to the present. Under this structure, the City is governed by a five-member City Council. Programs and services are administered by a City Manager. The City provides a broad range of services including police and fire protection; construction and maintenance of streets, parks, storm drains and other infrastructure; and recreational and cultural activities. n Number of City Employees: 530 full-time employees n Police Department: 122 full-time employees (88 sworn officers) n Fire Department: 108 full-time employees; 4 stations; 3 ambulances n Total Annual Budget: $174.4 million (FY 2016-17) The City owns and operates Alameda Municipal Power (AMP), an electric utility that has been serving the needs of all Alameda residents and businesses for more than 130 years. With a renewable power portfolio that’s among the highest in California, and a reliability record that ensures fewer power outages than 75 percent of utilities nationwide, it’s no wonder that Alamedans rank AMP as one of the best in the state. Recreation Government Total Housing Units 32,042 Total Occupied Housing Units 30,696 Owner Occupied 44.1% Renter Occupied 55.9% Total Net Assessed Valuation FY 2016-17) $11.96B Median Single Family Home Value $928,000 Median Condominium Home Value $695,000 Alameda is known for its beaches, bird refuges, bicycle and pedestrian paths, natural open space, and extensive waterfront picnic areas. Shoreline parks along the San Francisco Bay and the San Leandro Marina extend for more than six miles, offering spectacular views of the San Francisco skyline and the East Bay hills. Alameda also includes more than eight miles of the San Francisco Bay Trail. n Crown Memorial State Beach is recognized by Sunset Magazine as “one of the best spots in the region for windsurfing and kite boarding.” n The second largest concentration of small boat slips (3,400) in northern California offers ample opportunity for recreational boating and water sports. n The 45-hole Chuck Corica Municipal Golf Complex, located adjacent to the Harbor Bay Business Park, is one of the most popular in the East Bay. n 19 neighborhood parks include 16 multi-purpose athletic fields (4 with night lighting), 10 soccer fields, 16 tennis courts, and one bocce ball court. Public swimming is available at Alameda and Encinal High School Swim Centers. n Civic and private groups in Alameda host various community arts including live theater, a light opera, a community band, a historical museum, a Friday night art walk, cultural activities and a diverse community of musicians, writers, craftspersons and artists. Throughout the summer, free concerts are scheduled in various locations. Farmers markets, street festivals, and sand castle contests are regularly scheduled events. AT A GLANCE Sources: U.S. Census Bureau, American Factfinder, 2015; Alameda County Assessors Office; Zillow.com Alameda’s electric rates average nearly 20 percent lower than neighboring communities. For more information, contact Economic Development staff at (510) 747-6890, or econdev@alamedaca.gov. Real Estate November 13, 2018 CCC BOS Minutes 130 November 13, 2018 CCC BOS Minutes 131 November 13, 2018 CCC BOS Minutes 132 November 13, 2018 CCC BOS Minutes 133 November 13, 2018 CCC BOS Minutes 134 November 13, 2018 CCC BOS Minutes 135 November 13, 2018 CCC BOS Minutes 136 November 13, 2018 CCC BOS Minutes 137 November 13, 2018 CCC BOS Minutes 138 November 13, 2018 CCC BOS Minutes 139 Attachment 3 1 February 5, 2018 City of Alameda City Hall 2263 Santa Clara Avenue, Rm. 120 Alameda, CA 94531 Attn: Lois Butler, Economic Development Manager RE: Letter of Intent—Cannabis Request for Proposals Process Dear Ms. Butler: I, the undersigned, attest that I am a duly authorized representative of (name of company), which is identified below: Name of Business (Applicant): Business Address of Applicant: Address of Proposed Location: Assessor’s Parcel Number: I understand that I will be expected to receive all notices at the Business Address of the Applicant. I further consent to receiving notice by email at: ________________________ I am interested in applying for the (name of permit–provide one permit per letter) cannabis permit. Further, I have secured for this business a proposed location at (address) outside of the buffer zones designated by the Alameda City Council. Please find enclosed (state what is enclosed, e.g., a letter of intent to sign a lease, a lease, a purchase option, a purchase agreement, or evidence of ownership of the place where business will be located; a letter of interest is not acceptable) evidencing that I have secured a proposed site for the minimum requirement of two years. I have also arranged for payment of the filing fee of $1,000 deposit (see enclosed receipt). If I am approved to submit an application for a Cannabis Business Operator’s Permit (CBOP), I will apply for this permit within 60 days of the receipt of the letter of authorization from the City of Alameda Community Development Department. I understand that failure to apply for the CBOP within that time period automatically forfeits my opportunity to apply. November 13, 2018 CCC BOS Minutes 140 Attachment 3 2 I further understand that failing to meet any of the requirements of Resolution No._____ or the RFP shall lead to automatic revocation of any award letter. Sincerely, Name Title Enclosures: 1. (e.g., a letter of intent to sign a lease, a lease, a purchase option, a purchase agreement, or evidence of ownership of the place where business will be located) 2. City of Alameda receipt for filing fee deposit November 13, 2018 CCC BOS Minutes 141 REQUEST FOR QUALIFICATIONS APPLICATION FOR CANNABIS DISPENSARY/RETAILER PERMIT Submittals may be mailed or delivered in person to the: City of Emeryville Attn: Economic Development Manager 1333 Park Avenue Emeryville, CA 94608 SUBMITTALS MUST BE RECEIVED BY Friday, October 6, 2017, by 5:00 p.m. DEADLINE TO SUBMIT QUESTIONS REGARDING REQUEST FOR QUALIFICATIONS Email csmalley@emeryville.org by Wednesday, September 20, 2017 by 5:00 p.m. Telephone calls will not be returned. MANDATORY PRE-SUBMITTAL MEETING Monday, September 25, 2017 at 1:30 p.m. City Council Chambers City of Emeryville 1333 Park Avenue Emeryville, CA 94608 November 13, 2018 CCC BOS Minutes 142 This Request for Qualifications (RFQ) is being issued by the City of Emeryville (City) to identify a cannabis business with a storefront qualified to hold a Dispensary/Retailer permit. The City intends for only one cannabis business with a storefront to be eligible to hold a Dispensary/Retailer permit, but reserves the right to decline to issue any permits or to issue more than one permit pursuant to this RFQ. I. Introduction Located at the foot of the San Francisco Bay Bridge, Emeryville is comprised of just 1.2 square miles of land north of Oakland and south of Berkeley. Emeryville is now a regional retail destination and headquarters for major high-tech and biotech corporations, with over 21,000 jobs. As an employment hub, the City values labor-friendly employment practices, which is evidenced by its adoption of local minimum wage, paid sick leave, and fair work week standards. On March 21, 2017, the City Council introduced two separate ordinances to create a local regulatory framework that would create opportunities in Emeryville for the burgeoning cannabis industry. The first ordinance, Ordinance No. 17-002, amended the City’s Planning Regulations to allow for the following commercial cannabis uses: manufacturing, testing, distribution, transport, delivery, research and development, and retail/dispensary. There are no buffer zones for manufacturing, testing, distribution, transport, or research and development. However, cannabis retail/dispensary operations must be located at least 250 feet away from certain sensitive sites. Applicants should note that the State may impose a more restrictive buffer zone of 600 feet from schools for medical cannabis dispensaries and are encouraged to confirm with the State that any site selected may be eligible for a state license. Pursuant to the Planning Regulations, a commercial cannabis business must obtain a conditional use permit from the City’s Planning Commission prior to commencing operations. The second ordinance, Ordinance No. 17-003, requires businesses to obtain an annual permit from the Police Chief, often referred to as an Operator’s Permit. The Police Chief may issue an unlimited number of Operator’s Permits for manufacturing, testing, distribution, transport, delivery, and research and development cannabis businesses, provided that the business has obtained a conditional use permit for its operations in Emeryville. For a Dispensary/Retailer Permit, the City Council has adopted a resolution establishing the procedures. Cannabis businesses with a storefront seeking a Dispensary/Retailer permit must participate in a competitive Request for Qualifications (RFQ) process to obtain a permit. Cannabis businesses without a storefront are exempt from the RFQ process and may obtain a Dispensary/Retailer permit from the Police Chief. The purpose of this RFQ is to determine the cannabis business with a storefront deemed qualified to receive a Dispensary/Retailer permit. Based on the RFQ process, the City Council will determine a cannabis business(s) eligible to obtain a Dispensary/Retailer Permit. The City Council intends to qualify only one cannabis business eligible for a Dispensary/Retailer permit, but reserves the right to decline to qualify any business or to deem more than one business qualified to obtain a Dispensary/Retailer permit. It is envisioned that the Police Chief will issue the Operator’s Permit to the storefront cannabis business qualified by the City Council after the business has obtained the conditional use permit for the site of its operations. November 13, 2018 CCC BOS Minutes 143 II. Applicant’s Response to the RFQ A response to this RFQ must satisfy the following requirements: a. Pre-Submittal Requirements i. All applicants must attend in person a pre-submittal meeting, at which City staff will answer questions on the RFQ and the RFQ process. No questions will be answered by phone or in person, except at this mandatory pre-submittal meeting. ii. Deadline to Submit Questions for Staff’s Consideration: September 20, 2017 by 5:00 p.m. Email questions to csmalley@emeryville.org, with the subject title of “Cannabis RFQ Question”. No questions will be answered by phone or in person, except at the mandatory pre-submittal meeting. Answers to the questions regarding the RFQ will be emailed out to the list of attendees of the pre-submittal meeting by Friday, September 29, 2017. iii. Pre-Submittal Meeting Date and Time (Required): Monday, September 25, 2017 at 1:30 p.m. City Council Chambers City of Emeryville 1333 Park Avenue, Emeryville, CA 94608 Please check in with the Lobby Receptionist and you will be escorted to the City Council Chambers. b. Submittal Requirements i. A complete Operator’s Permit Application, which includes applications from the cannabis business and applications from key individuals, which is included as Attachment 2. ii. Non-refundable fee of $1,831.52 (one thousand, eight hundred, thirty- one dollars and fifty-two cents), plus $447 (four hundred, forty-seven dollars) for each individual who must submit a key individual application. iii. A business plan summary, which shall include all of the following: 1. A description of the cannabis and/or cannabis products to be sold, and whether these products will be medical or recreational purposes or both; 2. A description of the products and services that may be sold at the site; 3. Whether the cannabis and/or cannabis products will be consumed at the site, and if so, the manner of consumption (e.g., smoked, ingested, topical application); 4. A discussion of the proposed business’s intended customer market; November 13, 2018 CCC BOS Minutes 144 5. A discussion of how the proposed business will complement existing industries and/or businesses in Emeryville; 6. A discussion of the proposed business’ hiring and employment practices; 7. A description of anticipated first year start up activities; 8. If a location for the proposed business has been selected, a description of the site; and 9. A description of any other benefits to the Emeryville community offered by the proposed business. iv. A proposed budget, which shall include all of the following: 1. One year pro forma financial estimates of projected capital costs; 2. Three years of pro forma estimates of operations, including a discussion of the business assumptions used to develop the estimates. Examples of assumptions include revenue, customer volume, product costs, personnel costs, equipment costs, utility costs, and other operation and maintenance costs; 3. Proof of capitalization, which includes demonstrating that sufficient capital has been secured to pay the costs associated with the start up costs, and at least three months of operating costs. Proof of capitalization shall be in the form of either documentation of cash or other liquid assets or a letter of credit. 4. The proposed budget shall be considered a document exempt from disclosure under the Public Records Act (Gov. Code, § 6250, et seq.). v. Submittals must be mailed or personally delivered and must be received by 5:00 p.m., Friday, October 6, 2017. Facsimile and emails of submittals will not be accepted. vi. The envelope containing the submittal must be addressed to: City of Emeryville Attn: Economic Development and Housing Manager 1333 Park Avenue Emeryville, CA 94608 The envelope must be sealed and show the applicant’s name and address. If submittals are hand delivered, they may be left with the receptionist at the above-referenced address. Six hard copies of the applicant’s submittal must be included, plus one electronic copy on either a disc or thumb drive. vii. Submittals will not be opened publicly. Any submittal received after the established closing date and time will not be accepted. III. Selection Process Representatives from applicable City departments will evaluate all written submittals received by the closing deadline, and rank them as described in this section. The applicants that receive a higher ranking on the written submittal may be invited for an oral interview with City staff, which will be held on Thursday, October 20, 2017, and which will require payment of an November 13, 2018 CCC BOS Minutes 145 additional fee of $1,352.31 (one thousand, three hundred, fifty-two dollars and thirty-one cents). Applicants selected for an oral interview will be notified by email on Friday, October 13, 2017. The three top ranked applicants will be forwarded to the City Council for final consideration at the Tuesday, November 21, 2017 City Council meeting, in the City Council Chambers, City Hall, 1333 Park Avenue, Emeryville, CA 94608, and for the determination that the applicant is qualified to hold an Operator’s Permit. The Police Chief will ultimately issue the Operator’s Permit to the qualified business, after all other City permits (e.g. conditional use permit) have been obtained. Applicants will be notified of their application being forwarded to the City Council by Friday, November 3, 2017. Applicants will only be contacted if they are progressing to the next phase. Based on the written submittal and any oral presentation, the City will rank the responses based on the attached scoring system. (See Attachment 1.) The City Council has set the following goals for this RFQ: Goal No. 1. Attributes of the Business. The City Council is seeking a dispensary/retail business that will serve a regional customer base, and that will provide a place where customers may consume cannabis on-site. Thus, the Council is seeking a dispensary that will maintain a storefront where customers may visit to purchase cannabis or cannabis products. Goal No. 2. Type of Cannabis. The City Council is open to the selected business selling medical or recreational cannabis or both. Goal No. 3. Community Benefits. The City Council is interested in a business that can offer on- going community benefits that are flexible, and that can address the needs of the City as determined by the Council. Community benefits should be quantifiable, and should identify whether the community benefits offered will create any burdens on City resources. Goal No. 4. Good Neighbor. Emeryville is an urban area, in which residential, commercial and industrial uses must co-exist in close proximity. The Council is seeking a dispensary/retail business that will engage with the community, respect neighbors, and strive to enhance the community in Emeryville. Submittals will be rated and ranked on how well they satisfy, accomplish or further the City Council goals, and therefore, applicants should carefully consider these goals when preparing their submittal, and responses should evidence how the applicants intend to further those goals. IV. City Notices a. Public Records: Except as provided herein, and as required by law, all documents submitted in response to this RFQ become the property of the City, and under the Public Records Act (Gov. Code, § 6250, et seq.) are public records, and as such, may be subject to public review. However, the submittals shall not be disclosed until negotiations are complete and the successful business is deemed qualified. If a proposer claims a privilege against public disclosure for trade secret or other proprietary information, such information must be clearly identified in the submittal. However, the City will comply with the Public Records Act requirements or other legal requirement for disclosure regardless of designation. November 13, 2018 CCC BOS Minutes 146 b. Addenda and Interpretation: No interpretation or the meaning of the specifications or other RFQ documents will be made to any applicant orally. c. Reservation of City’s Rights: The City reserves the right to do any of the following at any time during this process, including but not limited to: i. Reject any or all submittals received; ii. Request clarification of any submitted information: iii. Waive any informalities or irregularities in any submittal; iv. Not issue any permit v. Issue more than one permit; vi. Not select any hearing officer; vii. Cancel this process at any time; viii. Amend this process at any time; ix. Interview applicants prior to being deemed qualified; x. Issue similar RFQ’s or Requests for Proposals in the future; and xi. Request additional information during this process. V. Issuance of Dispensary/Retailer Permit Once the City Council deems a business qualified to hold a Dispensary/Retailer permit, the Police Chief is authorized to issue the permit for up to one year from the date the City Council deems a business qualified. The Police Chief reserves the right to request updated information prior to the issuance of any permit. The Police Chief will not issue the permit until the qualified business obtains a valid conditional use permit from the Planning Commission for the site of operations. Annual renewals of the permit are within the discretion of the Police Chief. Attachments 1. Rating Criteria 2. Operator’s Permit Application (also available online) The following references, plus additional information, are available at the City’s website: www.emeryville.org/cannabis. 1. Ordinance No. 17-002 (City Planning Regulations) 2. Map of Where Cannabis Sales May Locate in City 3. Map of Where Medical Cannabis Sales May Locate in the City based on State Buffer Zone 4. Ordinance No. 17-003 (Operator’s Permit Regulations) 5. Resolutions related to Issuance of RFQ November 13, 2018 CCC BOS Minutes 147 RATING SHEET FOR CANNABIS DISPENSARY/RETAIL OUTLET REQUEST FOR QUALIFICATIONS (RFQ) Each category ranked on a raw scale of 1 to 10, with 10 being the highest score available. Description of Operations Raw Score (0-10) Multiplication Factor Total Points 1. Does the applicant adequately describe the product type, including whether it will be medicinal or recreational? 1 2. Does the applicant adequately describe anticipated average production amounts (including each product produced by type, amount, process and rate)? 1 3. Does the applicant identify the source(s) of cannabis? 1 4. Does the applicant identify any other products or services to be sold or offered at the site that would enhance the experience for the consumer or otherwise benefit the community? 1 Description of Premises 5. Does the applicant identify a site where a dispensary/retail is allowed, and if so, have they secured the right to occupy the property (e.g., own or lease it)? 1 Security Plan 6. Does the plan adequately address how to prevent individuals from remaining on the premises if they are not engaged in activity related to the business? 1 7. Does the plan adequately establish limited access to cannabis and cannabis product to both deter and prevent unauthorized access and theft? 1 8. Does the plan describe adequate secured storage of cannabis and cannabis products in a manner to prevent diversion, theft or loss? 1 9. Is the cannabis or cannabis product provided in a tamper proof or tamper evidence packaging? 1 10. Does the plan adequately address how to mitigate off-site impacts such as loitering, noise, odor and driving under the influence? 1 11. Does the plan adequately address how to limit the amount of cash on the premises? 1 12. Does the plan describe an adequate tracking system? 1 Other Licenses 13. Does the business adequately describe how they intend to obtain state licensing? 1 November 13, 2018 CCC BOS Minutes 148 Business Plan Raw Score (0-10) Multiplication Factor Total Points 14. Has the applicant adequately described the intended customer market, and how they intend to reach that market? 1 15. Has the applicant analyzed how their proposed business will complement existing Emeryville industries and businesses? 1 16. Has the applicant proposed using businesses’ hiring and employment practices consistent with Emeryville values? 1 17. How does the applicant intend to include or to serve individuals who come from communities that traditionally have been harmed by the War on Drugs? 1.5 18. Has the applicant offered other benefits to the Emeryville community? 3 19. Does the applicant’s proposed budget submittals, including anticipated first year start up activities, adequately demonstrate financial feasibility for the business if selected as qualified for an Operator’s Permit? 1.5 20. Does the applicant’s proposal adequately address and further the City goals identified in the RFQ? 2 Total Points The City reserves the right to disqualify or deduct points from an applicant’s overall score if the response to any of the questions below is yes. Background Check Yes or No a. Does any member of the applicant team have a felony conviction as specified in Penal Code section 667.5(c)? b. Does any member of the applicant team have a felony conviction as specified in Penal Code section 1192.7? c. Does any member of the applicant team have a felony conviction involving fraud, deceit or embezzlement? d. Does any member of the applicant team have a felony conviction for hiring, employing, or using a minor in transporting, carrying, selling, giving away, preparing for sale, or peddling any controlled substance to a minor, or offering to sell, furnishing, offering to furnish, administering or giving away any controlled substance to a minor? e. Does any member of the applicant team have a felony conviction for drug trafficking with an enhancement pursuant to Health and Safety Code section 11370.4 or 113798? f. Has the cannabis business or any member of the applicant team been sanctioned by a licensing authority or other city or county for unauthorized commercial cannabis activity? g. Would the granting of an Operator’s Permit perpetuate or encourage distribution of cannabis or cannabis products to minors, generation of revenue from the sale of cannabis or cannabis products to fund criminal enterprises, gangs and cartels, diversion of cannabis or cannabis products to jurisdictions outside the state, trafficking of other illegal drugs or facilitating other illegal activity, violence and the use of firearms in the cultivations and distribution of cannabis and cannabis products, the use of public lands in the cultivation of cannabis, or the use of federal property for commercial cannabis activity? November 13, 2018 CCC BOS Minutes 149 I N C O R P O R A T E D 1 8 9 6 1333 Park Avenue. Emeryville, CA 94608-3517 t (510) 596-4300 | f (510) 596-4389 Page 1 of 4 Cannabis Business Background Check Application Form APPLICANT INFORMATION Full Name Email Phone No. Mailing Address City State Zip Code BUSINESS INFORMATION Business Name Business Type Primary Business Owner Secondary Business Owner (if applicable) Mailing Address City State Zip Code Main Phone No. Alternate Phone No. Fax No. SUPPLEMENTAL INFORMATION Designation: ☐ Cannabis Business Owner ☐ Cannabis Key Employee ☐ Delivery Driver “Cannabis Business Owner” is defined as 1) person or entity having an ownership interest in the Commercial Cannabis Business other than a security interest, lien, or encumbrance o n property that will be used by the Commercial Cannabis Business; 2) the chief executive officer or any person or entity of a publicly traded Commercial Cannabis Business with an aggregate ownership interest of five percent (5%) or more; or 3) person who p articipates in the direction, control, or management of, or has a financial interest in, the Commercial Cannabis Business. “Cannabis Key Employee” is defined as an employee of the Commercial Cannabis Business who makes or will make operational or management decisions that directly impact the business. “Delivery Driver” is defined as a person that will deliver Cannabis or Cannabis Product in the City. Such individuals must be at least 21 years of age at the time of submittal of this application. For more information on Cannabis regulations within the City of Emeryville, please refer to Chapter 28 of Title 5 of the Emeryville Municipal Code (www.codepublishing.com/CA/Emeryville). ALL PERSONNEL PLEASE COMPLETE THE FOLLOWING SECTION 1) Have you ever been convicted of a violent felony, as specified in Penal Code Section 667.5(c)? ☐ Yes ☐ No 2) Have you ever been convicted of a serious felony, as specified in Penal Code Section 1192.7? ☐ Yes ☐ No 3) Have you ever been convicted of a felony involving fraud, deceit or embezzlement? ☐ Yes ☐ No 4) Have you ever been convicted of a felony for hiring, employing, or using a minor in transporting, carrying, selling, giving away, preparing for sale, or peddling, any controlled substance to a minor; or selling, offering to sell, furnishing, offering to furnish, administering or giving any controlled substance to a minor? ☐ Yes ☐ No November 13, 2018 CCC BOS Minutes 150 City of Emeryville | Cannabis Business Background Check Application Form Page 2 of 4 5) Have you ever been convicted of a felony for drug trafficking with an enhancement pursuant to Health and Safet y Code Section 11370.4 or 113798? ☐ Yes ☐ No 6) Have you ever been convicted of a crime involving: a) Distribution of Cannabis or Cannabis Products to minors? ☐ Yes ☐ No b) Generation of revenue from the sale of Cannabis or Cannabis Products to fund criminal enterprises, gangs and cartels? ☐ Yes ☐ No c) Diversion of Cannabis or Cannabis Products to jurisdictions outside of the State of California where Cannabis and Cannabis Products are unlawful under state or local law? ☐ Yes ☐ No d) Trafficking of other illegal drugs or facilitation of other illegal activity? ☐ Yes ☐ No e) Violence and the use of firearms in the cultivation and distribution of Cannabis and Cannabis Products? ☐ Yes ☐ No f) The use of public lands in the cultivation of Cannabis? ☐ Yes ☐ No g) The use of federal property for Commercial Cannabis Activity? ☐ Yes ☐ No If you answered “Yes” to any of the questions above, please provide an explanation for each question. November 13, 2018 CCC BOS Minutes 151 City of Emeryville | Cannabis Business Background Check Application Form Page 3 of 4 DELIVERY DRIVERS ONLY 1) Are you required to register as a sex offender under Section 290 of the California Penal Code? ☐ Yes ☐ No 2) Within the past five (5) years from the date of this application, has the Department of Motor Vehicles suspended, revoked, or placed you on probation for a cause involving the safe operation of a motor vehicle? ☐ Yes ☐ No 3) Within the past five (5) years from the date of this application, have you been convicted of any of the following offenses: a) Driving under the influence? ☐ Yes ☐ No b) Reckless driving involving bodily injury? ☐ Yes ☐ No c) Failure to possess a valid driver’s license? ☐ Yes ☐ No d) Any offense punishable as a serious or violent felony? ☐ Yes ☐ No e) Convicted of a crime of theft in either degree? ☐ Yes ☐ No 4) Within the past ten (10) years from the date of this application, have you been convicted of any crime against a person in either degree, or been a prohibited person in a restraining order? ☐ Yes ☐ No 5) Have you ever been convicted of any offense involving moral turpitude? ☐ Yes ☐ No 6) Have you ever been involved in a motor vehicle accident cause death or personal injury within the past two (2) years from the date of this application? ☐ Yes ☐ No 7) Have you been involved in three (3) or more motor vehicle accidents within the past one (1) year immediately preceding the date of this application? ☐ Yes ☐ No If you answered “Yes” to any of the questions above, please provide an expla nation for each question. November 13, 2018 CCC BOS Minutes 152 City of Emeryville | Cannabis Business Background Check Application Form Page 4 of 4 ELECTRONIC FINGERPRINT SCANNING Each Cannabis Business Owner, as well as each key employee that makes or will make operational or management decisions that directly impact the business, shall submit a separate background check application, electronic fingerprint images and related information as required by the Police Chief for the purpose of obtaining information as to the existence and content of a record of state or federal convictions and arrests. DISCLOSURE AND INDEM INIFICATION The information provided in this application shall be confidential, and shall not be subject to public inspection or disclosure, except as may be required by federal, state or local law, or pursuant to valid subpoena or court order. Disclosure of information shall not be deemed a waiver of confidentiality by the applicant or any individual named in the application. The City shall incur no liability for the inadvertent or negligent disclosure or such information. Issued permits are not transferrable . The Police Chief reserves the right to seek additional information from the applicant(s) as allowed under applicable law. I certify, under penalty of perjury, that all of the information contained within this application, and supporting documents as required by the City of Emeryville, is truthful and factual to the extent of my knowledge. Signature Print Name Date Submit application and all supporting documentation to: City of Emeryville Police Department Attn: Police Chief 2449 Powell Street Emeryville, CA 94608 November 13, 2018 CCC BOS Minutes 153 I N C O R P O R A T E D 1 896 1333 Park Avenue. Emeryville, CA 94608-3517 t (510) 596-4300 | f (510) 596-4389 Page 1 of 5 Cannabis Business Permit Application Form SECTION 1. BUSINESS INFORMATION Business Name Business Type Primary Business Owner Secondary Business Owner (if applicable) Mailing Address City State Zip Code Main Phone No. Alternate Phone No. Fax No. SECTION 2. PERMIT SPECIFICATIONS Each Cannabis Business seeking to operate with City of Emeryville limits must first apply and be issued the appropriate permit to operate within the City. The permit is specific to the location with the Commercial Cannabis Activity Business will be operating. Multiple operating locations for the same Cannabis Business will require separate permit applications. Commercial cultivation is not allowed. For more information, please see Chapter 28 of Title 9 of the Emeryville Municipal Code. Please indicate which permit type you are applying for: ☐ Initial Application ☐ Renewal Application ☐ Manufacturer Permit 1 Required for all activities for which either the MCRSA or AUMA requires a Type 6 License. ☐ Manufacturer Permit 2 Required for all activities for with either the MCRSA or AUMA requires a Type 7 License. ☐ Testing Laboratory Permit Required for all activities for which either the MCRSA or AUMA requires a Type 7 License. ☐ Dispensary / Retailer Permit Required for all activities for which either the MCRSA or AUMA requires a Type 10 or 10A License. ☐ Distributor Permit Required for all activities for which either the MCRSA or AUMA requires a Type 11 License. ☐ Transporter Permit Required for all activities for which the MCRSA requires a Type 12 License, and/or for transfers of Cannabis or Cannabis Product from the permitted business location of one licensee in the City, for the purposes of conducting Commercial Cannabis Activity. ☐ Delivery Permit Required for licensed dispensaries, retailers, microbusiness, or a nonprofit allowed under Business and Professions Code Section 26070.5 located outside of the City to deliver to individuals located within the City. ☐ Research and Development Permit Required for all activities related to the research and/or development of Cannabis and Cannabis Products for scientific purposes. November 13, 2018 CCC BOS Minutes 154 City of Emeryville | Cannabis Business Permit Application Form Page 2 of 5 As the State of California develops additional licenses for Cannabis Activities, the Police Chief has the discretion to issue any of the above-referenced permits to the extent the additional licensed or sub- licensed activities are similar to that of any of the permits. No permit shall be issued if the Cannabis Activity is not a permitted land use in the City of Emeryville. SECTION 3. BUSINESS DESCRIPTION Section 3.1. Description of Operations. Please describe the nature of the proposed Commercial Cannabis Activity, product type, average production amounts (including each product produced by type, amount, process and rate), and source(s) of Cannabis. (Additional pages may be attached as necessary; cite the Section Number at the top of each page.) November 13, 2018 CCC BOS Minutes 155 City of Emeryville | Cannabis Business Permit Application Form Page 3 of 5 Section 3.2. Description of Premises. Please provide the address and Assessor’s Parcel Number(s) of the location for the proposed Commercial Cannabis Activity, and the name and contact information for the property owner(s) where the proposed Commercial Cannabis Activity will be located . (Additional pages may be attached as necessary; cite the Section Number at the top of each page.) Section 3.3. Business Security Plan. Please provide a description and documentation of how you will secure the premises 24 hours per day, 7 days per week, and how waste de rived from any Cannabis Commercial Activity will be disposed of in a manner to ensure it may not be utilized for unlawful purposes. The security plan shall include, but is not limited to, 1) preventing individuals from remaining the premises if they are n ot engaged in activity expressly related to the operations of the Cannabis Activity; 2) establishing limited access areas accessible only to authorized personnel, including security measures to both deter and prevent unauthorized entrance into areas containing Cannabis or Cannabis Products, and theft of Cannabis or Cannabis Products; 3) storing all finished Cannabis and Cannabis Products in a secured and locked room, safe, or vault, and in a manner as to prevent diversion, theft and loss, except for limited amounts of cannabis used for display purposes, samples, immediate sale, if applicable; 4) providing tamper proof and tamper evident packaging for finished Cannabis Product; 5) preventing off-site impacts to adjoining or near properties; and 6) limiting th e amount of cash on the premises. (Additional pages may be attached as necessary; cite the Section Number at the top of each page.) November 13, 2018 CCC BOS Minutes 156 City of Emeryville | Cannabis Business Permit Application Form Page 4 of 5 Section 3.4. Tracking System. Please provide a description of how the Cannabis Business will track inventory of Cannabis product from seed to sale. (Additional pages may be attached as necessary; cite the Section Number at the top of each page.) Section 3.5. State and Other Local License Types and Compliance. Please provide a description of specific state and other local Cannabis License(s) that the Cannabis Business either has obtained, or plans to obtain. The Cannabis Business shall describe how it will meet state licensing requirements, and provide supporting documentation as required by the Police Chief. (Additional pages may be attached as necessary; cite the Section Number at the top of each page.) November 13, 2018 CCC BOS Minutes 157 City of Emeryville | Cannabis Business Permit Application Form Page 5 of 5 SECTION 4. CANNABIS BUSINESS OWNERS AND KEY EMPLOYEES Each Cannabis Business Owner, as well as each key employee that makes or will make operational or management decisions that directly impact the business, shall submit a separate background check application, electronic fingerprint images and related information as required by the Police Chief for the purpose of obtaining information as to the existence and content of a record of state or federal convictions and arrests. SECTION 5. FOR CANNABIS BUSINESSES APPLYING FOR DELIVERY PERMIT Cannabis Business must identify all persons and vehicles who will deliver Cannabis or Cannabis Product within the City. All persons delivering Cannabis or Cannabis Product must be at least 21 years of age at the time of submittal of the application. Copies of applicable authorizing state and local licenses and permits issued to Cannabis Business allowing it to engage in Commercial Cannabis Activity must also be submitted to the Police Chief. Delivery Driver Phone No. Vehicle Make Model Year License Plate No. Delivery Driver Phone No. Vehicle Make Model Year License Plate No. Delivery Driver Phone No. Vehicle Make Model Year License Plate No. For additional delivery personnel and/or vehicles, please complete and print a second sheet to include with the application. SECTION 6. DISCLOSURE AND INDEMINIFICATION The information provided in this application shall be confidential, and shall not be subject to public inspection or disclosure, except as may be required by federal, state or local law, or pursuant to valid subpoena or court order. Disclosure of information shall not be deemed a w aiver of confidentiality by the applicant or any individual named in the application. The City shall incur no liability for the inadvertent or negligent disclosure or such information. Issued permits are not transferrable. The Police Chief reserves the right to seek additional information from the applicant(s) as allowed under applicable law. I certify, under penalty of perjury, that all of the information contained within this application, and supporting documents as required by the City of Emeryville, is truthful and factual to the extent of my knowledge. Primary Business Owner Print Name Date Secondary Business Owner (if applicable) Print Name Date Submit application and all supporting documentation to: City of Emeryville Police Department Attn: Police Chief 2449 Powell Street Emeryville, CA 94608 November 13, 2018 CCC BOS Minutes 158 RECOMMENDATION(S): OPEN public hearing on ELIMINATION of a 4/10 Alternate Work Schedule for Employee #75518, Pharmacist II; CLOSE public hearing; and IMPLEMENT regular 5/8 work schedule for specified employee, Pharmacist II. FISCAL IMPACT: None. BACKGROUND: On June 5, 2018, the County received a declaration of impasse and a request for mediation from Teamsters, Local 856, regarding the elimination of a 4/10 Alternate Work Schedule (AWS) for a Pharmacist II. The parties met with SMCS Mediator on August 8, 2018. The employee works at the Martinez Detention Facility where the hours of operation are 8:30am-5pm, Monday-Friday. The employee works a 4/10 schedule, Monday-Thursday and is the only pharmacy staff member with an AWS. In order to align all pharmacy staff members with a 5/8 schedule (5 days per week, 8 hours per day) and to ensure adequate lead responsibilities at the MDF on Fridays, the employee's previous 4/10 schedule will be eliminated and the employee will begin working a 5/8 schedule. CONSEQUENCE OF NEGATIVE ACTION: The Pharmacy Department will not have consistent schedules for all staff reducing effectiveness of unit. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/13/2018 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: Jeff Bailey, Labor Manager 925-335-1017 I hereby certify that this is 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 13, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: Anna Roth, Director of Health Services D.5 To:Board of Supervisors From:David Twa, County Administrator Date:November 13, 2018 Contra Costa County Subject:Public Hearing – Impasse with Teamsters Local 856 regarding Elimination of a 4/10 Alternate Work Schedule for Pharmacist II November 13, 2018 CCC BOS Minutes 159 November 13, 2018 CCC BOS Minutes 160 RECOMMENDATION(S): ADOPT Resolution No. 2018/550 approving and authorizing the Public Works Director, or designee, to fully close the north bound lanes of Danville Boulevard between Orchard Lane and Jackson Way, and to fully close Jackson Way at the intersection with Danville Boulevard, on December 2, 2018 from 4:30 PM through 6:30 PM, for the purpose of Annual Alamo Tree Lighting Event, Alamo area. (District II) FISCAL IMPACT: No fiscal impact. BACKGROUND: Applicant shall follow guidelines set forth by the Public Works Department. CONSEQUENCE OF NEGATIVE ACTION: Applicant will be unable to close the road for planned activities. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/13/2018 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 ABSENT:Federal D. Glover, District V Supervisor Contact: Bob Hendry (925) 674-7744 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 13, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: Bob Hendry -Engineering Services, CHP, Sheriff - Patrol Division Commander C. 1 To:Board of Supervisors From:Brian M. Balbas, Public Works Director/Chief Engineer Date:November 13, 2018 Contra Costa County Subject:Approve & Authorize lane closures on Dec. 2, 2018, between 4:30 PM to 6:30 PM, for the Annual Alamo Tree Lighting, Alamo area. November 13, 2018 CCC BOS Minutes 161 November 13, 2018 CCC BOS Minutes 162 AGENDA ATTACHMENTS Resolution No. 2018/550 MINUTES ATTACHMENTS Signed: Resolution No. 2018/550 November 13, 2018 CCC BOS Minutes 163 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and for Special Districts, Agencies and Authorities Governed by the Board Adopted this Resolution on 11/13/2018 by the following vote: AYE:4 John Gioia Candace Andersen Diane Burgis Karen Mitchoff NO: ABSENT:1 Federal D. Glover ABSTAIN: RECUSE: Resolution No. 2018/550 Approving and Authorizing the Public Works Director, or designee, to fully close the north bound lanes of Danville Boulevard between Orchard Lane and Jackson Way, and to fully close Jackson Way at the intersection with Danville Boulevard, on December 2, 2018 from 4:30 PM through 6:30 PM, for the purpose of Annual Alamo Tree Lighting Event, Alamo area. (District II) RC18-17 NOW, THEREFORE, BE IT RESOLVED that permission is granted to Community Foundation of Alamo to fully close the north bound lanes of Danville Boulevard between Orchard Lane and Jackson Way, and to fully close Jackson Way at the intersection with Danville Boulevard, except for emergency traffic, on December 2, 2018 for the period of 4:30 PM through 6:30 PM, subject to the following conditions: 1. Traffic will be detoured via per traffic control plan reviewed by Public Works. 2. All signing to be in accordance with the California Manual on Uniform Traffic Control Devices. 3. Community Foundation of Alamo shall comply with the requirements of the Ordinance Code of Contra Costa County. 4. Provide the County with a Certificate of Insurance in the amount of $1,000,000.00 for Comprehensive General Public Liability which names the County as an additional insured prior to permit issuance. 5. Obtain approval for the closure from the Sheriff’s Department, the California Highway Patrol and the Fire District. Contact: Bob Hendry (925) 674-7744 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 13, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: Bob Hendry -Engineering Services, CHP, Sheriff - Patrol Division Commander November 13, 2018 CCC BOS Minutes 164 November 13, 2018 CCC BOS Minutes 165 RECOMMENDATION(S): APPROVE and AUTHORIZE the Auditor-Controller, or designee, to issue a payment on behalf of the Public Works Director in the amount of $2,000 from County Service Area R-7 (CSA R-7) payable to the Community Foundation of Alamo for the holiday lights at Andrew H. Young Park, Alamo Area. (District II) FISCAL IMPACT: 100% CSA R-7 funds. BACKGROUND: CSA R-7 residents participate in Alamo’s Annual Tree Lighting Festival each year. The Alamo Tree Lighting Festival is a collaborative effort coordinated by the Community Foundation of Alamo. CSA R-7 contributes the use of Andrew H. Young Park and provides funding to decorate the park with holiday lights. The 2018 Alamo Tree Lighting Festival will take place on Sunday, December 2, 2018 from 4:30 PM – 6:30 PM. The lights will be installed on or after November 15, 2018 and will remain up through January 15, 2019. The CSA R-7 contribution was reviewed by APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/13/2018 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 ABSENT:Federal D. Glover, District V Supervisor Contact: Rochelle Johnson (925) 313-2299 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 13, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: Diana Oyler - Finance , Jennifer Quallick- BOS, Rochelle Johnson - Special Districts, Victoria Skerritt, Special Districts C. 2 To:Board of Supervisors From:Brian M. Balbas, Public Works Director/Chief Engineer Date:November 13, 2018 Contra Costa County Subject:Approve and Authorize the Auditor-Controller to issue a payment of $2,000 to the Community Foundation of Alamo for the holiday lights, Alamo area. November 13, 2018 CCC BOS Minutes 166 BACKGROUND: (CONT'D) the Alamo Municipal Advisory Council (Alamo MAC) at their meeting on October 4, 2018 and a $2,000 contribution from CSA R-7 funds was recommended for this event. CONSEQUENCE OF NEGATIVE ACTION: Without Board approval the quality of this event would be diminished. November 13, 2018 CCC BOS Minutes 167 RECOMMENDATION(S): APPROVE and AUTHORIZE the Director of Airports, or designee, to execute a month-to-month hangar rental agreement with Neil Friedman for a Shade hangar at Buchanan Field Airport effective November 6, 2018 in the monthly amount of $177.07, Pacheco area (District IV). FISCAL IMPACT: The Airport Enterprise Fund will realize $2,124.84 annually. BACKGROUND: On September 1, 1970, Buchanan Airport Hangar Company entered into a 30-year lease with Contra Costa County for the construction of seventy-five (75) hangars and eighteen (18) aircraft shelters/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: 11/13/2018 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 ABSENT: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 13, 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:Keith Freitas, Airports Director Date:November 13, 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 13, 2018 CCC BOS Minutes 168 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 Agreement - Neil Friedman November 13, 2018 CCC BOS Minutes 169 November 13, 2018 CCC BOS Minutes 170 November 13, 2018 CCC BOS Minutes 171 RECOMMENDATION(S): RESCIND Resolution No. 2018/469, adopted September 11, 2018 which accepted as complete the contracted work performed by Ghilotti Construction Company, for the San Pablo and Wildcat Creeks Levee Remediation Project, as recommended by the Chief Engineer, North Richmond area. County Project No. 0662-6R4080, (District I) ADOPT Resolution No. 2018/565 accepting as complete the contracted work performed by Ghilotti Construction Company, for the San Pablo and Wildcat Creeks Levee Remediation Project, as recommended by the Chief Engineer, North Richmond area. County Project No. 7527-6D8740, (District I) FISCAL IMPACT: Project was funded by 63% Department of Water Resources Grant Funds and 37% Local Flood Control District Funds. BACKGROUND: The Chief Engineer reports that said work has been inspected and complies with the approved plans, special APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/13/2018 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 ABSENT: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 13, 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 13, 2018 Contra Costa County Subject:RESCIND Resolution 2018/469 and ADOPT new Notice of Completion of Construction Contract for the San Pablo and Wildcat Creeks Levee Remediation Project November 13, 2018 CCC BOS Minutes 172 BACKGROUND: (CONT'D) provisions and standard specifications and recommends its acceptance as complete as of May 16, 2018. The original resolution incorrectly referenced the wrong project number. CONSEQUENCE OF NEGATIVE ACTION: The contractor will not be paid and acceptance notification will not be recorded. AGENDA ATTACHMENTS Resolution No. 2018/565 MINUTES ATTACHMENTS Signed: Resolution No. 2018/565 November 13, 2018 CCC BOS Minutes 173 Recorded at the request of:Clerk of the Board Return To:Public Works Department, Design/Construction 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 11/13/2018 by the following vote: AYE:John Gioia, District I SupervisorCandace Andersen, District II SupervisorDiane Burgis, District III SupervisorKaren Mitchoff, District IV Supervisor NO: ABSENT:Federal D. Glover, District V Supervisor ABSTAIN: RECUSE: Resolution No. 2018/565 In the Matter of Rescinding Resolution 2018/469 and Accepting and Giving Notice of Completion of Contract for the San Pablo and Wildcat Creeks Levee Remediation Project, North Richmond area. County Project No. 7527-6D8740 (District I) WHEREAS the Board of Supervisors RESOLVES that on May 5, 2017, the County contracted with Ghilotti Construction Company for the work generally consisting of modifying existing concrete flood walls, installing steel sheetpile walls with concrete connectors and reinforced concrete flood walls to meet FEMA free board requirements and eliminate existing levee free board deficiencies on San Pablo and Wildcat Creeks in the North Richmond area, with Liberty Mutual Insurance Company as surety, for work performed on the grounds of the County; and The Chief Engineer reports that said work has been inspected and complies with the approved plans, special provisions and standard specifications and recommends its acceptance as complete as of May 16, 2018. NOW THEREFORE, BE IT RESOLVED said work is ACCEPTED as complete on said date, and the Clerk shall file with the County Recorder a copy of this resolution and Notice as a Notice of Completion for said contract. 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 13, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: November 13, 2018 CCC BOS Minutes 174 November 13, 2018 CCC BOS Minutes 175 RECOMMENDATION(S): DENY claims filed by Audi Concord, Bak Chan, Estetania Copinoza, Christopher Garcia, Vanessa Hill (2), Jessica Pulido, Maria Ramirez, Lyle Sherman, Casey Tholborn, CSAA Ins., a subrogee of Ryan T. Wells, and Zenith Insurance Company for Producer’s Dairy Foods. DENY amended claim field by CSAA, a subrogee of Zachay Aragon. FISCAL IMPACT: No fiscal impact. BACKGROUND: Audi Concord: Property claim for damage to vehicle in undisclosed amount as a result of motor vehicle accident involving a County employee. Bak Chan: Property claim for damage to vehicle in the amount of $1,000 as a result of motor vehicle accident involving a County employee. Estetania Copinoza: Personal injury claim for injury resulting from automobile accident involving a County employee in the amount of $40,000. Christopher Garcia: Personal injury claim for injury resulting from automobile accident with a County employee in the amount of $5,000,000. Vanessa Hill: Property claim for death of dog in the amount of $5,287.43. Claimant alleges her dog was killed by another dog in the Animal Shelter. Jessica Pulido: Personal injury claim for injury resulting APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/13/2018 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 ABSENT: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 13, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stephanie Mello, Deputy cc: C. 5 To:Board of Supervisors From:David Twa, County Administrator Date:November 13, 2018 Contra Costa County Subject:Claims November 13, 2018 CCC BOS Minutes 176 BACKGROUND: (CONT'D) from automobile accident involving a County employee in the amount of $15,000. Maria Ramirez: Personal injury claim for a trip & fall in a pothole in San Pablo in an amount exceeding $25,000. Lyle Sherman: Property claim and personal injury claim for injury resulting from automobile accident involving a County employee in the amount of $55,000. Casey Tholborn: Property claim by employee for loss of prescription sunglasses while on duty in the amount of $172.38 CSAA Insurance a subrogee of Ryan T. Wells: Property claim by insurer for damage to insured’s vehicle in an amount pending as a result of motor vehicle accident involving a County employee. Zenith Insurance Company for Producer’s Dairy Foods: Property claim for damage to vehicle from overgrown trees near roadway in the amount of $31,472.69. CSAA a subrogee of Zachary Aragon: Property claim by insurer for damage to insured’s vehicle in the amount of $2,687.79 as a result of motor vehicle accident with County employee. November 13, 2018 CCC BOS Minutes 177 RECOMMENDATION(S): ACCEPT Board members meeting reports for October 2018. FISCAL IMPACT: No fiscal impact. BACKGROUND: Government Code section 53232.3(d) requires that members of legislative bodies report on meetings attended for which there has been expense reimbursement (mileage, meals, lodging ex cetera). The attached reports were submitted by the Board of Supervisors members in satisfaction of this requirement. District V has nothing to report. CONSEQUENCE OF NEGATIVE ACTION: The Board of Supervisors will not be in compliance with Government Code 53232.3(d). APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/13/2018 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 ABSENT:Federal D. Glover, District V Supervisor Contact: Joellen Bergamini 925.335.1906 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 13, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: C. 6 To:Board of Supervisors From:David Twa, County Administrator Date:November 13, 2018 Contra Costa County Subject:ACCEPT Board members meeting reports for October 2018 November 13, 2018 CCC BOS Minutes 178 ATTACHMENTS District II October 2018 Report District IV October 2018 Report District I October 2018 District III October 2018 Report November 13, 2018 CCC BOS Minutes 179 Supervisor Candace Andersen – Monthly Meeting Report October 2018 Date Meeting Location 1 Hiring Outreach Martinez 1 SWAT Orinda 2 TRAFFIX Danville 8 TWIC Martinez 8 Internal Operations Martinez 9 Board of Supervisors Martinez 10 CCCERA Concord 11 East Bay EDA Walnut Creek 12 BIA Women in the Lead San Ramon 15 Alamo Liaison Danville 15 TVTC San Ramon 16 Board of Supervisors Martinez 16 Saranap Follow up Walnut Creek 18 CCCTA Concord 18 STAND Luncheon Concord 19 Citizen Corps San Ramon 20 Arundo Creek clean up Danville 22 Family & Human Services Martinez 23 Board of Supervisors Martinez 24 Safe Schools Summit Pleasant Hill 24 Rate Setting Meeting CCCSWA Martinez 25 Lafayette Rotary Lafayette 25 CCCSWA Board Walnut Creek 26 Food Bank Forum CalFresh Pleasant Hill 27 Marijuana Summit Walnut Creek 30 BRIIA Tech tour San Ramon 31 Housing Advisory Council Concord November 13, 2018 CCC BOS Minutes 180 EMPLOYEE TRAVEL DEMAND EMPLOYEE NUMBER:CLAIM MONTH: MM/YY (ONE DEMAND PER MONTH) EMPLOYEE NAME: DEPARTMENT: EMP LOCATION ADDRESS:EMP PHONE #: DATE MILES DATE AMOUNT PD TAX REIM TAX NO TAX TOTAL TOTAL TOTAL TOTAL TOTAL EXPENSE CODE 1: MILEAGE DISTRIBUTION ORG OPT MILES DATE ORG TASK OPT ACTIVITY AMOUNT 3-Oct Bridge Toll - Fastrak 1100 $4.00 12-Oct Bridge Toll - Fastrak 1104 $6.00 The undersigned under the penalty of perjury states: That this claim and the items as therein set out are true and correct; That no part thereof has been heretofore paid; and That the amount therein is justly due; and that the same is presented within one year after the last item thereof has accrued. EMPLOYEE'S SIGNATURE DATE SUPERVISOR'S SIGNATURE DATE DEPARTMENT HEAD OR DEPUTY DATE SEE INSTRUCTIONS BELOW 2300 1104 ACCTDESCRIPTION EXPENSE CODE 2: EXPENSE DISTRIBUTION 2300 10 $4.00 $6.00 Bridge Toll - Fastrak Bridge Toll - Fastrak 3-Oct 12-Oct 17 CONCORD-SAN FRANCISCO 231 Board of Supervisors Meeting Toll Lane Groundbreaking 17 12-Oct 58 17 CONCORD-SAN FRANCISCO Board of Supervisors Meeting 8-Oct 3-Oct ABAG Regional Planning TWIC Committee CONCORD-MARTINEZ CONCORD-MARTINEZ Board of Supervisors Meeting 23-Oct 24-Oct Solid Waste Authoirty Meeting 1-Oct 3-Oct 9-Oct CONCORD-MARTINEZ CONCORD-MARTINEZ CONCORD-MARTINEZ CONCORD-MARTINEZ 16-Oct FOR OFFICE USE ONLY FROM/TO PURPOSE ABAG Administrative Committee 15 CONCORD-MARTINEZ FOR AUDITOR'S USE ONLYEXPENSE REIMBURSEMENTTRAVEL DEMAND BY PRIVATE AUTO 37927 10/18 (925) 521-7100 MITCHOFF, KAREN BOS - MITCHOFF (Last Name, First Name) 2151 SALVIO ST., SUITE R, CONCORD ACTIVITY 231 ITEM OF EXPENSE Sign Documents in Clerk's Office 17 58 17 TASK 15 M8154 Rev. 11/09November 13, 2018 CCC BOS Minutes 181 Supervisor John Gioia October - 2018 Monthly Meeting Report Government Code section 53232.3(d) requires that members of legislative bodies report on meetings attended for which there has been expense reimbursement (mileage, meals, lodging, etc.) Supervisor Gioia did not seek reimbursement from the County for any meetings that he attended in his capacity as a County Supervisor during the month of October, 2018. November 13, 2018 CCC BOS Minutes 182 Date Meeting Name Location 1-Oct Meeting with Antioch City Manager, Ron Bernal Brentwood 1-Oct Meeting with East County Voters for Equal Protection Brentwood 1-Oct Phone Meeting with Ryan Hernandez, County Water Agency Brentwood 1-Oct Constituent Meeting Brentwood 1-Oct First 5 Commission Meeting Concord 2-Oct Northern Waterfront Ad Hoc Committee Meeting Martinez 2-Oct Tour of G3 Byron Sand Plant Byron 3-Oct CALAFCO Conference Fish Camp, CA 4-Oct CALAFCO Conference Fish Camp, CA 5-Oct CALAFCO Conference Fish Camp, CA 7-Oct Richard Gonzales 90th Birthday Celebration Byron 8-Oct Byron Airport Site Scan Demonstration Byron 8-Oct Meeting with Public Defenders Office Martinez 8-Oct Internal Operations Committee Meeting Martinez 9-Oct Board of Supervisors Meeting Martinez 9-Oct Contra Costa County Fire Protection District Meeting Martinez 9-Oct Housing Authority Meeting Martinez 9-Oct Phone Meeting with AirMap Martinez 10-Oct Constituent Meeting Martinez 10-Oct Meetng with the Office of Racial Justice Martinez 11-Oct Ag Land Use Meeting Knightsen 11-Oct Meeting with Greenbelt Alliance Brentwood 11-Oct Meeting with Gus Vina, Brentwood City Manager and County Staff Brentwood 11-Oct East Contra Costa Regional Fee & Finance Authority Antioch 11-Oct State Route 4 Bypass Authority Antioch 11-Oct Transplan Committee Meeting Antioch 12-Oct Joint Conference Committee Meeting Martinez 12-Oct Tabernacle of Moses Project Event Brentwood 12-Oct Meeting with Stephen Smith, East Contra Costa Fire Protection District Brentwood 13-Oct Oakley Out of the Darkness Walk Oakley 15-Oct Meeting with the Downtown Street Team, County Staff and Antioch Mayor Sean Wright Brentwood Supervi s or Di ane Burgi s - Oct ober 2018 AB1234 Report ( Gover nment Code Sect i on 53232. 3( d) r equi r es t hat member s l egi s l at i ve bodi es r epor t on meet i ngs at t ended f or whi ch t her e has been expens e r ei mbur s ement ( mi l eage, meal s , l odgi ng, et c) . November 13, 2018 CCC BOS Minutes 183 15-Oct Meetng with 3DR and Keith Freitas from County Airports Brentwood 15-Oct First 5 Commission Meeting Concord 16-Oct Board of Supervisors Meeting Martinez 16-Oct Airport Fire Rescue Training Concord 16-Oct Phone Meeting with County Staff Concord 17-Oct Dutch Slough Event Oakley 17-Oct Delta Protection Commission Sign Unveiling Event Oakley 18-Oct STAND Rebuilding Lives Luncheon Concord 18-Oct Northern Waterfront Meeting Brentwood 18-Oct Fire District Strategic Plan Town Hall Brentwood 19-Oct Advocating on Homelessness Event Antioch 19-Oct Meeting with County Counsel Martinez 20-Oct John Marsh Historic Trust Event Brentwood 20-Oct Brentwood Artist of the Year Event Brentwood 22-Oct Brentwood Non-Profit Working Group Brentwood 22-Oct East Contra Costa County Habitat Conservancy Meeting Oakley 23-Oct Board of Supervisors Meeting Martinez 24-Oct Contra Costa County EMS 3rd Annual Survivors' Reunion Luncheon Walnut Creek 25-Oct Constituent Meeting Brentwood 25-Oct Meeting with Oakley City Manager, Bryan Montgomery Brentwood 25-Oct Phone Meetng with County Staff Brentwood 25-Oct Meeting with Byron Municipal Council Member, Dennis Lopez Brentwood 25-Oct Meeting with Antioch City Councilwoman, Lori Ogorchock Brentwood 25-Oct Phone Meeting with County Homeless, Lavonna Martin and Senator Glazer's office Brentwood 25-Oct Family Violence Prevention Forum Antioch 26-Oct Delta Stewardship Council Meeting West Sacramento 26-Oct Interview with ABC 7 News San Francisco 27-Oct Boy Scout of America Event Antioch 27-Oct Brentwood Hometown Halloween Event Brentwood 30-Oct Meeting with John Muir Health Martinez 30-Oct Meeting with Blackhawk HOA Danville 30-Oct Meeting with Blackhawk Country Club Danville 31-Oct Airport Committee Meeting Concord 31-Oct Meeting with Interim Ag Commissioner Paulson and Assistant Ag Commissioner, Matt Slattengren Martinez 31-Oct Meeting with Hazardous Materials Commission, Michael Kent and District Representatives Martinez 31-Oct Tri-Delta Transit Meeting Antioch November 13, 2018 CCC BOS Minutes 184 * Reimbursement may come from an agency other than Contra Costa County November 13, 2018 CCC BOS Minutes 185 Purpose Business Meeting Business Meeting Business Meeting Business Meeting Business Meeting Business Meeting Business Meeting Business Meeting Business Meeting Business Meeting Community Outreach Business Meeting Business Meeting Business Meeting Business Meeting Business Meeting Business Meeting Business Meeting Business Meeting Business Meeting Business Meeting Business Meeting Business Meeting Business Meeting Business Meeting Business Meeting Business Meeting Community Outreach Business Meeting Community Outreach Business Meeting Supervi s or Di ane Burgi s - Oct ober 2018 AB1234 Report ( Gover nment Code Sect i on 53232. 3( d) r equi r es t hat member s l egi s l at i ve bodi es r epor t on meet i ngs at t ended f or whi ch t her e has been expens e r ei mbur s ement ( mi l eage, meal s , l odgi ng, et c) . November 13, 2018 CCC BOS Minutes 186 Business Meeting Business Meeting Business Meeting Business Meeting Business Meeting Community Outreach Community Outreach Community Outreach Business Meeting Community Outreach Community Outreach Business Meeting Community Outreach Community Outreach Community Outreach Business Meeting Business Meeting Community Outreach Business Meeting Business Meeting Business Meeting Business Meeting Business Meeting Business Meeting Community Outreach Business Meeting Community Outreach Community Outreach Community Outreach Business Meeting Business Meeting Business Meeting Business Meeting Business Meeting Business Meeting Business Meeting November 13, 2018 CCC BOS Minutes 187 * Reimbursement may come from an agency other than Contra Costa County November 13, 2018 CCC BOS Minutes 188 RECOMMENDATION(S): 1. ADOPT Resolution No. 2018/555, initiating proceedings for the formation of a new zone, Zone 2904, within County Service Area P-6, in the unincorporated area of Lafayette. 2. FIX a public hearing for December 11, 2018, at 9:30 a.m., on the formation of Zone 2904 within County Service Area P-6. 3. FIX a public hearing for December 11, 2018, at 9:30 a.m., to consider the adoption of Ordinance 2018-29, which would authorize the levy of a special tax to augment funding for police protection services in proposed Zone 2904, and to authorize submission of the ordinance to the voters for approval at the February 12, 2019, election. FISCAL IMPACT: The cost of establishing the proposed Police Services Special Tax District is paid for by the developer of the subdivision. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/13/2018 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 ABSENT:Federal D. Glover, District V Supervisor Contact: Jennifer Cruz, (925) 674-7790 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 13, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C. 7 To:Board of Supervisors From:John Kopchik, Director, Conservation & Development Department Date:November 13, 2018 Contra Costa County Subject:Resolution of Intention to Form Zone 2904 of County Service Area P-6 in the unincorporated area of Lafayette. (District V) November 13, 2018 CCC BOS Minutes 189 BACKGROUND: Per the conditions of approval for Subdivision 9442 (County File #SD16-9442), the developer of the property located at 4 Diablo Vista Way in the unincorporated area of Lafayette is required to establish a Special Police Services Tax District for the 10-lot subdivision prior to recording the final map for the subdivision. The proposed special tax district would fund an increase in the level of police protection services that is provided in the unincorporated area of Lafayette. Adoption of a resolution of intent to form a new tax district (Resolution No. 2018/555) is required by Government Code Section 25217, subdivision (b), as the first step in forming the proposed zone, which will serve as the vehicle to collect special taxes within the proposed zone if the tax measure is approved by the voters at a February 12, 2019, ballot. The resolution includes information regarding the name and boundaries of the zone, the different level of services to be provided, and the method by which the increased level of service is to be funded. The resolution also directs the Clerk of the Board to publish and mail notice of a public hearing regarding the proposed zone formation. It is recommended that the Board set this hearing for 9:30 a.m. on December 11, 2018. If at the conclusion of that public hearing the Board determines that more than 50% of the total number of voters residing within the proposed zone have filed written objections to the formation, Government Code Section 25217.1, subdivision (b)(1), would require the Board to determine that a majority protest exists and to terminate the proceedings. The proposed police service district currently consists of a single 10.68-acre property owned by Matthew Lawrence Locati Revocable Living Trust, who per the conditions of approval for the subdivision is required to establish the police service district prior to recording the final map. If there is no majority protest and the Board elects to proceed with the formation of the zone, a second public hearing would be required to consider the approval of Ordinance No. 2018-29, pertaining to the proposed levy of a special tax on the subject parcel within Zone 2904 for police protection services and submission of the measure to the voters, pursuant to Government Code Section 50077, subdivision (a). It is recommended that this hearing be set at 9:30 a.m. on December 11, 2018, immediately following the hearing on the zone formation. If the Board thereafter adopts Ordinance 2018-29, then the tax measure would be submitted for placement on a February 12, 2019 ballot. CONSEQUENCE OF NEGATIVE ACTION: If the Board does not approve this item, then Ordinance No. 2018-29 will not be adopted and formation of Special Tax Zone 2904 will not occur, and the Special Tax District will not be established at the December 11, 2018 hearing. AGENDA ATTACHMENTS Resolution No. 2018/555 Exhibit A - Legal Description Exhibit B - Plat Map MINUTES ATTACHMENTS Signed Resolution No. 2018/555 November 13, 2018 CCC BOS Minutes 190 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and for Special Districts, Agencies and Authorities Governed by the Board Adopted this Resolution on 11/13/2018 by the following vote: AYE:4 John Gioia Candace Andersen Diane Burgis Karen Mitchoff NO: ABSENT:1 Federal D. Glover ABSTAIN: RECUSE: Resolution No. 2018/555 RESOLUTION OF INTENTION TO FORM ZONE 2904 OF COUNTY SERVICE AREA P-6 IN THE UNINCORPORATED LAFAYETTE AREA The Board of Supervisors of Contra Costa County RESOLVES: 1. The Board of Supervisors of Contra Costa County proposes the formation of new zone in the unincorporated Lafayette area of County Service Area (CSA) P-6, pursuant to Article 8 of Chapter 2.3 of Part 2 of Division 2 of Title 3 of the California Government Code. 2. The boundaries of the territory to be included in the zone area are described in 'Exhibit A' and shown in 'Exhibit B', both of which are attached hereto and incorporated herein by this reference. 3. The formation of Zone 2904 is proposed to provide the County of Contra Costa with a method of financing an increased level of police protection services to the area within the zone. 4. The proposed zone would provide a level of police protection services that exceeds the level of service outside the zone, and if approved by the voters, the proposed zone would generate additional revenue in the form of special taxes to fund the increase in this level of service. 5. The increase in the level of service would be financed through the levy of a voter-approved special tax on all taxable parcels within the zone. 6. The name proposed for the zone is "Zone 2904" of CSA P-6. At 9:30 a.m. on December 11, 2018, in the Chamber of the Board of Supervisors, County Administration Building, 651 Pine Street, Martinez, CA 94553, this Board will conduct a public hearing upon the proposed formation of Zone 2904 of CSA P-6. The Clerk of the Board is hereby directed to give notice of the public hearing by (1) publishing a notice that complies with Government Code Section 25217, subdivision (d)(1), pursuant to Government Code Section 6061; (2) mailing the notice to all owners of property within the proposed zone; (3) mailing the notice to each city and special district that contains, or whose sphere of influence contains the proposed zone; and (4) verifying that the notice is posted in at least three public places within the territory of the proposed zone. Contact: Jennifer Cruz, (925) 674-7790 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 13, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: November 13, 2018 CCC BOS Minutes 191 November 13, 2018 CCC BOS Minutes 192 November 13, 2018 CCC BOS Minutes 193 November 13, 2018 CCC BOS Minutes 194 November 13, 2018 CCC BOS Minutes 195 November 13, 2018 CCC BOS Minutes 196 APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/13/2018 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 ABSENT:Federal D. Glover, District V Supervisor Contact: Colleen Isenberg, 925-521-7100 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 13, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stephanie Mello, Deputy cc: C. 8 To:Board of Supervisors From:Karen Mitchoff, District IV Supervisor Date:November 13, 2018 Contra Costa County Subject:Recognizing the 100th anniversary of the ending of World War I and the annual commemoration of Veterans Day November 13, 2018 CCC BOS Minutes 197 AGENDA ATTACHMENTS Resolution No. 2018/540 MINUTES ATTACHMENTS Signed Resolution No. 2018/540 November 13, 2018 CCC BOS Minutes 198 In the matter of:Resolution No. 2018/540 Recognizing the 100 th anniversary of the ending of World War I and start of the annual commemoration of Veterans Day on November 11, 1918 at 11am, World War I ended with the signing of the armistice agreement; and Whereas, World War I was supposed to be the war to end all wars; and Whereas, November 11, 1919, President Woodrow Wilson proclaimed the first commemoration of Armistice Day; and Whereas, on May 13, 1938 an act was passed to make November 11th a Federal Holiday dedicated to the cause of world peace and would be known as Armistice Day, which was already celebrated in several states; and Whereas, in 1954 an new act was passed which changed the name from Armistice Day to Veterans Day and it has been celebrated ever since; and Whereas, our veterans have served with honor, courage, and commitment in World War II, Korea, Vietnam, Desert Storm, Afghanistan, Iraq, and other military actions protecting our freedoms since 1918; and Whereas, today, we are reminded of our solemn obligation; to serve our veterans as well as they have served us; and Whereas, our veterans have defended our nation's ideals established by our founding fathers, protected the innocent, and liberated the oppressed from tyranny and terror; and Whereas, the freedom and security enjoyed by Americans is the direct result of the sacrifices of those who have served and who are serving in our Armed Forces; and Whereas, our veterans who fought to protect our democracy are strengthening it back at home. Once leaders in the Armed Forces, they are now pioneers of industry and pillars of their communities. Their character reflects our enduring American spirit, and in their example, we find inspiration and strength; and Whereas, we will never forget the heroes who have made the ultimate sacrifice and all those who have not yet returned home. that the Board of Supervisors of Contra Costa County does hereby recognize and honor 100 years since the ending of World War I and the signing of the Armistice to Agreement in an effort to move towards world peace. Now, be it further resolved, that the Board of Supervisors of Contra Costa County does hereby recognize and honor the men and women of our country, who have served and who are serving, in our Armed Forces of the United States in observance of Veterans Day 2018. ___________________ November 13, 2018 CCC BOS Minutes 199 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 13, 2018 David J. Twa, By: ____________________________________, Deputy November 13, 2018 CCC BOS Minutes 200 C.8 November 13, 2018 CCC BOS Minutes 201 APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/13/2018 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 ABSENT:Federal D. Glover, District V Supervisor Contact: Colleen Isenberg, 925-521-7100 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 13, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stephanie Mello, Deputy cc: C. 9 To:Board of Supervisors From:Karen Mitchoff, District IV Supervisor Date:November 13, 2018 Contra Costa County Subject:Honoring the Veterans Service Representative Jill Martinez November 13, 2018 CCC BOS Minutes 202 AGENDA ATTACHMENTS Resolution No. 2018/552 MINUTES ATTACHMENTS Signed Resolution No. 2018/552 November 13, 2018 CCC BOS Minutes 203 In the matter of:Resolution No. 2018/552 honoring the Veterans Service Representative Jill Martinez Whereas, Jill’s family has a long history of military service: her Grandfather served in the Army in World War I, her father served in the Army in World War II, and other family members served in Korea and Vietnam; and Whereas, currently her son Brian is a Commander in the Navy and she is a proud mom and grandmother; and Whereas, Jill started her career with the county in 1971 and previously worked for social services as a clerk and eligibility worker; and Whereas, she started working in Veterans Service Office in October of 1986; and Whereas, Jill was the first female and non-Veteran to be a Veteran Service Representative in Contra Costa County; and Whereas, she retired from Contra Costa County in March of 2011 and continues as a volunteer Veteran Service Representative; and Whereas, her colleagues appreciate her institutional knowledge and devotion she brings to the team; and Whereas, Jill is known as the subject matter expert on the VA Disability Pension Program; Whereas, she provides numerous presentations to senior centers and care facilities throughout the county; and Whereas, Jill is well versed on county social services and is able to assist in complex cases such as working with our homeless Veterans; and Whereas, Jill enjoys spending her time along the Delta, traveling regularly, but what she enjoys the most is helping Veterans in the community and their families; and Whereas, she has received numerous awards and recognitions from the U.S. Department of Veterans Affairs, Contra Costa County, and veteran service organizations in the community. NOW, THEREFORE, BE IT RESOLVED that the Contra Costa County Board of Supervisors recognizes Jill Martinez and honors her countless volunteer hours and service she provides for our Veterans throughout the county. ___________________ November 13, 2018 CCC BOS Minutes 204 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 13, 2018 David J. Twa, By: ____________________________________, Deputy November 13, 2018 CCC BOS Minutes 205 C.9 November 13, 2018 CCC BOS Minutes 206 APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/13/2018 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 ABSENT:Federal D. Glover, District V Supervisor Contact: Lauri 957-8860 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 13, 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:Candace Andersen, District II Supervisor Date:November 13, 2018 Contra Costa County Subject:Resolution recognizing David Gerson for His Service on the Lafayette School Board November 13, 2018 CCC BOS Minutes 207 AGENDA ATTACHMENTS Resolution No. 2018/560 MINUTES ATTACHMENTS Signed Resolution No. 2018/560 November 13, 2018 CCC BOS Minutes 208 In the matter of:Resolution No. 2018/560 recognizing David Gerson for his Service on the Lafayette School Board. David Gerson has dedicated 8 years of service to the Lafayette School Board, serving as a community leader dedicated to enhancing the quality of life in Lafayette for all residents; and Whereas, David is a 21-year resident of Lafayette, he served as treasurer on the executive board of Springhill Elementary Parent Faculty Club 2008 through 2010 and has been an active parent volunteer for many years; and Whereas, David has also worked tirelessly to serve the community through his work with the non-profit Loaves and Fishes, providing food services to low income county residents; and Whereas, David’s years of service to Lafayette also include serving as Board liaison to Stanley Middle School, the School Transportation/Bus JPA, Curriculum Council, Benefits, and Policy Review; and Whereas, David also serves on the Communications Committee and as a representative at the Lafayette Partners in Education Board meetings. that the Board of Supervisors of Contra Costa County does hereby honor and thank David Gerson for his long-standing dedication to the Lafayette schools and residents. ___________________ 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 13, 2018 David J. Twa, By: ____________________________________, Deputy November 13, 2018 CCC BOS Minutes 209 November 13, 2018 CCC BOS Minutes 210 C.10 November 13, 2018 CCC BOS Minutes 211 APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/13/2018 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 ABSENT:Federal D. Glover, District V Supervisor Contact: 9259578860 I hereby certify that this is 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 13, 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:Candace Andersen, District II Supervisor Date:November 13, 2018 Contra Costa County Subject:Resolution recognizing Rachel Zinn on her Retirement as Superintendent for the Lafayette School District November 13, 2018 CCC BOS Minutes 212 AGENDA ATTACHMENTS Resolution No. 2018/561 MINUTES ATTACHMENTS Signed Resolution No. 2018/561 November 13, 2018 CCC BOS Minutes 213 In the matter of:Resolution No. 2018/561 Rachel Zinn upon her retirement as Superintendent for the Lafayette School District. Rachel Zinn worked in education for 38 years, and retired in August, 2018; and Whereas, Rachel began her career in education in the Antioch School District, working there for 22 years, before coming to Lafayette; and Whereas, Rachel joined the Lafayette School District in 2006 as the director of Curriculum and Instruction before her promotion to Assistant Superintendent; and Whereas, Rachel served as a brilliant instructional leader who led the Lafayette School District for 12 years both as Assistant Superintendent of Curriculum and Instruction, and in her final five years, as the Superintendent of the Lafayette School District; and Whereas, Rachel worked diligently on a number of important issues including the implementation of Common Core Standards, a parcel tax, and expanding student populations. that the Board of Supervisors of Contra Costa County does hereby honor and thank Rachel Zinn for her long-standing dedication to Lafayette students and families. ___________________ 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 13, 2018 David J. Twa, By: ____________________________________, Deputy November 13, 2018 CCC BOS Minutes 214 C.11 November 13, 2018 CCC BOS Minutes 215 APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/13/2018 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 ABSENT:Federal D. Glover, District V Supervisor Contact: 9259578860 I hereby certify that this is 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 13, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stephanie Mello, Deputy cc: C. 12 To:Board of Supervisors From:Candace Andersen, District II Supervisor Date:November 13, 2018 Contra Costa County Subject:Resolution recognizing Teresa Gerringer for her service on the Lafayette School Board November 13, 2018 CCC BOS Minutes 216 AGENDA ATTACHMENTS Resolution No. 2018/562 MINUTES ATTACHMENTS Signed Resolution No. 2018/562 November 13, 2018 CCC BOS Minutes 217 In the matter of:Resolution No. 2018/562 recognizing Teresa Gerringer for her service on the Lafayette School Board. Teresa Gerringer has dedicated 18 years of service to the Lafayette School Board, serving as a community leader dedicated to enhancing the quality of life in Lafayette for all residents; and Whereas, Teresa is a 22-year resident of Lafayette, she began serving on the Lafayette School District Governing Board in 2000, has served three terms as President, and has served on all of the Board committees; and Whereas, As an education advocate and community leader, Teresa has worked tirelessly for the Contra Costa County School Boards Association, serving as Vice-President, and the Lafayette Community Foundation Board Vice-Chair in charge of fundraising; and Whereas, Teresa’s years of service to Lafayette include numerous committees including Lafayette Chamber of Commerce Board Advisor, Lamorinda Transportation JPA board member, Trustee to the Lafayette Library and Learning Center Foundation, and resident of the Las Trampas Creek Council of PTAs; and Whereas, Teresa has been recognized and received awards from the City of Lafayette, the California State PTA, the Lafayette School District and numerous other organizations. that the Board of Supervisors of Contra Costa County does hereby honor and thank Teresa Gerringer for her long-standing dedication to the Lafayette schools and residents. ___________________ 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. November 13, 2018 CCC BOS Minutes 218 ATTESTED: November 13, 2018 David J. Twa, By: ____________________________________, Deputy November 13, 2018 CCC BOS Minutes 219 C.12 November 13, 2018 CCC BOS Minutes 220 RECOMMENDATION(S): ADOPT Resolution No. 2018/567 declaring November 2018 as Homelessness Awareness Month in Contra Costa County. BACKGROUND: Hunger and Homelessness Awareness Week, sponsored by the National Coalition for the Homeless, is November 10-18, 2018. This dedicated week offers the opportunity to call attention to the problems of hunger and homelessness across the nation. Throughout the month of November, the Council on Homelessness will join the national effort to highlight the various housing and homelessness issues in our community and showcase the myriad efforts within the homeless Continuum of Care that is making a real impact on reducing homelessness. In Contra Costa, we are marking this month in a number of ways including; an exhibit of PhotoVoice art by people who have experienced homelessness called “Call for Change” (displayed with the support of the Contra Costa Arts & Cultural Commission) featured in the lobby of the County Administration building; development of a Homelessness Awareness Toolkit to support community engagement on the issue of homelessness through education, advocacy, and service; supporting community member advocacy with their local elected officials on the issue of homelessness; APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/13/2018 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 ABSENT:Federal D. Glover, District V Supervisor Contact: Lavonna Martin, 925-608-6700 I hereby certify that this is 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 13, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stephanie Mello, Deputy cc: Marcy Wilhelm, Jaime Jenett C. 13 To:Board of Supervisors From:Anna Roth, Health Services Director Date:November 13, 2018 Contra Costa County Subject:Homelessness Awareness Month November 13, 2018 CCC BOS Minutes 221 November 13, 2018 CCC BOS Minutes 222 BACKGROUND: (CONT'D) and awarding an Outstanding Landlord, Outstanding Volunteer and Innovative Project/Program for helping improve the lives of people affected by homelessness. The awardees are Outstanding Landlord: Kimberly Pruitt from EPM Living/Martin’s Realty; Outstanding Landlord Honorable Mention: Mark Hall from Hall Equities Group; Outstanding Volunteer: Paula Robinson and Outstanding Volunteer Honorable Mention: Doug Leich and Francis & Celeste Barnes; Innovative Project/Program: Employment and Human Services Senior Housing Workshop; Innovative Project/Program Honorable Mention: C.O.R.E. Outreach Creeks Team. AGENDA ATTACHMENTS Resolution No. 2018/567 Toolkit MINUTES ATTACHMENTS Signed Resolution No. 2018/567 November 13, 2018 CCC BOS Minutes 223 In the matter of:Resolution No. 2018/567 Proclaiming November as Homelessness Awareness Month. WHEREAS, the month of November is recognized as Homelessness Awareness Month in the United States; and WHEREAS, the purpose of the proclamation is to educate the public and advocate with and on behalf of people experiencing homelessness about the many reasons people are homeless, including the shortage of affordable housing in Contra Costa County; and to encourage support for homeless assistance service providers as well as community service opportunities for students and school service organizations; and WHEREAS, there are over twenty organizations in Contra Costa committed to sheltering, providing supportive services, and/or basic resources to people experiencing homelessness; and WHEREAS, the Contra Costa County recognizes that homelessness continues to be a serious problem for many individuals and families in Contra Costa; and WHEREAS, 6,407 individuals accessed homeless services in Contra Costa in 2017; and WHEREAS, 469 families, including 903 minors, accessed homeless services in Contra Costa in 2017 ; and WHEREAS, 57% of homeless veterans in Contra Costa (283 out of 495 homeless veterans) have been homeless for 12 months or more; and WHEREAS there was a 99% increase in seniors (age 62+) accessing homeless services between 2013-2018 (249 more in 2017 than 2013) ; and WHEREAS, Contra Costa has only 24% of shelter capacity needed for single adults; and WHEREAS, in Contra Costa, renters need to earn 4.2 times the state minimum wage to afford the median monthly asking rent of $2,300; and WHEREAS, a report by California Housing Partnership in 2017 found that Contra Costa County needs over 30,000 more affordable rental homes to meet the needs of its lowest income renters; 1 Annual Service Data, Contra Costa Health Services. 2 Annual Service Data, Contra Costa Health Services. 3 Annual Service Data, Contra Costa Health Services. 4 Contra Costa Annual Service data, Contra Costa Health Services (2013-2018) 5 Contra Costa Point In Time Count, 2018, Contra Costa Health Services NOW, THEREFORE, BE IT RESOLVED: that Contra Costa County hereby proclaims November as Homelessness Awareness Month; and BE IT FURTHER RESOLVED that Contra Costa County encourages all residents to recognize that thousands of people in Contra Costa County do not have housing and need support from citizens and private/public nonprofit service entities. ___________________ KAREN MITCHOFF Chair, District IV Supervisor ______________________________________ November 13, 2018 CCC BOS Minutes 224 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 13, 2018 David J. Twa, By: ____________________________________, Deputy November 13, 2018 CCC BOS Minutes 225 PR.1, C.13 November 13, 2018 CCC BOS Minutes 226 2018 Homelessness Awareness Month Toolkit During the month of November, Contra Costa will join national efforts to increase awareness and promote solutions to ending homelessness. Last year over 6,600 homeless men, women, and children in Contra Costa County used homeless services. We each play a part in ending homelessness in our community. Facts About Homelessness What Can I Do? Learn Advocate Service  Come to a community event or Continuum of Care meeting.  Know the statistics of homeless in your community  Learn about our strategies to end homelessness  Talk to your city/town council about options to help address homelessness in your community.  Encourage landlords to learn more about renting to homeless individuals  Forward/repost this toolkit to others interested in homelessness  Donate to the Contra Costa Housing Security Fund  Volunteer with your local church or service provider  Donate items to a local homeless provider 99% increase in seniors (age 62+) accessing homeless service since 2014.i 80% of people who are homelessness in Contra Costa are our neighbors and grew up or lived here before becoming homeless.ii In Contra Costa, renters need to earn almost 4 times the state minimum wage to afford the median monthly asking rent of $2,250.iii Contra Costa has only 30% of shelter capacity needed for single adults and families.iv 2400 Bisso Lane, #D2, Concord, CA / 925-608-6700, homelessprogram@hsd.cccounty.us, /cchealth.org/h3/ November 13, 2018 CCC BOS Minutes 227 November 2018 Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2 3 “A Call For Change”: PhotoVoice Exhibit of Consumer Stories starts Council on Homelessness Meeting Donate to the Contra Costa Housing Security Fund! 4 5 6 7 8 9 10 Research upcoming coat drives in your area. Healthcare for the Homeless Health Fair (Pittsburg) Annual Memorial for the Homeless (Concord) 11 12 13 14 15 16 17 Homelesness Awareness Month Celebration at Board of Supervisors (Martinez) Grab extra toiletries next time you stay at a hotel and donate them when you return. 18 19 20 21 22 23 24 Thanksgiving Multi-faith Celebration & Commitment to Confronting Poverty (Clayton) Coffee and Conversation about Homelessness (Concord) Free Haircuts @ CARE Center (Richmond) Check with local congregations to see if they need help serving food on Thanksgiving. St. Vincent De Paul Thanksgiving Meal (Pittsburg) GRIP Thanksgiving Meal (Richmond) St. Vincent De Paul Coat Drive Kick Off (Walnut Creek) 25 26 27 28 29 30 Clean out your closets this weekend and donate extra clothes Healthcare for the Homeless Health Fair (San Pablo) Community Conversation About Homelessness (Concord) PhotoVoice Exhibit of Consumer Stories ends November 13, 2018 CCC BOS Minutes 228 HOMELESS AWARENESS MONTH EVENTS Below is a list of events that homeless service providers and community agencies in Contra Costa County will be offering during Homeless Awareness Month. THURSDAY, NOVEMBER 1st - NOVEMBER 30th “A Call for Change”: PhotoVoice Exhibit of Consumer Stories First Floor Lobby County Administration Building 651 Pine Street, Martinez For the month of November, the Arts and Culture Commission of Contra Costa will be featuring “A Call For Change”, an exhibit of PhotoVoice artwork that brings together photos and messages from people experiencing homelessness in Contra Costa County. The artwork will be displayed in the lobby of the County Administration Building at 651 Pine Street in Martinez for the month of November. Council on Homelessness Meeting 1 pm – 3 pm San Pablo Library Community Room 13751 San Pablo Ave, San Pablo The Contra Costa Council on Homelessness provides a forum for the Continuum of Care to communicate about the implementation of strategies to prevent and end homelessness. The purpose of the forum is to educate the community on homeless issues, and advocate on federal, state, county and city policy issues that affect people who are homeless or at-risk of homelessness. For more information about the Council on Homelessness, click here: https://cchealth.org/h3/coc/council.php#simpleContained1. THURSDAY, NOVEMBER 8th Healthcare for the Homeless Health Fair 8:00 am-3:30pm Parking lot (look for the large van with the green health services logo) Pittsburg Health Center 2311 Loveridge Road Pittsburg Clinics are open and free to all homeless clients regardless of insurance and immigration status. We will be providing the following services: Flu Shots * Women's Health Services * Substance use services * Mental Health Services Preventative and Primary Care Services * Colon cancer screening * HIV and Hepatitis C Testing * Connection to Medi-Cal, Calfresh/GA, Food bank * Food FRIDAY, NOVEMBER 9th Annual Memorial for the Homeless hosted by Anka Behavioral Health 10 am to 12 pm Concord United Methodist Church 1645 West St, Concord A celebration of life for the homeless men and women who have passed over the last year. Lunch, provided by Church Women United and Anka Behavioral Health to be served immediately following the service. To volunteer or donate, please call Shayne Kaleo at 925-435-3650. November 13, 2018 CCC BOS Minutes 229 TUESDAY, NOVEMBER 13th Homelessness Awareness Month Celebration at Board of Supervisors 9:30 am Contra Costa Board of Supervisors Chambers 651 Pine Street, Martinez Join community members and advocates as we receive a proclamation declaring November Homelessness Awareness Month, present awards to the winners of the Outstanding Landlord, Outstanding Volunteer and Innovation award and celebrate the PhotoVoice exhibit, “A Call For Change”, the artful telling of stories of Contra Costa residents who have experienced homelessness that will be displayed in the lobby of 651 Pine Street in Martinez. SUNDAY, NOVEMBER 18th Thanksgiving Multi-faith Celebration and Commitment to Confronting Poverty 3:30 pm Clayton Valley Presbyterian Church 1578 Kirker Pass Rd, Clayton Please join us as we gather in community with faith leaders from across the County to find inspiration, share gratitude for abundance and commit to confronting poverty. Do you sing in a choir? Would you like to participate in the Thanksgiving Service by singing in a multi-faith choir? Please email contactmfac@gmail.com or just show up at Clayton Valley Presbyterian Church on the same day as the service at 2:00 p.m. MONDAY, NOVEMBER 19th Coffee and Conversation 2 pm – 3 pm Concord Library 2900 Salvio Street, Concord Are you experiencing homelessness? Interested in learning about available services in Contra Costa? Local organizations will be at the Library to talk about how they can help! Coffee and refreshments available for all attendees. Free Haircuts at West County CARE Center Hair cuts from 1pm-5pm West County CARE Center Greater Richmond Interfaith Program (GRIP) 165 22nd Street, Richmond The West County CARE Center will be offering haircuts to homeless consumers following lunch. This event is being sponsored by Curley Miller, local stylist and founder of "From Our Hearts". THURSDAY, NOVEMBER 22nd St. Vincent De Paul Thanksgiving Meal 11 am – 1 pm St. Vincent de Paul Dining Room 2210 Gladstone Drive, Pittsburg November 13, 2018 CCC BOS Minutes 230 Come for a FREE classic Thanksgiving Day meal, including turkey, gravy, mashed potatoes, stuffing, vegetables, rolls& dessert. Gather at 11:00 for hot chocolate, fellowship and a warm coat if needed. GRIP Thanksgiving Meal 11:30 am- 3:00 pm Greater Richmond Interfaith Program (GRIP) 165 22nd Street. Richmond, CA 94801 We will have the honor this year to have our dinner being co-sponsored by Menbere, former owner of Salute Restaurant. She will bring her first class decor and service to the shelter along with celebrity servers that will serve our homeless from the heart. FRIDAY, NOVEMBER 23rd St. Vincent De Paul Coat Drive Kick Off After 10 a.m. Broadway Plaza , Walnut Creek (by the Christmas Tree) If there is still construction going on in the plaza area it will be held at the holiday Ice Rink. For more information contact: Steve Krank at (925) 439-5060 In addition, coats can be dropped off at: St. Vincent de Paul District Office 2210 Gladstone Drive, Pittsburg Last year more than 7,000 coats were collected and distributed! WEDNESDAY, NOVEMBER 28th Healthcare for the Homeless Health Fair 8:00 am-3:30pm Food Barn Parking lot (look for the large van with the green health services logo) 1835 Rumrill Road San Pablo Clinics are open and free to all homeless clients regardless of insurance and immigration status. We will be providing the following services: Flu Shots * Women's Health Services * Substance use services * Mental Health Services Preventative and Primary Care Services * Colon cancer screening * HIV and Hepatitis C Testing * Connection to Medi-Cal, Calfresh/GA, Food bank * Food Community Conversation About Homelessness 4 pm Concord Library 2900 Salvio Street, Concord Join a community conversation about homelessness hosted by the Concord library that will include a panel discussion by homeless service providers and people with lived experience of homelessness. VOLUNTEER OPPORTUNITIES Below is a list of volunteer opportunities with the Contra Costa Council on Homelessness. Some of the opportunities are available throughout the year, and others are specific to the Fall and Winter November 13, 2018 CCC BOS Minutes 231 holidays. LOAVES AND FISHES WHAT Light food preparation, serve hot meal buffet style with other volunteers, cleanup. A fund & rewarding experience. WHEN Pittburg 9:30am to 1:15pm Monday - Friday Antioch 10:15am to 1:00pm Monday - Friday CONTACT Go to http://www.loavesfishescc.org/ or email info@loavesfishescc.org MI CASA WHAT Volunteers to serve as mentors and/or group facilitators for a program for former Foster Youth. WHEN Flexible CONTACT Contact Donna Bell at 916-271-1167 to set up times and dates. MONUMENT CRISIS CENTER WHAT Volunteer in our Food Distribution Program WHEN November CONTACT Email Volunteer@monumentcrisiscenter.org for times or days TRINITY CENTER WHAT For Evening Winter Shelter: − meal prep and serve dinners for up to 35 people For Trinity Center CARE Center: − Sort donations. Clothing and food pantry week day shifts. WHEN For Evening Winter Shelter: need volunteers to cover 7 evenings a week, bag breakfast/lunches for weekend mornings. For Trinity Center CARE Center: Clothing and food pantry week day shifts CONTACT Carol Lombard, our Operations Director carol@trinitycenterwc.org or 925-457-3935 DONATION WISH LIST Below is a list of partner agencies in the Contra Costa Council on Homelessness and their donation wish lists. These are items that can be donated throughout the year. Please also see the last page of November 13, 2018 CCC BOS Minutes 232 the toolkit for suggestions on types of clothing materials that may be best to donate for people living outside. Contra Costa CORE Outreach Teams − Blankets − Hygiene Kits − Gift Cards ( Target, Walmart ) − Shoe (New or slightly used) − Water (Plastic bottle cases) CONTACT: Michael Callanan, CORE Outreach Coordinator at (925) 316-9619 or Michael.callanan@hsd.cccounty.us Contra Costa Housing Security Fund The Contra Costa Housing Security Fund is a community fund that covers costs that can prevent many people, including seniors, veterans and families from getting back into housing and protects property owners who offer these screened renters an opportunity. Resources for Renters Credit Check Application fees Utility deposit Utility arrears Rental Assistance (short term) Security Deposit Resources for Landlords Repair damage to units Pay past-due rent (eviction prevention) Increased security deposit The fund is utilized by service providers in the Contra Costa Homeless Continuum of Care, is managed by the Contra Costa Crisis Center and held by the Contra Costa Regional Health Foundation. All donations are tax-deductible. To donate, go to https://cchealth.org/h3/hsf/ For questions about the fund, please email jaime.jenett@hsd.cccounty.us. Loaves and Fishes − Canned chicken, beef, tuna, hearty soups with protein, chili, beef stews − Cans of vegetables − Low Sugar Cereals − Peanut Butter − Rice, beans, pasta Email eleanor@loavesfishescc.org, or call 925-293-4792 We also welcome cash donations to help fund our program! You can donate now at www.loavesfishescc.org. November 13, 2018 CCC BOS Minutes 233 Mi Casa (Program for Former Foster Youth) − Hygiene items for both genders − School supplies Contact to donate hygiene supplies is Rachel Flores 925-825-1060 ext. 20. To donate school supplies, please contact Donna Bell at 916-271-1167. Monument Crisis Center − New tarps 6x8 or 8x10 − Ready-to-eat food items − P-51 Can openers − Hygiene Kits (shampoo, soap, toothbrush, toothpaste, deodorant, floss) − Feminine Hygiene Products − Grocery Push Carts: https://www.acehardware.com/departme nts/storage-and-organization/shopping- carts/shopping-carts/6204093 CONTACT: Email or call Danny Scherer at dscherer@monumentcrisiscenter.org Go to http://www.monumentcrisiscenter.org/events for more information. St. Vincent De Paul Coat Drive Warm Coats! Coats can be dropped off at St. Vincent de Paul District Office 2210 Gladstone Drive, Pittsburg For more information contact: Steve Krank at (925) 439-5060 The COCOON − Tents sleeping bags − Blankets − Toiletry bags − 5-gallon buckets (for portable personal toilets − Secure food containers (like Igloos) − Trash bags − Work gloves. − Storage space in Richmond for storing supplies CONTACT: Daniel Barth, 510.990.2686 danielrichardbarth@gmail.com The COCOON https://www.facebook.com/groups/376591379529363/ Trinity Center − Toiletries − back packs − tarps − gloves − hats − jackets − ponchos − men and women's pants − warm tops − sweat shirts and sweat pants CONTACT: Carol Lombard, our Operations Director carol@trinitycenterwc.org or 925-457-3935 November 13, 2018 CCC BOS Minutes 234 White Pony Express Clothing Project − Heavy Coats − Hats − Scarves − Boots − Socks − Gloves − Ponchos − Ground cloths − Sleeping bags Bring your donation to our Workshop at 3380 Vincent Road, Suite 101, Pleasant Hill, CA, 94523 (far north end of the complex where there is a raised loading dock and a bell for service) during Workshop hours: • Mon.-Fri.: 3:00—5:00 pm • Tue.: 7:00—9:00 pm • Sat.: 9:00 am—12:00 pm Or call the Hotline 925-322-0604 and leave a message or email dispatcher@whiteponyexpress.org. November 13, 2018 CCC BOS Minutes 235 November 13, 2018 CCC BOS Minutes 236 END NOTES i Contra Costa Annual Service data, Contra Costa Health Services (2013-2018) ii Contra Costa Point In Time Count data, 2018 iii https://1p08d91kd0c03rlxhmhtydpr-wpengine.netdna-ssl.com/wp-content/uploads/2018/04/Contra-Costa- 2018-HNR.pdf iv Contra Costa Point In Time Count data, 2018, Contra Costa Health Services. November 13, 2018 CCC BOS Minutes 237 APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/13/2018 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 ABSENT:Federal D. Glover, District V Supervisor Contact: Gayle Israel, 957-8860 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 13, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stephanie Mello, Deputy cc: C. 14 To:Board of Supervisors From:Candace Andersen, District II Supervisor Date:November 13, 2018 Contra Costa County Subject:Recognizing Steven Falk for his work as the Lafayette City Manager November 13, 2018 CCC BOS Minutes 238 AGENDA ATTACHMENTS Resolution No. 2018/568 MINUTES ATTACHMENTS Signed Resolution No. 2018/568 November 13, 2018 CCC BOS Minutes 239 In the matter of:Resolution No. 2018/568 Recognizing Steven Falk for his work as the Lafayette City Manager. Whereas, Steven Falk has worked for the City of Lafayette since 1990 and held the position of City Manager since 1996; and Whereas, During his tenure in Lafayette, Steve worked with volunteers, staff, and councilmembers to deliver many new public facilities, including the Lafayette Community Park, Buckeye Fields, the Lafayette Police Station, the Lafayette Public Works facility and several parking lots. In one of his first projects as City Manager, Steve helped manage the then-controversial effort to renovate and revitalize the historic Lafayette Plaza; and Whereas, Steve held a keen interest in downtown revitalization, he led the effort to add public art, brick sidewalks, street furniture, median islands, and Lafayette’s distinctive Battery Park streetlights to Mt. Diablo Boulevard, for the last 20 years, he and the Banner Advisory citizens committee have also managed the City’s popular street-pole banner program; and Whereas, One of the hallmarks of Steve’s tenure in Lafayette was an improvement in public communications, he initiated and then, for twenty years, wrote the copy for the Lafayette Vistas, the Weekly Roundup, the Almost Daily Briefing, and Lafayette Listens; and Whereas, Steve Falk’s most significant work for the City of Lafayette was the development of the Veterans Memorial Building and the Lafayette Library and Learning Center, two intertwined projects that took a decade to complete. Working with the hundreds of volunteers, staff members, veterans, consultants, and donors who, together, built these incredible facilities was a highlight of Falk’s tenure in Lafayette. Now, therefore be it resolved that the Board of Supervisors of Contra Costa County does hereby honor and thank Steven Falk for his over two decades of high quality service and attention to the Lafayette residents. ___________________ 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. November 13, 2018 CCC BOS Minutes 240 ATTESTED: November 13, 2018 David J. Twa, By: ____________________________________, Deputy November 13, 2018 CCC BOS Minutes 241 C.14 November 13, 2018 CCC BOS Minutes 242 APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/13/2018 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 ABSENT:Federal D. Glover, District V Supervisor Contact: Gayle Israel, 957-8860 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 13, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stephanie Mello, Deputy cc: C. 15 To:Board of Supervisors From:Candace Andersen, District II Supervisor Date:November 13, 2018 Contra Costa County Subject:recognizing Richard Whitmore as the Superintendent of Lafayette School District November 13, 2018 CCC BOS Minutes 243 AGENDA ATTACHMENTS Resolution No. 2018/569 MINUTES ATTACHMENTS Signed Resolution No. 2018/569 November 13, 2018 CCC BOS Minutes 244 In the matter of:Resolution No. 2018/569 Recognizing Richard Whitmore as the Superintendent of Lafayette School District Whereas, Richard Whitmore was appointed Superintendent of the Lafayette School District on August 6, 2018, rising to the top of an impressive field of candidates based on his passion for providing high quality education for all students, his leadership characteristics, and his finance and advocacy skills necessary in leading the District; and Whereas, Mr. Whitmore has been actively involved in the Lafayette education community for over 20 years, previously serving as the Chief Administration Officer at WestEd, an education research development and service organization and prior to that, serving as the Superintendent in the Los Gatos Union School District; and Whereas, Richard’s extensive education experience includes a long list of dedicated service including finance, technology and special education services, he was the President and Chairman of the Lafayette Arts & Science Foundation, he served on the Acalanes Union High School District Governing Board, he was an active volunteer as his children were educated in the District and has also been active as a coach and volunteer administrator in local youth athletics organizations; and Whereas, Richard will continue to lead the District and help educate the next generation of children in Lafayette, learning more about the ongoing work of the teachers, administrators and staff who serve the students every day. Now, therefore be it resolved that the Board of Supervisors of Contra Costa County does hereby honor Richard Whitmore for his long-standing dedication to the Lafayette schools and residents. ___________________ 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 13, 2018 David J. Twa, By: ____________________________________, Deputy November 13, 2018 CCC BOS Minutes 245 November 13, 2018 CCC BOS Minutes 246 C.15 November 13, 2018 CCC BOS Minutes 247 APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/13/2018 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 ABSENT:Federal D. Glover, District V Supervisor Contact: Gayle Israel, 957-8860 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 13, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stephanie Mello, Deputy cc: C. 16 To:Board of Supervisors From:Candace Andersen, District II Supervisor Date:November 13, 2018 Contra Costa County Subject:Recognizing Don Tatzin upon his retirement from the Lafayette City Council November 13, 2018 CCC BOS Minutes 248 AGENDA ATTACHMENTS Resolution No. 2018/570 MINUTES ATTACHMENTS Signed Resolution No. 2018/570 November 13, 2018 CCC BOS Minutes 249 In the matter of:Resolution No. 2018/570 Recognizing Don Tatzin upon his retirement from the Lafayette City Council Whereas, Don Tatzin has brought his wisdom to every issue facing Lafayette for over 30 years, earning praise as a local leader who listens to and respects everyone he meets; and Whereas, Don Tatzin started as a community volunteer in 1979 when he joined the Parks and Recreation Commission and served as the chairperson in 1982-83; he went on to serve on the Planning Commission in 1984-85; and Whereas, Don Tatzin was first elected to the City Council in November 1985 when he was 33 years old; subsequently Don went on to serve as Mayor six times beginning in 1990, again in 1992, 1997, 2002, 2009,2014 and most recently 2018; and Whereas, Don’s service to Lafayette has been varied and expansive; he has co-chaired a number of Lafayette ballot measure campaign, been the Council liaison to Youth, served on Crime Prevention Commissions, and School Districts; served as a Board Member on the Southwest Area Transportation Committee (SWAT), Contra Costa Transportation Authority (CCTA), County Connection, and the Local Area Formation Commission (LAFCO), the Lafayette Community Foundation and on the Lafayette Library and Learning Center Foundation, along with other committees and commissions; and Whereas, Don is proud of improvements to Lafayette’s downtown and to its streets, and of the library and library spending priorities; he leaves his seat as Mayor especially proud of Lafayette’s fiscal responsibility and its financial health; and Whereas, Mayor Tatzin’s moral leadership and his unwavering transparency has brought him praise as a good public servant at any level of politics; as a 42-year resident of Lafayette he and his wife Ellen have selflessly and tirelessly given back to their beloved community. Now, therefore be it resolved that the Board of Supervisors of Contra Costa County does hereby honor and thank Don Tatzin for 33 years of dedication and loyalty to Lafayette and its residents. ___________________ 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 November 13, 2018 CCC BOS Minutes 250 I hereby certify that this is 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 13, 2018 David J. Twa, By: ____________________________________, Deputy November 13, 2018 CCC BOS Minutes 251 November 13, 2018 CCC BOS Minutes 252 RECOMMENDATION(S): APPOINT the following individual to the District V Seat on the Alcohol & Other Drugs Advisory Board with a term expiring June 30, 2019. Kevin Orozco FISCAL IMPACT: None. BACKGROUND: The function of The Alcohol and Other Drugs Advisory Board provides input and recommendations to the Board of Supervisors and the Health Services Department concerning family and community needs regarding prevention and treatment of alcohol and drug related problems. The mission of the Contra Costa County Alcohol and Other Drugs Advisory Board is to assess family and community needs regarding treatment and prevention of alcohol and drug abuse problems. The board reports their findings and recommendations to the Contra Costa Health Services Department, the Board of Supervisors and the communities they serve. The Alcohol and Other APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/13/2018 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 ABSENT:Federal D. Glover, District V Supervisor Contact: Vincent Manuel (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 13, 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:Federal D. Glover, District V Supervisor Date:November 13, 2018 Contra Costa County Subject:Appoint Kevin Orozco to the Alcohol & Other Drugs Advisory Board November 13, 2018 CCC BOS Minutes 253 November 13, 2018 CCC BOS Minutes 254 BACKGROUND: (CONT'D) Drugs Advisory Board works in collaboration with the Alcohol and Other Drugs Services of Contra Costa Health Services. The board provides input and recommendations as they pertain to alcohol and other drugs prevention, intervention, and treatment services. CONSEQUENCE OF NEGATIVE ACTION: The seat would remain vacant. CHILDREN'S IMPACT STATEMENT: None. November 13, 2018 CCC BOS Minutes 255 RECOMMENDATION(S): ACCEPT the resignation of Kate Salisbury, DECLARE a vacancy in the Youth Representative seat on the Alamo Municipal Advisory Council, effective immediately, and DIRECT the Clerk of the Board to post the vacancy, as recommended by Supervisor Candace Andersen. FISCAL IMPACT: NONE BACKGROUND: The Alamo MAC may advise the Board of Supervisors on services that are or may be provided to the Alamo community by Contra Costa County or other local government agencies. Such services include, but are not limited to, parks and recreation, lighting and landscaping, public health, safety, welfare, public works, code enforcement, land use and planning, transportation and other infrastructure. The Council may also provide input and reports to the District Supervisor, Board of Supervisors, County staff or any County hearing body on issues of concern to the community. The Council may represent the Alamo community before the Board of Supervisors, County Planning Commission and the Zoning Administrator. The Council may also represent the Alamo community before the Local Agency Formation Commission on proposed boundary changes effecting the community. The Council may advocate on parks and recreation issues to the Town of Danville and the San Ramon Valley Unified School District. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/13/2018 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 ABSENT:Federal D. Glover, District V Supervisor Contact: Jill Ray 925-957-8860 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 13, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: District 2 Supervisor, Maddy Book, Alamo MAC, Appointee C. 18 To:Board of Supervisors From:Candace Andersen, District II Supervisor Date:November 13, 2018 Contra Costa County Subject:RESIGNATION FROM THE ALAMO MUNICIPAL ADVISORY COUNCIL November 13, 2018 CCC BOS Minutes 256 BACKGROUND: (CONT'D) Ms. Salisbury graduated from high school and is no longer available to serve in the Youth Representative Seat. CONSEQUENCE OF NEGATIVE ACTION: No new appointment can be made until this seat is vacated. CHILDREN'S IMPACT STATEMENT: NONE AGENDA ATTACHMENTS MINUTES ATTACHMENTS Vacancy Notice November 13, 2018 CCC BOS Minutes 257 November 13, 2018 CCC BOS Minutes 258 RECOMMENDATION(S): ACCEPT resignation of Wanda Session as Alternate to Chris Farnitano, M.D., on the Contra Costa First 5 Children & Families Commission. FISCAL IMPACT: None. BACKGROUND: Ordinance No. 99-15 (County Children and Families First Commission – Proposition 10) established Contra Costa’s Commission to complement Proposition 10, adopted on November 3, 1998. Section 26-14.008 describes the process for Board appointment of alternate commissioners to include appointing the nominee proposed by County Health Officer as the alternate for the County Health Officer. Wanda Session, the current alternate to the County Health Officer, is retiring from County service on November 15, 2018. The seat will remain vacant until such time that the Health Officer identifies a candidate to fill the vacancy APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/13/2018 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 ABSENT:Federal D. Glover, District V Supervisor Contact: Anna Roth, 925-957-5403 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 13, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: Jackie Peterson, Marcy Wilhelm C. 19 To:Board of Supervisors From:Anna Roth, Health Services Director Date:November 13, 2018 Contra Costa County Subject:Resignation of Wanda Session as Alternate on First 5 Commission November 13, 2018 CCC BOS Minutes 259 AGENDA ATTACHMENTS MINUTES ATTACHMENTS Vacancy Notice November 13, 2018 CCC BOS Minutes 260 November 13, 2018 CCC BOS Minutes 261 RECOMMENDATION(S): REAPPOINT the following person to the Trustee 2 Seat of the Alamo-Lafayette Cemetery District Board of Directors for a four-year term with an expiration date of September 23, 2022, as recommended by Supervisor Candace Andersen: Ms. Mary McCosker Lafayette, CA 94549 FISCAL IMPACT: NONE BACKGROUND: Established by the Board of Supervisors on April 5, 1937, the purpose of the Alamo-Lafayette Cemetery District Board of Directors is to establish rates to be charged for burials within the cemeteries of the district which will allow the grave to be maintained on a self-supporting basis; to prepare and maintain maps detailing information about the lots; to keep records of all remains interred in the cemeteries. (Health and Safety Code, Section 8961.4 and 8963). APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/13/2018 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 ABSENT:Federal D. Glover, District V Supervisor Contact: Jill Ray 925-957-8860 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 13, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: District 2 Supervisor, Maddy Book, Cemetery Board, Appointee C. 20 To:Board of Supervisors From:Candace Andersen, District II Supervisor Date:November 13, 2018 Contra Costa County Subject:APPOINTMENT TO THE ALAMO-LAFAYETTE CEMETERY DISTRICT BOARD OF DIRECTORS November 13, 2018 CCC BOS Minutes 262 BACKGROUND: (CONT'D) Membership is comprised of three trustees who must live in the district. Terms are for four years from the date of appointment. Due to redistricting, all three Trustee Seats fall within District Two, therefore the District Two Supervisor is responsible for the recruitment and recommendations for appointment to the Board of Supervisors for all three seats. Ms. McCosker is an active member in the community dedicating herself to historic preservation. Supervisor Andersen feels her continued involvement will be of great benefit to the Cemetery Board. CONSEQUENCE OF NEGATIVE ACTION: The Board will have quorum issues. CHILDREN'S IMPACT STATEMENT: NONE November 13, 2018 CCC BOS Minutes 263 RECOMMENDATION(S): Accept the resignation of Courtney Cummings from the District 1-B seat of the Alcohol and Other Drugs Advisory Board. Please declare seat District 1-B vacant. FISCAL IMPACT: None BACKGROUND: Ms. Cummings has chosen to step down to focus her attention on other important commitments. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/13/2018 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 ABSENT: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 13, 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:John Gioia, District I Supervisor Date:November 13, 2018 Contra Costa County Subject:Accept the resignation of Courtney Cummings from the District 1-B seat of the Alcohol and Other Drugs Advisory Board November 13, 2018 CCC BOS Minutes 264 CLERK'S ADDENDUM No vacancy needed to be posted because the seat was eliminated in a bylaw reorganization approved by the Board of Supervisors on 10/23/18. November 13, 2018 CCC BOS Minutes 265 RECOMMENDATION(S): ACCEPT the resignation of Devorah Levine, DECLARE a vacancy in the Victim's Representative seat on the Contra Costa Community Corrections Partnership, and DIRECT the Clerk of the Board to post the vacancy. FISCAL IMPACT: No fiscal impact. BACKGROUND: In 2011, the California Legislature passed the Public Safety Realignment Act (Assembly Bill 109), which transferred responsibility of incarceration and community supervision of individuals convicted of specific low-level felonies from the California Department of Corrections and Rehabilitation to counties. AB 109 also tasked the local Community Corrections Partnership with recommending to the County Board of Supervisors a plan for implementing criminal justice realignment. Devorah Levine, the Victim's Representative, notified staff of her resignation from the Community Corrections Partnership on October 31, 2018. The Public Protection Committee is responsible for recruiting and making recommendations to the Board of Supervisors on appointments to the Community Corrections Partnership. On November 5, 2018, the Public Protection Committee directed staff to begin the recruitment process. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/13/2018 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 ABSENT:Federal D. Glover, District V Supervisor Contact: Paul Reyes, 335-1096 I hereby certify that this is 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 13, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: C. 22 To:Board of Supervisors From:PUBLIC PROTECTION COMMITTEE Date:November 13, 2018 Contra Costa County Subject:DECLARE VACANCY OF THE VICTIM'S REPRESENTATIVE SEAT November 13, 2018 CCC BOS Minutes 266 November 13, 2018 CCC BOS Minutes 267 CONSEQUENCE OF NEGATIVE ACTION: If this Board Order is not approved the vacancy will not be posted and the Victim's Representative seat will remain vacant. November 13, 2018 CCC BOS Minutes 268 RECOMMENDATION(S): APPROVE Appropriation Adjustment No. 5033 and AUTHORIZE the transfer of $1,596,000 from the Office of Communications and Media (0003) to Plant Acquisition (0111) for remodel of CCTV studio space. FISCAL IMPACT: 100% Public, Education and Government Fees (PEG Fees) BACKGROUND: Funds will be used to remodel the suite's common areas to improve public entry, add a "green room/multifunction room" and video editing space. CONSEQUENCE OF NEGATIVE ACTION: Funds will not be available for needed improvements to the CCTV studio space. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/13/2018 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 ABSENT:Federal D. Glover, District V Supervisor Contact: Laura Strobel (925) 335-1091 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 13, 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:David Twa, County Administrator Date:November 13, 2018 Contra Costa County Subject:CCTV Remodel November 13, 2018 CCC BOS Minutes 269 AGENDA ATTACHMENTS AP 5033 MINUTES ATTACHMENTS Signed: Appropriations & Adjustment No. 5033 November 13, 2018 CCC BOS Minutes 270 November 13, 2018CCC BOS Minutes271 November 13, 2018 CCC BOS Minutes 272 RECOMMENDATION(S): ADOPT Position Adjustment Resolution No. 22361 to add one Social Service Program Assistant (X0SA) (represented) full time position at Salary Plan and Grade 255 1384 ($4,834-$5,875) in the Employment and Human Services Department, Aging and Adult Services. FISCAL IMPACT: Upon approval, this action will have an annual cost of $93,393 with estimated annual pension costs of $30,820. This cost will be completely offset by revenue from the Whole Person Care Pilot Program funds awarded by the California Department of Health Care Services (DHCS) to the Contra Costa County Health Services Department. The position is funded with 100% State revenue. BACKGROUND: In July 2017, the Employment and Human Services Department (EHSD) entered an Interdepartmental Services Agreement with Health Services to partner in the staffing of the Whole Person Care CommunityConnect Pilot Program. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/13/2018 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 ABSENT:Federal D. Glover, District V Supervisor Contact: Bao Tran (925) 608-5027 I hereby certify that this is 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 13, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: Bao Tran C. 24 To:Board of Supervisors From:Kathy Gallagher, Employment & Human Services Director Date:November 13, 2018 Contra Costa County Subject:Add one Social Service Program Assistant position November 13, 2018 CCC BOS Minutes 273 BACKGROUND: (CONT'D) Whole Person Care CommunityConnect (CMCT) serves 14,400 Medi-Cal recipients who are at high risk of utilizing high acuity medical services across multiple delivery systems of the Contra Costa County Health System. The program integrates physical health, behavioral health, and social services in a patient-centered manner to improve the health and well-being of this vulnerable population. These clients often overuse the emergency room department, inpatient hospitalization and psychiatric emergency resources due to a myriad of social barriers, including housing insecurity, poverty related challenges, mental health and substance related disorders, and social isolation. EHSD has embedded two (2) eligibility workers (Social Service Program Assistants) to serve the clients of CMCT. A primary function of the SSPAs is to assist CMCT clients in maintaining eligibility to Medi-Cal and gain access to additional benefits for which they may be eligible. Each month, between 800-1,000 CMCT clients’ Medi-Cal lapses, meaning their coverage has terminated. This can occur for a variety of reasons (no longer need coverage, moved out of county, etc.), but a significant reason is that the client missed their re-determination period due to the social barriers they face on a daily basis. The SSPAs work collaboratively with the CMCT Case Managers to assist in restoring Medi-Cal for clients during a 90-day cure period to ensure continuity in health care and continued eligibility to CMCT. Another role the SSPAs play is assisting in processing applications for CalFresh and Cash Aid. Many clients are unaware of their eligibility for additional public services. As they become aware through the support of their Case Managers, the dedicated SSPAs are able to conduct the intake process with the client, ensuring their benefits are processed in a timely manner. Due to the high volume of clients, an additional SSPA will assist in the above mentioned roles. More clients will be restored to Medi-Cal, more client benefits will be granted benefits in a timely manner, and more clients will remain eligible to CMCT. CONSEQUENCE OF NEGATIVE ACTION: If this action is not approved, EHSD will not be able to ensure the timely and necessary granting of benefits necessary to ensure continued eligibility to CMCT, thus placing Health Services at risk of losing clients for the Whole Person Care pilot. AGENDA ATTACHMENTS AIR 35333 P300 22361 BOS 11.6.18– Add one SSPA MINUTES ATTACHMENTS Signed P300 22361 November 13, 2018 CCC BOS Minutes 274 POSITION ADJUSTMENT REQUEST NO. DATE 9/26/2018 Department No./ Department Employment and Human Services Budget Unit No. 0503 Org No. 5315 Agency No. A19 Action Requested: Add one Social Service Program Assistant (XOSA) (represented) full time positions at Salary Plan and Grade 255 1384 ($4834-$5875) in the Aging and Adult Services of the Employment and Human Services Department. Proposed Effective Date: 10/10/2018 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 $93,393.00 Net County Cost $0.00 Total this FY $62,262.00 N.C.C. this FY $0.00 SOURCE OF FUNDING TO OFFSET ADJUSTMENT State 100% Department must initiate necessary adjustment and submit to CAO. Use additional sheet for further explanations or comments. Bao Tran 608-5027 ______________________________________ (for) Department Head REVIEWED BY CAO AND RELEASED TO HUMAN RESOURCES DEPARTMENT Julia Taylor 10/9/18 ___________________________________ ________________ Deputy County Administrator Date HUMAN RESOURCES DEPARTMENT RECOMMENDATIONS DATE 10/17/2018 Add one Social Service Program Assistant (X0SA) (represented) full time position at Salary Plan and Grade 255 1384 ($4,834-$5,875) in Employment and Human Services Department, Aging and Adult Services. Amend Resolution 71/17 establishing positions and resolutions allocating classes to the Basic / Exempt salary schedule. Effective: Day following Board Action. (Date) Amanda Monson 10/17/2018 ___________________________________ ________________ (for) Director of Human Resources Date COUNTY ADMINISTRATOR RECOMMENDATION: DATE Approve Recommendation of Director of Human Resources Disapprove Recommendation of Director of Human Resources Other: ____________________________________________ ___________________________________ (for) County Administrator BOARD OF SUPERVISORS ACTION: David J. Twa, Clerk of the Board of Supervisors Adjustment is APPROVED DISAPPROVED and County Administrator DATE BY APPROVAL OF THIS ADJUSTMENT CONSTITUTES A PERSONNEL / SALARY RESOLUTION AMENDMENT POSITION ADJUSTMENT ACTION TO BE COMPLETED BY HUMAN RESOURCES DEPARTMENT FOLLOWING BOARD ACTION Adjust class(es) / position(s) as follows: P300 (M347) Rev 3/15/01 November 13, 2018 CCC BOS Minutes 275 REQUEST FOR PROJECT POSITIONS Department Date 10/17/2018 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 j ob 2. Non-County employee Provide a justification if filling position(s) by C1 or C2 USE ADDITIONAL PAPER IF NECESSARY November 13, 2018 CCC BOS Minutes 276 November 13, 2018 CCC BOS Minutes 277 RECOMMENDATION(S): ADOPT Position Adjustment Resolution No. 22378 to increase the hours of Clerk - Senior Level (JWXC) position #13991 at salary plan 3RX 1033 ($3,406 $4,350) from 20/40 to 40/40 in the Health Services Department. (Represented) FISCAL IMPACT: Upon approval, this action has an annual cost of approximately $50,258.03 and $9,940.40 in pension cost already included. The cost will be funded by 100% General Fund. BACKGROUND: The Health Services Department is requesting to increase the hours of Clerk - Senior Level position #13991 from part time (20/40) to full time. The incumbent supports the Detention Health administrative and clinic staff with tracking medical licensing and court orders, processing contract demands, and assisting with clerical tasks related to safety, grievances, and disabled patient accommodations. The department would like to increase the authorized hours for the position to 40/40 to meet the increasing need for clerical support in the Detention Health administrative and clinic office. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/13/2018 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 ABSENT:Federal D. Glover, District V Supervisor Contact: Abigail O'Connor, 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 13, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C. 25 To:Board of Supervisors From:Anna Roth, Health Services Date:November 13, 2018 Contra Costa County Subject:Increase Hours for Clerk - Senior Level Position in the Health Services Department November 13, 2018 CCC BOS Minutes 278 CONSEQUENCE OF NEGATIVE ACTION: If this action is not approved, there will not be sufficient staff in the Detention Health administrative and clinic office, which will negatively impact the deliverable regulatory requirements for supporting the administrative and clinic office. AGENDA ATTACHMENTS P300 22378: Increase Hours for Clerk Senior Level Position in HSD MINUTES ATTACHMENTS Signed P300 22378 November 13, 2018 CCC BOS Minutes 279 POSITION ADJUSTMENT REQUEST NO. 22378 DATE 10/25/18 Department No./ Department Health Services Budget Unit No. 5700 Org No. 0301 Agency No. A18 Action Requested: Increase the hours for Clerk - Senior Level (JWXC) position #13991 from 20/40 to 40/40 in the Health Services Department. Proposed Effective Date: 11/07/2018 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 $40,317.63 Net County Cost $0.00 Total this FY $23,518.61 N.C.C. this FY $0.00 SOURCE OF FUNDING TO OFFSET ADJUSTMENT 100% General Fund Department must initiate necessary adjustment and submit to CAO. Use additional sheet for further explanations or comments. Abigail O'Connor ______________________________________ (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 13, 2018 CCC BOS Minutes 280 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 13, 2018 CCC BOS Minutes 281 November 13, 2018 CCC BOS Minutes 282 RECOMMENDATION(S): ADOPT Position Adjustment Resolution No. 22379 to reassign Accounting Technician (JD7A) position #8727 at salary plan and grade level 3RX-1236 ($4,164 - $5,318) from Department #0540 (General Accounting) to Department #0451 (Conservatorship) in the Health Services Department. (Represented) FISCAL IMPACT: Upon approval, this action has an annual cost of approximately $116,053 with pension costs of $24,304 already included. This cost is funded by 100% General Fund. BACKGROUND: The Health Services Department is reassigning the Accounting Technician position from the General Accounting Unit to the Conservatorship Program for training purposes. A long-term employee is retiring in the next few months and this reassignment is necessary to allow training before the retirement occurs. CONSEQUENCE OF NEGATIVE ACTION: If this action is not approved, the Conservatorship Program will not have adequate training from a long-term employee for a smooth transition. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/13/2018 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 ABSENT:Federal D. Glover, District V Supervisor Contact: Jo-Anne Linares, (925) 957-5240 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 13, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C. 26 To:Board of Supervisors From:Anna Roth, Health Services Date:November 13, 2018 Contra Costa County Subject:Reassign Accounting Technician position #8727 in the Health Services Department November 13, 2018 CCC BOS Minutes 283 AGENDA ATTACHMENTS P300 22379: Reassign Acctg Tech from Hospital to Conservatorship in HSD MINUTES ATTACHMENTS Signed P300 22379 November 13, 2018 CCC BOS Minutes 284 POSITION ADJUSTMENT REQUEST NO. 22379 DATE 10/26/18 Department No./ Department Health Services Budget Unit No.0540 Org No.6567 Agency No. A18 Action Requested: Reassign the Accounting Technician position #8727 from Department #0540 (General Accounting) to Department #0451 (Conservatorship) in the Health Services Department. 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 $116,053 Net County Cost 0 Total this FY $29,013 N.C.C. this FY $0 SOURCE OF FUNDING TO OFFSET ADJUSTMENT: 100% General Funds Department must initiate necessary adjustment and submit to CAO. Use additional sheet for further explanations or comments. Jo-Anne Linares ______________________________________ (for) Department Head REVIEWED BY CAO AND RELEASED TO HUMAN RESOURCES DEPARTMENT ___________________________________ ________________ 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 13, 2018 CCC BOS Minutes 285 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 13, 2018 CCC BOS Minutes 286 November 13, 2018 CCC BOS Minutes 287 RECOMMENDATION(S): APPROVE the Public Works Director, or designee, to execute a lease with the Pleasant Hill Executive Park Association, for 3,546 square feet of office space for the Health Services Department – Wraparound Program. The term of this lease is 10 years with one five-year renewal term. The annual rental payment for the first year is $84,679, with annual increases thereafter, under the terms and conditions set forth in the lease. AUTHORIZE the Public Works Director, or designee, to execute the lease on behalf of Contra Costa County, and any renewal options under the terms and conditions set forth in the lease. FISCAL IMPACT: 100% Mental Health Services Act Funds. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/13/2018 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 ABSENT:Federal D. Glover, District V Supervisor Contact: Julin Perez, 925. 957-2460 I hereby certify that this is 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 13, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C. 27 To:Board of Supervisors From:Brian M. Balbas, Public Works Director/Chief Engineer Date:November 13, 2018 Contra Costa County Subject:Execute a Lease for Health Services Department – Wraparound Program, 395 Taylor Blvd., Ste. 200 & 230, Pleasant Hill. November 13, 2018 CCC BOS Minutes 288 BACKGROUND: The Health Services Department - Wraparound program is currently in different locations throughout Central County, this new location will centralize services and allow for anticipated and approved program growth. CONSEQUENCE OF NEGATIVE ACTION: If this Lease is not approved, the Health Services Department - Wraparound Program will not be able to hire staff to support the growth of the program and the County will incur additional expenses in finding a new location. CHILDREN'S IMPACT STATEMENT: The Wraparound program serves the most vulnerable parents of children and adults facing serious mental health challenges. The growth of the program will significantly increase capacity to meet the mental health specialty needs. ATTACHMENTS Lease (Draft) November 13, 2018 CCC BOS Minutes 289 1 LEASE Health Services Department 395 Taylor Blvd., Suites 200 & 230, Pleasant Hill, CA This lease is dated November 13, 2018, and is between Pleasant Hill Executive Park Association, a California general partnership (“Lessor”) and the County of Contra Costa, a political subdivision of the State of California (“County”). Recitals A. Lessor is the owner of that certain premises located at 395 Taylor Blvd., Pleasant Hill, CA (the “Building”). B. Lessor desires to lease to County and County desires to lease from Lessor a portion of the Building consisting of approximately 3,546 square feet of floor space known as Suites 200 and 230 (the “Premises”), as more particularly described in Exhibit A – Floor Plan, along with non-exclusive use of 13 parking stalls. The parties therefore agree as follows: Agreement 1. Lease of Premises. In consideration of the rents and subject to the terms herein set forth, Lessor hereby leases to County and County hereby leases from Lessor, the Premises. 2. Term. The “Term” of this lease is comprised of an Initial Term and, at County’s election, a Renewal Term, each as defined below. a. Initial Term. The “Initial Term” is ten years, commencing on February 1, 2019 (the “Commencement Date”) and ending January 31, 2029. b. Renewal Terms. County has one option to renew this lease for a term of five years (the “Renewal Term”) upon all the terms and conditions set forth herein. i. County will provide Lessor with written notice of its election to renew this lease nine months prior to the end of the Term. However, if County fails to provide such notice, its right to renew the Lease will not expire until fifteen working days after County’s receipt of Lessor’s written demand that County exercise or forfeit the option to renew. ii. Upon the commencement of the Renewal Term, all references to the Term of this lease will be deemed to mean the Term as extended pursuant to this Section. November 13, 2018 CCC BOS Minutes 290 2 3. Rent. County shall pay rent (“Rent”) to Lessor monthly in advance beginning on the Commencement Date. Rent is payable on the tenth day of each month during the Initial Term and, if applicable, the Renewal Term, in the amounts set forth below: a. Initial Term. Months Monthly Rent 1 - 12 $7,057 13 - 24 $7,269 25 - 36 $7,447 37 - 48 $7,659 49 - 60 $7,872 61 - 72 $8,120 73 - 84 $8,333 85 - 96 $8,581 97 - 108 $8,830 109 - 120 $9,078 b. Renewal Term. During the Renewal Term, County shall pay rent in an amount equal to the then-current fair market rental value of the property (the “FMV”). As soon as practicable following delivery of the County’s renewal notice, County and Lessor shall meet and endeavor in good faith to agree on the FMV. If County and Lessor fail to agree within thirty (30) days of delivery of the renewal notice, then Lessor and County shall each appoint an appraiser with at least five (5) years’ full-time commercial real estate appraisal experience in the area to opine as to the FMV of the Premises. Lessor and County shall each bear the cost of their own appraiser. Lessor and County shall request that the appraisers provide written reports setting forth their opinions within fifteen (15) days after being given the assignment. As soon as practicable after receipt of the appraisals, Lessor and County shall meet and, again, endeavor in good faith to agree on the FMV. If Lessor and County are unable to agree on the FMV within thirty (30) days after receipt of the appraisals, (i) County may rescind the renewal notice, or (ii) with Lessor’s concurrence, County may extend the Initial Term for three (3) months (such extension, the “Extended Initial Term”). County will pay Rent during the Extended Initial Term at the same rate that applied immediately prior to the Extended Initial Term. If at the end of the Extended Initial Term, Lessor and County have failed to agree on the FMV, County may rescind the renewal notice and the lease will expire at the end of the Extended Initial Term. c. Fractional Month. Rent for any fractional month will be prorated and computed on a daily basis with each day’s rent equal to one-thirtieth (1/30) of the monthly Rent. November 13, 2018 CCC BOS Minutes 291 3 4. Tenant Improvements. a. Improvements by Lessor. Lessor, at its sole cost and expense, shall cause the following improvements to be made to the Premises prior to the Commencement Date: i. The installation of ADA compliant break-room millwork. The millwork must comply with local and state accessibility requirements and must conform to the final plans approved by the County. ii. Repainting of the entire interior of the Premises, in colors selected by the County. iii. The installation of new carpet and linoleum, in colors and patterns selected by the County, which installation is to conform to the final plans approved by the County. b. Improvements by County. The County, at its sole cost and expense, shall cause the data and telecommunication cabling and signage to be installed in the Premises. Any other improvements required by the County and not described in Section 4. a. must be at the County’s sole cost and expense, and with prior Lessor’s written approval. 5. Use. County may use the Premises for the purpose of providing behavioral health services to young people and their families and related activities. Any other use wi ll require the prior written approval of Lessor, which approval may not be unreasonably withheld or delayed. 6. Obligation to Pay Utilities. Lessor shall pay for all water, sewer, gas, electricity, janitorial and refuse collection services provided to the Premises. 7. Janitorial Services. Lessor, at its sole cost and expense, shall provide janitorial services to the Premises five days per week after normal business hours. Lessor shall provide day porter services at the County’s expense if requested by the County. The cost of day porter services must be approved in advance, in writing, by the Director of Public Works or his designee. 8. Maintenance and Repairs. a. Roof and Exterior of Premises. Lessor shall keep the roof and exterior of the Premises in good order, condition, and repair, and shall maintain the structural integrity of the Building, including the exterior doors and their fixtures, closers and hinges, exterior windows, glass and glazing, used in the Premises. b. Interior of Premises. County shall keep and maintain the interior of the Premises in good order, condition and repair, but Lessor shall repair damage to the interior caused by its failure to maintain the exterior in good repair, including damage to the interior November 13, 2018 CCC BOS Minutes 292 4 caused by roof leaks and/or interior and exterior wall leaks. The County may install and maintain an alarm system, if deemed necessary by County. c. Utilities. Lessor shall repair and maintain the electrical, lighting, water and plumbing systems in good order, condition and repair. d. HVAC. Lessor shall maintain and repair the heating, ventilating, and air-conditioning (HVAC) systems. e. Parking; Exterior Lighting; Landscaping. Lessor shall maintain the parking lot, exterior lighting system, and landscaping in good order, condition and repair. f. Services by Lessor. If County determines that the Premises are in need of maintenance, construction, remodeling or similar service that is beyond Lessor’s responsibilities under this lease, at County’s request, Lessor shall perform such service at County’s expense. In performing the service, Lessor shall consult with County and use either licensed insured contractors or employees of Lessor. Lessor shall obtain County’s prior written approval of the scope, terms, and cost of any contracts. County may, by giving Lessor thirty (30) days prior written notice, change the level of service, terminate any or all service, or require that a service be performed by a different contractor. 9. Quiet Enjoyment. Provided County is in compliance with the material terms of this lease, Lessor shall warrant and defend County in the quiet enjoyment and possession of the Premises during the Term. 10. Assignment and Sublease. County has the right to assign this lease or sublease the Premises or any part thereof at any time during the Term with the written approval of Lessor, which approval will not be unreasonably withheld or delayed. Upon the assignment of the lease by County, the County will have no further obligation under the lease. 11. Alterations; Fixtures and Signs. County may (i) make any lawful and proper minor alterations to the Premises and (ii) attach fixtures and signs (“County Fixtures”) in or upon the Premises. Any County Fixtures will remain the property of County and may be removed from the Premises by County at any time during the Term. County is responsible for the cost of all alterations and County Fixtures. All alterations and County Fixtures are subject to Lessor’s approval and must comply with existing code requirements. 12. Prior Possession. Prior to Commencement Date, County has the right to install fixtures, telephones, alarm systems, and other items required to prepare the Premises for County’s occupancy and to store furniture, supplies and equipment, provided such work and storage and can be effected without unduly interfering with Lessor’s completion of any tenant improvements. November 13, 2018 CCC BOS Minutes 293 5 13. Insurance. a. Liability Insurance. Throughout the Term, County shall maintain in full force and effect, at its sole expense, a general self-insurance program covering bodily injury (including death), personal injury, and property damage, including loss of use. County shall provide Lessor with a letter of self-insurance affirming the existence of the aforementioned self-insurance program. b. Self-Insurance Exclusion. County’s self-insurance does not provide coverage for (i) areas to be maintained by Lessor under this lease, or (ii) negligence, willful misconduct, or other intentional act, error or omission of Lessor, its officers, agents, or employees. 14. Surrender of Premises. On the last day of the Term, or sooner termination of this lease, County shall peaceably and quietly leave and surrender to Lessor the Premises, along with appurtenances and fixtures at the Premises (except County Fixtures), all in good condition, ordinary wear and tear, damage by casualty, condemnation, acts of God and Lessor’s failure to make repairs required of Lessor excepted. County is not responsible for painting or for repairing or replacing any floor coverings in the Premises upon the expiration or earlier termination of this lease. 15. Waste, Nuisance. County may not commit, or suffer to be committed, any waste upon the Premises, or any nuisance or other act or thing that may disturb the quiet enjoyment of any other occupant of the Building. 16. Inspection. Lessor, or its proper representative or contractor, may enter the Premises by prior appointment between the hours of 9:00 a.m. and 4:30 p.m., Monday through Friday, holidays excepted, to determine that (i) the Premises is being reasonably cared for, (ii) no waste is being made and that all actions affecting the Premises are done in the manner best calculated to preserve the Premises, and (iii) County is in compliance with the terms and conditions of this lease. 17. Perilous Conditions. If the County’s Director of Public Works becomes aware of a perilous condition on the Premises that, in his or her opinion, substantially and significantly threatens the health and safety of County employees and/or invitees (a “Perilous Condition”), the Director of Public Works, or his or her designee, will immediately notify Lessor of the Perilous Condition and Lessor shall use best efforts to immediately eliminate the Perilous Condition. Lessor shall immediately address any condition reasonably constituting an emergency, whether Lessor learns of the condition through County or otherwise. If Lessor fails to address a Perilous Condition within twenty-four (24) hours after County’s notice or to immediately address an emergency situation, County may attempt to resolve the Perilous Condition or emergency situation. Lessor shall reimburse County November 13, 2018 CCC BOS Minutes 294 6 for any costs incurred by County in addressing the Perilous Condition or emergency situation promptly upon receipt of County’s invoice. 18. Destruction. If damage occurs that causes a partial destruction of the Premises during the Term from any cause and repairs can be made within sixty days from the date of the damage under the applicable laws and regulations of governmental authorities, Lessor shall repair the damage promptly. Such partial destruction will not void this lease, except that County will be entitled to a proportionate reduction in Rent while such repairs are being made. The proportionate reduction in Rent will be calculated by multiplying Rent by a fraction, the numerator of which is the number of square feet that are unusable by County and the denominator of which is the total number of square feet in the Premises. If repairs cannot be made in sixty days, County will have the option to terminate the lease or request that Lessor make the repairs within a reasonable time, in which case, Lessor will make the repairs and Rent will be proportionately reduced as provided in the previous paragraph. This lease will terminate in the event of a total destruction of the Building or the Premises. 19. Hazardous Material. Lessor warrants to County that Lessor does not have any knowledge of the presence of Hazardous Material (as defined below) or contamination of the Building or Premises in violation of environmental laws. Lessor shall defend, save, protect and hold County harmless from any loss arising out of the presence of any Hazardous Material on the Premises that was not brought to the Premises by or at the request of County, its agents, contractors, invitees or employees. Lessor acknowledges and agrees that County has no obligation to clean up or remediate, or contribute to the cost of clean up or remediation, of any Hazardous Material unless such Hazardous Material is released, discharged or spilled on or about the Premises by County or any of its agents, employees, contractors, invitees or other representatives. The obligations of this Section shall survive the expiration or earlier termination of this lease. “Hazardous Material” means any substance, material or waste, including lead based paint, asbestos and petroleum (including crude oil or any fraction thereof), that is or becomes designated as a hazardous substance, hazardous waste, hazardous material, toxic substance, or toxic material under any federal, state or local law, regulation, or ordinance. 20. Indemnification. a. County. County shall defend, indemnify and hold Lessor harmless from County’s share of any and all claims, costs and liability for any damage, injury or death of or to any person or the property of any person, including attorneys’ fees, caused by the willful misconduct or the negligent acts, errors, or omissions of County, its officers, agents or employees in using the Premises pursuant to this lease, or the County’s performance under this lease, except to the extent caused or contributed to by (i) the structural, mechanical, or other failure of buildings owned or maintained by Lessor, November 13, 2018 CCC BOS Minutes 295 7 and/or (ii) the negligent acts, errors, or omissions of Lessor, its officers, agents, or employees. b. Lessor. Lessor shall defend, indemnify and hold County harmless from Lessor’s share of any and all claims, costs and liability for any damage, injury or death of or to any person or the property of any person, including attorneys ’ fees, caused by the willful misconduct or the negligent acts, errors or omissions of Lessor, its officers, agents, employees, with respect to the Premises, or Lessor’s performance under this lease, or the Lessor’s performance, delivery or supervision of services at the Premises, or by the structural, mechanical or other failure of buildings owned or maintained by Lessor, except to the extent caused or contributed to by the negligent acts, errors, or omissions of County, its officers, agents, or employees. 21. Default. The occurrence of any of the following events is a default under this lease: a. County. i. County’s failure to pay Rent within ten business days after receipt of a written notice of failure (a “Notice”) from Lessor to County; provided, however, that County will have additional time if its failure to pay Rent is due to circumstances beyond its reasonable control, including, without limitation, failure of the County’s Board of Supervisors to adopt a budget. In no event may such additional time exceed seventy-five days from receipt of a Notice. ii. County’s failure to comply with any other material term or provision of this lease if such failure is not remedied within thirty days after receipt of a Notice from Lessor to County specifying the nature of the breach in reasonably sufficient detail; provided, however, if such default cannot reasonably be remedied within such thirty day period, then a default will not be deemed to occur until the occurrence of County’s failure to comply within the period of time that may be reasonably required to remedy the default, up to an aggregate of ninety days, provided County commences curing such default within thirty days and thereafter diligently proceeds to cure such default. b. Lessor. Lessor’s failure to perform any obligation under this lease if such failure is not remedied within thirty days after receipt of a Notice from County to Lessor specifying the nature of the breach in reasonably sufficient detail; provided, however, if such breach cannot reasonably be remedied within such thirty day period, then a default will not be deemed to occur until the occurrence of Lessor’s failure to perform within the period of time that may be reasonably required to remedy the breach, up to an aggregate of ninety days, provided Lessor commences curing such breach within thirty days and thereafter diligently proceeds to cure such breach. November 13, 2018 CCC BOS Minutes 296 8 22. Remedies. a. Lessor. Upon the occurrence of a default by County, Lessor may, after giving County written notice of the default, and in accordance with due process of law, reenter and repossess the Premises and remove all persons and property from the Premises. b. County. Upon the occurrence of a default by Lessor, County may (i) terminate this lease by giving written notice to Lessor and quit the Premises without further cost or obligation to County or (ii) proceed to repair or correct the failure and, at County’s option, either deduct the cost thereof from Rent due to Lessor, or invoice Lessor for the cost of repair, which invoice Lessor shall pay promptly upon receipt. 23. Notices. Any notice required or permitted under this lease shall be in writing and sent by overnight delivery service or registered or certified mail, postage prepaid and directed as follows: To Lessor: Pleasant Hill Executive Park Association 395 Taylor Blvd., Suite 120, Pleasant Hill, CA 94523. To County: Contra Costa County Public Works Department Attn: Principal Real Property Agent 255 Glacier Drive Martinez, CA 94553 Either party may at any time designate in writing a substitute address for that set forth above or thereafter notices are to be directed to such substituted address. If sent in accordance with this Section, all notices will be deemed effective (i) the next business day, if sent by overnight courier, or (ii) three days after being deposited in the United States Postal system. 24. Successors and Assigns. This lease binds and inures to the benefit of the heirs, successors, and assigns of the parties hereto. 25. Holding Over. Any holding over after the Term of this lease is a tenancy from month to month and is subject to the terms of this lease. 26. Time is of the Essence. In fulfilling all terms and conditions of this lease, time is of the essence. 27. Governing Law. The laws of the State of California govern all matters arising out of this lease. 28. Severability. In the event that any provision herein contained is held to be invalid or unenforceable in any respect, the validity and enforceability of the remaining provisions of this lease will not in any way be affected or impaired. November 13, 2018 CCC BOS Minutes 297 9 29. Real Estate Commission. In negotiating this lease, Lessor is represented by Colliers International and the County represents itself. Lessor shall pay a real estate commission to Colliers International pursuant to a separate written agreement. Lessor recognizes and acknowledges that the County is entitled to a real estate commission when it represents itself. The County warrants to Lessor that County’s contact with Lessor in connection with this Lease has been directly with Colliers International. Lessor shall pay to County a real estate commission in the amount of Twenty-Five Thousand Seven Hundred Eighty Four and 92/100 Dollars ($25,784.92) (the “County Commission”). Lessor shall pay one-half of the County Commission upon the execution of this lease and the remainder on the Lease Commencement Date. [Remainder of Page Intentionally Left Blank] November 13, 2018 CCC BOS Minutes 298 10 30. Entire Agreement; Construction; Modification. Neither party has relied on any promise or representation not contained in this lease. All previous conversations, negotiations, and understandings are of no further force or effect. This lease is not to be construed as if it had been prepared by one of the parties, but rather as if both parties have prepared it. This lease may be modified only by a writing signed by both parties. The parties are executing this lease on the date set forth in the introductory paragraph. COUNTY OF CONTRA COSTA, a Pleasant Hill Executive Park Association political subdivision of the State of a California General Partnership California By: _______________________ By: _______________________ Brian M. Balbas Robert E. Wooldridge - Partner Director of Public Works By: _______________________ Robert J. Lewis - Partner RECOMMENDED FOR APPROVAL: By: _______________________ Karen A. Laws Principal Real Property Agent By: _______________________ Julin E. Perez Senior Real Property Agent APPROVED AS TO FORM SHARON L. ANDERSON, COUNTY COUNSEL By: _______________________ Kathleen M. Andrus Deputy County Counsel \\PW-DATA\grpdata\realprop\Julin\New Leases 2018\395 Taylor Blvd, Ste 200-230\395 Taylor Blvd Stes 200-230_ lease V1.doc November 13, 2018 CCC BOS Minutes 299 11 Exhibit A – Premises November 13, 2018 CCC BOS Minutes 300 RECOMMENDATION(S): APPROVE and AUTHORIZE the Agricultural Commissioner, or designee, to execute a Memorandum of Understanding with the California Agricultural Commissioner and Sealers Association (CACASA) with modified indemnification language and to accept an amount not to exceed $6,372 to provide training and data entry support for pesticide use reporting for the period July 1, 2018 through June 30, 2019. FISCAL IMPACT: The Agricultural Department will be reimbursed by State funding in an amount not to exceed $6,372 for activities related to pesticide use reporting. There is no county match of funds nor grant monies involved. The amount has been anticipated and budgeted for FY18/19. BACKGROUND: The California Department of Pesticide Regulation (CDPR) no longer offers individual data submission contracts to counties and has contracted with CACASA to provide the data storage, software and data communication infrastructure for the reporting of pesticide use data. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/13/2018 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 ABSENT: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 13, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: C. 28 To:Board of Supervisors From:Matt Slattengren Date:November 13, 2018 Contra Costa County Subject:CACASA - County MOU for Pesticide Reporting November 13, 2018 CCC BOS Minutes 301 BACKGROUND: (CONT'D) CACASA has simplified the overall process of the statistical submission contracts and is providing the online support to maintain the enhanced reporting capabilities. In order to ease the transition from County personnel input to input by the user of the pesticide, CACASA is providing funding to counties during the transition period to provide interim data input and training. CONSEQUENCE OF NEGATIVE ACTION: A negative action would result in loss of revenue to the department for the pesticide use reporting program. November 13, 2018 CCC BOS Minutes 302 RECOMMENDATION(S): APPROVE and AUTHORIZE the Public Defender, or designee, to apply for and accept funding from East Bay Community Foundation in the amount of $15,000, to support Contra Costa's Stand Together Contra Costa Program to support legal services for immigrants residing in Contra Costa County for fiscal year 2018-2019. FISCAL IMPACT: If approved, the Public Defender's Office will receive $15,000 from East Bay Community Foundation. No County match required. BACKGROUND: On September 19, 2017, the Board of Supervisors unanimously voted to establish an immigrants rights program in Contra Costa County named Stand Together Contra Costa, and to approve $500,000 in County funds to underwrite the project from January 1, 2018 through June 30, 2018, with a further commitment to provide $500,000 in annual support for fiscal years 2018-19 and 2019-20. On July 24, 2018, the Board of Supervisors approved and authorized the Public Defender to execute a contract with Catholic Charities of the Diocese of Oakland DBA Catholic Charities of the East Bay, in an amount not to exceed $872,553 to continue to provide Civil Legal and Deportation Defense APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/13/2018 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 ABSENT:Federal D. Glover, District V Supervisor Contact: Joanne Sanchez-Rosa, 925-335-8065 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 13, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: C. 29 To:Board of Supervisors From:Robin Lipetzky, Public Defender Date:November 13, 2018 Contra Costa County Subject:2018-2019 Funding for Stand Together Contra Costa County November 13, 2018 CCC BOS Minutes 303 BACKGROUND: (CONT'D) and Community Services for Stand Together Contra Costa for the period from July 1, 2018 through June 30, 2019. In light of increasing needs for the program to address emergent issues in the immigration landscape, East Bay Community Foundation has invited the Public Defender to apply for an additional $15,000 of funding for Fiscal Year 2018-2019. CONSEQUENCE OF NEGATIVE ACTION: If not approved, the Public Defender's Office will not be able to accept the funds. November 13, 2018 CCC BOS Minutes 304 RECOMMENDATION(S): APPROVE and AUTHORIZE the Employment and Human Services Director, or designee, to execute a contract containing modified indemnification language and accept funding from the California Department of Community Services and Development, in an amount not to exceed $847,381, for Community Services Block Grant program services for the period January 1, 2019 through December 31, 2019. FISCAL IMPACT: The County will receive a pass-through of federal funding from the California Department of Community Services and Development. There is no county match requirement. CFDA # 93.569 State Contract Number: 19F-4007 County Contract Number: 39-813-48 BACKGROUND: The Employment and Human Services Department (Department) received notification of funding from the California Department of Community Services and Development on October 30, 2018. As the County's APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/13/2018 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 ABSENT:Federal D. Glover, District V Supervisor Contact: CSB (925) 681-6308 I hereby certify that this is 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 13, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: Nancy Sparks, Sam Mendoza C. 30 To:Board of Supervisors From:Kathy Gallagher Date:November 13, 2018 Contra Costa County Subject:2019 Community Services Block Grant Revenue Contract November 13, 2018 CCC BOS Minutes 305 BACKGROUND: (CONT'D) Community Action Agency, the Department's Community Services Bureau regularly receives Community Services Block Grant (CSBG) funding to operate self-sufficiency programs under the advisement of the County's Economic Opportunity Council. The self-sufficiency programs have the goal of ameliorating poverty in Contra Costa County through programs that address housing, economic development and food security. Examples of programs to receive funding include those that provide employment training, housing payment assistance and food distribution. This board order is to accept the County's allocation of $847,381 for the 2019 program year. The funding amount is based on the County’s low-income population, which meets federal poverty guidelines. CONSEQUENCE OF NEGATIVE ACTION: The Department will be hampered in its ability to operate self-sufficiency programs in the community, and to establish partnerships with community based agencies and public organizations. November 13, 2018 CCC BOS Minutes 306 RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County Amendment Agreement #28-855-2 (State #16-10333, A01) with the California Department of Public Health, Office of AIDS, to add Pre-Exposure Prophylaxis (PrEP) Assistance Program enrollment services for the AIDS Drug Assistance Program (ADAP) and extend the termination date to June 30, 2020 with no change in the original amount payable to the County not to exceed $5,000. FISCAL IMPACT: No change in the original amount payable to the County not to exceed $5,000 for the ADAP. No County funds are required. BACKGROUND: Access to AIDS drug therapies is credited with prolonging lives and reducing health care costs associated with HIV and AIDS. The medications are costly and necessary for life. The ADAP program ensures that eligible individuals have access to those medications free of charge or for a minimum charge. Eligibility determination is a critical function to ensure that people with AIDS and HIV can access these therapies. This ADAP site agreement allows the County to continue APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/13/2018 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 ABSENT: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 13, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: Marcy Wilhelm C. 31 To:Board of Supervisors From:Anna Roth, Health Services Director Date:November 13, 2018 Contra Costa County Subject:Amendment Agreement #28-855-2 with the California Department of Public Health, Office of AIDS November 13, 2018 CCC BOS Minutes 307 BACKGROUND: (CONT'D) providing these services in Contra Costa County. Enrollment in ADAP saves the Health Services Department millions of dollars in necessary AIDS drug therapies. On July 19, 2016, the Board of Supervisors approved Agreement #28-855-1 with the California Department of Public Health, Office of AIDS for the ADAP for the period from July 1, 2018 through June 30, 2019. This Agreement includes provision to indemnify and hold harmless the State for claims arising out of the County’s performance. Approval of Standard Agreement #28-855-2 will to add PrEP Assistance Program enrollment services and extend the termination date to June 30, 2020. CONSEQUENCE OF NEGATIVE ACTION: If this agreement is not approved, the County AIDS Drug Program will not be able to provide PrEP Assistance Program enrollment services eligible County residents which will reduce the negative health impacts of AIDS. November 13, 2018 CCC BOS Minutes 308 RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County Contract Amendment Agreement #26-644-21 with MGA Healthcare, Inc., a corporation, effective October 1, 2018, to amend Contract #26-644-20, to increase the payment limit by $100,000, from $300,000 to a new payment limit of $400,000, with no change in the original term of January 1, 2018 through December 31, 2018. FISCAL IMPACT: This amendment is funded 100% by Hospital Enterprise Fund I. (No rate increase) BACKGROUND: On January 9, 2018, the Board of Supervisors approved Contract #26-644-20 with MGA Healthcare, Inc. to provide temporary medical staffing services including pharmacists, laboratory and radiology technicians, specialty registered nurses, other ancillary classifications and permanent placement recruitment services at Contra Costa Regional Medical Center (CCRMC) and Contra Costa Health Centers, for the period January 1, 2018 through December 31, 2018. Due to an increase in laboratory staffing needs the APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/13/2018 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 ABSENT:Federal D. Glover, District V Supervisor Contact: Jaspreet Benepal, 925-313-5101 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 13, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: K Cyr, M Wilhelm C. 32 To:Board of Supervisors From:Anna Roth, Health Services Director Date:November 13, 2018 Contra Costa County Subject:Amendment #26-644-21 with MGA Healthcare, Inc. November 13, 2018 CCC BOS Minutes 309 BACKGROUND: (CONT'D) Division has requested an increase in the contract payment limit to provide additional temporary laboratory services. Approval of Contract Amendment Agreement #26-644-21 will allow the Contractor to provide additional temporary laboratory services through December 31, 2018. CONSEQUENCE OF NEGATIVE ACTION: If this amendment is not approved, CCRMC and Contra Costa Health Centers will not have access to additional temporary laboratory services. November 13, 2018 CCC BOS Minutes 310 RECOMMENDATION(S): (1) APPROVE contract General Conditions, Technical Specifications, and the Construction Task Catalog for Job Order Contracts 008, 009 and 010. (2) DETERMINE that each of Mark Scott Construction, Inc., Aztec Consultants, and Staples Construction Company, Inc. submitted the lowest responsive and responsible bids for the award of the job order contracts. (3) AWARD a job order construction contract for repair, remodeling, and other repetitive work to be performed pursuant to the Construction Task Catalog to each of Mark Scott Construction, Inc., Aztec Consultants and Staples Construction Company, Inc. each in the amount of $2,500,000, for a term of one year each (from issuance of the first Job Order Contract Notice to Proceed for each contract), and DIRECT that the Public Works Director, or designee, prepare the contracts. (4) DIRECT that Mark Scott Construction, Inc., Aztec Consultants and Staples Construction, Company, Inc. shall each submit two good and sufficient security bonds (performance and payment bonds) in the amount of $2,500,000 each. (5) ORDER that, after each contractor has signed the job order contract and returned it, together with the bonds, evidence of insurance, and other APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/13/2018 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 ABSENT:Federal D. Glover, District V Supervisor Contact: Ramesh Kanzaria 925-957-2480 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 13, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: C. 33 To:Board of Supervisors From:Brian M. Balbas, Public Works Director/Chief Engineer Date:November 13, 2018 Contra Costa County Subject:AWARD Job Order Contracts #s 008, 009 & 010 for Repair, Remodeling, and other Repetitive Work (WW0948) November 13, 2018 CCC BOS Minutes 311 RECOMMENDATION(S): (CONT'D) required documents, and the Public Works Director has reviewed and found them to be sufficient, the Public Works Director, or designee, is authorized to sign the contract for this Board. (6) ORDER that, upon signature of the job order contract by the Public Works Director, or designee, any bid bonds posted by such bidder are to be exonerated and any checks or cash submitted for security shall be returned. (7) AUTHORIZE the Public Works Director, or designee, 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 the County to ensure performance under the contracts, pursuant to Public Contract Code Section 22300. (8) AUTHORIZE the Public Works Director, or designee, to order changes or additions to the work pursuant to Public Contract Code Section 20142. (9) DELEGATE, pursuant to Public Contract Code Section 4114, to the Public Works Director, or designee, the Board’s functions under Public Contract Code Sections 4107 and 4110. (10) DECLARE that, should the award of the contract to Mark Scott Construction, Inc., Aztec Consultants and/or Staples Construction Company, Inc. be invalidated for any reason, the Board would not in any event have awarded the contract to any other bidder, but instead would have exercised its discretion to reject the bids received. FISCAL IMPACT: Job orders under the job order contracts will only be issued when there is an approved project and funding. The contract value can range from a minimum of $25,000 to a maximum of $2,500,000. BACKGROUND: In order to be efficient in delivering projects, the County needs to employ a variety of project delivery methods. One such method is Public Contract Code Section 20128.5, which authorizes counties to award one or more individual annual contracts for repair, remodeling, or other repetitive work to be done according to unit prices. Once an annual contract is awarded, individual projects are then done through written job orders performed by the job order contractor at the unit prices bid for the annual contract. Such Job Order Contracting (JOC) is a project delivery tool that has been proven to reduce costs, save time, and increase productivity. The JOC Program has been a valuable construction project delivery tool for the term of the JOC contracts. Under the JOC program for Job Order Contracts 004, 005, 006 & 007, the Public Works Department has assigned 54 projects and 20 supplementals (change orders to Job Orders), 35 projects completed, 35 projects which are in construction, and 13 projects under review and slated to be completed. As we near the expiration date and reach maximum contract amounts for the existing job order contracts, other projects are still eligible to be accomplished under the JOC program. There is a great need to continue utilizing the JOC program. On September 11, 2018, the Board of Supervisors authorized the Public Works Director, or designee, to solicit bids for job order contracts for repair, remodeling, and other repetitive work, and bring to the Board recommendations to award four contracts. On September 11, 2018, bids were invited by the Public Works Director. On October 11, 2018, the Public Works Director received 3 bids for the job order contracts. The scope of work for the work performed under the job order contracts will be determined by individual job orders using the Construction Task Catalog. The three lowest responsive bidders are being recommended for contract award. The contracts are being awarded based on the lowest Award Criteria November 13, 2018 CCC BOS Minutes 312 Figure (ACF) that is calculated by each bidder using the award criteria figure formula percentages required by each job order using adjustment factors called out in the bidding documents. Bid documents for Job Order Contracts 008, 009 and 010, including construction task catalog and construction specifications for typical work, were prepared for the Public Works Department by County’s job order contracting consultant, The Gordian Group, Inc. The general prevailing wage rates are on file with the Clerk of the Board of Supervisors and will be the minimum rates paid on the projects covered by the annual Job Order Contracts. Bids for Job Order Contracts 008, 009 and 010 were received and opened by the Public Works Department on October 11, 2018, and the bid results are as follows: BIDDER AWARD CRITERIA FIGURE Mark Scott Construction, Inc.1.0598 Aztec Consultants 1.0898 Staples Construction Company, Inc.1.0876 Staff has determined that the three lowest bids received from Mark Scott Construction, Inc, Aztec Consultants and Staples Construction Company, Inc. are responsive. The Public Works Director recommends the Board award the job order contracts for this project to Mark Scott Construction, Inc. (JOC 008), Staples Construction Company, Inc. (JOC 009) and Aztec Consultants (JOC 010) for job orders under the job order contracts in amounts not less than $25,000 nor more than $2,500,000. California Environmental Quality Act (CEQA) requirements will be addressed on a project-by-project basis as job orders occur. Each of the job order contractors will perform outreach required under the County’s Outreach Program for the work to be performed under each job order in excess of $175,000. CONSEQUENCE OF NEGATIVE ACTION: If JOC bid solicitation is not approved and authorized, the County will not have the resources to complete deferred maintenance projects as described in the FLIP report and other County construction projects involving repair, remodeling, and other repetitive work. November 13, 2018 CCC BOS Minutes 313 RECOMMENDATION(S): APPROVE and AUTHORIZE the Sheriff-Coroner, or designee, to execute a contract with National Medical Services Inc., in an amount not to exceed $240,000 to provide forensic toxicology analysis for the period January 1, 2019 through December 31, 2019. FISCAL IMPACT: $240,000. 100% Agency Fees. Budgeted. BACKGROUND: Contra Costa County provides, through its Office of the Sheriff – Forensic Services Division – Crime Laboratory, toxicology analysis on blood, urine, and tissue samples submitted as evidence. The County’s Crime Laboratory is accredited by the American Society of Crime Laboratory Directors–Laboratory Accreditation Board (ASCLD-LAB) and also processes submissions from other agencies. National Medical Services Inc., (NMS) is also accredited by ASCLD-LAB and performs testing and analysis on forensic samples on both ante-mortem and post-mortem cases, providing product assurance and validity of results. The Sheriff’s Office Crime Lab and Coroner's Office will utilize services provided by NMS for sample evidence analysis. CONSEQUENCE OF NEGATIVE ACTION: A negative action on this item will cause long delays in the processing of forensic toxicology analysis submitted as evidence. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/13/2018 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 ABSENT: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 13, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: C. 34 To:Board of Supervisors From:David O. Livingston, Sheriff-Coroner Date:November 13, 2018 Contra Costa County Subject:National Medical Services Inc. November 13, 2018 CCC BOS Minutes 314 November 13, 2018 CCC BOS Minutes 315 RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County Contract Amendment Agreement #24–794–12(4) with BHC Fremont Hospital, Inc., a non-profit corporation, effective August 1, 2018, to amend Contract #24-794-12(2) to increase the payment limit by $200,000 from $100,000 to a new payment limit of $300,000, with no change in the term of July 1, 2018 through June 30, 2019. FISCAL IMPACT: This amendment is funded 100% Mental Health Realignment. No County match required. BACKGROUND: Assembly Bill (AB) 757, (Chapter 633, Statutes of 1994), authorized the transfer of state funding for Fee-For-Service/Medi-Cal acute psychiatric inpatient hospital services from the Department of Health Services to the Department of Health Care Services. On January 1, 1995, the Department of Mental Health transferred these funds and the responsibility for authorization and funding of Medi-Cal acute psychiatric inpatient hospital services to counties that chose to participate in this program. In June, APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/13/2018 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 ABSENT: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 13, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: L Walker, M Wilhelm C. 35 To:Board of Supervisors From:Anna Roth, Health Services Director Date:November 13, 2018 Contra Costa County Subject:Amendment #24–794–12(4) with BHC Fremont Hospital, Inc. November 13, 2018 CCC BOS Minutes 316 BACKGROUND: (CONT'D) 2018, the County Administrator approved and the Purchasing Services Manager executed Contract #24–794–12(2) with BHC Fremont Hospital, Inc., for the provision of inpatient psychiatric hospital services to County-referred children, adolescents and adults for the period from July 1, 2018 through June 30, 2019. Due to an increase in the number of patients needing inpatient psychiatric services, County referred clients to Contractor when Contra Costa Regional Medical Center and John Muir Behavioral Heath were both full. Approval of Contract Amendment Agreement #24–794–12(4) will allow the Contractor to provide additional inpatient psychiatric services through June 30, 2019. CONSEQUENCE OF NEGATIVE ACTION: If this amendment is not approved, County’s mental health clients will not receive additional inpatient psychiatric services from Contractor’s facility. CHILDREN'S IMPACT STATEMENT: This program supports the following Board of Supervisors’ community outcome: “Communities that are Safe and Provide a High Quality of Life for Children and Families”. Expected program outcomes include a decrease in the need for inpatient care and placement at a lower level of care. November 13, 2018 CCC BOS Minutes 317 RECOMMENDATION(S): APPROVE and AUTHORIZE the Auditor-Controller, or designee, to pay an amount of $40,832.55 to Acusis, LLC for medical transcription and dictation services for Contra Costa Regional Medical Center (CCRMC) for the months of March 2015, July 2015, January 2017 and February 2017. FISCAL IMPACT: This contract is funded 100% Hospital Enterprise Fund I. BACKGROUND: Due to the Health Services Department's Public Health Division also utilizing Contractor's transcription services, CCRMC was unaware additional services had been requested and provided and that the payment limit had been exceeded. The Contractor is entitled to payment for the reasonable value of its services under the equitable relief theory of quantum meruit. That theory provides that where a contractor has been asked to provide services without a valid contract, and the contractor does so to the benefit of the County, the Contractor is entitled to recover the reasonable value of those APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/13/2018 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 ABSENT: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 13, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: L Walker, M Wilhelm C. 36 To:Board of Supervisors From:Anna Roth, Health Services Director Date:November 13, 2018 Contra Costa County Subject:Payments for Services Provided by Acusis, LLC November 13, 2018 CCC BOS Minutes 318 BACKGROUND: (CONT'D) services. Acusis, LLC provided services at the request of the County after the original contract payment limit had been reached. The Department is requesting the amount due the Contractor be paid in an amount of $40,832.55 for services rendered the months of March 2015, July 2015, January 2017 and February 2017. CONSEQUENCE OF NEGATIVE ACTION: If this payment is not approved, the Contractor will not be paid for services provided in good faith. CHILDREN'S IMPACT STATEMENT: November 13, 2018 CCC BOS Minutes 319 RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County Contract #77-005-4 with David S. Gee, M.D., an individual, in an amount not to exceed $200,000, to provide consultation and technical assistance to the Contra Costa Health Plan (CCHP) Medical Management team with regard to Utilization Management Program polices and procedures for the period from December 1, 2018 through November 30, 2019. FISCAL IMPACT: This Contract is funded 100% by CCHP Enterprise Fund II. (No Rate increase) BACKGROUND: On November 14, 2017, the Board of Supervisors approved Contract #77-005-2 (as amended by Amendment Agreement #77-005-3) with David S. Gee, M.D., to provide consultation and technical assistance to the CCHP Medical Management team with regard to Utilization Management Program polices and procedures, for the period from December 1, 2017 through November 30, 2018. Approval of Contract #77-005-4 will allow the Contractor to continue providing consultation and technical assistance to the CCHP Medical Management team through November 30, 2019. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/13/2018 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 ABSENT: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 13, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: Kathleen Cyr, Marcy Wilhelm C. 37 To:Board of Supervisors From:Anna Roth, Health Services Director Date:November 13, 2018 Contra Costa County Subject:Contract #77-005-4 with David S. Gee, M.D. November 13, 2018 CCC BOS Minutes 320 CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, the CCHP Management Team will not receive the benefits of consultation and technical assistance from the Contractor. November 13, 2018 CCC BOS Minutes 321 RECOMMENDATION(S): APPROVE and AUTHORIZE the Employment and Human Services Director, or designee, to execute a contract with the Crowne Plaza Hotel Concord in an amount not to exceed $6,000 to provide the facility for the Foster Parent Recognition Retention Support Program, Caregiver Appreciation Recognition event scheduled for May 20, 2019 and requiring County assumption of liability for injuries or damages caused by attendees. FISCAL IMPACT: The facility rental charge of $6,000 will be funded from AB 2129 Foster Parent Training and Recruitment, as stated in County Fiscal Letter (CFL) 97/98-26. Funds will be 50% Federal and 50% State. BACKGROUND: California Department of Social Services (CDSS) works in collaboration with the California Welfare Directors Association (CWDA) Finance Advisory Committee. CDSS authorizes recognition events coordinated by counties to recognize the achievements of current foster parents, help retain their valuable services, and recruit potential parents. Recognition events are allowable under 45 Code of Federal Regulation 1856.60(c)(2)(vii). Additionally, effective September 1997, counties may claim these allowable foster parent recruitment costs using AB 2129 Foster Parent Recruitment, as stated in CFL 97/98-26. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/13/2018 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 ABSENT: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 13, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: C. 38 To:Board of Supervisors From:Kathy Gallagher, Employment & Human Services Director Date:November 13, 2018 Contra Costa County Subject:Caregiver Appreciation Recognition Event November 13, 2018 CCC BOS Minutes 322 BACKGROUND: (CONT'D) On May 20, 2019, Employment and Human Services, Children and Family Services Bureau, will host a caregiver appreciation recognition event for kin and non-kin caregivers (foster parents and caregivers). Provision of food and beverages during the recognition event is allowable under CDSS State allocation funds set for "caregiver appreciation" activities. The contract for the event includes language that requires the County to indemnify the Crowne Plaza Hotel Concord for injuries or damage caused by attendees during the event. CONSEQUENCE OF NEGATIVE ACTION: Not hosting the requested event, would inhibit the County's ability to attract and retain current and prospective foster parents for Employment and Human Services (EHSD). With various child welfare regulations impacting Continuum of Care Reform and Resource Family Approval, it is essential EHSD maintains and finds foster parents to open their homes for the County's vulnerable, at risk, and needy youth, to avoid/prevent manifestation of mental, physical, and social issues (i.e. homelessness, health concerns, etc.). November 13, 2018 CCC BOS Minutes 323 RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County Contract #26-584-7 with Diablo Nephrology Medical Group, Inc., a corporation, in an amount not to exceed $804,000, to provide nephrology (treatment of kidney conditions and abnormalities) services at Contra Costa Regional Medical Center (CCRMC) and Contra Costa 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 6, 2015, the Board of Supervisors approved Contract #26-584-6 with Diablo Nephrology Medical Group, Inc., for the period from November 1, 2015 through October 31, 2018, for the provision of nephrology services at CCRMC and Contra Costa Health Centers. Approval of Contract #26-584-7 will allow the Contractor to continue to provide nephrology services, through October 31, 2021. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/13/2018 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 ABSENT:Federal D. Glover, District V Supervisor Contact: Samir Shah, M.D. 925-370-5475 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 13, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: A Floyd, M Wilhelm C. 39 To:Board of Supervisors From:Anna Roth, Health Services Director Date:November 13, 2018 Contra Costa County Subject:Contract #26-584-7 with Diablo Nephrology Medical Group, Inc. November 13, 2018 CCC BOS Minutes 324 CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, Contractor will not be able to provide nephrology services at CCRMC and Contra Costa Health Centers. November 13, 2018 CCC BOS Minutes 325 RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County Contract #76-626 with Siemens Healthcare Diagnostics Inc., a corporation, in an amount not to exceed $20,740, including changes to the County Standard Indemnification clause, to provide maintenance and repair of blood gas analyzers at Contra Costa Regional Medical Center (CCRMC) and Contra Costa Health Centers for the period from July 15, 2018 through June 14, 2023. FISCAL IMPACT: This Contract is funded by 100% Hospital Enterprise Fund I. BACKGROUND: Under Contract #76-626, the Contractor will provide maintenance and repair of Blood Gas Analyzers at CCRMC for the period July 15, 2018 through July 14, 2023. CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, patients requiring diagnostic laboratory services at CCRMC and Contra Costa Health Centers will not have access to Contractor’s services. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/13/2018 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 ABSENT: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 13, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: A Floyd, M Wilhelm C. 40 To:Board of Supervisors From:Anna Roth, Health Services Director Date:November 13, 2018 Contra Costa County Subject:Contract #76-626 with Siemens Healthcare Diagnostics Inc. November 13, 2018 CCC BOS Minutes 326 ATTACHMENTS November 13, 2018 CCC BOS Minutes 327 RECOMMENDATION(S): APPROVE and AUTHORIZE the Director of Risk Management to execute a contract amendment with Ah Hing dba Risk Management Outsourcing, LLC to extend the term from December 31, 2018 to June 30, 2019 and increase the payment limit by $59,493.78 to a new payment limit of $237,975.22 to continue providing risk management serves on behalf of the County. FISCAL IMPACT: Costs for risk management related services are charged out to operating departments through the Self-Insurance Internal Service Funds. BACKGROUND: Risk Management Outsourcing LLP provides expert services needed to: 1) develop self-insured workers' compensation and liability premium charges for Departments based on payroll and losses; 2) obtain and organize data for actuarial reviews of the County's self-insurance programs; 3) develop insurance requirements, indemnification and other provisions to protect APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/13/2018 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 ABSENT:Federal D. Glover, District V Supervisor Contact: Sharon Hymes-Offord (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 13, 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:Sharon Offord Hymes, Risk Manager Date:November 13, 2018 Contra Costa County Subject:Contract Amendment/Extension with Ah Hing dba Risk Management Outsourcing LLC November 13, 2018 CCC BOS Minutes 328 BACKGROUND: (CONT'D) the County in contracts with Departments; 4) work with Departments and public contracting parties to develop reasonable alternatives to standard form contract insurance requirements; 5) obtain and organize underwriting information required by the County's excess property, general liability, medical malpractice, bonding aircraft, and workers' compensation insurance carriers; 6) prepare forms for filing of risk management information required by state and federal regulatory agencies. CONSEQUENCE OF NEGATIVE ACTION: The County will not be able to ensure compliance with risk management and safety information required by state and federal regulatory agencies. November 13, 2018 CCC BOS Minutes 329 RECOMMENDATION(S): APPROVE and AUTHORIZE the Employment and Human Services Director, or designee, to execute a contract containing modified indemnification language with the Regents of the University of California, Davis, in an amount not to exceed $97,750 to provide staff training on eligibility, employment services, adult services, and general leadership for the period December 1, 2018 through June 30, 2019. FISCAL IMPACT: The funds allocated for this contract are 25% State and 75% Federal (CFDA #93.658, Foster Care Title IV-E; CFDA #93.778, Medical Assistance Program; CFDA #10.561, State Administrative Matching Grants for the Supplemental Nutrition Assistance Program; CFDA #93.558, Temporary Assistance for Needy Families). BACKGROUND: The University of California Davis provides training to Employment and Human Services Department CalWORKS Eligibility, Employment Services and Welfare-to-Work, and Adult Services staff. These mandatory trainings include classes related to eligibility, leadership, health care reform, professional development, and career growth. The program meets State regulations that allow public institutions APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/13/2018 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 ABSENT: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 13, 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:Kathy Gallagher, Employment & Human Services Director Date:November 13, 2018 Contra Costa County Subject:Contract with the Regents of the University of California, Davis November 13, 2018 CCC BOS Minutes 330 BACKGROUND: (CONT'D) of higher education to provide in-kind match funding equal to the California Welfare Department's share of costs, resulting in no expense to the County, and more informed and skilled staff. The Regents of the University of California, Davis, require the inclusion of a mutual indemnification clause in the agreement. CONSEQUENCE OF NEGATIVE ACTION: Employment and Human Services Department will be unable to provide training necessary to ensure a knowledgeable, professional staff. November 13, 2018 CCC BOS Minutes 331 RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County Contract #26-756-5 with Treg Antioch I OP CO LP (dba Trevista Antioch LP), a Limited Liability Partnership, in an amount not to exceed $153,000, to provide residential board and care services for post medical, surgical, and/or custodial care patients who have been discharged from Contra Costa Regional Medical Center (CCRMC) and Health Centers, for the period November 1, 2018 through October 31, 2019. FISCAL IMPACT: This Contract is funded 100% County General Fund. (No rate increase) BACKGROUND: On November 7, 2017, the Board of Supervisors approved Contract #26-756-4 with Treg Antioch I OP LP, (dba Trevista Antioch LP), to provide residential board and care services for post medical, surgical, and/or custodial care patients who have been discharged from CCRMC and would otherwise not have appropriate follow up care for the period from November 1, 2017 through October 31, 2018. Approval of Contract #26-756-5 will allow Contractor to continue to provide residential board and care services through October 31, 2019. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/13/2018 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 ABSENT: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 13, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: A Floyd , M Wilhelm C. 43 To:Board of Supervisors From:Anna Roth, Health Services Director Date:November 13, 2018 Contra Costa County Subject:Contract #26-756-5 with Treg Antioch I OP CO LP (dba Trevista Antioch LP) November 13, 2018 CCC BOS Minutes 332 CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, County’s patients will not have access to Contractor’s residential board and care services. November 13, 2018 CCC BOS Minutes 333 RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County Contract #74-343-11 with Richard D. Baldwin, M.D., an individual, in an amount not to exceed $264,960 to provide geriatric psychiatric services for County’s Adult Mental Health Clinics, for the period from January 1, 2019 through December 31, 2019. FISCAL IMPACT: This Contract is funded 100% by Mental Health Realignment Fund. (No rate increase) BACKGROUND: On November 8, 2016, the Board of Supervisors approved Contract #74-343-8 (as amended by Amendment Agreement #74-343-10) with Richard D. Baldwin, M.D. for the provision of geriatric psychiatric services, including diagnosing, counseling, evaluating, medical and therapeutic services, for seriously and persistently mentally ill older adults at the County’s Adult Mental Health Clinics, and consulting and training to other clinical staff, for the period from January 1, 2018 through December 31, 2018. Approval of Contract #74-343-11 will allow the Contractor to continue providing geriatric psychiatric services through December 31, 2019. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/13/2018 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 ABSENT:Federal D. Glover, District V Supervisor Contact: Matthew White, 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 13, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: D Morgan, M Wilhelm C. 44 To:Board of Supervisors From:Anna Roth, Health Services Director Date:November 13, 2018 Contra Costa County Subject:Contract #74-343-11 with Richard D. Baldwin, M.D. November 13, 2018 CCC BOS Minutes 334 CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, County’s clients will not have access to Contractor’s geriatric psychiatric services. November 13, 2018 CCC BOS Minutes 335 RECOMMENDATION(S): APPROVE and AUTHORIZE the Conservation and Development Director, or designee, to execute a contract amendment with Environmental Science Associates, Inc., to extend the term from December 31, 2018, through December 31, 2020, and revise Attachment B - Environmental Science Associates & Subsidiaries 2018 Schedule of Fees, to prepare an Environmental Impact Report (EIR) for the Keller Canyon Landfill land use permit amendment, with no change to the contract limit of $402,588. FISCAL IMPACT: There is no impact to the General Fund. The cost for preparing the EIR is charged to the project applicant (100% land use permit fees). BACKGROUND: The Department of Conservation and Development (DCD) is the lead agency responsible for conducting the environmental review of the proposed Keller Canyon Landfill (KCL) land use permit amendment. DCD determined that the proposed land use permit amendment (Project) warrants preparation of a Subsequent EIR pursuant to the requirements of the California Environmental Quality Act (CEQA). DCD retained Environmental Science Associates, Inc. (ESA) to prepare the EIR for this Project. The existing contract APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/13/2018 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 Brockbank (925)674-7794 I hereby certify that this is 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 13, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C. 45 To:Board of Supervisors From:John Kopchik, Director, Conservation & Development Department Date:November 13, 2018 Contra Costa County Subject:Contract Amendment with Environmental Science Associates for Environmental Review for Keller Canyon Landfill Land Use Permit Amendment November 13, 2018 CCC BOS Minutes 336 BACKGROUND: (CONT'D) will expire on December 31, 2018, however it is not possible for the work to be completed within the existing time frame due to: (1) the Applicant's request that work on the EIR be placed on hold pending completion of the on-going land use permit review process, (2) potential changes to the scope of the project being considered by the landfill operator which, if formally proposed, may necessitate circulation of a new Notice of Preparation, and (3) updated studies being necessary to confirm whether the Project will potentially significantly impact certain environmental resources. ESA is best suited to complete the EIR for this Project and therefore, DCD is requesting authorization to amend the contract with ESA. No further changes are proposed to the be made to the existing modified indemnification provision of the General Conditions (paragraph 18) applicable to this contract. The contractor will continue to be required to indemnify the County. CONSEQUENCE OF NEGATIVE ACTION: DCD will be unable to complete the EIR for the KCL land use permit amendment that has been partially prepared by ESA. The land use permit amendment process would be delayed in order for DCD staff to prepare a new proposal to enlist a consultant to finish the EIR. CLERK'S ADDENDUM Speaker: Jenn Borcic, resident of Pittsburg. November 13, 2018 CCC BOS Minutes 337 RECOMMENDATION(S): APPROVE and AUTHORIZE the Conservation and Development Director, or designee, to execute a contract amendment with Crowe Horwath LLP, effective June 4, 2018, to reflect the contractor's new company name, Crowe LLP, with no change to the payment limit or contract term. FISCAL IMPACT: There is no impact to the General Fund. The costs associated with the contract being amended are covered by solid waste collection franchise fees paid to the County. BACKGROUND: The Department of Conservation and Development (DCD) is the agency responsible for administering the Franchise Agreements with companies that collect solid waste (garbage, recycling, and organics) in designated unincorporated service areas. The County entered into four Franchise Agreements and the County approved Rate Setting Methodology Manuals that detail process for adjusting rates. DCD retained Crowe Horwath LLP to provide technical assistance with rate setting APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/13/2018 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 ABSENT:Federal D. Glover, District V Supervisor Contact: David Brockbank (925)674-7794 I hereby certify that this is 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 13, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: C. 46 To:Board of Supervisors From:John Kopchik, Director, Conservation & Development Department Date:November 13, 2018 Contra Costa County Subject:Contract Amendment to Change Name of Contractor from Crowe Horwath LLP to Crowe LLP November 13, 2018 CCC BOS Minutes 338 BACKGROUND: (CONT'D) and potential franchise amendments. Crowe Horwath LLP officially changed its name to Crowe LLP on June 4, 2018. The proposed amendment is necessary in order to allow issuance of checks that are payable to the contractor's new company name, Crowe LLP. All other terms are proposed to remain the same, including the payment limit, contract term and the existing modified indemnification provision of the General Conditions (paragraph 18) applicable to this contract. The contractor will continue to be required to indemnify the County. CONSEQUENCE OF NEGATIVE ACTION: DCD will be unable to pay contractor for work already completed and DCD staff will have to prepare a new proposal to enlist a consultant to finish the existing Franchise Haulers' rate review applications. November 13, 2018 CCC BOS Minutes 339 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 $119,915 for the purchase of Dell EMC Unity Network-Attached Storage (NAS) hardware and support services for the period from November 1, 2018 through October 31, 2021. FISCAL IMPACT: 100% Funding is included in the Enterprise Fund I Budget. BACKGROUND: The Health Services Department’s Information Technology Unit currently owns EMC Celerra storage for the Epic System. The new hardware will replace the Celerra storage. The new EMC Unity 400 NAS provides bigger storage and faster retrieval from the Epic System used by the Contra Costa Regional Medical Center (CCRMC) and Health Centers. The hardware has the capability for future storage. The Customer Purchase Agreement obligates the County to indemnify Dell against any third-party claim resulting from County’s violation of Dell’s proprietary rights. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/13/2018 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 ABSENT: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 13, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: Marcy Wilhelm, Renee Nunez C. 47 To:Board of Supervisors From:Anna Roth, Health Services Director Date:November 13, 2018 Contra Costa County Subject:Purchase Order for Groupware Technology, Inc., for Dell EMC Unity 400 Storage November 13, 2018 CCC BOS Minutes 340 CONSEQUENCE OF NEGATIVE ACTION: Without the purchase of this product, the Health Services Department won’t be able to replace the current storage and plan for future expansion for Electronic Health Record (EHR) use by Epic System for CCRMC and Health Centers, which could impact patient care and cause the Health Services Department to fall out of compliance with Federal and State regulations. November 13, 2018 CCC BOS Minutes 341 RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County Contract #77-101-1 with Ed Supports, LLC (dba Juvo Autism + Behavioral Health Services), a Limited Liability Company, in an amount not to exceed $500,000, to provide applied behavior analysis services for Contra Costa Health Plan (CCHP) members for the period from November 1, 2018 through October 31, 2020. FISCAL IMPACT: This Contract is funded 100% CCHP Enterprise Fund II. BACKGROUND: Under Contract #77-101-1, the Contractor will provide applied behavior analysis services for CCHP member, for the period from November 1, 2018 through October 31, 2020. CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, CCHP members will not receive the benefits of applied behavioral analysis services from the Contractor. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/13/2018 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 ABSENT: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 13, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: Marcy Wilhelm C. 48 To:Board of Supervisors From:Anna Roth, Health Services Director Date:November 13, 2018 Contra Costa County Subject:Contract #77-101-1 with Ed Supports, LLC (DBA Juvo Autism + Behavioral Health Services) November 13, 2018 CCC BOS Minutes 342 RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County Contract #77-184 with A Plus Hospice, Inc., in an amount not to exceed $200,000, to provide hospice services for Contra Costa Health Plan (CCHP) members for the period from November 1, 2018 through October 31, 2020. FISCAL IMPACT: This Contract is funded 100% CCHP Enterprise Fund II. BACKGROUND: Under Contract #77-184, the Contractor will provide hospice services for CCHP members for the period from November 1, 2018 through October 31, 2020. CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, CCHP members will not receive the benefits of hospice services from the Contractor. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/13/2018 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 ABSENT: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 13, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: Marcy Wilhelm C. 49 To:Board of Supervisors From:Anna Roth, Health Services Director Date:November 13, 2018 Contra Costa County Subject:Contract #77-184 with A Plus Hospice, Inc. November 13, 2018 CCC BOS Minutes 343 RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County Contract #77-188 with Bayhealth, Inc., in an amount not to exceed $300,000, to provide home health care services for Contra Costa Health Plan (CCHP) members for the period from November 1, 2018 through October 31, 2020. FISCAL IMPACT: This Contract is funded 100% CCHP Enterprise Fund II. BACKGROUND: Under Contract #77-188, the Contractor will provide home health care services for CCHP member, for the period from November 1, 2018 through October 31, 2020. CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, CCHP members will not receive the benefits of hospice services from the Contractor. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/13/2018 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 ABSENT: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 13, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: Marcy Wilhelm C. 50 To:Board of Supervisors From:Anna Roth, Health Services Director Date:November 13, 2018 Contra Costa County Subject:Contract #77-188 with Bayhealth, Inc. November 13, 2018 CCC BOS Minutes 344 RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County Contract #77-189 with Sojourn Hospice and Palliative Care – East Bay, LLC, in an amount not to exceed $200,000, to provide hospice services for Contra Costa Health Plan (CCHP) members for the period from November 1, 2018 through October 31, 2020. FISCAL IMPACT: This Contract is funded 100% CCHP Enterprise Fund II. BACKGROUND: Under Contract #77-189, the Contractor will provide hospice services for CCHP, for the period from November 1, 2018 through October 31, 2020. CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, CCHP members will not receive the benefits of hospice services from the Contractor. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/13/2018 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 ABSENT: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 13, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: Marcy Wilhelm C. 51 To:Board of Supervisors From:Anna Roth, Health Services Director Date:November 13, 2018 Contra Costa County Subject:Contract #77-189 with Sojourn Hospice and Palliative Care – East Bay, LLC November 13, 2018 CCC BOS Minutes 345 RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County Contract #24-681-94(2) with PH Senior Care, LLC (dba Pleasant Hill Manor), a limited liability company, in an amount not to exceed $780,000, to provide augmented residential board and care services, including room, board, care and supervision for the period December 1, 2018 through November 30, 2019. FISCAL IMPACT: This Contract is funded by 88% Mental Health Realignment funds and 12% Mental Health Services Act. (No rate increase) BACKGROUND: This Contract meets the social needs of the County's population by augmenting room and board and providing twenty-four hour emergency residential care and supervision to eligible mentally disordered clients, who are specifically referred by the Mental Health Program Staff and who are served by County Mental Health Services. On February 27, 2018, the Board of Supervisors approved Contract #24-681-94, as amended by Contract Amendment Agreement #24-681-94(1), with PH Senior Care, LLC (dba Pleasant APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/13/2018 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 ABSENT: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 13, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: E Suisala , M Wilhelm C. 52 To:Board of Supervisors From:Anna Roth, Health Services Director Date:November 13, 2018 Contra Costa County Subject:Contract #24-681-94(2) with PH Senior Care, LLC (dba Pleasant Hill Manor) November 13, 2018 CCC BOS Minutes 346 BACKGROUND: (CONT'D) Hill Manor), for the provision of augmented board and care services for County-referred mentally disordered clients, for the period from November 28, 2017 through November 30, 2018. Approval of Contract #24-681-94(2), will allow the Contractor to provide augmented board and care services through November 30, 2019. CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, County’s mentally disordered residents will not receive the care and supervision they need which may result in increased hospitalizations. November 13, 2018 CCC BOS Minutes 347 RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County Contract Amendment Agreement #24-979-35 with Addiction Research and Treatment, Inc., a corporation, effective July 1, 2018, to amend Contract #24-979-34 to increase the payment limit by $84,358, from $7,522,370 to a new payment limit of $7,606,728, with no change in the term of July 1, 2018 through June 30, 2019. FISCAL IMPACT: This Amendment is funded 50% Federal Drug Medi-Cal and 50% State Drug Medi-Cal. (Rate increase) BACKGROUND: On July 24, 2018, the Board of Supervisors approved Contract #24-979-34 with Addiction Research and Treatment, Inc., for the provision of methadone treatment services through its Methadone Maintenance Clinics Program (Medi-Cal Drug Abuse Treatment Services) in East and West County, for the period from July 1, 2018 through June 30, 2019. Due to the delay in the release of the Medication Assisted Treatment (MAT) rates, the Alcohol and other Drug Services (AODS) Division was forced to submit a contract APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/13/2018 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 ABSENT: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 13, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: E Suisala , M Wilhelm C. 53 To:Board of Supervisors From:Anna Roth, Health Services Director Date:November 13, 2018 Contra Costa County Subject:Amendment #24-979-35 with Addiction Research and Treatment, Inc. November 13, 2018 CCC BOS Minutes 348 BACKGROUND: (CONT'D) renewal utilizing the approved rates from the previous fiscal year. The State Department of Health Care Services released the current rates in August 2018 and an amendment was submitted to update the service and dosing rates to align with the requirements. Approval of Contract Amendment Agreement #24-979-35 will allow the Contractor to provide additional methadone maintenance services through June 30, 2019. CONSEQUENCE OF NEGATIVE ACTION: If this amendment is not approved, the correct dosing rates approved by the State would not be included in this contract. . November 13, 2018 CCC BOS Minutes 349 RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County Contract #74-587 with Greater Richmond Interfaith Program, a non-profit corporation, in an amount not to exceed $147,585, to provide Substance Abuse and Mental Health Services for California Work Opportunity and Responsibility to Kids (CalWORKs) participants, for the period from November 1, 2018 through June 30, 2019. FISCAL IMPACT: This Contract is funded 100% by CalWORKs Substance Abuse and Mental Health Services (SAMHWorks) Funds. BACKGROUND: This Contract meets the social needs of County’s population by providing specialized substance abuse treatment services so that adults with co-occurring mental disorders are provided an opportunity to achieve sobriety and recover from the effects of alcohol and other drug use, become self-sufficient, and return to their families as productive individuals. Under Contract #74-587, the Contractor will provide SAMHWorks services including, but not limited to, support with stabilizing housing and life skills, employment and education resources, conduct parenting classes and therapeutic group services to CalWORKs participants, through June 30, 2019. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/13/2018 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 ABSENT: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 13, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: E Suisala , M Wilhelm C. 54 To:Board of Supervisors From:Anna Roth, Health Services Director Date:November 13, 2018 Contra Costa County Subject:Contract #74-587 with Greater Richmond Interfaith Program November 13, 2018 CCC BOS Minutes 350 November 13, 2018 CCC BOS Minutes 351 CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, County’s clients will not have access to Contractor’s services, which may result in a reduction in the levels of service to the community. CHILDREN'S IMPACT STATEMENT: This program supports the following Board of Supervisors’ community outcomes: “Children Ready For and Succeeding in School”; “Families that are Safe, Stable, and Nurturing”; and “Communities that are Safe and Provide a High Quality of Life for Children and Families”. Expected program outcomes include an increase in positive social and emotional development as measured by the Child and Adolescent Functional Assessment Scale (CAFAS). November 13, 2018 CCC BOS Minutes 352 RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County Contract #26-977-17 with Diablo Valley Oncology and Hematology Medical Group, Inc., a corporation, in an amount not to exceed $601,000, to provide urology services 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 6, 2015, the Board of Supervisors approved Contract #26-977-15 (as amended by Amendment Agreements #26-977-16) with Diablo Valley Oncology and Hematology Medical Group, Inc., to provide urology services at CCRMC and Contra Costa Health Centers, for the period from November 1, 2015 through October 31, 2018. Approval of Contract #26-977-17 will allow Contractor to continue to provide urology services at CCRMC and Contra Costa Health Centers through October 31, 2021. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/13/2018 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 ABSENT:Federal D. Glover, District V Supervisor Contact: Samir Shah, M.D. (925) 370-5475 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 13, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: A Floyd , M Wilhelm C. 55 To:Board of Supervisors From:Anna Roth, Health Services Director Date:November 13, 2018 Contra Costa County Subject:Contract #26-977-17 with Diablo Valley Oncology and Hematology Medical Group, Inc. November 13, 2018 CCC BOS Minutes 353 CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, patients requiring urology services will not have access to Contractor’s services. November 13, 2018 CCC BOS Minutes 354 RECOMMENDATION(S): AUTHORIZE the Chair of the Board of Supervisors to sign the attached letter to the Metropolitan Transportation Commission (MTC) regarding policies proposed by MTC's Committee to House the Bay Area (CASA) that would reduce or recalculate development impact fees including those related to traffic. FISCAL IMPACT: None at this time. Ultimately, the proposal is to alter State law as it relates to impact fees with the result that at some point in the future there could be a cap or limit on impact fees, which could reduce revenues available to local jurisdictions for project delivery. BACKGROUND: CASA is a Committee convened by the Metropolitan Transportation Commission to "identify and act upon game-changing regional solutions to the Bay Area's chronic housing affordability challenges". Staff brought the following CASA proposal to the attention of TWIC: Action #11.1 Reduce Impact Fees. Attachment 1 is the information produced by CASA. The CASA summary of the proposal is as follows, APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/13/2018 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 ABSENT:Federal D. Glover, District V Supervisor Contact: Colin Piethe (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 13, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C. 56 To:Board of Supervisors From:TRANSPORTATION, WATER & INFRASTRUCTURE COMMITTEE Date:November 13, 2018 Contra Costa County Subject:Letter to the Metropolitan Transportation Commission Re: a proposal to reduce impact fees November 13, 2018 CCC BOS Minutes 355 BACKGROUND: (CONT'D) "Draft and adopt State law to change the structure of impact fee impositions to make rules more uniform and transparent." The "Desired Effect" of this proposal is to "Reduce fee cost and confusion that makes housing production more difficult and less feasible across the income spectrum." The Transportation, Water, and Infrastructure Committee recommended that the Board of Supervisors transmit a letter communicating the County's opposition to the CASA proposal. CONSEQUENCE OF NEGATIVE ACTION: If the letter is not transmitted, the County will miss this opportunity to communicate its policy priorities on this topic. ATTACHMENTS Letter to MTC MTC - CASA - 11.1 Reduce Impact Fees November 13, 2018 CCC BOS Minutes 356 The Board of Supervisors County Administration Building 651 Pine Street, Room 106 Martinez, California 94553 John Gioia, 1st District Candace Andersen, 2nd District Diane Burgis, 3rd District Karen Mitchoff, 4th District Federal D. Glover, 5th District November 13, 2018 Jake Mackenzie, Chair Metropolitan Transportation Commission 375 Beale St #800 San Francisco, CA 94105 Subject: RE: July 25, 2018 CASA Steering Committee Agenda: Action #11.1 Reduce Impact Fees Dear Chair Mackenzie: On behalf of the Contra Costa County Board of Supervisors, I am writing to comment on the CASA Steering Committees recommendations found in the July 25, 2018 Steering Committee agenda packet. Specifically, we have concerns regarding “Action 11.1 Reduce Impact Fees.” While the County supports the effort to address the housing shortage, we strongly recommend against adopting the subject action as it relates to traffic impact fees. Much like our colleagues throughout the region, County jurisdictions develop traffic impact fees through a collaborative process which includes the development community, local staff, and policy makers. Through transparent public processes, jurisdictions throughout Contra Costa develop fees which balance transportation needs and market conditions based on unique, local knowledge. Traffic impact fees are a critical component in the delivery of capital projects. By way of example, both the eBART extension to Antioch and the widening of State Route 4 through Eastern Contra Costa County would not have been possible without the fee program administered by the East Contra Costa Fee and Financing Authority. Centralized influence over impact fees would compromise the County’s substantial investment in our strategically developed traffic impact fee programs. A number of these fee programs are embedded in our collaborative, multijurisdictional growth management program which has been in place since the 1980s. In the event MTC proceeds with the “Reduce Impact Fees” strategy as proposed, we respectfully request that local jurisdictions be reimbursed for any lost revenue including those related to traffic impacts. Thank you for your consideration of these comments on CASA’s important work. We look forward to collaborating on these policies in the near future. If you have any questions on this letter please feel free to contact me or my staff, Planning Director John Kopchik john.kopchik@dcd.cccounty.us, (925) 674-7819. Sincerely, Karen Mitchoff, Chair Contra Costa County Board of Supervisors Supervisor, District IV C: Federal D. Glover, MTC Commissioner Amy Worth, MTC Commissioner Julie Pierce, ABAG Immediate Past President Martin Engelmann, Deputy Director, Planning – CCTA File path: S:\Cunningham\review\MTC CASA letter David Twa Clerk of the Board and County Administrator (925) 335-1900 Contra Costa County November 13, 2018 CCC BOS Minutes 357 PRODUCTION Action #11.1 Reduce Impact Fees Key Element of CASA Compact #11 Lower net cost of new construction Summary of Proposed Action Draft and adopt State law to change the structure of impact fee impositions to make rules more uniform and transparent. Desired Effect Reduce fee cost and confusion that makes housing production more difficult and less feasible across the income spectrum. Increased production at any level requires that fees be established early in the process. Additionally, fees should be capped, as they are becoming prohibitive for deed restricted affordable projects to pay for (requiring public subsidy to pay the fees) and are making it cost-prohibitive for missing middle* and market rate housing to be created at all. *Note: “Missing Middle” denotes the range of multi-unit or clustered housing types compatible in scale to single-family homes, but generally lower in density than larger multi-family apartments in the urban core. These can include duplexes, fourplexes, bungalow courts, etc. with density to support transit and access to local amenities. Detailed Description of Action Such a law could include the following components: a)Lock all rules and fees at development application completeness and adopt all fees and rules up front: This can help prevent inconsistent and confusing case-by-case imposition of changing standards (exactions, community benefits, codes, etc.) throughout the development process. b)Change method of calculating impact fees: A change in fee calculation from the current “nexus” method to a “shared equity method”. The former determines the maximum fee that can be legally levied on new development, whereas the latter takes into account housing need in the area, possibly leading to fee reductions •or- Cap all impact fees: Fees could be capped at a reasonable level comparable to other states ($30k/door all impact areas) c)Change method of imposing fees from per unit to per sqft, thus reducing fees on smaller homes d)No impact fees on small missing middle products or deed restricted affordable units up to 150% AMI whether under density bonus or inclusionary housing rules e)Lower voter threshold for infrastructure/housing bonds so agencies can replace impact fees for capital projects with shared finance Technical Committee Vote # of Votes 1 2 3 4 5 4 9 2 7 2 Resources Needed Agenda Item III d Attachment 9 November 13, 2018 CCC BOS Minutes 358 Scale of Impact (as measured by Plan Bay Area goal alignment) Vehicle(s) for Implementation Primary: •Regional legislation introduced by a Bay Area legislator. Key Questions and Points of Concern? What are the major sticking points and areas of negotiation? 1.Public Agency Funding – Public agencies rely on impact fees to fund essential capital projects and programs. How will these needs be met if impact fees are reduced? One proposal is to lower bond threshold for parks and infrastructure to create more readily available funding sources. Another idea calls for redistributing the local share of property taxes based on achievement of housing production goals. 2.Upfront Community Benefit Programs & Housing Codes – Is it feasible for local agencies to set clear and fixed community benefits programs and housing codes at the plan level, or early in the application process if at the project level? Agenda Item III d Attachment 9 November 13, 2018 CCC BOS Minutes 359 RECOMMENDATION(S): ACCEPT status report from the Environmental Health Director on the revised Solid Waste Collection & Transportation Ordinance, Chapter 418-2, and ADOPT Resolution No. 2018/545 to supersede and replace Resolution No. 2018/41, reducing the amount of the performance bond required to be filed and maintained by a non-franchise solid waste collection and transport permittee from $50,000 to $20,000. FISCAL IMPACT: No fiscal impact. BACKGROUND: The Internal Operations Committee, on October 9, 2018, received the attached status report from Environmental Health Director Dr. Marilyn Underwood, who summarized the actions of her division to establish the permit forms and process, train code and law enforcement officers, and notify non-franchise haulers of the new non-franchise waste hauler permit requirements. Dr. Underwood reported that while extensive outreach has been conducted, no permit applications have been received. More than 40 phone inquiries were received but mostly to confirm exemption from the permit program. She reasoned that the current administrative penalties may not provide enough inducement APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/13/2018 APPROVED AS RECOMMENDED OTHER Clerks Notes:SEE ADDENDUM VOTE OF SUPERVISORS AYE:Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Federal D. Glover, District V Supervisor NO:John Gioia, District I Supervisor Karen Mitchoff, District IV Supervisor Contact: Marilyn Underwood (925) 692-2521 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 13, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C. 57 To:Board of Supervisors From:INTERNAL OPERATIONS COMMITTEE Date:November 13, 2018 Contra Costa County Subject:REDUCING THE PERFORMANCE BOND AMOUNT REQUIRED UNDER CHAPTER 418-2 OF THE CONTRA COSTA COUNTY ORDINANCE CODE November 13, 2018 CCC BOS Minutes 360 BACKGROUND: (CONT'D) for compliance, noting that the cost for a $50,000 performance bond of approximately $500 far exceeds the penalty for the first and second violation of the ordinance and is equivalent to the penalty for a third violation in a year. Consequently, the Committee is recommending adoption of Resolution No. 2018/545, attached, to reduce the bond amount from $50,000 to $20,000 to encourage greater compliance with the new ordinance. CLERK'S ADDENDUM Speaker:  Ed Hofler, resident of El Sobrante (commentary attached). ADOPTED Resolution No. 2018/545 to supersede and replace Resolution No. 2018/41, reducing the amount of the performance bond required to be filed and maintained by a non-franchise solid waste collection and transport permittee from $50,000 to $20,000; (AYES: II, III, V; NOES: I, IV; ABSENT: None ABSTAIN: None)  DIRECTED a referral to the Legislation Committee or through the appropriate committees, to seek legislation in the next session that specifically raises fines for unpermitted haulers; (AYES: I, II, III, IV,V; NOES: None; ABSENT: None ABSTAIN: None)  REQUESTED a report from Environmental Health Services in six months regarding any increase in permit requests directly related to lowering the bond amount and an update on the department’s efforts in working with the cities.  AGENDA ATTACHMENTS Resolution No. 2018/545 Attachment to Resolution No. 2018/545 EH Report: Non-Franchise Solid Waste Hauler Program Exhibit A: Refuse Hauler Pamphlet 2018_English Exhibit B: Refuse Hauler Pamphlet 2018_ Spanish Exhibit C: Mt. View Sanitary District Newsletter May 2018 Exhibit D: Non-Franchise Solid Waste Collection Transport Permit and Map Exhibit E: Quarterly Permit Report_March 2018 MINUTES ATTACHMENTS Signed Resolution No. 2018/545 Correspondence Received November 13, 2018 CCC BOS Minutes 361 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and for Special Districts, Agencies and Authorities Governed by the Board Adopted this Resolution on 11/13/2018 by the following vote: AYE:3 Candace Andersen Diane Burgis Federal D. Glover NO:2 John Gioia Karen Mitchoff ABSENT: ABSTAIN: RECUSE: Resolution No. 2018/545 IN THE MATTER OF REDUCING THE PERFORMANCE BOND AMOUNT REQUIRED UNDER CHAPTER 418-2 OF THE CONTRA COSTA COUNTY ORDINANCE CODE WHEREAS, Section 418-2.018, subdivision (a), of the Contra Costa County Ordinance Code requires a non-franchise solid waste collection and transport permittee to file and maintain a performance bond with the County in a type and amount set by the Board by resolution; and WHEREAS on Jan 23, 2018, the Board of Supervisors adopted Resolution No. 2018/41 setting the amount of the performance bond at $50,000; and WHEREAS, the Internal Operations Committee has recommended the bond amount be reduced to $20,000 based on an Environmental Health Division status report dated October 8, 2018; NOW, THEREFORE, BE IT RESOLVED THAT: The performance bond will be a license and permit bond issued in the name of the permittee, as principal, in favor of Contra Costa County, in the minimum amount of $20,000. 1. The bond will provide that the surety will become liable if the principal fails to comply with a provision of Chapter 418-2 of the Contra Costa County Ordinance Code or a condition of a permit issued to the principal thereunder. 2. The bond will be in substantially the form attached hereto as Exhibit A or other form consistent with this resolution and approved by the County Administrator. 3. This resolution supersedes and replaces Resolution No. 2018/41, which was adopted by the Board on January 23, 2018.4. Contact: Marilyn Underwood (925) 692-2521 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 13, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: November 13, 2018 CCC BOS Minutes 362 November 13, 2018 CCC BOS Minutes 363 NON-FRANCHISE SOLID WASTE HAULER BOND BOND NUMBER_________________ KNOW ALL PEOPLE BY THESE PRESENTS: That _____________________________________________________, whose address for service is ___________________________________________________________ (“Principal”), and __________________________________________________________, whose address for service is ____________________________________________________________ (“Surety”) are held and firmly bound to the County of Contra Costa (“County”) in the sum of twenty thousand dollars ($20,000), for which the payment we bind ourselves, our heirs, executors, administrators, personal representatives, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal is required by Section 418-2.018, subdivision (a) of the Contra Costa County Ordinance Code to file with County and maintain until expiration of a non-franchise solid waste collection and transport permit a performance bond of the type and in the amount set by the County Board of Supervisors (“Board”) by resolution, and WHEREAS, Board Resolution No. 2018/545 sets forth the required type and amount of the performance bond; and WHEREAS, Principal has applied for a permit to engage in the collection and transportation of solid waste in the unincorporated area of Contra Costa County; NOW THEREFORE, the condition of this obligation is that if Principal faithfully complies with Chapter 418-2 of the Contra Costa County Ordinance Code and all conditions of the permit issued thereunder, then this obligation shall be null and void; otherwise, it shall remain in full force and effect. PROVIDED, HOWEVER, this bond is issued subject to the following express conditions: 1. This bond shall be effective on ____________________, 20___, and shall remain in full force and effect for the term of the initial permit and all renewals thereof, for all liabilities, acts, omissions or causes of action arising after this bond becomes effective and before the cancellation of the bond. 2. The aggregate liability of the Surety hereunder shall not exceed the penal sum of this bond. 3. The conditions of this bond are as set forth in Chapter 418-2 of the Contra Costa County Ordinance Code and the permit issued to Principal thereunder, and Board Resolution 2018/545. November 13, 2018 CCC BOS Minutes 364 3. This bond is executed by the Surety to comply with the provisions of Chapter 418-2 of the Contra Costa County Ordinance Code and Chapter 2 (commencing with Section 995.010) of Title 14 of Part 2 of the California Code of Civil Procedure. 4. Surety is jointly and severally liable on the obligations of Chapter 418-2. 5. This bond may be canceled by the Surety by sending a notice of cancellation by certified mail to the Contra Costa County Environmental Health Director, 2120 Diamond Boulevard, Suite 200, Concord, CA 95420. Surety shall at the same time mail or deliver a copy of the notice of cancellation to the Principal. Such cancellation shall take effect 30 days from the date said notice of cancellation is received by the Contra Costa County Environmental Health Director. IN WITNESS WHEREOF, the Principal and Surety have executed this instrument the _________ day of _______________, 20___. Principal By: __________________________________ Print Name: _____________________ Print Title: ______________________ Surety By: __________________________________ Print Name: _____________________ Attorney in Fact__________________ ACKNOWLEDGEMENT OF SURETY I declare under penalty of perjury under the laws of the State of California that I have executed the foregoing bond under an unrevoked power of attorney. Executed on _________________________, 20_____, in _______________________. (City, State) ________________________________________________ Signature of Attorney-In-Fact for Surety ________________________________________________ Printed or Typed Name of Attorney-In-Fact for Surety H:\EH\Bond.10.30.18.docx November 13, 2018 CCC BOS Minutes 365 Contra Costa Environmental Health 2120 Diamond Blvd., Suite 200 Concord, CA 94520 Phone: (925) 692-2500 Fax: (925) 692-2502 www.cchealth.org/eh/ Date: October 8, 2018 To: Contra Costa County Board of Supervisors Internal Operations Committee (IOC) From: Marilyn C. Underwood, Ph.D., REHS, Director of Environmental Health Subject: Update on Revised Solid Waste Collection & Transportation Ordinance Contra Costa County Ordinance 418-2 __________________________________________________________________________________________ A. Introduction On December 5, 2018, the Board adopted Ordinance No. 2017-16 establishing a permit program for specified non-franchise solid waste haulers. Section 418-2.018 of the Ordinance requires a permittee to file with the County a performance bond of the type and in the amount set by Board resolution. In addition, Section 418- 2.020 requires payment of a permit fee established by Board resolution. Following adoption of the Ordinance, Environmental Health (EH) staff returned to the Board on January 23, 2018 with Resolution No. 2018/31 to add a non-franchise solid waste collection and transport permit fee to the schedule of fees for the Environmental Health Division, and Resolution No. 2018/41 establishing the amount of $20,000 as well as other requirements for a performance bond to be filed under Section 418-2.018. The following Section B is a summary of actions taken by county staff to implement this new permit program. B. Summary of Non-Franchise Solid Waste Hauler Program Implementation 1. Hauler Outreach Activities Beginning in January 2018, EH staff enlisted the assistance of the Contra Costa County Health Services Community Education and Information (CEI) group to help construct a website (http://cchealth.org/eh/solid- waste/non-franchise-permit.php) specifically targeted at waste haulers affected by the new permit requirement. Concurrently, the CEI group and EH staff also co-developed an informational brochure (see Exhibits A & B). These brochures have been distributed via the following means: a. EH staff has hand-distributed approximately 135 to haulers encountered out in the field during day- to-day activities, such as leaving on the windshield of parked vehicle filled with solid waste and/or with advertisement about hauling on side of truck. November 13, 2018 CCC BOS Minutes 366 b. Approximately 200 were provided to Republic Services to be handed out to haulers they encounter at transfer stations they operate throughout the county. c. Approximately 50 were provided to Board member offices to distribute at community meetings such as the Municipal Advisory Committees. d. Approximately 200 were provided to Garaventa Enterprises to distribute to haulers they encounter at their Pittsburgh transfer station. In addition, EH staff met with the Treasurer/Tax Collector's office that issues business licenses for the unincorporated county and obtained a list of nine businesses with "Haul" and two businesses with "Junk" in their business name. These eleven businesses were sent a brochure along with a letter via the US Mail to inform them about the requirements of the new permit program. EH has also provided language to the Treasurer/Tax Collector's office in hopes that they will add it to their Business License Application directing potential haulers to EH for the permit program information. More recently, EH staff have sent brochures along with letters via the US Mail to O2E Brands (parent company of 1-800-GOT-JUNK) and Vets Move Junk (a local company that recently began advertising to Contra Costa County residents) in an effort to inform these companies about the requirements of the new permit program. 2. Stakeholder Engagement On February 20, 2018, EH hosted a meeting attended by approximately 14 Contra Costa County Sheriff’s Deputies representing Patrol Divisions throughout the county with the intent to educate them on the permit and vehicle requirements for non-franchise solid waste haulers. With citation authority, EH believed that the Office of the Sheriff would be key partners in the enforcement of the non-franchise solid waste collection and transport permit. However, during the meeting it was brought to our attention by one of the Sheriff’s Deputies that as an administrative violation the citation would only amount to an infraction with penalties limited to $100 (first offense), $200 (second offense), and $500 (all subsequent offenses). Both EH and the Sheriff’s Deputies present at the meeting believed these penalties may not be significant enough to deter a potential offender given the cost of the permit in addition to the liability insurance and performance bond costs required to obtain the permit. In March 2018, EH staff reached out to the Central Contra Costa Solid Waste Authority (RecycleSmart), Rodeo Sanitary District, Mt. View Sanitary District, and the Kensington Police & Community Services District to incorporate language specifically targeted at the consumer in their upcoming spring, summer, and fall 2018 publications with the intent of informing residents within these service areas about the new permit requirement for non-franchise solid waste haulers. To date, only Mt. View Sanitary District has highlighted this new permit program in their May 2018 newsletter (see Exhibit C) although EH staff continues to engage with RecycleSmart, Rodeo Sanitary District, and the Kensington Police & Community Services District in hopes of partnering with these entities to inform their service area customers of the new permit program in an upcoming publication. EH staff also reached out to the Byron Sanitary District but have yet to hear back from them regarding our request to form a partnership in order to spread the word in their community. The West Contra Costa Integrated Waste Management Authority (RecycleMore) does not have a newsletter, but EH has asked them to incorporate similar language or our brochure into their billing process. EH staff have also been participating in both the Contra Costa County Illegal Dumping Think Tank and the Alameda County Illegal Dumping Working Group as both groups have identified unpermitted hauling as November 13, 2018 CCC BOS Minutes 367 potential contributors to illegal dumping. There are currently efforts underway at both regional and statewide levels to increase awareness of the potential effect unpermitted non-franchise haulers have on illegal dumping. EH staff have been using these platforms to promote our permit program with the hope that partnerships with other agency stakeholders will help encourage haulers who qualify to obtain permits. 3. Application Materials Development In February 2018, EH staff worked closely with Department of Conservation and Development (DCD) staff to develop a comprehensive application packet including a map indicating locations throughout the county the new permit would be required (see Exhibit D). This application packet was made available as a downloadable file on our website (http://cchealth.org/eh/solid-waste/non-franchise-permit.php) as well as in hard copy format at both the DCD and EH offices. EH and DCD staff also co-developed a Quarterly Activity Report as required by Section 418-2.016(b)(9) that permittees must submit to EH quarterly indicating the location(s) and type(s) of materials collected and where the materials were disposed (see Exhibit E). C. Permitted Non-Franchise Solid Waste Haulers EH has not yet received any applications for a non-franchise solid waste collection and transport permit. However, EH staff have spoken with approximately 42 potential non-franchise solid waste haulers either via telephone or in our office since March 1, 2018. Many of the businesses EH staff have spoken with were exempt from a permit as stipulated by Section 418-2.008(b) which states that the requirement to obtain a permit under Section 418-2.004 does not apply to the following: The collection and transport of solid waste that is generated on real property in the course of a service provided to the owner or tenant of that property by a building contractor or landscape contractor, if the solid waste is collected and transported by the contractor. In addition, many of the businesses EH staff spoke with also indicated that they only collect solid waste from incorporated cities within Contra Costa County and do not collect solid waste from the unincorporated areas of the county. D. Ongoing Efforts  EH staff continues to engage with RecycleSmart, Rodeo Sanitary District, and the Kensington Police & Community Services District in hopes of partnering with these entities to add language to their upcoming publications regarding our permit program.  EH staff are actively engaging incorporated communities (beginning with the City of Richmond and the City of Antioch) in hopes of encouraging these communities to adopt municipal codes similar to Contra Costa County Ordinance 418-2 establishing EH as the non-franchise solid waste hauler permitting entity within the community. November 13, 2018 CCC BOS Minutes 368 Solid waste authorities and sanitary districts in Contra Costa County that regulate refuse. Other agencies having jurisdiction over solid waste: CENTRAL CONTRA COSTA SOLID WASTE AUTHORITY 925-906-1801 recyclesmart.org CONTRA COSTA COUNTY DEPARTMENT OF CONSERVATION AND DEVELOPMENT 925-674-7200 co.contra-costa.ca.us\3383\conservation-and-development WEST CONTRA COSTA SOLID WASTE AUTHORITY 510-215-3125 recyclemore.com BYRON SANITARY DISTRICT 925-906-1801 bbid.org KENSINGTON POLICE PROTECTION AND COMMUNITY SERVICES DISTRICT 510-526-4141 kensingtoncalifornia.org MT. VIEW SANITARY DISTRICT 925-228-5635 mvsd.org RODEO SANITARY DISTRICT 510-799-2970 rodeosan.org Contra Costa Environmental Health non-franchise solid waste collection and transport permits A Division of Contra Costa Health Services 2120 Diamond Blvd, Suite 200 Concord, CA. 94520 Environmental Health Contact InformationSolid Waste Authorities Special Districts Contra Costa County Environmental Health 925-692-2500 2120 Diamond Blvd., Suite 200 Concord, CA 94520 cchealth.org/eh/ REV-1/31/18 November 13, 2018 CCC BOS Minutes 369 Refuse Hauling Permit Application Process Operating Standards Illegal dumping and illegal solid waste facilities are a serious problem throughout Contra Costa County. Non-franchise refuse hauling companies have been found transporting refuse to illegal facilities and some implicated in illegal dumping activities. Contra Costa County Ordinance Code Chapter 418–2 was revised to require that non- franchise haulers obtain a permit issued by Contra Costa Environmental Health (CCEH) and comply with standards associated with the collection and transport of solid waste. The effective date of the revised ordinance is March 1, 2018. A non-franchise person or hauling business hired to collect solid waste in unincorporated Contra Costa County must obtain a permit from CCEH. Solid waste includes, but is not limited to, refuse, garbage, landscaping waste, construction and demolition debris, mixed recyclables, source- separated recycles, junk, non-hazardous industrial waste, electronic waste, or appliances. There is an exemption to the permit requirement for landscaping or building contractors hauling waste from their own jobsites directly to an approved solid waste or recycling facility. Other exemptions are described in Section 418–2.008 of the Contra Costa County Ordinance Code. Persons hiring a solid waste hauler must use one permitted to conduct this type of business. For incorporated areas, check with the city and local solid waste authority for any requirements that may apply to your business. To obtain a permit, a non-franchise refuse hauling business must submit an application to CCEH. The application form is available online or by contacting CCEH. The application process is follows: ˆSubmit completed application and any required fees to CCEH. The application must be accompanied by the following items: ˆCopy of the driver’s license for each person who will operate a solid waste hauling vehicle. ˆValid California vehicle registration card for each solid waste hauling vehicle. ˆCCEH will review the application and if it is complete, send a copy to the Contra Costa County Department of Conservation and Development, local solid waste authorities, and sanitary districts responsible for the regulation of solid waste hauling in unincorporated areas. CCEH will give these other agencies 30 days to review the application. ˆOnce the review period is over and if the application is approved, CCEH will notify the applicant and schedule an inspection of the applicant’s vehicle(s). The inspection is to verify that the vehicle(s) complies with the standards described in Chapter 418–2. If the permit is denied, the applicant will be informed of the reason(s) for denial. ˆIf the applicants vehicle(s) passes the inspection, a permit will be issued and health permit decals will be affixed to the vehicle so as to be readily visible (e.g., rear and sides of the vehicle). Chapter 418–2 includes a number of operating standards to ensure that refuse is handled properly. These standards include, but are not limited to, the following: ˆWaste must go to an approved solid waste or recycling facility. ˆThe vehicle must be clearly marked on each side with the name and telephone number of the business. The markings must be visible from a distance of at least 50 feet. ˆVehicles must be kept in a clean, sanitary condition. ˆThe vehicle must be designed to contain all waste materials inside the truck (no leakage or windblown litter). ˆDebris bins or boxes of one cubic yard or larger used by the business must be identified with the name and telephone number of the permittee. ˆRecord must be kept for least one year showing the type and amount of waste collected, where it was collected, and where it was taken for disposal or recycling. On a quarterly basis these records must be submitted to CCEH. A template reporting form is available from CCEH. ˆA current valid performance bond in the amount of $50,000 must be filed with CCEH. ˆA liability insurance policy must be maintained with limits no less than $1 million per claim and $1 million in the aggregate. Permits are valid for one calendar year and renewed annually. A vehicle is required to pass an inspection each year. November 13, 2018 CCC BOS Minutes 370 Autoridades de residuos sólidos y distritos sanitarios en el Condado de Contra Costa que regulan la recolección. Otras agencias que tienen jurisdicción sobre los residuos sólidos: AUTORIDAD DE RESIDUOS SÓLIDOS DEL CENTRO DE CONTRA COSTA (CENTRAL CONTRA COSTA SOLID WASTE AUTHORITY)925-906-1801recyclesmart.org DEPARTAMENTO DE CONSERVACIÓN Y DESARROLLO DEL CONDADO DE CONTRA COSTA (CONTRA COSTA COUNTY DEPARTMENT OF CONSERVATION AND DEVELOPMENT)925-674-7200 co.contra-costa.ca.us\3383\conservation-and-development AUTORIDAD DE RESIDUOS SÓLIDOS DEL OESTE DE CONTRA COSTA (WEST CONTRA COSTA SOLID WASTE AUTHORITY) 510-215-3125recyclemore.com DISTRITO SANITARIO DE BYRON (BYRON SANITARY DISTRICT)925-906-1801bbid.org PROTECCIÓN POLICIAL Y SERVICIOS COMUNITARIOS DEL DISTRITO DE KENSINGTON (KENSINGTON POLICE PROTECTION AND COMMUNITY SERVICES DISTRICT)510-526-4141kensingtoncalifornia.org DISTRITO SANITARIO DE MT. VIEW (MT. VIEW SANITARY DISTRICT)925-228-5635mvsd.org DISTRITO SANITARIO DE RODEO (RODEO SANITARY DISTRICT)510-799-2970rodeosan.org Salud Ambiental de Contra Costa RECOLECCIÓN DE RESIDUOS SÓLIDOS NO FRANQUICIADA Y PERMISOS DE TRANSPORTE Una división de Contra Costa Health Services 2120 Diamond Blvd, Suite 200 Concord, CA. 94520 Salud ambiental Información de contactoAutoridades de residuos sólidos Distritos especiales Contra Costa County Environmental Health 925-692-2500 2120 Diamond Blvd., Suite 200 Concord, CA 94520 cchealth.org/eh/ REV.: 1/31/18 November 13, 2018 CCC BOS Minutes 371 Recolección de basura Proceso de solicitud de permisos Normas operativas La descarga ilegal y las instalaciones de residuos sólidos ilegales son un problema serio en todo el Condado de Contra Costa. Se han encontrado empresas de recolección de basura no franquiciadas transportando basura a instalaciones ilegales y algunas implicadas en actividades de vertido ilegal. El Capítulo 418-2 del Código de Ordenanzas del Condado de Contra Costa se revisó para exigir que los recolectores no franquiciados obtengan un permiso emitido por Salud Ambiental de Contra Costa (Contra Costa Environmental Health, CCEH) y cumplan con las normas asociadas con la recolección y el transporte de residuos sólidos. La fecha de entrada en vigencia de la ordenanza revisada es el 1.º de marzo de 2018. Una persona o empresa de recolección no franquiciadas contratadas para recolectar residuos sólidos en el Condado de Contra Costa no incorporado deben obtener un permiso del CCEH. Los residuos sólidos incluyen, entre otras cosas, basura, desechos, residuos de paisajismo, restos de construcción y demolición, reciclables mixtos, reciclables separados por origen, chatarra, residuos industriales no peligrosos, residuos electrónicos o electrodomésticos. Existe una exención al requisito de permiso para contratistas de paisajismos o construcción que recolectan residuos de sus propios lugares de trabajo directamente a una instalación de residuos sólidos o de reciclaje. La Sección 418-2.008 del Código de Ordenanzas de Contra Costa describe otras exenciones. Las personas que contratan a un recolector de residuos sólidos deben usar uno que tenga permiso para realizar este tipo de negocio. Para áreas incorporadas, consulte a la autoridad municipal o local de residuos sólidos si hay requisitos que pudieran aplicarse a su empresa. Para obtener un permiso, una empresa de recolección de basura no franquiciada debe presentar una solicitud al CCEH. El formularios de solicitud está disponible en línea o si se comunica con CCEH. El proceso de solicitud es el siguiente: ˆEnviar la solicitud completada y todas las tarifas requeridas al CCEH. La solicitud debe estar acompañada de los siguientes elementos: ˆCopia de la licencia de conducir de cada persona que operará un vehículo de recolección de residuos sólidos. ˆTarjeta de registro del vehículo válida en California para cada vehículo de recolección de residuos sólidos. ˆCCEH revisará la solicitud y, si está completa, enviará una copia al Departamento de Conservación y Desarrollo del Condado de Contra Costa, autoridades locales de residuos sólidos y distritos sanitarios responsables de la regulación de recolección de residuos sólidos en áreas no incorporadas. CCEH le dará a estas agencias 30 días para revisar la solicitud. ˆUna vez que el período de revisión haya finalizado, y si la solicitud se aprueba, CCEH notificará al solicitante y programará una inspección del vehículo del solicitante. La inspección se hace para verificar que el vehículo cumpla con las normas descritas en el Capítulo 418–2. Si el permiso se deniega, se le informará al solicitante los motivos de la denegación. ˆSi el vehículo del solicitante aprueba la inspección, se emitirá un permiso y las calcomanías del permiso de salud se pegarán al vehículo en un lugar fácilmente visible (p. ej., en la parte posterior y en los lados del vehículos). El Capítulo 418-2 incluye un número de normas operativas para asegurar que la basura se maneje correctamente. Estas normas incluyen, entre otras, las siguientes: ˆLos residuos deben llevarse a una planta aprobada de residuos sólidos o reciclaje. ˆEl vehículo debe estar claramente marcado a cada lado con el nombre y el número de teléfono de la empresa. Las marcas deben poder verse desde una distancia de 50 pies como mínimo. ˆLos vehículos deben conservarse limpios y en condiciones higiénicas. ˆEl vehículo debe estar diseñado para contener todos los residuos dentro del camión (sin fugas ni basura arrastrada por el viento). ˆRecipientes o cajas de restos de una yarda cúbica o más usados por la empresa deben identificarse con el nombre y el número de teléfono del titular del permiso. ˆSe debe conservar el registro que indique el tipo y la cantidad de residuos recolectados, dónde se recogió y dónde se llevó para su disposición o reciclaje durante al menos un año. Estos registros deben enviarse a CCEH trimestralmente. Hay una plantilla del formulario de registros disponible en CCEH. ˆSe debe presentar una fianza de cumplimiento válida y vigente por el monto de $50,000 ante CCEH. ˆSe debe mantener una póliza de seguro contra terceros con límite no menor a $1 millón por reclamo y $1 en el total. Los permisos son válidos por un año calendario y se renuevan anualmente. El vehículo debe aprobar una inspección cada año. November 13, 2018 CCC BOS Minutes 372 THE MT.VIEW MONITOR MAY 2018 FREE WEEKEND PROGRAMS: MARTINEZ BEAVER FESTIVAL – SUSANA PARK Saturday, June 30th 11 am – 4 pm This annual event celebrates the beavers of Alhambra Creek in downtown Martinez. The festival includes environmental displays, live music, and children’s activities that combine craft-making with environmental learning. Visit Worth a Dam’s Web site to learn more: http://www.martinezbeavers.org. BAT CHAT! Sunday, June 10th 1 pm – 2 pm Did you know that a single bat can eat up to 1000 mosquitoes in a single hour or that bats are more closely related to humans than to rodents? Join Corky Quirk and a few of her “winged friends” (live bats!) from NorCal Bats to learn the truth about these mysterious flying mammals. NorCal Bats is dedicated to the rescue, rehabilitation, and release of bats throughout Northern California. Space is limited. Contact Kelly at kdavidson@mvsd. org to RSVP. Thinking of cleaning your garage, working on a do-it-yourself (diy) yard or house project, or just doing some spring cleaning? Hire a permitted waste hauler and keep your community clean. Businesses hired to collect unwanted junk, appliances, construction debris, and other solid waste in the unincorporated areas of Contra Costa County now need permits issued by Contra Costa Environmental Health (CCEH) to operate. The Board of Supervisors recently changed the county ordinance to require a Non-Franchise Solid Waste Collection and Transport Permit, to curb illegal dumping and other environmentally unfriendly practices. Franchised waste haulers (your weekly curbside pick-up) are exempt from the new rule, as are contractors taking construction or landscaping debris from their job site directly to an approved facility. Property owners can also still haul their own waste without a permit. When hiring a hauler to collect solid waste from your property, if you live in the unincorporated areas of the county, ask if your hauler has the annual permit required beginning March 1. CCEH will screen all permit applicants to ensure they carry adequate insurance, obtain performance bonds, and know the county rules about collecting and transporting solid waste. CCEH also inspects all permitted vehicles annually, and issues permit decals to each vehicle. For information about applying for a permit, the ordinance changes and operating standards, visit cchealth.org/eh/solid-waste/ non-franchise-permit.php. A Day in the Life of an MVSD Board of Directors Member In past editions of the Mt. View Monitor we’ve introduced you to some of the leadership that guides the District. In this edition, we want to provide you with a glimpse into a day in the life of our Board of Directors. As an independent public agency, MVSD is governed by a five-person Board of Directors. The Directors are elected from the District’s service area and serve a four year term. The next Board election will be held in November 2018 when two Board seats will be filled. District Directors are responsible for directing and evaluating District Policy. This obligation requires that Directors stay abreast of current wastewater treatment requirements, which, as you can imagine, means reviewing lots of technical documents before monthly Board meetings. Board members also are expected to prepare for and attend a number of Special Board meetings each year, as well as the annual February Strategic Planning Session. At the Strategic Planning Session, Directors and staff review the District Strategic Plan to evaluate the progress made during the prior year and identify any needed updates. Additionally, Directors attend regular standing committee and Ad Hoc committee meetings and are expected to provide direction. Standing committees meet and review District functions and activities related to the operations of the District. MVSD’s Ad Hoc committee consists of two Board members selected during a Regular Board meeting, who meet with District Staff and Consulting firms to discuss and provide recommendation to the Board regarding specific items not covered by the standing committees. All of these meetings require hours of preparation by Directors so they can provide the necessary guidance to District staff on key operational issues. In addition to the responsibilities described above, as elected officials, Board Members often serve as the face of MVSD to the community and are happy to do so. The next time you meet one of your Directors at the local market or a community event, feel free to ask them questions about the service you receive from MVSD! Meet the New Faces at MVSD! MVSD is pleased to announce the arrival and promotion of two staff members whose roles are crucial to ensuring that the District’s day to day operations run smoothly. For the first time in its 95 year history, the District has hired a full time District Engineer. Chris Elliott has joined the District to fill this important role. The District previously relied on consultants to provide this expertise. Chris previously served as Associate Engineer at Union Sanitary District. In his new role at MVSD, Chris is responsible for overseeing all the activities of the Engineering Department. “I really enjoy the day to day challenges presented by working in a smaller district. Plus, the marshes and wildlife that surrounds the Plant provide a daily reminder of the importance of our work— keeping water clean and improving our environment!” said Elliott. In his spare time Chris enjoys family time, home improvements and, tending a home garden and orchard. Jeff Greer has assumed the role of Wastewater Operations Supervisor. He joined the District in 2015 as an Operator and has steadily advanced to his new role as Wastewater Operations Supervisor, with responsibility for overseeing the operations, plant maintenance and collections system work. “I love that I wear many different hats during the work day- it makes every day interesting and fulfilling,” said Greer. In his spare time Jeff likes to work on classic cars, ride his mountain bike, and play with his 5 year old son. Chris Elliott(left) and Jeff Greer (right) are excited to be filling their new roles at MVSD. November 13, 2018 CCC BOS Minutes 373 MT. VIEW SANITARY DISTRICT 3800 Arthur Road PO Box 2757 Martinez, CA 94553 925-228-5635 If you would like to receive an electronic version of the Mt. View Monitor in your e-mail, please visit www.mvsd.org to sign up.Visit www.facebook.com/mtviewsd Northern California is home to 17 bat species. One of the most common is the Mexican free-tailed bat (Tadarida brasiliensis). This half-ounce flying acrobat has a 12-inch wingspan and can reach speeds of approximately 60 mph. Females give birth to a single pup in early summer. Pregnant or nursing bats are voracious feeders and will eat more than two-thirds of their body weight in insects every night! This species is known to roost in enormous colonies. The largest is at Bracken Cave in Texas, with an estimated 20 million individuals. One of the biggest California colonies is found at the Yolo Causeway on I-80 that connects the cities of Davis and Sacramento. The causeway and associated wetlands provides habitat for 250,000 bats and the colony is still growing. Learn more about these amazing mammals at the June 10th Bat Chat! Meet the Mexican Free-tailed Bat! PRSRT STD US POSTAGE PAID MARTINEZ, CA PERMIT NO. 45 Mexican Free-tailed Bat. The Mexican Free-tailed bat can reach speeds of 60 mph! (photo courtesy of USFWS). For a sewer emergency 24/7: Call (925)228-5635 Collection System Rehabilitation Project Underway MVSD will be starting an important collection system rehabilitation project as part of its ongoing efforts to maintain the collection and treatment system that helps protect the public health and environment. The District has awarded part one of a two part Collection System Rehabilitation project to Kerex Engineering. This $352,300 project is expected to begin in May. The scope of the work calls for spot repairs of sagging pipes, offset joints and root intrusion throughout the oldest sections of the District. Residents who may be affected by these repairs will be notified by the contractor in advance of the work. MVSD asks that residents please keep the safety of working crews in mind while driving through the construction zones. May is American Wetlands Month American Wetlands Month was created to celebrate the vital importance of wetlands and to educate the public about these valuable natural resources. The Peyton Slough Marsh Complex, which includes McNabney and Moorhen Marshes, is enhanced by treated MVSD effluent, resulting in an ecosystem that is rich and diverse in wildlife. The wetlands are an important stop along the Pacific Flyway for many migratory bird species, who use the wetlands as foraging habitat. May is American Wetlands Month!mvsd.org WONDERS OF WETLANDS Celebrate the Keep an eye out for our billboard celebrating Wetlands Month on I-680 during the month of May. Please remember to slow for our work crews when driving through the construction zone. November 13, 2018 CCC BOS Minutes 374 CONTRA COSTA ENVIRONMENTAL HEALTH DIVISION 2120 DIAMOND BOULEVARD, SUITE 200 CONCORD, CA 94520 (925) 692-2500 PHONE | (925) 692-2502 FAX http://www.cchealth.org/eh NON-FRANCHISE SOLID WASTE COLLECTION & TRANSPORT APPLICATION (APPLICATION FEE IS DUE AND NON-REFUNDABLE) SECTION 1: APPLICATION TYPE  New  Renewal SECTION 2: CONTACT INFORMATION A. Applicant Information APPLICANT NAME : APPLICANT ADDRESS : CITY / STATE / ZIP CODE : PHONE # : FAX # : APPLICANT EMAIL : B. Business Information (If Sole Proprietor, provide a copy of a valid fictitious business name statement for the business. All others, provide written documentation that the entity may lawfully conduct business in the unincorporated area.) BUSINESS NAME :  CORP INC LLC LP SOLE PROPRIETOR BUSINESS ADDRESS : EMPLOYER IDENTIFICATION NUMBER (EIN) : CITY / STATE / ZIP CODE : PHONE # : FAX # : BUSINESS EMAIL : CARRIER IDENTIFICATION NUMBER (provide proof of possession, if applicable) : US DEPT. OF TRANSPORTATION (DOT) NUMBER (if applicable) : BUSINESS MAILING ADDRESS (if different from above) : CITY / STATE / ZIP CODE : SECTION 2: REFUSE HAULING VEHICLE(S) A. Vehicle Information (if more than 10, attach separate sheet) Vehicle No. Make Model License Plate # Vehicle Identification # Roll-Off Box           **Note: Attach copies of valid California vehicle registration cards for each vehicle. November 13, 2018 CCC BOS Minutes 375 B. Location Where Vehicle(s) Are Stored STREET ADDRESS : CITY / STATE / ZIP CODE : SECTION 3: REFUSE HAULING VEHICLE OPERATOR(S) A. Operator Information (if more than 14, attach separate sheet) Operator’s Name Driver’s License No. Operator’s Name Driver’s License No. **Note: Provide documentation of each operator’s legal authority to operate a refuse hauling vehicle, including copies of valid California Driver’s Licenses. SECTION 4: WHERE DO YOU PROPOSE TO PROVIDE PICK-UP & HAULING SERVICES IN THE COUNTY UNICORPORATED AREA? (Numbered Territories correspond to service areas shown on the attached map. Check all that apply.)  All Hauling Territories (1-9)  Hauling Territory 4  Hauling Territory 8  Hauling Territory 1  Hauling Territory 5  Hauling Territory 9  Hauling Territory 2  Hauling Territory 6  Hauling Territory 10  Hauling Territory 3  Hauling Territory 7 SECTION 5: WHAT TYPES OF CUSTOMERS/LOCATIONS DO YOU PROPOSE TO SERVE? (Check all that apply)  Residential  Commercial  Industrial  Governmental  Agricultural  Other: _____________________ SECTION 6: WHICH TYPE(S) OF WASTE DO YOU PROPOSE TO COLLECT & TRANSPORT TO APPROVED LOCATION(S)? (Check all that apply) **Note: No permit required for waste or materials that your company would NOT charge customers to remove, transport, or properly recycle/dispose of. DO NOT complete the remainder of the application if solely proposing to offer free pick-up services.  Household Trash (Municipal Solid Waste)  Scrap Metal  Cardboard / Paper  Mixed Commercial Waste / Trash  Construction / Demolition Debris  Furniture / Mattresses  Electronic Waste (E-Waste)  Green Waste / Wood Waste  Other: _____________________  Contaminated Soil  Appliances (White Goods)  Other: _____________________  Non-Hazardous Industrial Waste  Bottles / Cans  Other: _____________________ SECTION 7: SERVICE(S) PROVIDED A. Will you provide any on-site service (e.g. junk removal, site clean-up, etc.) related to the above type(s) of waste to be hauled away?  No, the company will only offer to haul away waste placed out for pick-up by customers. (Skip to Section 8)  Yes. Please describe these services below: _____________________________________________________________________________________________ _____________________________________________________________________________________________ _____________________________________________________________________________________________ B. Will you charge customers for any on-site service(s) noted above?  No, related on-site service(s) noted in Section 7A will be offered and provided to customers free of charge.  Yes, there will be a charge to customers for on-site service(s) noted in Section 7A. November 13, 2018 CCC BOS Minutes 376 SECTION 8: LOCATION(S) WHERE SOLID WASTE IS TRANSPORTED (if more than 4, attach separate sheet) Facility Name Address SECTION 9: BOND & INSURANCE REQUIREMENT A. Performance Bond Information (Provide copy of the Non-Franchise Solid Waste Hauler Bond form) SURETY COMPANY NAME : SURETY COMPANY ADDRESS : CITY / STATE / ZIP CODE : PHONE # : FAX # : POLICY NUMBER : EFFECTIVE DATE : B. Liability Insurance Information (Provide proof of liability insurance) INSURANCE COMPANY NAME : INSURANCE COMPANY ADDRESS : CITY / STATE / ZIP CODE : PHONE # : FAX # : POLICY NUMBER : EFFECTIVE DATE : EXPIRATION DATE : SECTION 10: SUPPLEMENT DOCUMENTS REQUIRED (If applicable)  Fictitious Business Name Statement  California Driver’s License(s)  Proof of Liability Insurance  Proof of Valid Motor Carrier Identification  Map of Intended Service Area  Other : ___________________  Vehicle Registration Card(s)  Non-Franchise Solid Waste Hauler Bond SECTION 11: TERMS / SIGNATURE The undersigned hereby certifies that all of the information provided on this application is true and accurate, and agrees to notify Contra Costa Environmental Health of any changes that occur including, but not limited to, the type(s) of business activity, business name, business address, vehicle(s), vehicle storage location, liability insurance coverage, performance bond, business ownership, and/or closure. The signature below must be from an owner, partner or corporate officer (for corporations and limited liability companies). A manually signed copy of this application delivered by facsimile, email, or other electronic transmission shall be deemed to have the same legal effect as delivery of an original signed hard copy of this application. APPLICANT NAME (Please print) : _______________________________________________________________________________ SIGNATURE OF APPLICANT: ______________________________________________________ DATE : _____________________ FOR OFFICE USE ONLY SR#: FA#: PR# : P/E: EHT: RECEIVED BY: DATE RECEIVED: AMOUNT DUE: $ AMOUNT PAID: $ CHECK #: METHOD OF PAYMENT:  CASH/CHK  MC  VISA  D/C RECEIPT #: XR MED WASTE APP (REV. 2/9/2018) November 13, 2018 CCC BOS Minutes 377 Clyde 8 3 9 4 4 8 8 7 1 3 6 4 10 3 Contra Costa County Alameda County SolanoCounty San FranciscoCounty SacramentoCounty San Mateo County San JoaquinCounty Alamo Rodeo Bay Point Discovery Bay Byron Crockett Knightsen Bethel Island Blackhawk El Sobrante Diablo Kensington Pacheco Port Costa E. Richmond Heights Richmond AntiochConcord Oakley Hercules Danville Pittsburg Orinda Pinole San Ramon Lafayette Martinez Brentwood Moraga Walnut Creek Pleasant Hill ClaytonEl Cerrito San Pablo 3 5 2 1 4 £¤101 }þ4 }þ24 }þ160 }þ13 }þ242 }þ12 }þ84§¨¦580 §¨¦680 §¨¦880 §¨¦780 §¨¦205 §¨¦238 §¨¦980 §¨¦580 567J4 This map was created by the Contra Costa County Department of Conservation andDevelopment with data from the Contra Costa County GIS Program. Some base data, primarily City Limits, is derived from the CA State Board of Equalization'stax rate areas. While obligated to use this data the County assumes no responsibility forits accuracy. This map contains copyrighted information and may not be altered. It may be reproduced in its current state if the source is cited. Users of this map agree to read and accept the County of Contra Costa disclaimer of liability for geographic information.I 0 5 102.5 Miles Collection & Transport Areas 1 2 3 4 5 6 7 8 9 10 Non Applicable Areas City Limits State Area Non-Franchise Solid Waste Collection & Transport Application: Map Attachment Map Created 2/22/2018by Contra Costa County Department ofConservation and Development, GIS Group30 Muir Road, Martinez, CA 9455337:59:41.791N 122:07:03.756W* Population numbers from 2010 Census Data *November 13, 2018 CCC BOS Minutes 378 NON-FRANCHISE SOLID WASTE COLLECTION & TRANSPORT PERMIT QUARTERLY ACTIVITY REPORT SECTION 1: PERMITEE INFORMATION SECTION 2: REPORTING PERIOD PERMITEE NAME : BUSINESS NAME (If different than above) : PERMITTEE ADDRESS : CITY / STATE / ZIP CODE : SECTION 2: REPORTING INFORMATION Date Collection Location Type of Material** Weight Final Destination of Material Receipt Number (**Note: APP – appliances, B/C – bottles/cans, C&P – cardboard & paper, C&D – construction & demolition debris, CS – contaminated soil, EW – electronic waste, F/M – furniture/mattresses, GRN – green waste/wood waste, MCW – mixed commercial waste, MSW – municipal solid waste, NIW – non-hazardous industrial waste, SM – scrap metal, OTH – other) YEAR : QUARTER :  Q1  Q2  Q3  Q4 November 13, 2018 CCC BOS Minutes 379 November 13, 2018 CCC BOS Minutes 380 November 13, 2018 CCC BOS Minutes 381 RECOMMENDATION(S): APPROVE and AUTHORIZE the allocation of $159,461 from the Crockett Co-Generation Property Tax Allocation for four projects as recommended by the Crockett Community Foundation and Supervisor Glover. FISCAL IMPACT: 100% General Fund. BACKGROUND: In September 1995, the Board of Supervisors appointed the Crockett Community Foundation as the advisory council to the Board regarding expenditures from the Community Benefits Program funded from property tax assessments on the Crockett Co-Generation Plant. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/13/2018 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 ABSENT:Federal D. Glover, District V Supervisor Contact: Laura Strobel (925) 335-1091 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 13, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C. 58 To:Board of Supervisors From:David Twa, County Administrator Date:November 13, 2018 Contra Costa County Subject:Transfer of Crockett Co-Generation Plant Property Taxes to Various Crockett Community Projects November 13, 2018 CCC BOS Minutes 382 BACKGROUND: (CONT'D) > On October 4, 2018, by the attached Resolution 2018-1, the Crockett Community Foundation recommended that $159,461 in property taxes obtained from the Crockett Co-Generation Plant be allocated to the Crockett Community Foundation as follows: $20,000 for the benefit of the Crockett Library to continue to provide six additional hours of operation and special library programs; 1. $45,489 for the benefit of the Crockett Recreation Department for capital improvements and maintenance at the Crockett Community Center, swimming pool, park facility, and utilities and landscaping at the Veteran's Hall; 2. $44,242 for the benefit of the Crockett Carquinez Fire Department for capital equipment and facility projects; 3. $49,730 for the benefit of the Crockett Sanitary Department for capital improvements in wastewater collection and treatment. 4. This request for the release of funds was forwarded to the County Administrator's Office for approval and processing. CONSEQUENCE OF NEGATIVE ACTION: If the action is not approved, the community benefit plan developed by the Crockett Community Foundation for the allocation of return-to-source funds would be disrupted, resulting in a decreased amount of public services in Crockett. ATTACHMENTS Resolution 2018-1 November 13, 2018 CCC BOS Minutes 383 November 13, 2018CCC BOS Minutes384 November 13, 2018CCC BOS Minutes385 November 13, 2018CCC BOS Minutes386 November 13, 2018CCC BOS Minutes387 RECOMMENDATION(S): ACCEPT quarterly report of the Post Retirement Health Benefits Trust Agreement Advisory Body. FISCAL IMPACT: No specific fiscal impact. This is a quarterly report of the County's assets in the Public Agency Retirement Services (PARS) Public Agencies Post-Retirement Health Care Plan Trust. BACKGROUND: On December 14, 2010, the Board of Supervisors directed the formation of a Post Retirement Health Benefits Trust Agreement Advisory Body (consisting of the County Administrator, County Finance Director, Treasurer-Tax Collector, Auditor-Controller, and Health Services Finance Director). APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/13/2018 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 ABSENT: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 13, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: Dianne Dinsmore, Human Resources Director C. 59 To:Board of Supervisors From:David Twa, County Administrator Date:November 13, 2018 Contra Costa County Subject:Quarterly Report of the Post Retirement Health Benefits Trust Agreement Advisory Body November 13, 2018 CCC BOS Minutes 388 BACKGROUND: (CONT'D) > At its meeting of August 4, 2011, the body discussed and reviewed final report formats with HighMark Capital Management and made recommendations regarding a final standardized quarterly report. The attached report is in the standardized format. The following is the investment summary for the period ending September 30, 2018: Investment Summary Third Quarter 2018 Beginning Value $269,670,257.66 Net Contributions/Withdrawals -109,484.73 Fees Deducted -48,396.64 Income Received 1,443,879.28 Market Appreciation 4,761,005.50 Net Change in Accrued Income 140,831.83 Ending Market Value $275,858,092.90 Additional Materials - A Post Retirement Health Benefits Trust Agreement Advisory Body web-page can be found at the following address: http://ca-contracostacounty.civicplus.com/index.aspx?NID=2915. The page describes the function of the body, posts quarterly meeting materials, and all pertinent trust and plan documents. ATTACHMENTS Quarterly Report (Q3, 2018) November 13, 2018 CCC BOS Minutes 389 PARS: County of Contra Costa Third Quarter 2018 Presented by Andrew Brown, CFA November 13, 2018 CCC BOS Minutes 390 This presentation has been prepared for the sole use of the intended recipient.While the information contained herein has been obtained from sources believed to be accurate and reliable,any other reproduction or use of this information may necessitate further disclosures in order to ensure that the presentation is accurate,balanced,and conforms to all applicable regulatory requirements. November 13, 2018 CCC BOS Minutes 391 DISCUSSION HIGHLIGHTS U.S.Economic and Market Overview Amid a back drop of robust economic data and strong corporate earnings,U.S.investors overcame concerns about an escalating trade war with China,an increasingly hawkish Fed,and a flattening yield curve to drive the U.S.equity market,as measured by the S&P 500 Index,to its best quarter since 2013.But with positive economic momentum in question outside of the U.S.,equity markets overseas did not enjoy the same fate. The MSCI All Country World ex USA Index managed a modest total return of 0.7%for the third quarter,which was seven percentage points behind the S&P 500.Further U.S.dollar strength contributed to the continuation of a streak of four consecutive quarters where the domestic equity market outpaced its foreign counterparts. Fiscal stimulus in the form of tax cuts to individuals and corporations has allowed the U.S.economy to heat up while most international economies are cooling off.Consensus economic forecasts expect to see the domestic economy reaccelerate to 2.9%real growth this year from 1.5%and 2.2%in 2016 and 2017 respectively.Meanwhile,China’s economy,which accounts for roughly a third of global economic growth,is expected to slow from 6.9%in 2017 to 6.6%in 2018 –its slowest pace since 1990.In reaction to the ongoing trade dispute with the U.S.and upward dollar momentum,investors fled from China’s local,domestic investor-dominated stock market (known as “A-shares”),pushing it into bear market territory this year after falling over 24%. International stocks were not the only asset class that lagged U.S.stock prices.Commodities,as measured by the Bloomberg Commodity Index, were another casualty of the strong U.S.dollar and trade turmoil,falling -2%during the third quarter.Despite a stable oil market,falling prices for agricultural products and metals weighed on returns,continuing a longer-term trend of negative performance from the asset class. After a difficult start to the year and despite help from narrowing credit spreads,domestic investment grade bonds were unable to reclaim lost ground during the third quarter as the yield curve flattened and moved higher.The yield on the bellwether 10-year Treasury Note closed in on the recent highs set earlier in the year,up 0.20%over the quarter.Meanwhile,yield on the 2-year Note continued its seemingly relentless assent this year,moving 0.29%higher to 2.81%. A continued flattening of the yield curve has been a source of concern for investors,since inversions (defined as higher short-term rates relative to longer-term rates)have preceded every recession since World War II.The widely watched 10-year minus 2-year yield spread continued to narrow to a post-crisis low of 0.23%at the end of the quarter.However,many market observers pointed to the wider 10-year Note minus 3- month T-bill spread of 0.85%as contradictory evidence the economy was not nearing a recession. 3 PARS: County of Contra Costa November 13, 2018 CCC BOS Minutes 392 Progress and Peril In pervious client reports,we broke down President Trump’s multi-front trade war which has remained the focal point of global financial markets for the bulk of 2018.As trade tensions ratcheted up with China during the third quarter,the U.S.seemed to be in a peace-making mood with its other economic adversaries.In August,Mexico was able to reach a deal to rewrite trading terms with the U.S.,thereby replacing the North American Free Trade Agreement or NAFTA,which had long been criticized by President Trump as “the worst trade deal in the history of the world.” With progress attained,investors became encouraged that others would follow and business as usual would soon return to global trade.That assumption appeared to have some merit,as Canada joined NAFTA’s successor agreement,the United States-Mexico-Canada Agreement (USMCA),at the eleventh hour as the quarter came to an end and before the Trump-imposed deadline.The deal won’t be officially signed until November 30th and requires congressional approval,but financial markets welcomed the news of the trilateral accord.Although USMCA looks a lot like NAFTA,there were some meaningful updates that should allow the President to claim success for his political allies in Congress as the mid-term elections approach.Though pundits have debated the significance of the changes versus the NAFTA accord,all seem to agree that reaching an agreement at least partially reduces the dark cloud of protectionism that had been hanging over financial markets. Earlier in the quarter,the Trump administration had already called a cease-fire in its clash with the European Union (EU)after meeting with European Commission President Jean-Claude Juncker and agreeing to the basic outline of a deal with its second largest trading partner.While details are still being worked out,it gives the U.S.a chance to refocus on the 800-pound gorilla:China.On this front,peace will likely not come as quickly or as easily.The two parties are much further apart in terms of what they want economically and how they view each other in the geopolitical realm. China’s highly export-skewed trade with the U.S.dwarfs that of all of its other partners.President Trump believes the trade imbalance and China’s slowing economy give him the leverage to make big demands on which he does not appear to be budging.From China’s perspective, the U.S.demands are excessive and it has been fighting fire with fire.Just before the two sides were to resume talks in September,the President ordered a 10%tariff to be applied to $200 billion worth of imports on top of the 25%tariff on $50 billion worth of goods already in place. The latest round of tariffs are scheduled to increase to 25%after the end of the year.The impasse has global investment implications and will continue to be one of the dominant issues facing capital markets until a resolution is reached.We expect to see further escalation of disputes between the two countries,meaning headlines will continue to influence sentiment and tariffs will begin to hit corporate fundamentals as we move into 2019. 4 PARS: County of Contra Costa November 13, 2018 CCC BOS Minutes 393 Market Overview/Performance Discussion Total Plan The County of Contra Costa OPEB Plan returned 2.34%net of investment fees in the third quarter,which slightly trailed the County’s Plan benchmark target of 2.42%.Most of the decisions that supported relative Plan performance in the quarter were related to asset allocation.The Plan’s underweight to fixed income and REITs were additive to performance.The Plan’s slight overweight to large cap equity also was beneficial with the Russell 1000 Index (leading category for 3Q)returning 7.42%.From a performance standpoint,both small cap equity managers generated performance that ranked in the top quartile of their respective peer universes.Fixed income and global equity investments slightly exceeded benchmark targets,while REIT equity and international equity slightly lagged benchmark targets.For the second straight quarter,the largest detractor to performance came from the alternatives segment,with performance lagging -0.89%vs.the benchmark target of 1.02%. Domestic Equity Domestic equities were supported by the dual pillars of strong economic growth and corporate earnings that exceeded expectations.These factors ‘trumped’worries of a hawkish Federal Reserve and concerns about protectionist trade policies.The strength of large cap growth stocks continued in the quarter,as the Russell 1000 Growth Index outperformed the Russell 1000 Value Index (9.2%vs.5.7%).The one-year difference between these two segments is even more striking (26.3%for growth vs.9.5%for value).Investors continue to gravitate towards companies that are able to generate above average growth –which predominately hail from the technology and consumer discretionary sectors. Alternatively,the slower growing areas of the economy such as real estate,materials,consumer staples,and utilities have struggled.In the quarter this divergence between value and growth has had a negative impact on Plan returns,due to our overweight to value-oriented managers in both the small cap and large cap segments.It has been our belief that the divergence that we have seen for roughly the last two years will undergo some type of reversion to the mean,either in the form of value-oriented investments rallying,or in the form of growth oriented investments declining in value. Mid cap stocks (Russell Mid Cap Index +5.0%)and small cap stocks (Russell 2000 Index +3.6%)lagged large cap stocks in the quarter.Over the last two quarters,smaller capitalized companies have performed well,under the premise that if a trade war were to break out between the U.S.and China,these smaller capitalized companies would be less impacted from a slowdown in trade.As the quarter progressed,investors were beginning to challenge that notion.One area of concern is that a trade war would generate increased inflation,and with that,smaller companies might not be in as strong of a position to pass off cost increases in the form of higher prices. 5 PARS: County of Contra Costa November 13, 2018 CCC BOS Minutes 394 •The Plan’s large cap equity segment returned 7.21%in the quarter,which trailed the Russell 1000 Index return of 7.42%. •The iShares Russell 1000 ETF 7.39%in the quarter. •The Columbia Contrarian Core Fund returned 7.70%in the quarter,which outperformed the benchmark.The Fund ranked in the 25th percentile of the Morningstar Large Cap Blend Universe. •The Harbor Capital Appreciation Fund returned 6.72%in the quarter,which lagged the Russell 1000 Growth Index’s return of 9.17%. The Fund ranked in the 71st percentile of the Morningstar Large Cap Growth Universe. •The T.Rowe Price Growth Stock Fund returned 4.89%in the quarter,which trailed the Russell 1000 Growth Index.The Fund ranked in the 93rd percentile of the Morningstar Large Cap Growth Universe. •The Dodge and Cox Stock Fund returned 6.49%in the quarter,and outperformed the Russell 1000 Value Index’s return of 5.70%.The Fund ranked in the 25th percentile of the Morningstar Large Cap Value Universe. •The Vanguard Growth and Income Fund registered a 8.08%return in the quarter,and exceeded the Russell 1000 Index.The Fund ranked in the 15th percentile of the Morningstar Large Cap Blend Universe. •The mid cap equity segment returned 4.92%in the quarter,which was in-line with the Russell Mid Cap Index return of 5.00%. •The iShares Russell Mid Cap ETF returned 4.95%in the third quarter. •The small cap equity segment returned 4.10%in the quarter,which exceeded the Russell 2000 Index return of 3.58%. •The iShares Russell 2000 ETF returned 3.58%in the third quarter. •The T.Rowe Price New Horizons Fund returned 9.08%in the quarter,and outperformed the Russell 2000 Growth Index return of 5.52%.The Fund ranked in the 21st percentile of Morningstar’s Small Cap Growth Universe. •The Undiscovered Managers Behavioral Value Fund returned 2.80%in the quarter,and outperformed the Russell 2000 Value Index’s return of 1.60%.The Fund ranked in the 11th percentile of Morningstar’s Small Cap Value Universe. 6 PARS: County of Contra Costa November 13, 2018 CCC BOS Minutes 395 Real Estate In the face of strong economic fundamentals,specifically robust employment data,gains in corporate earnings,and GDP growth,U.S.REIT returns posted minimal gains in the third quarter.The Federal Reserves continued quest to increase interest rates have provided a headwind for REIT returns for not only the quarter,but for the majority of 2018.Adding to the challenging environment,e-commerce continues to gain market share at the expense of regional malls and department stores.A new political risk has potentially emerged in the form of a California ballot measure that will appear on the November ballot.A “Yes”vote for Proposition 10 would repeal a law that currently limits a municipality’s ability to impose rent control.If this measure passes,it could increase the supply of rent-controlled apartments in the future.REITs that are impacted by the California apartment market represent a very small portion of the REIT universe,but it is something that REIT investors are monitoring.With the Dow Jones Wilshire REIT Index returning 0.72%for the quarter,there were few bright spots within the REIT Universe. Leading areas in the quarter included healthcare (+2.2%),data centers (+2.2%),industrials (+1.5%)and apartments (+3.9%).Lagging areas for the quarter included self storage (-10.2%),office (-2.2%),and triple net (-1.5%). The Vanguard REIT ETF returned 0.55%which ranked in the 56th percentile. International/Global Equity International equity markets underperformed U.S.markets with the MSCI-EAFE Index up (+1.35%)and the MSCI Emerging Market Index down (- 1.09%).A combination of rising U.S.interest rates,higher oil prices,the pending end to quantitative easing in Europe,and rising trade tensions between the U.S and their main trading partners provided head winds to international equity returns.In developed markets,a combination of trade and marginally tighter financial conditions led to a slight decline in Global Purchasing Manager Indices (PMI).Most Developed countries have experienced year-to-date softness in PMIs after peaking at the end of 2017,corresponding to the timing of the President’s initial tariff implementation.Nevertheless,economic activity for most regions still indicate expansion as PMIs remain above the neutral 50 level. Consumption-related data was also supportive of growth as Retail Sales data was encouraging in Europe and Japan.Given the sustained improvement,Europe remains on track to end quantitative easing at the end of 2018.The pending removal of the ECB’s monetary support has likely been keeping investors more cautious this year.Top performing developed markets included Japan (8.8%),Switzerland (5.7%),and France (3.4%),with weakness seen in Spain (-1.8%),United Kingdom (-.7%),and Canada (-.6%). The two primary factors impacting emerging markets for the quarter were trade-related issues and Fed tightening.Tariffs on China’s imports have been the dominate source of weakness,although secondary effects have been felt by other markets as well.Given our global interconnected financial markets,Fed tightening has influenced markets in emerging countries as capital has begun to flow into higher-yielding dollar assets. The consequence of the capital flows into the U.S.is that the most risky emerging market currencies have experienced dramatic declines relative to the U.S.dollar including Venezuela,Iran,Argentina,and Turkey.As a result,these countries have experienced economic stress this year. Amid the tariffs and higher U.S.rates,overall economic activity for Emerging markets has slowed,but is still growing.For example,China and Mexico PMI data declined modestly,but are still above the 50 reading while Brazil and Russia have seen continued growth in Retail Sales. 7 PARS: County of Contra Costa November 13, 2018 CCC BOS Minutes 396 For the quarter,the best performing emerging markets (in U.S.dollars)were Thailand (+13.5%),Poland (+11.1%),and Mexico (+10.3%)as these countries were perceived to be less susceptible to tariff issues.In Mexico’s case,the USMCA agreement led to a relief rally.The bottom performers included Turkey (-21.7%),Argentina (-9.4%),and South Africa (-7.0%). •The Plan’s international/global equity segment returned 2.42%in the quarter.This return outperformed the MSCI EAFE Index 1.35%but lagged the MSCI ACWI Index return of 4.28%. •The iShares MSCI EAFE Index ETF returned 1.32%in the quarter. •The Nationwide Bailard International Equity Fund returned 0.20%in the quarter,which underperformed the MSCI EAFE Index.The Fund ranked in the 74th percentile of the Morningstar Foreign Large Blend Universe.(Note we sold out of this investment option on 9/26/2018). •The Dodge &Cox International Stock Fund returned 0.81%in the quarter and underperformed the MSCI EAFE Index.The Fund ranked in the 54th percentile of the Foreign Large Blend Universe as measured by Morningstar. •The MFS International Fund returned 2.17%in the quarter and outperformed the MSCI EAFE Index.The Fund ranked in the 12th percentile for foreign large cap growth managers as measured by Morningstar. •The iShares MSCI ACWI Index ETF returned 4.38%in the quarter. •The American Funds New Perspective Fund recorded a 3.92%return in the third quarter,which underperformed the MSCI ACWI Index and ranked in the 45th percentile within the Morningstar World Stock Universe •The MFS Global Equity R6 Fund returned 4.98%,which outperformed the benchmark and ranked in the 21st percentile of the Morningstar World Stock Universe. •The Hartford Schroders Emerging Market Equity Fund returned -1.21%during the quarter and underperformed the MSCI Emerging Market benchmark return of -1.09%.The Fund ranked in the 34th percentile of the Morningstar Emerging Market Universe. Fixed Income The Federal Reserve picked up the pace of rate hikes in the last few months,raising the fed funds rate in March,again in June,and more recently in September.The Fed has now raised rates eight times since the first increase in December 2015,and will very likely increase rates again before the end of the year.Despite the rise in rates,however,the Bloomberg Barclays U.S.Aggregate Index produced a small,but positive return of 0.02%for the quarter,although the year-to-date return remained in negative territory at –1.6%.The index return was helped by positive performance from corporate bonds,which outperformed U.S.Treasuries by +168 basis points during the third quarter after lagging during the first half of the year.After widening from a spread of +98 in December to +130 in June,investment-grade corporate bond spreads tightened to +113 at the end of September.Performance was better with lower credit quality,as BBB rated bonds outperformed AAA rated issues,and non-investment grade bonds outperformed Treasuries by nearly 250 basis points for the quarter.At the very bottom of the credit quality spectrum,CCC rated issues outperformed Treasuries by 737 basis points for the year-to-date.Securitized sectors also performed well this quarter,as Mortgage-Backed securities outperformed Treasuries by 17 basis points,while Asset-Backed securities outperformed by 30 basis points,and Commercial Mortgage-Backed securities outperformed by 76 basis points. 8 PARS: County of Contra Costa November 13, 2018 CCC BOS Minutes 397 Fixed Income (Cont.) After eight 25 basis point rate hikes during the past three years,and another expected in December,the fed funds rate will likely end the year in a range from 2.25%to 2.50%,not far from the FOMC’s long run projection of slightly over 3%.Even 3%interest rates are likely to result in greater volatility,especially when combined with a more hawkish Fed.Low interest rates have facilitated more borrowing,resulting in an economy that is more leveraged than ever before,while masking an overall deterioration in credit quality.When the financial crisis hit in 2008, only one-third of investment-grade corporate bonds were rated BBB,whereas now 49%are rated BBB.In addition,even at these low interest rates,14%of the companies in the S&P 1500 composite are barely able to cover their interest expense.Many of these so called “zombie” companies may not survive in a more normalized interest rate environment,especially if economic growth slows from currently strong levels. Looking forward,we expect another increase in the fed funds rate in December,and three more hikes next year to bring rates to a little over 3%. Therefore,we will continue to keep the portfolio duration between 90%and 95%of the benchmark over the next quarter as it still seems highly likely that short term rates will increase further. •The Plan’s fixed income segment returned 0.14%in the quarter,which was slightly ahead of the Bloomberg Barclays Aggregate Index return of 0.02%. •The separately managed fixed income portfolio returned 0.19%which slightly exceeded the benchmark.The portfolio would have ranked approximately in the 39th percentile of the Morningstar Intermediate Term Bond Universe. •The PIMCO Total Return Bond Fund posted a 0.08%return in the quarter,which placed it in the 58th percentile of Morningstar’s Intermediate-Term Bond Universe.The Fund outperformed the Index •The Prudential Total Return Bond Fund returned -0.09%in the quarter.This ranked in the 83rd percentile of Morningstar’s Intermediate-Term Bond Universe and underperformed the benchmark . 9 PARS: County of Contra Costa November 13, 2018 CCC BOS Minutes 398 Alternative Investments The Alternatives portion of the Plan returned -0.89%and underperformed the Wilshire Liquid Alternative Index return of 1.02%The Eaton Vance Global Macro Fund returned -1.05%in the quarter.Long currency positions in Sri Lanka and Iceland detracted from returns.A short fixed income investment in South Africa also hurt returns,as the country enjoyed a modest turnaround in their economy.Top contributing positions included long sovereign positions in Turkey and Argentina.These two positions were strong detractors in the previous quarter.The AQR Market Neutral Fund (-1.70%)posted another difficult quarter.Of the four factors that the managers seek to either go “long”or “short”(valuation, momentum,sentiment,and quality),momentum was the only factor that added value.The managers still maintain the conviction that value oriented investments will deliver superior returns over the long-haul.However,in this current environment,where growth investments have dominated value-oriented investments,the strategy has lagged,to say the least.The Blackrock Strategic Income Fund was added to the Plan in July.This fund is classified as a non-traditional bond fund,which translates to the manager being able to invest primarily within fixed income investments,but without sector,quality,or segment limitations.The rationale for inclusion in the Plan stems from the belief that the Federal Reserve is likely to raise rates three to four times between now and the end of 2019.Given this forecast,returns from traditional fixed income investing will be challenged.Additional flexibility awarded to a skilled manager such as Blackrock,may lead to above benchmark returns.At quarter-end,the manager maintained a duration of 2.4 years.For the entirety of the quarter,the manager generated a +0.49%return.The rally in corporate fixed income in the third quarter,aided returns. •The alternative investment segment returned -0.89%in the third quarter,which trailed the Wilshire Liquid Alternatives Index return of 1.02%. •The AQR Market Neutral Fund returned -1.70%,which ranked in the 85th percentile of Morningstar’s Market Neutral Universe.The fund lagged the benchmark. •The BlackRock Strategic Income Opportunity Fund returned 0.49%,which exceed the benchmark,and ranked in the 65th percentile of Morningstar’s Non-Traditional Bond Universe.(Note,we added this manager to the Plan on July 11,2018). •The Eaton Vance Global Macro Absolute Return Fund declined -1.05%which ranked in the 94th percentile of Morningstar’s Non- Traditional Universe 10 PARS: County of Contra Costa November 13, 2018 CCC BOS Minutes 399 Asset Allocation/Portfolio Transitions During the quarter we eliminated the Nationwide Bailard International Equity Fund,based on performance issues.We re-invested the proceeds into the Plan’s current passive investment:iShares MSCI EAFE Index Fund Within the alternatives segment,we added the Blackrock Strategic Income Opportunity Fund.This manager was added as a replacement for the AQR Managed Futures Fund,which was eliminated from the Plan in the second quarter of 2018. 11 PARS: County of Contra Costa November 13, 2018 CCC BOS Minutes 400 Manager Watch List Name of Fund Date on watch list Date exiting watch list Recommendation Rationale Columbia Contrarian Core Fund 3Q 2018 Retain on Watch List Annualized return trails the benchmark or median return trails on a 3-year basis for more than three consecutive quarters Dodge & Cox International 3Q 2018 Retain on Watch List Annualized return trails the benchmark or median return trails on a 3-year basis for more than three consecutive quarters Nationwide Bailard International 3Q 2018 3Q 2018 Eliminated from the portfolio Manager performance AQR Equity Market Neutral I 3Q 2018 Retain on Watch List Unusual tracking error to the benchmark 12 PARS: County of Contra Costa November 13, 2018 CCC BOS Minutes 401 13 PARS: County of Contra Costa 6/30/2018 6/30/2018 9/30/2018 9/30/2018 Target Asset Allocation Market Value % of Total Market Value % of Total Allocation Large Cap Equities Columbia Contrarian Core Inst3 7,993,584 3.0%8,276,291 3.0%-- iShares Russell 1000 ETF 17,080,272 6.3%18,494,126 6.7%-- Vanguard Growth & Income Adm 8,105,654 3.0%8,978,634 3.3%-- Dodge & Cox Stock Fund 7,992,999 3.0%8,230,822 3.0%-- Harbor Capital Appreciation Retirement 2,662,925 1.0%2,785,457 1.0%-- T. Rowe Price Growth Stock Fund 2,668,567 1.0%2,772,223 1.0%-- Total Large Cap Equities 46,504,002$ 17.3%49,537,552$ 18.0% 17.0% Range Range 13-32% Mid Cap Equities iShares Russell Mid-Cap ETF 14,416,610 5.4%15,038,541 5.5%-- Total Mid Cap Equities 14,416,610$ 5.4%15,038,541$ 5.5%6.0% Range Range 2-10% Small Cap Equities iShares Russell 2000 ETF 14,280,908 5.3%15,025,221 5.5%-- Undiscovered Managers Behavioral Val R6 7,855,858 2.9%8,209,000 3.0% T. Rowe Price New Horizons Fund 3,952,095 1.5%4,160,613 1.5%-- Total Small Cap Equities 26,088,860$ 9.7%27,394,834$ 10.0%8.0% Range Range 4-12% International Equities Nationwide Bailard Intl Equities I 3,961,396 1.5%------ iShares MSCI EAFE Index Fund 11,852,351 4.4%16,376,479 6.0%-- Dodge & Cox International Stock Fund 3,974,759 1.5%4,114,992 1.5%-- MFS® International Growth R6 3,988,460 1.5%4,154,962 1.5%-- Hartford Schroders Emerging Mkts Eq Y 3,977,006 1.5%4,211,127 1.5%-- Total International Equities 27,753,971 10.3%28,857,561$ 10.5%9.0% Range Range 4-16% Global Equities MSCI iShares ACWI Index ETF 11,844,965 4.4%12,365,033 4.5% American Funds New Perspective R6 3,980,266 1.5%4,137,563 1.5% MFS Global Equity FD CL R5 #4818 3,965,652 1.5%4,122,262 1.5% Total Global Equities 19,790,883$ 7.4%20,624,857$ 7.5%7.0% Range Range 4-12% Asset Allocation Period Ending September 30, 2018 November 13, 2018 CCC BOS Minutes 402 14 PARS: County of Contra Costa 6/30/2018 6/30/2018 9/30/2018 9/30/2018 Target Asset Allocation Market Value % of Total Market Value % of Total Allocation Real Estate Vanguard REIT ETF 7,289,612 2.7%7,608,931 2.8% 7,289,612$ 2.7%7,608,931$ 2.8%4.0% Range Range 0-8% Fixed Income Core Fixed Income Holdings 70,047,425 26.0%72,882,528 26.5%-- PIMCO Total Return Instl Fund 11,246,641 4.2%11,804,866 4.3%-- Prudential Total Return Bond Q 11,268,669 4.2%11,779,177 4.3%-- Total Fixed Income 92,562,735$ 34.4%96,466,571$ 35.1% 38.0% Range Range 30-50% Alternatives BlackRock Strategic Income Opps K ----4,152,727 1.5%-- Eaton Vance Glbl Macro Abs Ret I 9,227,873 3.4%9,657,764 3.5%-- AQR Equity Market Neutral I 8,589,204 3.2%5,602,874 2.0%-- Total Alternatives 17,817,077$ 6.6%19,413,365$ 7.1% 10.0% Range Range 5-20% Cash Money Market 16,856,500 6.3%10,185,042 3.7%-- Total Cash 16,856,500$ 6.3%10,185,042$ 3.7%1.0% Range Range 0-5% TOTAL 269,080,251$ 100.0% 275,127,254$ 100.0% 100.0% Asset Allocation Period Ending September 30, 2018 November 13, 2018 CCC BOS Minutes 403 *Ending Market Value differs from total market value on the previous page due to differences in reporting methodology. The ab ove ending market value is reported as of trade date and includes accruals. The Asset Allocation total market value is reported as of settlement date. 15 PARS: County of Contra Costa Investment Summary Third Quarter 2018 Year to Date 2018 Beginning Value 269,670,257.66 254,664,786.12$ Net Contributions/Withdrawals -109,484.73 15,840,653.74 Fees Deducted -48,396.64 -145,010.02 Income Received 1,443,879.28 3,848,578.56 Market Appreciation 4,761,005.50 1,473,025.06 Net Change in Accrued Income 140,831.83 176,059.44 Ending Market Value*275,858,092.90$ 275,858,092.90$ * Investment Summary Third Quarter 2017 Year to Date 2017 Beginning Value 235,222,340.14$ 206,343,794.94$ Net Contributions/Withdrawals -46,220.22 15,343,301.75 Fees Deducted -47,257.43 -140,014.46 Income Received 1,131,721.24 3,203,242.05 Market Appreciation 6,100,095.76 17,571,143.38 Net Change in Accrued Income -41,470.43 -2,258.60 Ending Market Value*242,319,209.06$ 242,319,209.06$ * Investment Summary Period Ending September 30, 2018 November 13, 2018 CCC BOS Minutes 404 Investment Strategy As of September 30, 2018 Tactical Asset Allocation Asset Class % Portfolio Weighting Rationale Target Current Portfolio Over/Under Weighting Cash 1.0%3.75%+2.75%Cash position was increased while a review of alternatives are completed. Fixed Income 38.0%35.0%-3.0%Our current forecast calls for the Federal Reserve to raise interest rates in December of 2018,and between two to three times in 2019. We expect tightening labor markets,increasing aggregate demand and dwindling excess capacity to produce inflationary pressure that will prompt the Fed to stay on a path of normalization.Our year-end 10-year Treasury forecast calls for a range between 3.5%-4.0%for 2019.We see continued headwinds for fixed income returns. Alternatives 10.0%7.0%-3.0%Alternatives were reduced to an underweight in the previous quarter due the disappointing returns of several of the managers. Real Estate (REITS)4.0%2.75%-1.25%Rising vacancy rates for regional malls and shopping centers,rising interest rate pressures on the sector and declining sales trends for a variety of sectors create a negative backdrop for REITs.With our forecast for a continue rise in interest rates,we would see pressure on this sector for several more quarters. Global Equity 7.0%7.5%+0.5%The U.S. economy is on solid footing with low unemployment and modest, yet improving growth. Economic activity outside of the U.S. is firming after being out of sync with the U.S. for most of the current cycle. Geopolitical risks, protectionist related policies, and trade war related rhetoric will be closely monitored and may lead to a reversal of this slight overweight position. International (Developed)9.0%9.0%-We reduced our allocation to international equities in the previous quarter,moving to a neutral allocation.The reduction in the position is due to elevated geopolitical risks,in which lingering and unresolved trade conflicts could harm international equities more than domestic equity markets.The argument for maintaining the neutral allocation,and not moving to an underweight is supported by more attractive relative valuation vs.U.S.domestic markets. International (Emerging)0.0%1.5%+1.5%The on-going issues related to China,geopolitical and economic events in Turkey and Argentina have negatively impacted sentiment.The recent strength in the dollar has,and will likely continue,to weigh on the prospects of emerging market equities. Total Domestic Equity 31.0%33.5%+2.5% Large Cap 17.0%18.0%+1.0%We have upwardly increased our earnings estimates for the S&P500 for the second time this year,now forecasting a range of between $157-$160/share.Signs of building economic momentum both from the consumer and corporate sector,should warrant continued positive prospects for large cap equities. Mid Cap 6.0%5.5%-0.50%We maintain our slight underweight to mid cap equities,preferring to be overweight small cap and large cap. Small Cap 8.0%10%+2.0%Tax reform has led to increased earnings growth for small cap stocks,while tariffs and trade war rhetoric has not impacted the small cap equity segment year to date. 16PARS: County of Contra CostaNovember 13, 2018 CCC BOS Minutes 405 Inception Date: 02/01/2011 * Benchmark from February 1, 2011 to June 30, 2013: 18% Russell 1000 Index, 6% Russell Midcap Index, 8% Russell 2000 Index, 8 % MSCI ACWI Index, 10% MSCI EAFE Index, 45% Barclays Aggregate Index, 4% DJ Wilshire REIT Index, 1% Citigroup 3 Month T Bill Index. From July 1, 2013 to June 30, 2015: 17% Russell 1000 Index, 6% Russell Midcap Index, 8% Russell 2000 Index, 7% MSCI AC World US Index, 9% MSCI EAFE Index, 38% Barclays Aggregate Index, 4% DJ Wilshire REIT Index, 10% HFRI FOF Market Defensive Index, 1% Citigroup 3 Month T-Bill Index. From July 1, 2015: 17% Russell 1000 Index, 6% Russell Midcap Index, 8% Russell 2000 Index, 7% MSCI AC World Index, 9% MSCI EAFE Index, 38% Barclays Aggregate Index, 4% DJ Wilshire REIT Index, 10% Wilshire Liquid Alternative Index, 1% Citigroup 3 Month T-Bill Index ** Dynamic Alternatives Index represents the HFRI FOF Market Defensive Index from 07/01/2013 until 06/30/2015, and then the W ilshire Liquid Alternatives Index from 07/01/2015 forwards. Returns are gross-of-fees unless otherwise noted. Returns for periods over one year are annualized. The information presented ha s been obtained from sources believed to be accurate and reliable. Past performance is not indicative of future returns. Secu rities are not FDIC insured, have no bank guarantee, and may lose value. 17 PARS: County of Contra Costa 3 Months Year to Date (9 Months) 1 Year 3 Years 5 Years Inception to Date (92 Months) Cash Equivalents .45 1.19 1.44 .75 .46 .30 FTSE 3 Month T-Bill Index .50 1.29 1.57 .81 .49 .34 Fixed Income ex Funds .19 -1.22 -.92 1.72 2.31 3.06 Total Fixed Income .14 -1.29 -.91 1.91 2.37 3.15 BBG Barclays US Aggregate Bd Index .02 -1.60 -1.22 1.31 2.16 2.69 Total Equities 4.45 5.93 11.25 14.09 9.87 9.94 Large Cap Funds 7.21 10.11 17.03 16.89 13.26 12.70 Russell 1000 Index 7.42 10.49 17.76 17.07 13.67 13.52 Mid Cap Funds 4.92 7.26 13.72 14.08 10.25 10.66 Russell Midcap Index 5.00 7.46 13.98 14.52 11.65 12.33 Small Cap Funds 4.10 12.19 16.99 17.57 12.24 13.38 Russell 2000 Index 3.58 11.51 15.24 17.12 11.07 12.18 International Equities 2.42 -.01 4.54 11.15 5.81 5.72 MSCI AC World Index 4.28 3.83 9.77 13.40 8.67 8.25 MSCI EAFE Index 1.35 -1.43 2.74 9.23 4.42 4.98 MSCI EM Free Index -1.09 -7.68 -.81 12.36 3.61 1.63 REIT Funds .47 .01 1.41 6.88 8.71 8.56 Wilshire REIT Index .72 2.25 3.99 7.08 9.25 9.34 Alternatives -.89 -6.39 -4.24 -1.69 .83 Dynamic Alternatives Index 1.02 -.55 .96 1.90 1.93 .01 Total Managed Portfolio 2.35 2.03 5.10 7.64 5.99 6.29 Total Account Net of Fees 2.34 1.98 5.02 7.55 5.88 6.17 County of Contra Costa 2.42 2.81 5.79 7.97 6.36 6.76 Selected Period Performance PARS/COUNTY OF CONTRA COSTA PRHCP Account 6746038001 Period Ending: 09/30/2018 November 13, 2018 CCC BOS Minutes 406 COUNTY OF CONTRA COSTA 18 PARS: County of Contra Costa 3-Month YTD 1-Year 3-Year 5-Year Fund Name Inception Return Rank Return Rank Return Rank Return Rank Return Rank Columbia Contrarian Core Inst3 (7/13) 7.70 25 7.00 72 12.79 79 15.24 56 12.87 39 T. Rowe Price Growth Stock I 4.89 93 15.37 51 22.41 56 19.45 30 16.22 20 Harbor Capital Appreciation Retirement 6.72 71 18.46 28 27.03 25 20.09 22 16.96 11 Dodge & Cox Stock (10/14) 6.49 25 7.51 14 13.70 22 17.28 3 12.71 3 Vanguard Growth & Income Adm (12/16) 8.08 15 11.20 11 18.65 13 17.11 16 14.20 6 iShares Russell 1000 ETF (3/15) 7.39 39 10.37 27 17.60 28 16.92 23 13.53 20 Russell 1000 TR USD 7.42 --10.49 --17.76 --17.07 --13.67 -- iShares Russell Mid-Cap ETF (3/15) 4.95 30 7.33 34 13.79 37 14.32 42 11.46 26 Russell Mid Cap TR USD 5.00 --7.46 --13.98 --14.52 --11.65 -- Undiscovered Managers Behavioral Val R6 (9/16) 2.80 11 6.56 27 12.48 12 15.54 24 12.13 3 Russell 2000 Value TR USD 1.60 --7.14 --9.33 --16.12 --9.91 -- T. Rowe Price New Horizons I 9.08 21 25.52 17 31.36 19 23.34 12 16.55 4 Russell 2000 Growth TR USD 5.52 --15.76 --21.06 --17.98 --12.14 -- iShares Russell 2000 ETF (3/15) 3.58 38 11.51 23 15.22 27 17.16 19 11.11 24 Dodge & Cox International Stock 0.81 54 -6.39 95 -5.26 99 8.20 69 3.74 64 MFS® International Growth R6 2.17 12 3.35 12 9.44 8 13.49 13 6.76 19 MFS® Global Equity R6 (3/15) 4.98 21 2.93 55 7.47 63 12.54 48 8.75 44 iShares MSCI EAFE ETF (3/15) 1.32 33 -1.42 35 2.69 30 9.17 41 4.33 42 iShares MSCI ACWI ETF (3/15) 4.38 33 4.10 42 10.22 36 13.79 28 8.99 39 American Funds New Perspective R6 (3/15) 3.92 45 8.73 11 13.82 13 15.35 13 11.29 9 Nationwide Bailard Intl Eqs R6 Sold (9/30) 0.20 74 -5.76 92 -2.21 92 6.22 91 4.34 41 MSCI EAFE NR USD 1.35 ---1.43 --2.74 --9.23 --4.42 -- MSCI ACWI NR USD 4.28 --3.83 --9.77 --13.40 --8.67 -- Hartford Schroders Emerging Mkts Eq Y (11/12) -1.21 34 -7.21 24 -0.74 21 13.33 13 4.21 17 MSCI EM Free Index -1.09 ---7.68 ---0.81 --12.36 --3.61 -- Data Source: Morningstar, SEI Investments Returns less than one year are not annualized. Past performance is not indicative of future returns. The information presented has been obtained from sources believed accurate and reliable. Securities are not FDIC insured, have no bank guarantee and may lose value. LARGE CAP EQUITY FUNDS MID CAP EQUITY FUNDS SMALL CAP EQUITY FUNDS INTERNATIONAL EQUITY FUNDS For Period Ending September 30, 2018 November 13, 2018 CCC BOS Minutes 407 COUNTY OF CONTRA COSTA PARS: County of Contra Costa 18 3-Month YTD 1-Year 3-Year 5-Year Fund Name Inception Return Rank Return Rank Return Rank Return Rank Return Rank Vanguard Real Estate ETF (6/17) 0.55 56 0.55 71 1.94 82 7.02 44 8.68 51 Wilshire REIT Index 0.72 --2.25 --3.99 --7.08 --9.25 -- Core Fixed Income Portfolio 0.19 39 -1.22 30 -0.92 33 1.72 41 2.31 38 PIMCO Total Return Instl 0.08 58 -1.62 57 -1.52 72 2.16 25 2.27 41 PGIM Total Return Bond R6 (5/16) -0.09 83 -1.97 82 -0.88 34 2.86 10 3.46 4 BBgBarc US Agg Bond TR USD 0.02 ---1.60 ---1.22 --1.31 --2.16 -- AQR Equity Market Neutral I (2/16) -1.70 85 -10.12 93 -9.34 94 0.98 61 ---- BlackRock Strategic Income Opps K 0.49 65 0.07 67 0.94 58 2.84 59 2.83 30 Eaton Vance Glbl Macr Absolute Return I (7/13) -1.05 94 -2.41 88 -1.36 83 2.74 61 2.49 42 Idx: Dynamic Alternatives 1.02 0 -0.55 0 0.96 0 1.90 0 1.93 0 Data Source: Morningstar, SEI Investments Returns less than one year are not annualized. Past performance is not indicative of future returns. The information presented has been obtained from sources believed accurate and reliable. Securities are not FDIC insured, have no bank guarantee and may lose value. ALTERNATIVE FUNDS REIT EQUITY FUNDS For Period Ending September 30, 2018 BOND FUNDS November 13, 2018 CCC BOS Minutes 408 COUNTY OF CONTRA COSTA 20 PARS: County of Contra Costa 2017 2016 2015 2014 2013 2012 Fund Name Inception Return Rank Return Rank Return Rank Return Rank Return Rank Return Rank Columbia Contrarian Core Inst (7/13) 21.70 32 8.64 74 3.02 9 12.92 31 35.73 17 18.67 10 T. Rowe Price Growth Stock I (PRUFX)33.84 15 1.58 63 10.93 --8.83 --39.20 --18.92 -- Harbor Capital Appreciation Retirement (HNACX)36.68 5 -1.04 --10.99 --9.93 --37.66 --15.69 -- Dodge & Cox Stock (10/14) 18.33 24 21.28 6 -4.49 62 10.40 54 40.55 2 22.01 2 Vanguard Growth & Income Adm (12/16) 20.80 54 12.12 24 2.03 16 14.16 13 32.74 37 17.05 19 iShares Russell 1000 ETF (3/15) 21.53 37 11.91 27 0.82 30 13.08 28 32.93 35 16.27 29 Russell 1000 TR USD 21.69 --12.05 --0.92 --13.24 --33.11 --16.42 -- iShares Russell Mid-Cap ETF (3/15) 18.32 27 13.58 61 -2.57 30 13.03 8 34.50 46 17.13 43 Russell Mid Cap TR USD 18.52 --13.80 ---2.44 --13.22 --34.76 --17.28 -- Undiscovered Managers Behavioral Val L (9/16) 13.43 11 20.84 81 3.43 1 5.70 26 37.64 38 23.55 4 Russell 2000 Value TR USD 7.84 --31.74 ---7.47 --4.22 --34.52 --18.05 -- T. Rowe Price New Horizons I (PRJIX)31.67 9 7.95 69 4.54 --6.10 --49.11 --16.20 -- Russell 2000 Growth TR USD 22.17 --11.32 ---1.38 --5.60 --43.30 --14.59 -- iShares Russell 2000 ETF (3/15) 14.66 24 21.36 43 -4.33 44 4.94 44 38.85 35 16.39 34 Dodge & Cox International Stock 23.94 72 8.26 2 -11.35 98 0.08 9 26.31 8 21.03 16 Nationwide Bailard Intl Eqs R6 (NWHMX)24.68 62 -2.13 83 0.93 23 -1.90 15 21.84 --21.07 -- MFS® International Growth R6 (MGRDX)32.58 31 2.79 6 0.40 52 -5.01 57 13.94 78 19.77 29 MFS® Global Equity R6 (3/15) 24.04 41 7.43 27 -1.34 48 4.08 33 27.93 34 23.14 -- iShares MSCI EAFE ETF (3/15) 24.94 58 0.96 47 -0.90 46 -5.04 46 22.62 18 17.22 66 iShares MSCI ACWI ETF (3/15)24.35 39 8.22 21 -2.39 62 4.64 28 22.91 63 15.99 51 American Funds New Perspective Fund® Class R-6 (3/15) 29.30 16 2.19 77 5.63 6 3.56 40 27.23 38 21.19 14 MSCI EAFE NR USD 25.03 --1.00 ---0.81 ---4.90 --22.78 --17.32 -- MSCI ACWI NR USD 23.97 --7.86 ---2.36 --4.16 --22.80 --16.13 -- Hartford Schroders Emerging Mkts Eq Y (HHHYX) (11/12) 41.10 18 10.53 ---12.68 ---4.61 ---2.28 --21.73 -- MSCI EM Free Index 37.28 --11.19 ---14.92 ---2.19 ---2.60 --18.22 -- Data Source: Morningstar, SEI Investments Returns less than one year are not annualized. Past performance is not indicative of future returns. The information presented has been obtained from sources believed accurate and reliable. Securities are not FDIC insured, have no bank guarantee and may lose value. For Period Ending December 31, 2017 LARGE CAP EQUITY FUNDS MID CAP EQUITY FUNDS SMALL CAP EQUITY FUNDS INTERNATIONAL EQUITY FUNDS November 13, 2018 CCC BOS Minutes 409 COUNTY OF CONTRA COSTA 21 PARS: County of Contra Costa 2017 2016 2015 2014 2013 2012 Fund Name Inception Return Rank Return Rank Return Rank Return Rank Return Rank Return Rank Vanguard REIT ETF (6/17) 4.95 57 8.53 17 2.37 65 30.29 33 2.42 27 17.67 30 Wilshire REIT Index 4.18 --7.24 --4.23 --31.78 --1.86 --17.59 -- Core Fixed Income Portfolio 3.49 59 3.63 37 0.78 14 4.74 70 -1.40 41 5.42 69 PIMCO Total Return Instl 5.13 10 2.60 63 0.73 15 4.69 71 -1.92 60 10.36 12 Prudential Total Return Bond Q (5/16) 6.71 2 4.83 13 0.09 44 7.25 5 -0.91 28 9.96 14 BBgBarc US Agg Bond TR USD 3.54 --2.65 --0.55 --5.97 ---2.02 --4.21 -- Eaton Vance Floating-Rate & Hi Inc Inst (12/16) 4.63 9 11.55 15 -1.50 57 0.90 33 5.23 50 9.51 38 AQR Managed Futures Strategy I (7/13) -0.97 74 -8.43 81 2.00 31 9.69 40 9.40 6 2.99 5 AQR Equity Market Neutral I (2/16) 5.84 24 5.85 18 17.60 1 -- -- -- -- -- -- Eaton Vance Glbl Macr Absolute Return I (7/13) 4.29 47 4.00 61 2.63 7 3.03 18 -0.24 58 4.11 79 Dynamic Alternatives Index 5.07 --2.29 ---5.19 --6.39 --0.54 ---1.67 -- Data Source: Morningstar, SEI Investments Returns less than one year are not annualized. Past performance is not indicative of future returns. The information presented has been obtained from sources believed accurate and reliable. Securities are not FDIC insured, have no bank guarantee and may lose value. REIT EQUITY FUNDS ALTERNATIVE FUNDS For Period Ending December 31, 2017 BOND FUNDS November 13, 2018 CCC BOS Minutes 410 RECOMMENDATION(S): APPROVE and AUTHORIZE the Employment and Human Services Director, or designee, to seek reimbursement from the California Department of Education in an amount not to exceed $1,794 to maintain Child Days of Enrollment during emergency closure at the County operated site, Las Deltas, during FY 2018-19. FISCAL IMPACT: Approval of this action will allow the County to maintain Child Days of Enrollment for FY 2018-19, preserving revenue of $1,794 from the California Department of Education. BACKGROUND: During FY 2018-19, an emergency closure occurred at one of the County-operated childcare sites, Las Deltas. The closure affected 29 children in total. On October 8, 2018, the center could not operate due to an emergency water shut down that impacted the entire building. In order to prevent a loss of funds during this period, the County has the option to submit a Board Order to the State in order to maintain childcare fund reimbursement for the impacted day of closure. This option is allowable per California Department of Education, Child Development Management Bulletin 10-09 "Reduced Days of Operation or Attendance Due to Emergency Conditions." APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/13/2018 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 ABSENT:Federal D. Glover, District V Supervisor Contact: CSB (925) 681-6334 I hereby certify that this is 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 13, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: Nelly Ige, Ressie Dayco C. 60 To:Board of Supervisors From:Kathy Gallagher, Employment & Human Services Director Date:November 13, 2018 Contra Costa County Subject:Acknowledgement of Emergency Closure of Childcare Site During Fiscal Year 2018-19 November 13, 2018 CCC BOS Minutes 411 CONSEQUENCE OF NEGATIVE ACTION: If not approved, the County will forego $1,794 in potential revenue. CHILDREN'S IMPACT STATEMENT: The Employment and 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. ATTACHMENTS Management Bulletin Daily attendance Las Deltas November 13, 2018 CCC BOS Minutes 412 November 13, 2018 CCC BOS Minutes 413 November 13, 2018 CCC BOS Minutes 414 November 13, 2018 CCC BOS Minutes 415 Daily Attendance Prior to Closure AGENCY NAME: Contra Costa County Employment and Human Services SITE NAME : Las Deltas Children’s Center DATES of CLOSURE: October 08, 2018 CONTRACT TYPE: CCTR PRIOR WEEK (DATES) # of CHILDREN in Attendance Monday 10/01//18 13 Tuesday 10/02/18 13 Wednesday 10/03/18 13 Thursday, 10/0418 13 Friday 10/05/18 13 Reason for Closure: Water was turned off. AGENCY NAME: Contra Costa County Employment and Human Services SITE NAME : Las Deltas Children’s Center DATES of CLOSURE: October 08, 2018 CONTRACT TYPE: CSPP PRIOR WEEK (DATES) # of CHILDREN in Attendance Monday 10/01//18 16 Tuesday 10/02/18 16 Wednesday 10/03/18 16 Thursday, 10/0418 16 Friday 10/05/18 16 Reason for Closure: Water was turned off. November 13, 2018 CCC BOS Minutes 416 RECOMMENDATION(S): ADOPT Resolution No. 2018/566 authorizing the sale of specified tax-defaulted property at public auction, pursuant to the California Revenue and Taxation Code ("R&T") §3698, as recommended by the Treasurer-Tax Collector. FISCAL IMPACT: There is no impact to the General Fund. All costs will be recovered from the proceeds of the sale. Property or property interests that have been offered for sale at least once and where no acceptable bids have been received at the minimum price, the tax collector may offer that same property or those interests at the same or next scheduled sale at a minimum price that may be less than the amount of defaulted taxes, delinquent and redemption penalties as specified in R&T §3698.5(a)(1). Should the final selling price at public auction be less than the amount as specified in R&T §3698.5(a)(1), proceeds shall be distributed as specified in R&T §4673.1 & R&T §4674 and any remaining balance to satisfy the amounts as specified in R&T §3698.5(a)(1) may be transferred from the Tax Loss Reserve Fund. (R&T § 4703.2(c).) APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/13/2018 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 ABSENT: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 13, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stephanie Mello, Deputy cc: C. 61 To:Board of Supervisors From:Russell Watts, Treasurer-Tax Collector Date:November 13, 2018 Contra Costa County Subject:Sale of Tax-Defaulted Property by the County Tax Collector November 13, 2018 CCC BOS Minutes 417 BACKGROUND: The Tax Collector has the authority to sell tax-defaulted property that is subject to the power of sale (R&T §3691). Written approval of the Board of Supervisors (R&T § 3694 and 3698) is required to sell property at public auction (R&T §3692) to the highest bidder at the time and place fixed for sale (R&T §3706) Property that has been tax-defaulted for five or more years and is subject to the Tax Collector's power to sell may be sold. All or any portion of a property may be offered for sale, without regard to its boundaries when it became subject to sale (R&T §3691). The purpose of the sale is to collect unpaid taxes. Offering property for sale achieves this, either by collecting the unpaid taxes from the proceeds of the sale or through redemption by the assessee. Any person or entity, including cities, taxing agencies, revenue districts and the State may purchase property at a public auction (R&T § 3691 and 3705). The only exception to eligible purchasers is the Tax Collector, who conducts the sale, or his/her employees (California Government Code § 1090). If a parcel is redeemed before the close of business on the last business day prior to the date of sale, the power to sell is automatically nullified and the parcel will be withdrawn from the sale. If a parcel is redeemed within 90 days of the scheduled sale, $150 will be collected to reimburse the County for costs incurred in preparing to conduct the sale (R&T § 4112). Where property or property interests have been offered for sale at least once and no acceptable bids therefor have been received at the minimum price, the tax collector may, in his or her discretion and with the approval of the board of supervisors, offer that same property or those interests at the same or next scheduled sale at a minimum price that the tax collector deems appropriate in light of the most current assessed valuation of that property or those interests, or any unique circumstance with respect to that property or those interests. (R&T § 3698.5(c)) Any parcel remaining unsold may be reoffered within a 90-day period and any new parties of interest shall be notified in accordance with R&T §3706. CONSEQUENCE OF NEGATIVE ACTION: If not approved, the Annual Tax Collector’s Public Auction will not proceed and property taxes will not be collected. ATTACHMENTS Resolution No. 2018/566 2019 Public Auction List November 13, 2018 CCC BOS Minutes 418 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and for Special Districts, Agencies and Authorities Governed by the Board Adopted this Resolution on 11/13/2018 by the following vote: AYE:4 John Gioia Candace Andersen Diane Burgis Karen Mitchoff NO: ABSENT:1 Federal D. Glover ABSTAIN: RECUSE: Resolution No. 2018/566 In The Matter Of: Sale of Tax-Defaulted Property by the County Tax Collector Whereas, the Board, pursuant to §3698 of the Revenue and Taxation code, having been notified by the County Tax Collector of his intent to sell certain tax-defaulted property at public auction and having been provided with a description and minimum purchase price for which each will be sold, and the notice of intended sale of the aforementioned properties be posted or published in accordance with §3702 and §3703 of the California Revenue and Taxation Code. Now, Therefore, Be It Resolved by the Board that the County Tax Collector's proposed sale of tax-defaulted properties listed in Exhibit A attached hereto and made a part hereof, at or above the minimum price indicated is APPROVED pursuant to §3698 of the Revenue and Taxation Code, and the notice of intended sale be posted or published in accordance with §3702 and §3703 of the Revenue and Taxation Code. 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 13, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stephanie Mello, Deputy cc: November 13, 2018 CCC BOS Minutes 419 EXHIBIT "A" ITEM Assessor's Parcel Number (APN)Min.Default #Sales Transfer Transfer State Add'l Rec.Notice Redemp Current Excess Purchaser Name #Assessee Bid Notice Rec.Price Tax (City)Tax (State)Fee Rec. Fee Fee Adv.B4A Title County Contact Dlq. Cost TOTAL Amount Taxes Proceeds Deed # & Date 1 056-073-011-1 23,500 2012-00115 ATHENA FINANCIAL ENTERPRISES 2018-0130845 2 074-440-013-6 13,100 2012-00508 JOHN A BUFFO 2018-0130820 3 067-181-007-5 17,400 2011-00340 KENNETH MAJOR 2018-0130868 4 067-191-003-2 19,200 2011-00343 KENNETH H MAJOR 2018-0130869 5 067-302-005-3 16,600 2011-00360 ABEL & MARY CRUZ 2018-0130864 6 071-034-009-2 5,900 2011-00429 ANGELA JACKSON 2018-0130861 7 WITHDRAWN 8 110-410-089-4 28,200 2012-00667 MICHAEL D ROBBERS 2018-0130841 9 WITHDRAWN 10 112-183-001-0 105,700 2011-00810 ROBERT G MCDAVID JR 2018-0130863 11 406-522-005-7 201,200 2010-01765 FIVE GIANTS INC, PAUL C. LEE 2018-0130846 12 162-180-008-3 5,500 2012-01283 JOHN M DELEVATI 2018-0130839 13 360-530-039-5 23,000 2009-02799 NAZILA T EDALATI 2017-0148745 14 073-113-001-9 28,600 2012-01581 PETER PYRCZAK 2018-0130838 15 WITHDRAWN 16 085-390-051-2 6,900 2011-02078 VICTORIA KRYWOKULSKY 2018-0130852 17 085-226-005-8 22,600 2008-04798 JOSE MARIO SIINO 2014-0134899 18 515-030-019-1 305,800 2012-01855 WILLIAM M CAYLOR TRE 2018-0130835 19 524-040-019-1 46,900 2012-01911 KIMBERLY A SANDOVAL-CAYLOR 2018-0130834 WILLIAM M CAYLOR 20 528-330-009-2 30,600 2012-01948 LACY III & CARMEN L DOUGLAS 2018-0130833 21 560-560-062-5 54,200 2012-02196 PETER BERNAS ELMEDOLAN JR 2018-0130818 22 560-620-050-8 46,200 2012-02201 PETER BERNAS ELMEDOLAN JR 2018-0130831 23 560-032-003-9 10,400 2012-02273 PETER PYRCZAK, MARIA PYRCZAK 2018-0130830 24 561-172-004-5 27,500 2012-02311 CRISTIAN LOPEZ 2018-0130828 25 529-180-008-3 20,000 2012-02332 WILLIAM M & KIMBERLY S CAYLOR 2018-0130827 26 514-290-015-7 50,400 2012-02384 MIGUEL A & AURORA RAMIREZ 2018-0130826 27 WITHDRAWN 28 549-072-005-8 85,000 2012-02543 REVIVAL CENTER CHURCH OF GOD IN CHRIST 2018-0130823 29 530-120-030-8 21,400 2011-02325 WITH APPROVAL OF THE BOARD OF SUPERVISORS, BY RESOLUTION xxxxx DATED OCTOBER xx, 2018 THE PROPERTY LISTED BELOW WAS OFFERED FOR SALE AT PUBLIC AUCTION ENDING ON FEBRUARY 26, 2019, AND WAS DISPOSED OF AS FOLLOWS: Costs built-in to the Delinquent Costs Page 1 of 4November 13, 2018 CCC BOS Minutes 420 EXHIBIT "A" ITEM Assessor's Parcel Number (APN)Min.Default #Sales Transfer Transfer State Add'l Rec.Notice Redemp Current Excess Purchaser Name #Assessee Bid Notice Rec.Price Tax (City)Tax (State)Fee Rec. Fee Fee Adv.B4A Title County Contact Dlq. Cost TOTAL Amount Taxes Proceeds Deed # & Date WITH APPROVAL OF THE BOARD OF SUPERVISORS, BY RESOLUTION xxxxx DATED OCTOBER xx, 2018 THE PROPERTY LISTED BELOW WAS OFFERED FOR SALE AT PUBLIC AUCTION ENDING ON FEBRUARY 26, 2019, AND WAS DISPOSED OF AS FOLLOWS: Costs built-in to the Delinquent Costs MARIO ORELLANA 2018-0130853 30 538-300-008-9 11,400 2011-02893 COMMUNITY 1ST DEVELOPMENT LLC 2018-0130854 31 540-300-015-0 315,000 2010-03522 TABERNACLE OF PRAISE IN JESUS 2018-0130848 32 538-342-003-0 50,200 2011-02900 FLORABELLE SOLVANG 2017-0148720 CLAYTON SOLVANG, ESTATE OF 33 WITHDRAWN 34 414-142-022-6 40,800 2008-06498 RODERICK KENNEY 2014-0134915 ELSIE JEAN KENNEY 35 513-141-040-8 38,500 2006-08555 MELVIN H & MYRTLE CARTER 2012-0193926 36 513-141-041-6 151,600 2006-08556 MELVIN CARTER 2012-0193927 37 514-270-004-5 62,100 2005-04328 MARY E MORGAN 2011-0174151 38 529-290-021-3 84,000 1998-02662 SACHIKO PERRYMAN, ESTATE OF 2004-0312515 39 189-220-060-9 20,400 2012-02633 DIANNA LYNN DIVINE 2018-0130813 40 WITHDRAWN 41 413-130-012-3 11,100 2012-03123 KATHERYINE AUSTIN, KATHERYINE GAINES 2018-0130879 42 234-021-012-5 75,500 2011-04083 ANNE L SEASONS TRE 2018-0130857 43 216-042-011-9 23,400 2010-05142 DARREN & DEBORAH WINN 2018-0130849 44 209-790-086-0 15,300 2011-04556 PAUL FAKAROS, ANNA KAGARAKIS 2018-0130858 45 271-052-008-7 148,300 2010-05682 EDWARD S & RUTH E LEVINSON 2016-0166340 46 041-151-004-3 162,400 2002-06790 EDWARD C & ELIZABETH WILKIE 2008-0175661 47 076-021-016-1 69,100 2012-04028 GBF HOLDINGS LLC 2018-0130817 48 WITHDRAWN 49 026-020-006-8 382,400 2012-04614 SOSNOWSKI & ASSOCIATES INC 2018-0130812 50 026-030-009-0 101,300 2012-04615 SOSNOWSKI & ASSOCIATES INC 2018-0130872 51 026-050-017-8 81,400 2012-04618 SOSNOWSKI & ASSOCIATES INC 2018-0130870 52 409-041-013-7 20,400 2012-04812 STANLEY RAY CROCKETT SR 2018-0130865 NOEL CODY CROCKETT 53 WITHDRAWN 54 WITHDRAWN 55 357-223-028-6 26,300 2011-05243 CYNTHIA A HERRERA-CATALLI 2018-0130859 56 409-021-027-1 55,200 1990-07480 Page 2 of 4November 13, 2018 CCC BOS Minutes 421 EXHIBIT "A" ITEM Assessor's Parcel Number (APN)Min.Default #Sales Transfer Transfer State Add'l Rec.Notice Redemp Current Excess Purchaser Name #Assessee Bid Notice Rec.Price Tax (City)Tax (State)Fee Rec. Fee Fee Adv.B4A Title County Contact Dlq. Cost TOTAL Amount Taxes Proceeds Deed # & Date WITH APPROVAL OF THE BOARD OF SUPERVISORS, BY RESOLUTION xxxxx DATED OCTOBER xx, 2018 THE PROPERTY LISTED BELOW WAS OFFERED FOR SALE AT PUBLIC AUCTION ENDING ON FEBRUARY 26, 2019, AND WAS DISPOSED OF AS FOLLOWS: Costs built-in to the Delinquent Costs JIM E MITCHELL 1996-0129768 57 433-020-007-4 82,200 2010-07070 SKYE ALICE MCLAUGHLIN 2016-0166357 58 028-120-026-1 34,800 2009-09377 PAUL DAVID ANDERSON 2015-0167648 MARGARET DANA ANDERSON MICHAEL DAVID SMYER GUY D ANDERSON JAMES D ANDERSON EST OF SCOTT DALE ANDERSON NORMAN J EVANS BRITTNEY JEAN ARKO RONALD JACOB SMYER DANIELLE LEE SMYER Page 3 of 4November 13, 2018 CCC BOS Minutes 422 ITEM Assessor's Parcel Number (APN)Min.Default #Sales Transfer Transfer State Add'l Rec.Notice Redemp Current Excess Purchaser Name #Assessee Bid Notice Rec.Price Tax (City)Tax (State)Fee Rec. Fee Fee Adv.B4A Title County Contact Dlq. Cost TOTAL Amount Taxes Proceeds Deed # & Date 4 117-020-041-2 18,300 2009-01064 REDEEMED LANE E SHURTLEFF TRE 2017-0148741 10 372-375-002-6 1,700 2011-01554 15,117.05 0.00 17.05 1.50 2.00 15.00 35.00 25.00 250.00 142.50 150.00 0.00 120.00 687.50 1,476.27 111.86 13,508.37 Theodore Lee Miller Jr. RONALD & B ASHLEY LATTERI TRE 2017-0148708 6-5-18; 2018-0088370 24 538-370-006-8 12,800 2009-04688 REDEEMED ETHAN E ALLEN 2017-0148747 28 556-121-025-2 32,100 2008-06002 32,366.75 231.00 35.75 1.50 2.00 15.00 35.00 50.00 500.00 277.50 300.00 0.00 220.00 1,347.50 25,476.58 6,619.92 0.00 Ivan Privalov HARRY ABRAHAMS 2014-0134909 6-5-18; 2018-0088371 31 411-170-020-1 36,000 2002-05307 90,199.55 0.00 99.55 1.50 2.00 15.00 35.00 25.00 250.00 142.50 300.00 0.00 280.00 997.50 34,706.34 1,093.88 54,296.28 Wei Chen EDGAR ANTONIO ELIAS MORAN 2008-0175659 6-5-18; 2018-0088372 35 273-100-031-7 269,600 2004-06930 REDEEMED MARK SOLOWAY, TRE 2010-0164186 LYNN SOLOWAY, TRE 42 001-111-015-2 2,100 2005-08598 10,511.55 0.00 11.55 1.50 2.00 15.00 35.00 75.00 400.00 387.50 450.00 0.00 220.00 1,532.50 10,439.36 57.14 0.00 Theodore Lee Miller Jr. THOMAS B TROST 2011-0174196 6-5-18; 2018-0088373 TOTALS:148,194.90 231.00 163.90 6.00 8.00 60.00 140.00 175.00 1,400.00 950.00 1,200.00 0.00 840.00 4,565.00 72,098.55 7,882.80 67,804.65 WITH APPROVAL OF THE BOARD OF SUPERVISORS, BY RESOLUTION 2017/371 DATED OCTOBER 17, 2017 THE PROPERTY LISTED BELOW WAS OFFERED FOR SALE AT PUBLIC AUCTION ENDING ON MAY 22, 2018, AND WAS DISPOSED OF AS FOLLOWS: Costs built-in to the Delinquent Costs November 13, 2018 CCC BOS Minutes 423 RECOMMENDATION(S): APPROVE the list of providers recommended by Contra Costa Health Plan's Medical Director on October 24 and 26, 2018, and by the Health Services Director, as required by the State Departments of Health Care Services and Managed Health Care, and the Centers for Medicare and Medicaid Services. FISCAL IMPACT: Not applicable. BACKGROUND: The National Committee on Quality Assurance (NCQA) requires that evidence of Board of Supervisors approval must be contained within each CCHP provider’s credentials file. Approval of this list of providers as recommended by the CCHP Medical Director will enable the Contra Costa Health Plan to comply with this requirement. CONSEQUENCE OF NEGATIVE ACTION: If this action is not approved, Contra Costa Health Plan’s Providers would not be appropriately credentialed and not be in compliance with the NCQA. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/13/2018 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 ABSENT: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 13, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: Tasha Scott, Heather Wong C. 62 To:Board of Supervisors From:Anna Roth, Health Services Director Date:November 13, 2018 Contra Costa County Subject:Approve New and Recredentialing Providers in Contra Costa Health Plan’s Community Provider Network November 13, 2018 CCC BOS Minutes 424 ATTACHMENTS Attachment November 13, 2018 CCC BOS Minutes 425 Contra Costa Health Plan Providers Approved by Medical Director October 24, 2018 CREDENTIALING PROVIDER S OCTOBER 2018 Name Specialty Alcid, Kathy, OD Optometry Anand, Dilpreet, BS, RBT Qualified Autism Professional Bermudez, Daniella, MFT-I Mental Health Services Cho, Michael, MD Diagnostic Radiology Couch, Richard, PhD, BCBA -D Qualified Autism Provider Coutinho, Anastasia, MD Primary Care Family Medicine Dodson, Kelsey, BA, RBT Qualified Autism Professional Garcai, Eric, DPT Physical Therapy Garcia, Clarinda, DNP Primary Care Internal Medicine Garrett, Draven, MFT Mental Health Services Gonzalez, Leslie, BA Qualified Autism Professional Gonzalez, Valeria, RBT Qualified Autism Paraprofessional Gray, Gia, MD Primary Care Internal Medicine Gu evara, Salvador, MD Surgery – Colon & Rectal Hahn, Joanna, NP Primary Care Family Medicine Hernandez, Karla, RBT Qualified Autism Paraprofessional Jacobs, Mark, PA Mid-Level Cardiothoracic Surgery Assistant Jewett, Judith, SLP Speech Pathology Knight , Lynmarie, NP Primary Care Family Medicine Kummerling, Marissa, MD Family Planning Leon, Jeanett e, NP Primary Care Internal Medicine Le -Tran, Vivian, DO Surgery – General Leung, Man Kong, MD Neurology/Sleep Medicine Marsters, Jean, MD Psychiatry Maxwell, Andrew, MD Pediatric Cardiology Patel, Chirag, MD Ophthalmology Peng, Nika, BCBA Qualified Autism Provider Richa, Elie, MD Hematology/Oncology Shah, Jhankhana, MD Primary Care Family Medicine Stern, Nathan, MD Primary Care Family Medicine Urcuy o, Diana, RD Dietitian Valjalo, Elizabeth, NP Mid-Level OB/GYN Van Iderstein, Joana, MFT Mental Health Services Warner, Jessica, PA Mid-Level Cardiothoracic Surgery Assistant Waterstraut, Carly, NP Primary Care Family Medicine Zeiger, Bonnie, DPT Phys ical Therapy November 13, 2018 CCC BOS Minutes 426 Contra Costa Health Plan Providers Approved by Medical Director October 24 and 26, 2018 Page 2 of 3 RECREDENTIALING PROVIDER S OCTOBER 2018 Name Specialty Bean, Gary, MD Primary Care Pediatrician Couch, Randy, PT Physical Therapy Elyasi, Siamak, MD Primary Care Family Medicine Hart, Norman, PT Physical Therapy Jacka, Ciaran, DPM Podiatry Kenney, Colleen, DPM Surgery – Foot & Ankle Krouse, John, MD Cardiovascular Disease Lubbers, John, BCBA -D, PhD Qualified Autism Provider Manjunath, Veena, MD Nephrology Mohebati, Arash, MD Surgery – General Niaz, Qasier, MD Hematology/Oncology Nuti, Elizabeth, MD Primary Care Pediatrician/ Pediatric Urgent Care Otero, Fernando, MD Surgery – Vascular Pham, An, MD Primary Care Pediatrician Port, Bryan, PsyD Mental Health Services Rausa, Katherine, MD Nephrology Reddy, Karthik, MD Cardiov ascular Disease Reyes, Reibert, BCBA Qualified Autism Provider Shirgul, Lais, PsyD Mental Health Services Varon, David, MD Gastroenterology Veal, Ulanda, MD Primary Care Pediatrician Venkatachalam, Sukanya, MD Psychiatry Wilbur, Mark, DC Chiropractic Medicine Wong, Wendy, MD Surgery – Orthopaedic Wu, Monte, MD Nephrology Young, Janet, MD Nephrology Zhang, Wengang, MD Primary Care Internal Medicine RECREDEN TIALING ORGANIZATIONAL PROVIDER S OCTOBER 2018 Provider Name Provide the Following Services Location Alzheimer’s Services of the East Bay, Inc. dba: Alzheimer’s Services of the East Bay Adult Day Health Care Berkeley November 13, 2018 CCC BOS Minutes 427 Contra Costa Health Plan Providers Approved by Medical Director October 24 and 26, 2018 Page 3 of 3 RECREDENTIALING ORGANIZATIONAL PROVIDERS OCTOBER 2018 Provider Name Provide the Following Services Locati on Comfort Assisting, Inc. Home Health Agency Home Health Walnut Creek DaVita - Renal Treatment Centers - California, Inc. dba: Creekside Dialysis Center Dialysis Vacaville Kindred Hospice – Dublin Hospice Dublin RAI Care Centers of Northern California II, LLC dba: RAI-East 14th St.-San Leandro Dialysis San Leandro RAI Care Centers of Oakland I, LLC dba: RAI-Oakland Home I Dialysis Oakland Contra Costa Health Plan Provider Approved by Medical Director October 26, 2018 RECREDENTIALING PROVIDER OCTOBER 2018 Name Specialty Towery, Owen, MD Psychiatry Bopl-October 24 and 26, 2018 November 13, 2018 CCC BOS Minutes 428 RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to issue a 90-day advance written notice to Collective Medical Technologies, Inc., a corporation, to terminate Contract #23-616 for provision of software licenses, subscription, and maintenance for two healthcare data sharing applications, effective at the close of business on February 12, 2019. FISCAL IMPACT: This Contract was funded by 100% Hospital Enterprise Fund I. BACKGROUND: On June 20, 2017, the Board of Supervisors approved Contract #23-616 with Collective Medical Technologies, Inc., for the provision of for provision of software licenses, subscription, and maintenance for two healthcare data sharing applications, for the period from June 1, 2018 through May 31, 2020. The applications did not perform to the department's expectations and the department wishes to terminate the subscription service. Approval by the Board of Supervisors will allow the Health Services APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/13/2018 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 ABSENT: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 13, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: Marcy Wilhelm C. 63 To:Board of Supervisors From:Anna Roth, Health Services Director Date:November 13, 2018 Contra Costa County Subject:Terminate Contract #23-616 with Collective Medical Technologies, Inc. November 13, 2018 CCC BOS Minutes 429 BACKGROUND: (CONT'D) Department to issue a ninety-day advance written notice to the Contractor, in accordance with Master Subscription Agreement Paragraph 13.2, that the Contract is terminated effective at the close of business on February 12, 2019. November 13, 2018 CCC BOS Minutes 430