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HomeMy WebLinkAboutMINUTES - 12042018 -CALENDAR FOR THE BOARD OF SUPERVISORS CONTRA COSTA COUNTY AND FOR SPECIAL DISTRICTS, AGENCIES, AND AUTHORITIES GOVERNED BY THE BOARD BOARD CHAMBERS ROOM 107, ADMINISTRATION BUILDING, 651 PINE STREET MARTINEZ, CALIFORNIA 94553-1229 FEDERAL D. GLOVER, CHAIR, 5TH DISTRICT KAREN MITCHOFF, VICE CHAIR, 4TH DISTRICT JOHN GIOIA, 1ST DISTRICT CANDACE ANDERSEN, 2ND DISTRICT DIANE BURGIS, 3RD DISTRICT DAVID J. TWA, CLERK OF THE BOARD AND COUNTY ADMINISTRATOR, (925) 335-1900 PERSONS WHO WISH TO ADDRESS THE BOARD DURING PUBLIC COMMENT OR WITH RESPECT TO AN ITEM THAT IS ON THE AGENDA, MAY BE LIMITED TO TWO (2) MINUTES. A LUNCH BREAK MAY BE CALLED AT THE DISCRETION OF THE BOARD CHAIR. The Board of Supervisors respects your time, and every attempt is made to accurately estimate when an item may be heard by the Board. All times specified for items on the Board of Supervisors agenda are approximate. Items may be heard later than indicated depending on the business of the day. Your patience is appreciated. ANNOTATED AGENDA & MINUTES December 4, 2018                  9:00 A.M. Call to Order, opening ceremonies, and convene and announce adjournment to closed session in Room 101. Inspirational Thought- "Remember that the happiest people are not those getting more, but those giving more." ~ H. Jackson Brown, Jr., American Author 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--ANTICIPATED LITIGATION Initiation of litigation pursuant to Gov. Code, § 54956.9(d)(4): one potential case. C. PUBLIC EMPLOYEE PERFORMANCE EVALUATION Title: County Counsel --Reconvene 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.115 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.   12-4-18 BOS Minutes 1 DISCUSSION ITEMS   D. 1 CONSIDER Consent Items previously removed.    There were no items removed from consent for discussion.   D. 2 PUBLIC COMMENT (2 Minutes/Speaker)    There were no requests to speak at Public Comment.   D. 3 CONSIDER accepting the Transportation, Water & Infrastructure Committee report on polystyrene ban provisions and direct staff to prepare an ordinance, Countywide. (Tim Jensen, Contra Costa County Flood Control and Water Conservation District)       DIRECTED staff to prepare an ordinance for subsequent Committee review and Board approval to ban polystyrene food and beverage containers, applicable to any business that sells, or prepares and sells, food or beverages to the public, and prohibit the retail sales of said containers; DIRECTED that when staff return with the draft ordinance, they also provide a report on what relevant measures have been taken on this issue by the Cities and a draft of a letter for distribution to the cities to advise of the proposed county ordinance and offer assistance; and REQUESTED the Office of Communications and Media work with staff to prepare a public service announcement explaining why the measures are needed to protect wildlife and prevent pollution of our waterways.   D. 4 HEARING on the itemized costs of abatement for property located at 725 Santa Maria Rd., in the El Sobrante area. (LV Investments, Inc., Owner) (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. 5 HEARING on the itemized costs of abatement for property located at 982 Kelvin Rd., in the El Sobrante area. (Michael Allen Tomita, Owner) (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. 6 HEARING to consider adopting Resolution No. 2018/578, amending the 2005-2020 Contra Costa County General Plan to add a Conservation Element policy addressing air quality impacts and greenhouse gas emissions related to certain types of commercial and industrial development, and making a related California Environmental Quality Act finding. (Will Nelson, Department of Conservation and Development)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover D. 7 CONSIDER accepting the report on winter storm preparedness in Contra Costa County, as recommended by the Chief Engineer, Flood Control and Water Conservation District, Countywide. (Michelle Cordis, Public Works 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. 8 CONSIDER appointing individuals to serve on the Racial Justice Oversight Body and accept the response from the Racial Justice Task Force on Report recommendations #18 and #19, as recommended by the Public Protection Committee. (Lara DeLaney, Acting Director, Office of Reentry and Justice)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover 12-4-18 BOS Minutes 2 D. 9 CONSIDER authorizing the Chair of the Board of Supervisors to sign a letter to the 23rd Agricultural Association to convey the Contra Costa County Board of Supervisors' support of a policy prohibiting the possession and sale of firearms on the Contra Costa County Fairgrounds, as recommended by the Public Protection Committee. (Paul Reyes, County Administrator's Office)        AYE: District I 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.10 CONSIDER adopting Resolution No. 2018/576 approving the Side Letters between the County of Contra Costa and AFSCME Local 512, AFSCME Local 2700, IFPTE Local 21, Public Employees Union Local 1, SEIU Local 1021, and Western Council of Engineers providing for MOU extensions, wages, healthcare, and reopener. (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.11 CONSIDER adopting Resolution No. 2018/563, which supersedes Resolution No. 2018/7 regarding compensation and benefits for the County Administrator, County Elected and Appointed Department Heads, Management, Exempt, and Unrepresented employees, to reflect changes. (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.12 Acting as the Governing Body of the In-Home Supportive Services Public Authority, CONSIDER adopting Resolution No. 2018/593 regarding compensation and benefits for employees of the In-Home Supportive Services Public Authority. (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. 13 CONSIDER reports of Board members.    Supervisors Gioia and Mitchoff attended the annual California State Association of Counties (CSAC) convention. Jami Napier represented Contra Costa at the Clerk of the Board's Association meeting.   11:00 A.M. 2018 CSAC Institute Credential Recipients Presentation   Closed Session   Adjourn in memory of Ed Stokes Founder and patriarch of family-owned Diablo Foods   CONSENT ITEMS   Road and Transportation   C. 1 APPROVE the Byron Highway/Byer Road Safety Improvements Project and take related actions under the California Environmental Quality Act, and AUTHORIZE the Public Works Director, or designee, to advertise the Project, Byron area. (52% Highway Safety Improvement Program Grant, 24% Discovery Bay Area of Benefit, 24% East County Area of Benefit Funds)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 2 ADOPT Resolution No. 2018/572 accepting as complete the contracted work performed by Hess Concrete Construction Co., Inc. for the Morgan Territory Road Bridges 4.30 and 4.40 Project, as recommended by the Public Works Director, Clayton area. (100% Local Road Funds)    12-4-18 BOS Minutes 3     AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 3 ADOPT Resolution No. 2018/573 accepting as complete the contracted work performed by American Pavement Systems, Inc. for the 2018 Asphalt Rubber Cape Seal Project, as recommended by the Public Works Director, Bay Point, Clyde, Martinez and Walnut Creek areas. (100% Local Road Funds)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 4 APPROVE and AUTHORIZE the Public Works Director, or designee, to execute contract amendments to the contracts with GradeTech, Inc., Hess Construction Co., Inc., and Engineered Soil Repairs, Inc., to extend the completion dates for each contract from December 6, 2018 to December 6, 2019, for the 2017 On-Call Contract(s) for Various Road, Flood Control, and Airport Maintenance Work, with no change to the payment limit, Countywide. (100% Local Road, Flood Control District, and Airport Enterprise Funds)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 5 ADOPT Resolution No. 2018/581 accepting as complete the contracted work performed by Kerex Engineering, Inc. for the Orwood Road Culvert Replacement Project, as recommended by the Public Works Director, Knightsen area. (100% Local Road Funds)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Engineering Services   C. 6 ADOPT Resolution No. 2018/536 approving the tenth extension of the Subdivision Agreement for subdivision SD89-07267, for a project being developed by Morgan Capital Investment Properties, as recommended by the Public Works Director, Walnut Creek area. (No fiscal impact)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 7 ADOPT Resolution No. 2018/457 approving the Subdivision Agreement for subdivision SD87-06844, for a project being developed by Seclusion Development Group, LLC, as recommended by the Public Works Director, Lafayette area. (No fiscal impact)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 8 ADOPT Resolution No. 2018/514 approving the sixth extension of the Subdivision Agreement for subdivision SD03-08744, for a project being developed by Discovery Builders, Inc., as recommended by the Public Works Director, Martinez area. (No fiscal impact)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 9 APPROVE the Fiscal Year 2018/19 Dougherty Valley Maintenance County Service Area M-29 budget totaling $23,991,923, as recommended by the Public Works Director, San Ramon (Dougherty Valley) area. (100% County Service Area M-29 Funds)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 10 ADOPT Resolution No. 2018/571 accepting Grant Deed Of Development Rights (creek structure setback) for    12-4-18 BOS Minutes 4 C. 10 ADOPT Resolution No. 2018/571 accepting Grant Deed Of Development Rights (creek structure setback) for land use permit LP09-02026, for a project being developed by San Ramon Valley Fire Protection District, as recommended by the Public Works Director, Alamo area. (No fiscal impact)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 11 ADOPT Resolution No. 2018/574 ratifying the prior decision of the Public Works Director, or designee, to fully close a portion of Knightsen Avenue between Delta Road and Curlew Connex and all of 2nd Street on December 2, 2018 from 2:00 PM through 7:00 PM, for the purpose of Knightsen Holiday Parade and Tree Lighting, Knightsen area. (No fiscal impact)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 12 AUTHORIZE the Public Works Director, or designee, to submit an application requesting Community Development Block Grant funds for park improvements at Montalvin Park and accept if awarded, San Pablo area. (25% County Service Area M-17 Funds Match)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 13 APPROVE and AUTHORIZE the Public Works Director, or designee, to execute on behalf of the County, a Grant of Easement to convey an easement to Seclusion Valley Development Group, LLC, for storm drain facilities on Lomas Verdes Place, and take related actions under the California Environmental Quality Act, Lafayette area. (100% Applicant Fees)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Special Districts & County Airports   C. 14 AUTHORIZE the Director of Airports, or designee, to negotiate a long-term ground lease and development terms between the County, as Landlord, and Montecito Development Company, LLC., as the developer for approximately 16-acres of land on the west side of the Buchanan Field Airport. (100% Airport Enterprise Funds)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 15 APPROVE and AUTHORIZE the Chief Engineer, Contra Costa County Flood Control and Water Conservation District, or designee, to apply for a grant from the San Francisco Bay Restoration Authority Measure AA Grant Program, in an amount not to exceed $10,000,000, for partial implementation of the North and South Reaches of the Lower Walnut Creek Restoration Project, Martinez area. (No County Match)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 16 APPROVE and AUTHORIZE the Director of Airports, or designee, to execute a consent to assignment between the County and the current tenant, Pacific States Aviation, and the new tenant, to assign the lease of County-owned property located at 51 and 101 John Glenn Drive, Concord to Threshold Technologies, Inc. (100% Airport Enterprise Funds)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 17 APPROVE and AUTHORIZE the Director of Airports, or designee, to execute a Software and Services    12-4-18 BOS Minutes 5 C. 17 APPROVE and AUTHORIZE the Director of Airports, or designee, to execute a Software and Services Agreement with Grey Wall Software, LLC., in the amount of $50,000, for the term December 4, 2018, to December 3, 2021, including modified indemnification language, to provide an airport administration and operation software solution for the Buchanan Field and Byron Airport. (100% Airport Enterprise Funds)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 18 APPROVE and AUTHORIZE the Director of Airports, or designee, to execute a month-to-month hangar rental agreement with John Potter for a Shade hangar at Buchanan Field Airport effective December 1, 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, District V Supervisor Federal D. Glover Claims, Collections & Litigation   C. 19 RECEIVE report concerning the final settlement of Roger A. Canady II vs. Contra Costa County and AUTHORIZE payment from the Workers' Compensation Internal Service Fund in an amount not to exceed $175,000, as recommended by the Director of Risk Management. (100% Workers' Compensation Internal Service Fund)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 20 RECEIVE report concerning the final settlement of Nancy Rayl vs. Contra Costa County and AUTHORIZE payment from the Workers' Compensation Internal Service Fund in an amount not to exceed $80,000 as recommended by the Director of Risk Management. (100% Workers' Compensation Internal Service Fund)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 21 DENY claims filed by Kelly Edlund, Julia Galves, Geico General Insurance Company, Tod and Alyse Hickman, Lucy McCormick, Progressive Insurance on behalf of Shyra Krause, and Alex M. Studer. DENY amended claim filed by CSAA Inusrance on belhalf of Vladimir Katsnelson, Julia Galvez and Roselyn May.        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Honors & Proclamations   C. 22 ADOPT Resolution No. 2018/577 recognizing 41 County employees who completed the 2018 Contra Costa County CSAC Institute, as recommended by the County Administrator.        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 23 ADOPT Resolution No. 2018/588 recognizing Kathleen Conroy Famulener for her service on the Moraga Orinda Fire Department 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, District V Supervisor Federal D. Glover C. 24 ADOPT Resolution No. 2018/589 recognizing Bernard Bradley "Brad" Barber for his service on the Moraga Orinda Fire Department Board of Directors, as recommended by Supervisor Andersen.        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane 12-4-18 BOS Minutes 6   AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 25 ADOPT Resolution No. 2018/590 recognizing Stephen Anderson for his service on the Moraga Orinda Fire Department 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, District V Supervisor Federal D. Glover C. 26 ADOPT Resolution No. 2018/591 recognizing Dominique Yancey for being selected as the 2018 San Ramon Citizen of the Year, as recommended by Supervisor Andersen.        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 27 ADOPT Resolution No. 2018/605 recognizing Dave Trotter for his 25 years of service on the Moraga Town Council, as recommended by Supervisor Andersen.        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 28 ADOPT Resolution No. 2018/606 recognizing Dean Orr for his dedicated service on the Orinda City Council, as recommended by Supervisor Andersen.        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 29 ADOPT Resolution 2018/607 recognizing Eve Phillips for her dedicated service on the Orinda City Council, as recommended by Supervisor Andersen.        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 30 ADOPT Resolution No. 2018/608 recognizing Rich Carlston for his dedicated service on the Walnut Creek City Council, as recommended by Supervisor Andersen.        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Ordinances   C. 31 INTRODUCE Ordinance No. 2018-30 amending the County Ordinance Code Chapter 26-6 to dissolve the Delinquency Prevention Commission and make technical changes to Chapter 26-6, WAIVE READING and FIX December 18, 2018, for adoption; ADOPT Resolution No. 2018/597 increasing the size of the Juvenile Justice Coordinating Council to 19 members and designating the Juvenile Justice Coordinating Council to coordinate county-wide juvenile delinquency prevention activities, 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, District V Supervisor Federal D. Glover Appointments & Resignations   C. 32 APPOINT Katherine Gillen to the Youth Representative seat of the Alamo Municipal Advisory Council, as recommended by Supervisor Andersen.        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover 12-4-18 BOS Minutes 7 C. 33 APPOINT Mark Forrette to the District II seat of the Emergency Medical Care Committee, as recommended by Supervisor Andersen.        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 34 APPOINT Jack Clapp to the C5 Public Provider Field Paramedic Representative seat and David Lilienstein to the C6 Emergency Department Physicians Representative seat on the Emergency Medical Care Committee, as recommended by the Health Services Director.        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 35 APPOINT members to the Community Corrections Partnership and the Community Corrections Partnership - Executive Committee, as recommended by the Public Protection Committee. (No fiscal impact)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Appropriation Adjustments   C. 36 Sheriff's Office (0255): APPROVE Appropriation and Revenue Adjustment No. 5030 authorizing new revenue in the amount of $353,000 for the Sheriff's Forensic Services Unit to purchase a Liquid Chromatography with tandem Mass Spectrometry and Nitrogen Generator 2 Gas Chromatograph Mass Spectrometry Instruments. (100% Federal)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 37 Contingency Reserve (0990): APPROVE Appropriation Adjustment No. 5032 transferring $2,000,000 in appropriations to the Airport (0843), Animal Services (0366), Department of Information Technology (0147), District Attorney (0242), Employment and Human Services (0501, 0588), Health Services (0853), Library (0620), Probation (0308), Public Defender (0243), Conservation and Development (0280), and Public Works (0650) for fiscal year 2018-19 Venture Capital Projects.(100% General Fund)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 38 Prevention and Early Intervention (PEI) First Hope (5727)/Fleet ISF (0064): APPROVE Appropriation and Revenue Adjustment No. the 5036 authorizing the transfer of appropriations in the amount of $10,619 from Behavioral Health Services Division – PEI First Hope (5727) to General Services - ISF Fleet Services (0064) towards the purchase of (7) vehicles for transportation of First Hope clients. (100% Mental Health Services Act funding)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Personnel Actions   C. 39 ADOPT Position Adjustment Resolution No. 22382 to reassign one Mental Health Clinical Specialist position (represented) from Department # 0540 (Hospital Enterprise) to Department #0450 (Public Health) in Health Services Department. (100% Whole Person Care Grant)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 40 ADOPT Position Adjustment Resolution No. 22384 to reassign one Clerk-Senior level position (represented)   12-4-18 BOS Minutes 8 C. 40 ADOPT Position Adjustment Resolution No. 22384 to reassign one Clerk-Senior level position (represented) from Teen Pregnancy Prevention Program to School Based Clinics Program in the Health Services Department. (100% Federal Qualified Health Centers)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 41 ADOPT Position Adjustment Resolution No. 22385 to reassign one Senior Health Education Specialist position (represented) from Public Health Clinics to Hospital in Health Services Department. (100% Health Resources and Services Administrators)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Grants & Contracts   APPROVE and AUTHORIZE execution of agreements between the County and the following agencies for receipt of fund and/or services:   C. 42 APPROVE and AUTHORIZE the County Librarian, or designee, to apply for and accept a grant in the amount of $5,000 from East Bay Community Foundation, administered by the Rodeo Municipal Advisory Council, to provide additional Rodeo Library services for the period January 1 through June 30, 2019, pursuant to the local refinery Good Neighbor Agreement. (No County match)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 43 APPROVE and AUTHORIZE the Public Defender, or designee, to apply for and accept funding from The San Francisco Foundation in the amount of $50,000, to support Contra Costa's Clean Slate Program to provide outreach and services for reentry clients in Contra Costa County for 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, District V Supervisor Federal D. Glover C. 44 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract amendment effective November 1, 2018 with the California Department of Public Health, to increase the amount payable to the County by $43,252 to a amount payable of $150,095 to provide additional sexually transmitted disease prevention services, with no change to the original term ending June 30, 2019. (No County match)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 45 ADOPT Resolution No. 2018/575 to approve and authorize the Employment and Human Serves Director, or designee, to execute a contract with the California Department of Aging in an amount not to exceed $88,834 for Medicare Improvements for Patients and Providers Act services for the period October 1, 2018 through September 29, 2020. (100% Federal, No County match)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 46 APPROVE and AUTHORIZE the County Administrator, or designee, to apply for and accept grant funding from the California Arts Council, a State agency, in an amount not to exceed $5,000 to enable the County to provide the Poetry Out Loud Program for the period October 1, 2018 through May 31, 2019. (No County match)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 47 ADOPT Resolution 2018/587 authorizing the Sheriff-Coroner, or designee, to apply for and accept the 2018    12-4-18 BOS Minutes 9 C. 47 ADOPT Resolution 2018/587 authorizing the Sheriff-Coroner, or designee, to apply for and accept the 2018 Paul Coverdell Forensic Services Improvement Grant, with the Governor's Office of Emergency Services, as fiscal agent, in an initial amount of $76,057 for support of forensic training for the period beginning January 1, 2019 through the end of the grant period. (100% Federal, No County Match)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 48 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract containing mutual indemnification language with Bay Area Rapid Transit Police Department, to pay the County an amount not to exceed $160,570 for County’s Coordinated Outreach Referral and Engagement Program to provide homeless outreach services within the BART system for the period December 1, 2018 through November 30, 2019. ($56,033 County match)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover APPROVE and AUTHORIZE execution of agreement between the County and the following parties as noted for the purchase of equipment and/or services:   C. 49 ALLOCATE $20,000 from the Livable Communities Trust (District II portion) to the Public Works Department and DIRECT the Public Works Director to execute a Memorandum of Understanding with the City of San Ramon to participate in the San Ramon Valley Street Smarts Program for the period July 1, 2018 through June 30, 2019, as recommended by Supervisor Andersen. (100% Livable Communities Trust Fund)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 50 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Sodexo America, LLC, in an amount not to exceed $400,000 to provide management and oversight of the Food and Nutrition Services Unit at Contra Costa Regional Medical Center and Health Centers for the period November 1, 2018 through October 31, 2019. (100% Hospital Enterprise Fund I)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 51 APPROVE and AUTHORIZE the District Attorney, or designee, to execute a contract with Net Transcripts in an amount not to exceed $185,000 to provide translation and transcription services for the period September 1, 2018 through June 30, 2020. (36% General Fund, 64% State Asset Forfeiture)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 52 APPROVE and AUTHORIZE the Employment and Human Services Director, or designee, to execute a contract with the Crowne Plaza Hotel Concord in an amount not to exceed $7,000 including modified indemnification language requiring County assumption of liability for injuries and damages caused by attendees, for the Heritage Project, Options for Recovery Program Caregivers Retreat and Training event scheduled for February 28, 2019. (75% Federal, 17.5% State, 12.5% County)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 53 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Leroy Evan Custer, M.D., in an amount not to exceed $558,000 to provide radiology services at Contra Costa Regional Medical Center and Health Centers for the period December 1, 2018 through November 30, 2021. (100% Hospital Enterprise Fund I)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane 12-4-18 BOS Minutes 10   AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 54 APPROVE and AUTHORIZE the Purchasing Agent or designee to execute, on behalf of the Sheriff-Coroner, a purchase order with Buchanan Food Service in the amount of $225,000 to provide bakery items as needed for the West County, Martinez and Marsh Creek detention facilities for the period December 1, 2018 through November 30, 2019. (100% General Fund)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 55 APPROVE and AUTHORIZE the Purchasing Agent to execute, on behalf of the Sheriff-Coroner, a purchase order with Producers Dairy Products, Inc., in an amount not to exceed $320,000 to procure dairy products as needed for the West County, Martinez and Marsh Creek detention facilities for the period December 1, 2018 through November 30, 2019. (100% General Fund)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 56 APPROVE and AUTHORIZE the Purchasing Agent to execute, on behalf of the Sheriff-Coroner, a purchase order with Allen Packaging Company, in the amount of $180,000, to provide three-compartment trays for Seal-a-Meal food to be used at the West County, Martinez, and Marsh Creek Detention Facilities for the period January 1, 2019 through December 31, 2019. (100% General Fund)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 57 APPROVE and AUTHORIZE the Purchasing Agent to execute, on behalf of the Sheriff-Coroner, a purchase order with National Food Group, Inc., in an amount to not exceed $430,000, to provide frozen/dry food and related items as needed for the West County, Martinez and Marsh Creek detention facilities for the period January 1, 2019 through December 31, 2019. (100% General Fund)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 58 APPROVE and AUTHORIZE the Employment and Human Services Director, or designee, on behalf of the Family and Children's Trust Committee to issue Request for Proposals #1165 in an amount not to exceed $700,000 to provide prevention and intervention services to abused and neglected children, children at risk of abuse or neglect, and their families for the period July 1, 2019 through June 30, 2020. (50% State, 30% County, 20% Donations)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 59 APPROVE and AUTHORIZE the Employment and Human Services Director, or designee, to execute a contract amendment with Aspiranet, a nonprofit corporation effective December 1, 2018, to increase the payment limit by $72,000 to a new payment limit of $684,000 to provide coordination services of Home-based Early Head Start programs throughout the County, with no change to the original term ending June 30, 2019. (100% Federal)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 60 APPROVE and AUTHORIZE the County Probation Officer, or designee, to execute a contract containing mutual indemnification with the University of California, San Francisco to provide administrative data for research as part of the Domestic Violence Homicide Prevention Demonstration Initiative for the period of November 1, 2018 through October 31, 2020. (No fiscal impact)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover 12-4-18 BOS Minutes 11 C. 61 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract amendment with Mona Monelli, MFT, effective November 1, 2018, to increase the payment limit by $35,000 to a new payment limit of $105,000 to provide additional specialty mental health services with no change to the original term ending June 30, 2019. (50% Federal Medi-Cal, 50% Mental Health Realignment)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 62 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Perseus Corporation in an amount not to exceed $150,260 to provide consultation and technical assistance to the Health Services Department on third party cost reports for the period November 1, 2018 through October 31, 2019. (100% Hospital Enterprise Fund I)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 63 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Vickie Lee Scharr in an amount not to exceed $150,000 to provide consultation, technical support and planning services with regard to transitioning the West Contra Costa Health Care District to County, for the period January 1, 2019 through December 31, 2020. (100% Hospital Enterprise Fund I)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 64 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Eighty 20 Healthcare Consulting, LLC, in an amount not to exceed $150,000 to provide consultation, technical support and planning services for transitioning the West Contra Costa Health Care District to County, for the period January 1, 2019 through December 31, 2020. (100% Hospital Enterprise Fund I)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 65 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Optimum Financial Consultants, Inc., in an amount not to exceed $150,000 to provide consultation, technical support and planning services with regard to transitioning the West Contra Costa Health Care District to County, for the period January 1, 2019 through December 31, 2020. (100% Hospital Enterprise Fund I)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 66 APPROVE and AUTHORIZE the Auditor-Controller, or designee, to reallocate State Local Revenue 2011 funds as described above, in an amount not to exceed $2,000,000, for the renewal period July 1, 2018 through June 30, 2019 and make related findings, as required by California Government Code Section 30025(f)(4)(A-E). (100% 2011 State Realignment)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 67 APPROVE and AUTHORIZE the Purchasing Agent, on behalf of the Public Works Director, to execute a purchase order amendment with Southern Counties Fuel to increase the payment limit by $300,000 to a new payment limit of $1,200,000 for the purchase of unleaded and diesel fuel, with no change to the original term February 1, 2018 through January 31, 2019 Countywide. (100% Fleet Internal Service Fund)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 68 APPROVE and AUTHORIZE the Public Works Director, or designee, to execute a purchase order amendment with Enterprise Rent-A-Car to increase the payment limit from $190,000 to a new payment limit of $400,000 for car and light truck rentals, with no change to the original term November 1, 2017 through October 31, 2019, Countywide. (100% Fleet Internal Service Fund)    12-4-18 BOS Minutes 12     AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 69 APPROVE and AUTHORIZE the Public Works Director, or designee, to approve a purchase order with EAN Services in an amount not to exceed $150,000 for car and light truck rentals, for the period of September 1, 2018 through August 31, 2019, Countywide. (100% Fleet Services Internal Service Fund)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 70 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract amendment effective December 1, 2018 with California Predictive Imaging, LLC, to increase the payment limit by $500,000 to a new payment limit of $3,000,000 for additional diagnostic imaging services for Contra Costa Health Plan members, with no change to the original term ending October 31, 2019. (100% Contra Costa Health Plan Enterprise II Fund)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 71 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Steven A. Harrison, M.D., A Professional Corporation, in an amount not to exceed $750,000 to provide ophthalmology services to Contra Costa Health Plan members and county recipients for the period December 1, 2018 through November 30, 2020. (100% Contra Costa Enterprise Fund II)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 72 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Sharon B. Drager, M.D., Professional Corporation, in an amount not to exceed $150,000 to provide vascular surgery services to Contra Costa Health Plan members and county recipients for the period December 1, 2018 through November 30, 2020. (100% Contra Costa Enterprise Fund II)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 73 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Diablo Dialysis Access Center, A California Professional Medical Corporation, in an amount not to exceed $750,000 to provide dialysis access services to Contra Costa Health Plan members and County recipients for the period December 1, 2018 through November 30, 2020. (100% Contra Costa Enterprise Fund II)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 74 ADOPT Resolution No. 2018/579 authorizing PACE Funding Group, LLC, to operate a Property Assessed Clean Energy (PACE) financing program in the unincorporated area of the County and AUTHORIZE the Conservation and Development Director, or designee, to execute an Operating Agreement with the California Statewide Communities Development Authority and an Indemnification and Insurance Agreement with PACE Funding Group, LLC. (No fiscal impact)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 75 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Bay Area Ophthalmic Medical Corporation (dba Turner Eye Institute), a corporation, in an amount not to exceed $200,000 to provide ophthalmology services to Contra Costa Health Plan members and County recipients for the period December 1, 2018 through November 30, 2020. (100% Contra Costa Enterprise Fund II)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane 12-4-18 BOS Minutes 13   AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 76 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Abbas Mahdavi, M.D., A Professional Corporation, in an amount not to exceed $1,000,000 to provide pediatric primary care services to Contra Costa Health Plan members and County recipients for the period December 1, 2018 through November 30, 2020. (100% Contra Costa Enterprise Fund II)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 77 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Gretchen D. Graves, M.D., in an amount not to exceed $500,000 to provide pediatric primary care services to Contra Costa Health Plan members and county recipients for the period December 1, 2018 through November 30, 2020. (100% Contra Costa Enterprise Fund II)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 78 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Juan R. Sequeira, M.D., in an amount not to exceed $500,000 to provide primary care services to Contra Costa Health Plan members and county recipients for the period December 1, 2018 through November 30, 2020. (100% Contra Costa Enterprise Fund II)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 79 APPROVE and AUTHORIZE the Purchasing Agent or designee to execute, on behalf of the Chief Information Officer-Department of Information Technology, a purchase order with Integrated Archive Systems in an amount not to exceed $116,398 for the renewal of Cisco Smartnet hardware and software maintenance of Cisco switches and network infrastructure hardware, for the period December 1, 2018 through November 30, 2019. (100% User fees)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 80 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Jack E. Dudler, M.D., in an amount not to exceed $150,000 to provide primary care services to Contra Costa Health Plan members and county recipients for the period December 1, 2018 through November 30, 2020. (100% Contra Costa Enterprise Fund II)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 81 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Alexander Gorodetsky, M.D., in an amount not to exceed $139,776 to provide outpatient psychiatric care services to adults at the West County Adult Mental Health Clinic 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, District V Supervisor Federal D. Glover C. 82 APPROVE and AUTHORIZE the District Attorney, or designee, to execute a contract with CoreLogic Solutions, LLC, including modified indemnification language, in an amount not to exceed $10,800 annually, for real property records software and services for the period December 4, 2018 through December 4, 2021. (100% Real Estate Fraud Prosecution Trust Funds)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover 12-4-18 BOS Minutes 14 C. 83 APPROVE and AUTHORIZE the County Administrator, or designee, to execute a contract amendment with CivicPlus to extend the termination date from March 31, 2019 to June 30, 2019 with no change in the payment limit for website enhancement services relating the County website redesign. (100% General Fund)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 84 APPROVE and AUTHORIZE the Purchasing Agent to execute, on behalf of the Health Services Director, a purchase order with Aesculap Implant Systems, LLC, in an amount not to exceed $250,000 for the purchase of surgical and medical instruments, tags, cards, neurological implants, disposables and other medical products for the Contra Costa Regional Medical Center for the period February 1, 2019 through December 31, 2022. (100% Hospital Enterprise Fund I)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 85 APPROVE and AUTHORIZE the Purchasing Agent to execute, on behalf of the Health Services Director, a purchase order amendment with R-Computer, Inc., to increase the payment limit by $100,000 to a new payment limit of $200,000 for computer hardware including laptops, desktop computers, and ancillary equipment for the Whole Person Care Pilot Program with no change to the original term ending January 18, 2020. (100% Whole Person Care Pilot Program Grant)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 86 APPROVE and AUTHORIZE the County Administrator, or designee, to execute a contract amendment effective July 1, 2018 with Edgar G. Ibarra, dba Fast Eddie's Auto Service, to increase the payment limit by $37,500 to a new payment limit of $112,500 and extend the term through June 30, 2019 to provide auto service technician training and correspondence course for the AB 109 Innovation Program. (100% Realignment Local Innovation Fund)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 87 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Accounting Principals, Inc., in an amount not to exceed $150,000 to provide temporary staffing for specialized accounting and support services in the Health Services Department as needed for the period December 1, 2018 through November 30, 2020. (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, District V Supervisor Federal D. Glover C. 88 APPROVE and AUTHORIZE the Sheriff-Coroner, or designee to execute a contract with Ricoh, USA, Inc., in an amount not to exceed $175,000 for scanning and indexing services for the term January 1, 2019 through December 31, 2021. (100% General Fund)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 89 APPROVE and AUTHORIZE the Purchasing Agent to execute, on behalf of the Health Services Director, a Purchase Order with Sam Clar Office Furniture, Inc., in an amount not to exceed $161,598 for furniture for the Pharmacy at the Contra Costa Regional Medical Center. (100% Hospital Enterprise Fund I)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 90 APPROVE and AUTHORIZE the Purchasing Agent to execute, on behalf of the Health Services Director, a purchase order amendment with Covidien Holding, Inc., to increase the payment limit by $750,000 to a new payment limit of $2,250,000 for instruments and supplies for the Operating Rooms at the Contra Costa Regional Medical Center, with no change to the original term ending January 31, 2020. (100% Hospital Enterprise Fund I)      12-4-18 BOS Minutes 15   AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 91 APPROVE and AUTHORIZE the Director of Risk Management, or designee, to execute a contract with Tuell & Associates in an amount not to exceed $500,000 to provide workers' compensation staffing services for the period of November 1, 2018 through November 1, 2019. (100% Workers' Compensation Internal Service Fund)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 92 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract amendment effective October 1, 2018 with Bright Path Therapists, a corporation, to increase the payment limit by $150,000 to a new payment limit of $250,000 to provide medically necessary occupational therapy and physical therapy services to children eligible for the California Children's Services Medical Therapy Program, with no change in the original term ending June 30, 2019. (50% State California Children’s Services and 50% County General Fund)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 93 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Robert Half International, Inc., in an amount not to exceed $150,000 to provide temporary staffing for specialized accounting and support services in the Health Services Department as needed for the period December 1, 2018 through November 30, 2020. (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, District V Supervisor Federal D. Glover C. 94 APPROVE and AUTHORIZE the County Administrator, or designee, to execute a contract amendment with Alcalde & Fay, effective December 4, 2018, to extend the term from December 31, 2018 through June 30, 2019 and increase the payment limit by $54,250 to a new payment limit of $688,142 for continued federal advocacy services, subject to approval as to form by County Counsel. (100% General Fund)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 95 APPROVE and AUTHORIZE the County Administrator, or designee to execute a contract amendment with Nielsen Merksamer Parrinello Gross & Leoni LLP, to extend the term from December 31, 2018 through June 30, 2019, and increase the payment limit by $90,000 to a new payment limit of $1,170,000 for continued state advocacy services. (100% General Fund)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 96 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Oceanside Laundry, LLC, a limited liability company, in an amount not to exceed $3,467,750 to provide linen rental and laundering services for the Contra Costa Regional Medical and Health Centers for the period July 1, 2018 through June 30, 2021. (100% Hospital Enterprise Fund I)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other Actions   C. 97 CONTINUE the emergency action originally taken by the Board of Supervisors on November 16, 1999, and most recently approved by the Board on November 6, 2018, regarding the issue of homelessness in Contra Costa County, as recommended by the Health Services Director. (No fiscal impact)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover 12-4-18 BOS Minutes 16 C. 98 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract containing mutual indemnification language with the Town of Danville to provide congregate meal services for County's Senior Nutrition Program for the period January 1 through June 30, 2019. (No County match)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 99 APPROVE and AUTHORIZE the Purchasing Agent or designee to execute, on behalf of the Sheriff-Coroner, a purchase order with Dell, Inc. in an amount to not exceed $124,000, to provide replacement and expansion of computer hardware equipment and software licenses for the Automated Regional Information Exchange System. (100% Federal)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C.100 APPROVE the substantial amendment to the County's FY 2017/18 Community Development Block Grant Program Action Plan, amending the scope of work for the improvements to the Oakley Senior Center located at 215 2nd Street Oakley, with no change to the funding allocation, as recommended by the Conservation and Development Director. (100% Federal funds)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C.101 ACCEPT report from the Employment and Human Services Department on aging and adult services, including the progress made to address the issue of elder abuse in Contra Costa County, as recommended by the Family and Human Services Committee.        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C.102 ACCEPT report from the Employment and Human Services Department on the oversight and activities of the Community Services Bureau, as recommended by the Family and Human Services Committee.        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C.103 ACCEPT report from the Employment and Human Services Director on the Department's use of technology to support client services and staff efficiencies, as recommended by the Family and Human Services Committee.        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C.104 APPROVE clarification of Board Action of October 9, 2018 (Item C.33), which authorized the Health Services Director to execute a contract with the U.S. Department of Housing and Urban Development to provide the County’s Homeless Destination Home Program, to reflect an amount payable to the County of $385,900 instead of $317,135, with no change in the term of December 1, 2018 through November 30, 2019. (25% County General Fund match)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C.105 DECLARE as surplus and AUTHORIZE the Purchasing Agent to dispose of fully depreciated vehicles and equipment no longer needed for public use, as recommended by the Public Works Director, Countywide. (No fiscal impact)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C.106 APPROVE and AUTHORIZE the Conservation and Development Department to initiate a General Plan    12-4-18 BOS Minutes 17 C.106 APPROVE and AUTHORIZE the Conservation and Development Department to initiate a General Plan Amendment process to consider changing the General Plan land use designation from "Commercial" to "Multiple-Family Residential-Very High Special" for a 0.98 acre parcel owned by the Housing Successor and located at the North west corner of Willow Avenue and I-80 west bound on-ramp in the Rodeo area. (100% Housing Successor funds)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C.107 RECEIVE the Housing Successor Annual Report for Fiscal Years 2013-14 through 2016-17 and DIRECT staff to file the report with the Department of Housing and Community Development and post the report on the County website, as recommended by the Conservation and Development Director. (No fiscal impact)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C.108 APPROVE clarification of Board of Supervisors action of November 13, 2018, Item number (C.38) to reflect the correct date of the foster parent caregiver recognition event from May 20, 2019 to May 16, 2019.        AYE: District I 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.109 APPROVE AND AUTHORIZE the Auditor-Controller, or his designee, to pay Garland/DBS, Inc. the amount of $859,749 for the roofing maintenance services provided to the Public Works Department during the period July 1, 2018 through October 31, 2018, as recommended by the Public Works Director, Countywide. (100% General Funds)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C.110 APPROVE the list of providers recommended by Contra Costa Health Plan's Peer Review and Credentialing Committee on November 6, 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, District V Supervisor Federal D. Glover C.111 COMMIT to the temporary preservation of the historic original 1903 portion of the Downtown Martinez Jail through April 30, 2021, as recommended by the County Administrator. (No fiscal impact)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C.112 Acting as the governing body for the Housing Authority of the County of Contra Costa, ADOPT Resolution No. 5216 approving and authorizing the Executive Director to execute the Memorandum of Understanding with Public Employees Union, Local #1/AFSCME establishing the salary levels to be effective the full pay period upon Board approval and other employment terms for Housing Authority Clerical and Maintenance employees represented by Local #1/AFSCME for the period July 1, 2018 through June 30, 2021; and ADOPT Resolution No. 5217 establishing comparable salary modifications for the unrepresented employees of the Housing Authority of the County of Contra Costa to be effective the full pay period of Board approval. (100% U.S. Department of Housing and Urban Development)        AYE: District I 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.113 APPROVE and AUTHORIZE the County Librarian, or designee, to close all branches of the County Library in accordance with a 2019 holiday and training schedule. (No fiscal impact)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane 12-4-18 BOS Minutes 18   AYE: District I 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.114 ACKNOWLEDGE that the Board of Supervisors will become the Board of Directors of the WCCHD Financing Corporation and the WCCHD Financing Corporation II, both nonprofit public benefit corporations, effective January 1, 2019 and DIRECT the County Administrator, or designee, to file a Statement of Information (Form SI-100) with the California Secretary of State reporting the change in governance of each corporation and AUTHORIZE payment of filing fees. (No fiscal impact)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C.115 ADOPT Resolution No. 2018/604 authorizing the issuance and sale of "San Ramon Valley Unified School District General Obligation Bonds, Election of 2012, Series C" in an amount not to exceed $60,005,000 by the San Ramon Valley Unified School District on its own behalf pursuant to Sections 15140 and 15146 of the Education Code, as permitted by Section 53508.7(c) of the Government Code, as recommended by the County Administrator. (No County fiscal impact)        AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover   GENERAL INFORMATION The Board meets in all its capacities pursuant to Ordinance Code Section 24-2.402, including as the Housing Authority and the Successor Agency to the Redevelopment Agency. Persons who wish to address the Board should complete the form provided for that purpose and furnish a copy of any written statement to the Clerk. Any disclosable public records related to an open session item on a regular meeting agenda and distributed by the Clerk of the Board to a majority of the members of the Board of Supervisors less than 72 hours prior to that meeting are available for public inspection at 651 Pine Street, First Floor, Room 106, Martinez, CA 94553, during normal business hours. All matters listed under CONSENT ITEMS are considered by the Board to be routine and will be enacted by one motion. There will be no separate discussion of these items unless requested by a member of the Board or a member of the public prior to the time the Board votes on the motion to adopt. Persons who wish to speak on matters set for PUBLIC HEARINGS will be heard when the Chair calls for comments from those persons who are in support thereof or in opposition thereto. After persons have spoken, the hearing is closed and the matter is subject to discussion and action by the Board. Comments on matters listed on the agenda or otherwise within the purview of the Board of Supervisors can be submitted to the office of the Clerk of the Board via mail: Board of Supervisors, 651 Pine Street Room 106, Martinez, CA 94553; by fax: 925-335-1913. The County will provide reasonable accommodations for persons with disabilities planning to attend Board meetings who contact the Clerk of the Board at least 24 hours before the meeting, at (925) 335-1900; TDD (925) 335-1915. An assistive listening device is available from the Clerk, Room 106. Copies of recordings of all or portions of a Board meeting may be purchased from the Clerk of the Board. Please telephone the Office of the Clerk of the Board, (925) 335-1900, to make the necessary arrangements. Forms are available to anyone desiring to submit an inspirational thought nomination for inclusion on the Board Agenda. Forms may be obtained at the Office of the County Administrator or Office of the Clerk of the Board, 651 Pine Street, Martinez, California. Applications for personal subscriptions to the weekly Board Agenda may be obtained by calling the Office of the Clerk of the Board, (925) 335-1900. The weekly agenda may also be viewed on the County’s Internet Web Page: www.co.contra-costa.ca.us 12-4-18 BOS Minutes 19 STANDING COMMITTEES The Airport Committee (Supervisors Diane Burgis and Karen Mitchoff) meets on the second Wednesday of the month at 11:00 a.m. at Director of Airports Office, 550 Sally Ride Drive, Concord. The Family and Human Services Committee (Supervisors Candace Andersen and John Gioia) meets on the fourth Monday of the month at 10:30 a.m. in Room 101, County Administration Building, 651 Pine Street, Martinez. The Finance Committee (Supervisors Karen Mitchoff and John Gioia) meets on the fourth Monday of the month at 9:00 a.m. in Room 101, County Administration Building, 651 Pine Street, Martinez. The Hiring Outreach Oversight Committee (Supervisors Candace Andersen and Federal D. Glover) meets on the first Monday of every other month at 1:00 p.m. in Room 101, County Administration Building, 651 Pine Street, Martinez. The Internal Operations Committee (Supervisors Diane Burgis and Candace Andersen) meets on the second Monday of the month at 1:00 p.m. in Room 101, County Administration Building, 651 Pine Street, Martinez. The Legislation Committee (Supervisors Karen Mitchoff and Diane Burgis) meets on the second Monday of the month at 10:30 a.m. in Room 101, County Administration Building, 651 Pine Street, Martinez. The Public Protection Committee (Supervisors John Gioia and Federal D. Glover) meets on the first Monday of the month at 10:30 a.m. in Room 101, County Administration Building, 651 Pine Street, Martinez. The Transportation, Water & Infrastructure Committee (Supervisors Karen Mitchoff and Candace Andersen) meets on the second Monday of the month at 9:00 a.m. in Room 101, County Administration Building, 651 Pine Street, Martinez. Airports Committee February 13, 2019 11:00 a.m.See above Family & Human Services Committee TBD TBD See above Finance Committee TBD TBD See above Hiring Outreach Oversight Committee TBD TBD See above Internal Operations Committee December 10, 2018 1:00 p.m. See above Legislation Committee December 10, 2018 NOTE Time Change 11:30 a.m.See above Public Protection Committee TBD TBD See above 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 12-4-18 BOS Minutes 20 ACA Assembly Constitutional Amendment ADA Americans with Disabilities Act of 1990 AFSCME American Federation of State County and Municipal Employees AICP American Institute of Certified Planners AIDS Acquired Immunodeficiency Syndrome ALUC Airport Land Use Commission AOD Alcohol and Other Drugs ARRA American Recovery & Reinvestment Act of 2009 BAAQMD Bay Area Air Quality Management District BART Bay Area Rapid Transit District BayRICS Bay Area Regional Interoperable Communications System BCDC Bay Conservation & Development Commission BGO Better Government Ordinance BOS Board of Supervisors CALTRANS California Department of Transportation CalWIN California Works Information Network CalWORKS California Work Opportunity and Responsibility to Kids CAER Community Awareness Emergency Response CAO County Administrative Officer or Office CCCPFD (ConFire) Contra Costa County Fire Protection District CCHP Contra Costa Health Plan CCTA Contra Costa Transportation Authority CCRMC Contra Costa Regional Medical Center CCWD Contra Costa Water District CDBG Community Development Block Grant CFDA Catalog of Federal Domestic Assistance CEQA California Environmental Quality Act CIO Chief Information Officer COLA Cost of living adjustment ConFire (CCCFPD) Contra Costa County Fire Protection District CPA Certified Public Accountant CPI Consumer Price Index CSA County Service Area CSAC California State Association of Counties CTC California Transportation Commission dba doing business as DSRIP Delivery System Reform Incentive Program EBMUD East Bay Municipal Utility District ECCFPD East Contra Costa Fire Protection District EIR Environmental Impact Report EIS Environmental Impact Statement EMCC Emergency Medical Care Committee EMS Emergency Medical Services EPSDT Early State Periodic Screening, Diagnosis and Treatment Program (Mental Health) et al. et alii (and others) FAA Federal Aviation Administration FEMA Federal Emergency Management Agency F&HS Family and Human Services Committee First 5 First Five Children and Families Commission (Proposition 10) FTE Full Time Equivalent FY Fiscal Year GHAD Geologic Hazard Abatement District GIS Geographic Information System HCD (State Dept of) Housing & Community Development HHS (State Dept of ) Health and Human Services HIPAA Health Insurance Portability and Accountability Act HIV Human Immunodeficiency Syndrome HOV High Occupancy Vehicle HR Human Resources HUD United States Department of Housing and Urban Development 12-4-18 BOS Minutes 21 IHSS In-Home Supportive Services Inc. Incorporated IOC Internal Operations Committee ISO Industrial Safety Ordinance JPA Joint (exercise of) Powers Authority or Agreement Lamorinda Lafayette-Moraga-Orinda Area LAFCo Local Agency Formation Commission LLC Limited Liability Company LLP Limited Liability Partnership Local 1 Public Employees Union Local 1 LVN Licensed Vocational Nurse MAC Municipal Advisory Council MBE Minority Business Enterprise M.D. Medical Doctor M.F.T. Marriage and Family Therapist MIS Management Information System MOE Maintenance of Effort MOU Memorandum of Understanding MTC Metropolitan Transportation Commission NACo National Association of Counties NEPA National Environmental Policy Act OB-GYN Obstetrics and Gynecology O.D. Doctor of Optometry OES-EOC Office of Emergency Services-Emergency Operations Center OPEB Other Post Employment Benefits OSHA Occupational Safety and Health Administration PARS Public Agencies Retirement Services PEPRA Public Employees Pension Reform Act Psy.D. Doctor of Psychology RDA Redevelopment Agency RFI Request For Information RFP Request For Proposal RFQ Request For Qualifications RN Registered Nurse SB Senate Bill SBE Small Business Enterprise SEIU Service Employees International Union SUASI Super Urban Area Security Initiative SWAT Southwest Area Transportation Committee TRANSPAC Transportation Partnership & Cooperation (Central) TRANSPLAN Transportation Planning Committee (East County) TRE or TTE Trustee TWIC Transportation, Water and Infrastructure Committee UASI Urban Area Security Initiative VA Department of Veterans Affairs vs. versus (against) WAN Wide Area Network WBE Women Business Enterprise WCCTAC West Contra Costa Transportation Advisory Committee 12-4-18 BOS Minutes 22 RECOMMENDATION(S): CONCUR with Committee direction to include certain provisions in an ordinance to ban polystyrene food and beverage containers. DIRECT staff to prepare an ordinance for subsequent Committee review and Board approval. DIRECT staff to report to the Committee one year after approval on how the ordinance is meeting the County’s goals. FISCAL IMPACT: The cost to develop a polystyrene ban is estimated to be $75,000. The annual cost to enforce APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/04/2018 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS Contact: Tim Jensen 925-313-2390 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 4, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: , Deputy cc: D. 3 To:Board of Supervisors From:Transportation Water and Infrastructure Committee Date:December 4, 2018 Contra Costa County Subject:Approve the Transportation, Water and Infrastructure Committee recommendations on the polystyrene ban provisions 12-4-18 BOS Minutes 23 FISCAL IMPACT: (CONT'D) a polystyrene ban is estimated to be $25,000 for Option One, the option selected by the Committee. These costs will be paid with Stormwater Utility Assessment funds. If the Board selects Option Two, the cost will be more than Option One to administer and enforce the ordinance; how much more is hard to determine given the variety of possible permutations of Option Two and the additional research required depending on the permutation. The Sheriff’s Office has estimated it will cost an additional $94,000 each year to switch from polystyrene food and beverage containers to an alternative material. This will be a direct increase to their operating budget. There will likely be an operational cost increase for the hospital and clinics as well. BACKGROUND: On November 8, 2018, the Committee considered the attached staff report on a proposed ban of polystyrene food and beverage containers, and the policy implications and objectives of such a ban. The staff report offered two options to consider, one a staff recommendation consistent with the majority of surrounding cities that have a polystyrene ban, and a second option that included additional polystyrene items to ban. Staff recommended Option One would ban the use of polystyrene food and beverage containers and apply to any business that sells, or prepares and sells, food or beverages to the public. Those impacted would include restaurants, stores, convenience markets, and other similar businesses. Option One is consistent with most of the 10 cities in the County that currently have a polystyrene ban. A few cities ban more than just the use of food and beverage containers. Richmond and San Pablo, for example, have ordinances with the most provisions, expanding the ban to include the sale of polystyrene products, such as ice chests, packaging material, and packing peanuts. The provisions in each city ordinance is shown on Exhibit 1 in the attached staff report, along with both Option One and Option Two. Option One is also consistent with what other counties are doing around the Bay Area, shown on the attached chart, which was not included in the staff report but was reviewed and discussed at the Committee meeting. The attached staff report includes extensive background information, the outreach effort that was involved in requesting comments on the proposed polystyrene ban, the various measures and goals in the County’s Climate Action Plan that would be enhanced with a polystyrene ban, key public comments received, and a detailed description of each policy consideration. One other key comment was received at the Committee meeting, the attached letter from Californians Against Waste, dated November 6, 2018, supporting the ban and recommending the items banned go beyond Option One to Option Two. After a presentation by staff and public testimony, the Committee considered the two options and decided Option One would be the best approach for the County’s polystyrene ban. The Committee felt consistency with other cities within the County and with other counties in the Bay Area was important, providing businesses a level playing field, especially businesses who operate adjacent to other cities. Consistency also provides common rules for those that do business in multiple jurisdictions. The Committee also requested staff include the Public Information Officer when implementing the ordinance and to report back to the Committee one year after approval, and suggested this item be brought up at the Mayors Conference to encourage all remaining cities to adopt a polystyrene ban. The Committee recommends Option One. However, if the Board elects to expand the ban 12-4-18 BOS Minutes 24 beyond Option One, the Board should consider the recommended stipulations presented by staff at the Committee meeting for adding additional banned items or including combustible products: Banned Items. Ban the items outlined in Option One. Option Two: If this option is considered then specify additional items to be banned beyond Option One. Option Two: If this option is considered, staff recommends the ban of additional items (beyond Option One) become effective 12 months after the ordinance is adopted, and enforcement is on a complaint basis. Compostables. Do not include compostable products at this time. Conditional Adoption. If adding compostable products to the ordinance is considered, staff recommends the introduction of compostable products as an acceptable alternative material would occur after certain conditions are met, to be outlined in the board order adopting the ordinance: Compatible with SB 1383 regulations Adequate local compost operator capacity Uniform compostable collection service CONSEQUENCE OF NEGATIVE ACTION: The proposed ban of polystyrene food and beverage containers would not move forward, as staff would have no direction on how to draft an ordinance. CLERK'S ADDENDUM DIRECTED staff to prepare an ordinance for subsequent Committee review and Board approval to ban polystyrene food and beverage containers, applicable to a ny business that sells, or prepares and sells, food or beverages to the public, and prohibit the retail sales of said containers; DIRECTED that when staff return with the draft ordinance, they also provide a report on what relevant measures have been taken on this issue by the Cities and a draft of a letter for distribution to the cities to advise of the proposed county ordinance and offer assistance; and REQUESTED the Office of Communications and Media work with staff to prepare a public service announcement explaining why the measures are needed to protect wildlife and prevent pollution of our waterways. ATTACHMENTS TWIC staff report Ordinance Provisions by County Californians Against Waste Letter 12-4-18 BOS Minutes 25 12-4-18 BOS Minutes 26 12-4-18 BOS Minutes 27 12-4-18 BOS Minutes 28 12-4-18 BOS Minutes 29 12-4-18 BOS Minutes 30 12-4-18 BOS Minutes 31 12-4-18 BOS Minutes 32 12-4-18 BOS Minutes 33 12-4-18 BOS Minutes 34 12-4-18 BOS Minutes 35 12-4-18 BOS Minutes 36 12-4-18 BOS Minutes 37 12-4-18 BOS Minutes 38 12-4-18 BOS Minutes 39 12-4-18 BOS Minutes 40 12-4-18 BOS Minutes 41 12-4-18 BOS Minutes 42 12-4-18 BOS Minutes 43 12-4-18 BOS Minutes 44 12-4-18 BOS Minutes 45 12-4-18 BOS Minutes 46 12-4-18 BOS Minutes 47 12-4-18 BOS Minutes 48 12-4-18 BOS Minutes 49 12-4-18 BOS Minutes 50 RECOMMENDATION(S): OPEN the hearing of the costs of abating a public nuisance on the real property located at 725 Santa Maria Rd., El Sobrante, California, Contra Costa County (APN: 425-013-022) owned by LV Investments, Inc. 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 $12,514.32. 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: 12/04/2018 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: December 4, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stephanie Mello, Deputy cc: D. 4 To:Board of Supervisors From:John Kopchik, Director, Conservation & Development Department Date:December 4, 2018 Contra Costa County Subject:Cost Confirmation Hearing for Real Property Located at: 725 Santa Maria Rd., El Sobrante, CA 94803 12-4-18 BOS Minutes 51 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 to Comply and the Notice to Secure a Vacant Structure was posted on the above-referenced property for a vacant residential property whose premises contained waste, rubbish and debris from the interior structure and waste, rubbish and debris from the exterior of the property and was serviced on the property owner and all person known to be in possession of the property by certified mail on May 10, 2018 The property owner did not file an appeal of the Notice to Comply and the Notice to Secure a Vacant Structure. The County Abatement Officer abated the nuisance on July 10, 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 July 18, 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 Abatement Costs Before and After Photos 12-4-18 BOS Minutes 52 CONTRA COSTA COUNTY DATE: November 2, 2018 TO: Clerk of the Board FROM: Department of Conservation & Development By: Matthew Webster, 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: LV Investment LLC POSSESSOR: N/A MORTGAGE HOLDER: N/A ABATEMENT ORDERED DATE: June 18, 2018 ABATEMENT COMPLETED DATE: July 10, 2018 SITE ADDRESS: 725 Santa Maria Rd., El Sobrante, CA APN#: 425-013-022 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 (4 x $100 @) $ 400.00 PIRT (Title Search) $ 150.00 Certified Letter & Regular Mailings $ 21.57 Photos $ 10.00 Abatement Sign $ 25.00 Contractor hired for abatement $ 11,257.75 Final Site Inspection to Confirm Compliance 200.00 Compliance Report and Board Hearing $ 200.00 Total $ 12,514.32 Abatement costs can be paid at or mailed to Department of Conservation and Development, Building Inspection Division, 30 Muir Rd., Martinez, CA 94553. 12-4-18 BOS Minutes 53 725 Santa Maria Rd. El Sobrante, CA Before Photos 12-4-18 BOS Minutes 54 12-4-18 BOS Minutes 55 12-4-18 BOS Minutes 56 725 Santa Maria Rd. El Sobrante, CA After Photos 12-4-18 BOS Minutes 57 12-4-18 BOS Minutes 58 12-4-18 BOS Minutes 59 RECOMMENDATION(S): OPEN the hearing of the costs of abating a public nuisance on the real property located at 982 Kelvin Rd., El Sobrante, California, Contra Costa County (APN: 426-122-014) owned by Michael Allen Tomita; 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 $2,721.64. 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: 12/04/2018 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: December 4, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stephanie Mello, Deputy cc: D. 5 To:Board of Supervisors From:John Kopchik, Director, Conservation & Development Department Date:December 4, 2018 Contra Costa County Subject:Cost Confirmation Hearing for Real Property Located at: 982 Kelvin Rd., El Sobrante, CA 94803 12-4-18 BOS Minutes 60 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 residential property whose premises contained a hazardous / unsanitary condition on the premises that include but not limited to an accumulation of vegetation and rodent harborages and was serviced on the property owner and all person known to be in possession of the property by certified mail on May 1, 2018. The property owner did not file an appeal of the Notice and Order to Abate. The County Abatement Officer abated the nuisance on June 4, 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 July 11, 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. ATTACHMENTS Before and After Photos Itemized Abatement Costs 12-4-18 BOS Minutes 61 982 Kelvin Rd. El Sobrante, CA Before Photos 12-4-18 BOS Minutes 62 12-4-18 BOS Minutes 63 12-4-18 BOS Minutes 64 982 Kelvin Rd. El Sobrante, CA After Photos 12-4-18 BOS Minutes 65 12-4-18 BOS Minutes 66 12-4-18 BOS Minutes 67 CONTRA COSTA COUNTY DATE: November 2, 2018 TO: Clerk of the Board FROM: Department of Conservation & Development By: Matthew Webster, 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: Michael Allen Tomita POSSESSOR: N/A MORTGAGE HOLDER: N/A ABATEMENT ORDERED DATE: June 4, 2018 ABATEMENT COMPLETED DATE: July 10, 2018 SITE ADDRESS: 982 Kelvin Rd., El Sobrante, CA APN#: 426-122-014 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 (2 x $100 @) $ 200.00 Recording Fee $ 17.00 PIRT (Title Search) $ 150.00 Certified Letter & Regular Mailings $ 43.14 Photos $ 11.50 Contractor hired for abatement $ 1,650.00 Final Site Inspection to Confirm Compliance 200.00 Compliance Report and Board Hearing $ 200.00 Total $ 2,721.64 Abatement costs can be paid at or mailed to Department of Conservation and Development, Building Inspection Division, 30 Muir Rd., Martinez, CA 94553. 12-4-18 BOS Minutes 68 RECOMMENDATION(S): 1. OPEN the public hearing and receive testimony on a proposed General Plan Amendment (GPA) addressing air quality impacts and greenhouse gas emissions related to certain commercial and industrial developments. 2. CLOSE the public hearing. 3. FIND the project to be exempt from the California Environmental Quality Act (CEQA), pursuant to CEQA Guidelines Section 15061(b)(3), as it can be seen with certainty that there is no possibility that adoption of the proposed GPA will have a significant effect on the environment. 4. ADOPT Board Resolution No. 2018/578, amending the Conservation Element of the 2005-2020 Contra Costa County General Plan by adding Policy 8-113. 5. DIRECT the Department of Conservation and Development (DCD) Director or his designee to file a Notice of Exemption with the County Clerk. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/04/2018 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: Will Nelson (925) 674-7791 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 4, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: D. 6 To:Board of Supervisors From:John Kopchik, Director, Conservation & Development Department Date:December 4, 2018 Contra Costa County Subject:General Plan Amendment Related to Air Quality 12-4-18 BOS Minutes 69 FISCAL IMPACT: No impact to the General Fund. The cost of processing this GPA is covered 100% by the Department of Conservation and Development (DCD) Land Development Fund. BACKGROUND: PROJECT DESCRIPTION The project is a County-initiated GPA that would add a policy to the Conservation Element of the 2005-2020 County General Plan addressing air quality impacts and greenhouse gas emissions related to certain types of commercial and industrial development. ENVIRONMENTAL REVIEW GPAs qualify as projects under CEQA and are therefore subject to environmental review. Staff determined that the proposed project would not have a significant environmental impact for the following reasons: a. The proposed GPA would not grant an entitlement or approval for a development project with potential to cause significant environmental impacts; b. The proposed GPA would not increase existing or planned densities, alter existing or planned development patterns, or allow development to occur in areas where it is currently prohibited; and c. The proposed GPA is environmentally beneficial, as its purpose is to improve air quality and reduce greenhouse gas emissions. Pursuant to CEQA Guidelines Section 15061(b)(3), the proposed GPA is exempt from CEQA because it can be seen with certainty that the project would not have a significant effect on the environment. STAFF ANALYSIS DCD has seen an influx of applications for development of light industrial projects, particularly in the North Richmond community. While sometimes constructed for a known tenant, these buildings are also developed "on spec," meaning they are built without a particular tenant or use committed to the project at the time of construction. As such, they could eventually house any number of uses including warehouses/distribution centers, food processing facilities, light manufacturing facilities, etc. These uses, and the buildings they occupy, tend to have the following common characteristics: 1) High energy consumption, particularly electricity; 2) Large, flat roof surfaces and parking areas; 3) Generate significant amounts of truck traffic; and 4) Construction involves disturbance of large surface areas. Certain retail uses, like big-box stores and shopping centers, have similar characteristics. Development of this type can cause direct negative air quality impacts in surrounding communities, during construction and operation, through emissions of particulate matter and other “criteria pollutants.” Criteria Air Pollutants Criteria air pollutants are the following pollutants for which the U.S. Environmental Protection Agency (U.S. EPA) has set National Ambient Air Quality Standards (NAAQS) to protect public health and the environment: Carbon Monoxide (CO), Nitrogen Oxides (NO X ), Particulate Matter (PM 10 and PM 2.5), Sulfur Oxides (SOX), Ozone (O3), and Lead (Pb). The State of California has adopted its own, more stringent standards known as California Ambient Air Quality Standards (CAAQS). The CAAQS include the pollutants covered under the NAAQS as well as Hydrogen Sulfide (H2S), Sulfate, Vinyl Chloride, 12-4-18 BOS Minutes 70 the pollutants covered under the NAAQS as well as Hydrogen Sulfide (H2S), Sulfate, Vinyl Chloride, and Visibility Reducing Particles. These pollutants are the typical focus of air quality impact studies conducted as part of CEQA analyses. During a project’s construction phase, principal sources of criteria pollutants are exhaust from construction equipment, trucks, and automobiles, and ground-disturbing activities (e.g., excavation and grading) that cause particulates to become airborne. During operation, emissions are dependent on the use itself and the type and quantity of its associated traffic. Manufacturing and processing uses, uses involving hazardous compounds, and uses that generate substantial truck traffic generally cause more severe air quality impacts. Numerous published studies from bodies such as the U.S. EPA, California Air Resources Board (CARB), Bay Area Air Quality Management District (BAAQMD), universities and research institutes, and medical professionals have demonstrated a link between increased exposure to diesel truck emissions (especially PM 2.5) and increased rates of asthma, bronchitis, certain types of cancer, and other serious medical conditions. Toxic Air Contaminants CARB has identified numerous other compounds as toxic air contaminants (TACs). Some of these, such as nickel, asbestos, chloroform, formaldehyde, and tobacco smoke are familiar to the general public. Most are generally obscure compounds associated with industrial processes and manufacturing. Particulate matter from diesel-fueled engines, which the proposed General Plan policy would address, is an identified TAC. Energy Consumption and Greenhouse Gas Emissions Light industrial and large commercial uses tend to be significant consumers of electricity, and often natural gas as well. This demand is typically related to machinery and equipment operation, processing activities, and the need to illuminate, heat, and cool large-volume spaces. While air quality in the vicinity of these uses may not necessarily be impacted by their high electrical demand, electricity generation increases cumulative air pollutant and greenhouse gas concentrations whenever that electricity is generated through fossil fuel combustion. Thus, reducing a project’s electrical demand, or increasing its reliance on renewable energy sources, has a positive impact on overall air quality. Combustion of natural gas, while cleaner than combustion of other fossil fuels such as coal and oil, produces carbon dioxide (CO2), methane (CH4), nitrous oxide (N 2O), volatile organic compounds (VOCs), NOx, SOx, CO, and trace amounts of PM. Several of these compounds are criteria pollutants, while others (CO 2, N2O, and CH4) are greenhouse gases. Reducing a project’s demand for natural gas therefore has a positive impact on overall air quality and localized air quality in the project vicinity. Renewable Energy Potential and Solar-Ready Construction Light industrial and commercial projects often have flat and expansive roofs and parking areas that offer opportunities for renewable energy generation through installation of photovoltaic (PV [aka solar]) panels. For the largest projects, like distribution centers and shopping malls, these areas will encompass dozens of acres. Utilizing this resource to its full potential requires thoughtful site planning and building design to avoid unnecessarily obstructing or shading prime areas for solar installation. Buildings must also be structurally capable of supporting solar panels and equipped with adequate conduit and electrical panels. The comprehensive approach to preparing buildings for future solar installation is known as “solar-ready” construction, and is already required by the State of California for certain types of nonresidential buildings.[1] However, actual installation of PV panels is not a State requirement. Board of Supervisors Direction to Amend the General Plan On May 7, 2018, the Board’s Ad Hoc Committee on Sustainability accepted a report from DCD staff on recent efforts to address the impacts and opportunities presented by light industrial development in the 12-4-18 BOS Minutes 71 recent efforts to address the impacts and opportunities presented by light industrial development in the North Richmond community (see Attachment 2). The County Planning Commission’s March 14, 2018, approval of a 482,000-square-foot warehouse/ distribution facility in North Richmond was highlighted during the discussion because it included supplemental measures to reduce air quality impacts and greenhouse gas emissions beyond what would normally be required under CEQA or BAAQMD regulations.[2] The following is a partial list of the supplemental requirements included in that approval (the full list is available in Attachment 2): “Solar ready” construction and installation of solar panels sufficient to supply the tenant's base electrical load. Loading dock electrification to allow refrigeration trucks and future electric trucks to be plugged in, reducing the need for unnecessary idling to keep the refrigeration units powered. Use of "clean fleet" vehicles and electric forklifts. Periodic sweeping of driveways and parking areas to remove tire wear, brake dust, and other particulates. Restriction on truck idling on-site and in the surrounding neighborhood. Payment of a fair-share contribution toward development of a solar project for the benefit of North Richmond residents, as mitigation for increased truck emissions. After accepting the report, the Committee directed DCD staff to draft language for inclusion in the General Plan making it County policy to apply measures like those listed in Attachment B to light industrial and commercial buildings/uses. On July 24, the full Board of Supervisors authorized DCD to proceed with the GPA. Proposed General Plan Policy Section 8.14 of the General Plan Conservation Element enumerates the County’s goals and policies related to air quality. They generally focus on achieving compliance with the NAAQS and CAAQS, separating sensitive land uses from pollutant sources, and reducing vehicular emissions. None of the goals and policies directly address land use types that are, or may potentially be, sources of significant pollution. Pursuant to the direction given by the Ad Hoc Committee on Sustainability and Board of Supervisors, staff prepared the following draft policy for consideration by the Board: 8-113. New commercial and industrial projects exceeding 10,000 square feet of gross floor area shall incorporate measures to reduce or eliminate otherwise preventable air quality impacts and greenhouse gas (GHG) emissions. These measures may include, but are not limited to, requiring usage of zero-emission fleets and equipment, limiting unnecessary truck and equipment idling, reducing on-site energy consumption, increasing on-site energy generation, reducing fugitive dust emissions, and contributing toward development of renewable energy projects in impacted communities. With a 10,000-square-foot threshold, this policy would be applicable to all but the smallest new industrial and commercial buildings throughout the unincorporated county. While example measures are listed, the policy is intentionally nonprescriptive because different measures will be appropriate for projects of different type and scale. The policy’s flexibility also is intended to allow for innovative approaches, technological advancements, and future regulatory changes. Support for the Contra Costa County Climate Action Plan The County Climate Action Plan (CAP), adopted in December 2015, contains 23 measures aimed at 12-4-18 BOS Minutes 72 reducing greenhouse gas emissions in the unincorporated county to 1990 levels by 2020. Adopting the proposed General Plan policy supports the following CAP measures: Energy Efficiency 6: Energy-Efficient New Buildings. Support the statewide transition to zero net energy (ZNE)[3] construction for new residential buildings by 2020 and nonresidential buildings by 2030. The performance target is three new ZNE businesses by 2020. Renewable Energy 1: Alternative Energy Installations. Promote installation of alternative energy facilities on homes and businesses. The performance target is 10 new businesses with photovoltaic arrays by 2020. Land Use and Transportation 3: Off-Road Vehicles and Equipment. Reduce emissions from off-road vehicles and equipment. There is no performance target for commercial and industrial equipment specifically, but reducing emissions from such equipment will help to achieve this measure’s overall reduction target of 10 metric tons of CO 2 equivalent by 2020. COUNTY PLANNING COMMISSION HEARING The County Planning Commission considered the proposed GPA at a hearing on October 24, 2018. No public testimony was given and no written comments were received. The Commission voted 4-0, with three commissioners absent, to recommend that the Board of Supervisors find the project exempt from the requirements of CEQA and adopt the proposed GPA. CONCLUSION Adopting the proposed GPA would establish policy for requiring implementation of supplemental measures to reduce air quality impacts and greenhouse gas emission associated with new industrial and commercial development. Adoption also supports implementation of the CAP. There are no significant environmental impacts associated with this project. Therefore, staff recommends that the Board of Supervisors find the project to be exempt from CEQA and adopt the proposed GPA. ATTACHMENTS 1. General Plan Amendment No. GP18-0004 2. Subcommittee Report (Item 6), Ad Hoc Committee on Sustainability, May 7, 2018 [1] Solar-ready construction is currently required for hotels/motels and multiple-family residential buildings with 10 or fewer stories, and all other nonresidential buildings with 3 or fewer stories. [2] This project required its own GPA. The applicant agreed to the supplemental measures to support the “public interest” finding for a GPA required under California Government Code section 65358. [3] A zero-net-energy building is a building with zero net energy consumption, meaning the total amount of energy used by the building on an annual basis is roughly equal to the amount of renewable energy created on the site, or in some definitions, by renewable energy sources elsewhere. CONSEQUENCE OF NEGATIVE ACTION: The County General Plan currently does not contain policies directly addressing land uses that are, or may potentially be, sources of significant air pollution and greenhouse gas emissions. Instead, the General Plan indirectly addresses such uses with policies aimed at achieving compliance with State and federal air quality standards. Adoption of the proposed GPA would establish policy for implementing more stringent measures to control air pollution and greenhouse gas emissions from commercial and industrial projects over 10,000 square feet in area. Rejection of the proposed GPA would maintain the status quo. CHILDREN'S IMPACT STATEMENT: Adoption of the proposed GPA will establish policy for reducing air quality impacts and greenhouse gas emissions related to certain types of commercial and industrial development. This supports outcomes 2 and 5 as established in the Children's Report Card adopted by the Board of Supervisors: 2) Children and Youth are Healthy and Preparing for Productive Adulthood; and 5) Communities are Safe and Provide a High Quality of Life for Children and Families. 12-4-18 BOS Minutes 73 AGENDA ATTACHMENTS Resolution No. 2018/578 Attachment 1 - General Plan Amendment No. GP18-0004 Attachment 2 - Staff Report to Ad Hoc Committee on Sustainability MINUTES ATTACHMENTS Signed Resolution No. 2018/578 12-4-18 BOS Minutes 74 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and for Special Districts, Agencies and Authorities Governed by the Board Adopted this Resolution on 12/04/2018 by the following vote: AYE:5 John Gioia Candace Andersen Diane Burgis Karen Mitchoff Federal D. Glover NO: ABSENT: ABSTAIN: RECUSE: Resolution No. 2018/578 IN THE MATTER OF approving a General Plan Amendment addressing energy efficiency and air pollution related to certain commercial and industrial projects. WHEREAS, on Tuesday, December 11, 2018, the Board of Supervisors held a public hearing to consider amending the Contra Costa County General Plan by adding a policy to the Conservation Element addressing air quality impacts and greenhouse gas emissions related to certain types of commercial and industrial projects (County File No. GP18-0004). WHEREAS, the proposed General Plan Amendment is the second consolidated General Plan Amendment for calendar year 2018. NOW, THEREFORE, the Contra Costa County Board of Supervisors resolves as follows: 1. The Board finds that adoption of General Plan Amendment GP18-0004 is in the public interest, pursuant to California Government Code Section 65358(a), as it would establish policy for imposing measures intended to reduce air quality impacts and greenhouse gas emissions related to certain types of industrial and commercial development. 2. The Board finds that adoption of General Plan Amendment GP18-0004 is consistent with the existing goals and policies contained in the General Plan, allowing the General Plan to remain internally consistent. 3. The Board finds that adoption of General Plan Amendment GP18-0004 would not cause a violation of the 65/35 Land Preservation Standard or Urban Limit Line (ULL) because no land would be redesignated from a non-urban to urban use. 4. The Board finds that adoption of General Plan Amendment GP18-0004 is consistent and complies with the requirements of the Growth Management Program administered by the Contra Costa Transportation Authority. 5. The Board hereby adopts General Plan Amendment GP18-0004, amending the Conservation Element of the Contra Costa County General Plan to allow commercial/distribution-scale solar energy generating facilities in areas with Light Industry, Heavy Industry, and Commercial land use designations, as set forth in Attachment 1 to the December 11, 2018, Board Order authorizing approval of this General Plan Amendment. Contact: Will Nelson (925) 674-7791 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 4, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: 12-4-18 BOS Minutes 75 12-4-18 BOS Minutes 76 12-4-18 BOS Minutes 77 ATTACHMENT 1 General Plan Amendment No. 18-0004 Addition to the Text of the Conservation Element 12-4-18 BOS Minutes 78 GENERAL PLAN TEXT AMENDMENT RELATED TO AIR QUALITY IMPACTS AND GREENHOUSE GAS EMISSIONS The following text will be added to the “Air Resources Policies” portion of Conservation Element Section 8.14, Air Quality: 8-113. New commercial and industrial projects exceeding 10,000 square feet of gross floor area shall incorporate measures to reduce or eliminate otherwise preventable air quality impacts and greenhouse gas (GHG) emissions. These measures may include, but are not limited to, requiring usage of zero- emission fleets and equipment, limiting unnecessary truck and equipment idling, reducing on-site energy consumption, increasing on-site energy generation, reducing fugitive dust emissions, and contributing toward development of renewable energy projects in impacted communities. 12-4-18 BOS Minutes 79 ATTACHMENT 2 Staff Report to Ad Hoc Committee on Sustainability May 7, 2018 12-4-18 BOS Minutes 80 AD HOC COMMITTEE ON SUSTAINABILITY 6. Meeting Date:05/07/2018   Subject:CONSIDER staff report on strategies for reducing greenhouse gas emissions associated with warehouse facilities in the unincorporated County Department:Conservation & Development Referral No.: N/A   Referral Name: N/A  Presenter: Brian Balbas, CCC Public Works Dept. Contact: Jody London (925)674-7871 Referral History: The Contra Costa County Climate Action Plan (2015) establishes goals for reducing emissions of greenhouse gases in the transportation sector and increasing the amount of renewable energy generated in Contra Costa County. The Climate Action Plan discusses prohibiting unnecessary idling of off-road and heavy equipment. It also establishes goals for zero net energy construction and installing rooftop energy systems on commercial buildings, with a focus on warehouses or other structures with large surface area roofs. The Bay Area Air Quality Management District has adopted the following Best Management Practices aimed at limiting emissions of greenhouse gases and other pollutants during a project's construction phase. DCD staff includes these measures in project approvals as appropriates: Air Quality  The following Bay Area Air Quality Management District, Basic Construction mitigation measures shall be implemented during project construction and shall be included on all construction plans:  All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved access roads) shall be watered two times per day. a. All haul trucks transporting soil, sand or other loose material off-site shall be covered.b. all visible mud or dirt track-out onto adjacent public roads shall be removed using wet power vacuum street sweepers at least once per day. The use of dry power sweeping is prohibited. c. Sweep daily (with water sweepers) all paved access roads, parking areas and staging areas at construction sites. d. Hydroseed or apply (non-toxic) soil stabilizers to inactive construction areas (previously graded areas inactive for ten days or more). e. Enclose, cover, water twice daily or apply (non-toxic) soil binders to exposed stockpiles (dirt, sand, etc.). f. Install sandbags or other erosion control measures to prevent silt runoff to publicg. 1. 12-4-18 BOS Minutes 81 Install sandbags or other erosion control measures to prevent silt runoff to public roadways. g. Replant vegetation in disturbed areas as quickly as possible.h. All vehicle speeds on unpaved roads shall be limited to 15 mph.i. All roadways, driveways and sidewalks to be paved shall be completed as soon as possible. Building pads shall be laid as soon as possible after grading unless seeding or soil binders are used. j. Idling times shall be minimized either by shutting equipment off when not in use or reducing the maximum idling time to 5 minutes (as required by the California airborne toxics control measure Title 13, Section 2485 of California Code of Regulations [CCR]). Clear signage shall be provided for construction workers at all access points. k. All construction equipment shall be maintained and properly in tuned in accordance with manufacturer's specifications. All equipment shall be checked by a certified mechanic and determined to be running in proper condition prior to operation. l. Post publicly visible sign with the telephone number and person to contact at the lead agency regarding dust complaints. This person shall respond and take corrective action within 48 hours. The Air District's phone number shall also be visible to ensure compliance with applicable regulations. m. The following are examples of mitigation measures developed for recent projects that have potential to generate substantial amounts of air pollutants:  Implement the following measures during all phases of the project.  30 days prior to applying for building permits for tenant improvement plans, the applicant/tenant shall submit plans for review and approval of CDD staff, which provide for a trucker's lounge appropriately sized for the square-footage/use intended for the space being occupied. a. Applicant/tenant shall electrify all loading docks to accommodate diesel-powered Transport Refrigeration Units (and similar pieces of equipment) and future use of electric trucks. both semi-trucks and delivery trucks (e.g., installation of conduit specifically designated for truck charging equipment in the future). b. All Transportation Refrigeration Units and similar pieces of equipment shall be plugged-in as soon as feasibly possible when entering the property. c. Applicant/tenant shall inform all truck drivers that idling is strictly prohibited on the warehouse property and adjacent streets in North Richmond. d. Applicant/tenant shall periodically sweep warehouse property to remove road dust/tire wear/brake dust in parking lots. e. Applicant/tenant shall not use diesel back-up generators on property unless absolutely necessary. If absolutely necessary, generators shall have Best Available Control Technology (BACT) that meets CARB's Tier 4 emission standards or meet the most stringent in-use standard, whichever has the least emissions. f. Applicant/tenant shall use "clean fleet" (e.g., Zero or very low emissions, high efficiency, electric and/or alternative fuel vehicles) to the maximum extent possible. At minimum, the applicant/tenant shall demonstrate compliance to the satisfaction of CD staff, that all CARB requirements to control emissions from diesel engines have been met. g. Install sound walls and/or vegetation, when appropriates, to effectively block diesel emissions form nearby sensitive receptors (e.g., schools and residential neighborhoods). h. Within 30-days of occupancy, applicant/tenant shall demonstrate to the satisfaction of CDD staff, that zero-emission technology forklifts (e.g., battery electric and hydrogen i. 2. 12-4-18 BOS Minutes 82 fuel cell) are being used for all operations (both indoor and outdoor) on the subject property. Solar Power  Prior to building permit issuance, the applicant shall submit evidence to CDD staff for review and approval, demonstrating that the subject buildings have been made solar ready by meeting exceeding the current California Building Code (e.g., structurally able to support solar panels on roofs, appropriately sized electrical panels and conduit, etc.). 3. The project sponsor shall include with the tenant improvement building permit application, sufficient solar panels to provide power for the tenant's base power use. Project sponsor shall include analysis of projected power requirements and generating capacity for solar installation. Completion of the solar project will be a condition of the occupancy of the tenant's space. The minimum amount of solar installed will be sufficient for warehouse use which is .06ks/SF or XXX kw. 4. Prior to issuance of the initial building permit, the applicant shall also pay the Contra Costa County, Department of Conservation and Development, Current Planning Division, a flat not-to-exceed amount of $XXX as its fair share contribution towards the cost of planning and/or constructing a Solar Project for the benefit of the North Richmond area. The Solar Project must benefit North Richmond residents as mitigation for the constructions of a ware house project with its associated emissions and truck traffic. The County will work with the District One Supervisor and the North Richmond Community to define and develop the Solar Project. 5. Referral Update: As the County has considered recent individual applications for new warehouse facilities, the County has included in conditions of approval requirements that will mitigate emissions from the operations of those facilities. The County also has included requirements for solar energy on warehouse rooftops and other measures that have the potential to increase the amount of renewable energy generated in Contra Costa County. Recommendation(s)/Next Step(s): CONSIDER staff report on strategies for reducing greenhouse gas emissions associated with warehouse facilities in the unincorporated County and PROVIDE DIRECTION. Fiscal Impact (if any): No impact to the General Fund at this time. Attachments No file(s) attached. 12-4-18 BOS Minutes 83 RECOMMENDATION(S): CONSIDER accepting the report on Winter Storm Preparedness in Contra Costa County, as recommended by the Chief Engineer, Flood Control and Water Conservation District, Countywide. (Michelle Cordis, Public Works Department) FISCAL IMPACT: No fiscal impact. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/04/2018 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: Michelle Cordis, (925) 313-2381 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 4, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: David Twa, County Administrator, Susan Shiu, CCTV, Mike Carlson, Deputy Chief Engineer, Carrie Ricci, Deputy Public Works Director, Tim Jensen, Flood Control, Michelle Cordis, Flood Control, Catherine Windham, Flood Control D. 7 To:Contra Costa County Flood Control District Board of Supervisors From:Brian M. Balbas, Public Works Director/Chief Engineer Date:December 4, 2018 Contra Costa County Subject:CONSIDER Report on Winter Storm Preparedness in Contra Costa County, Countywide. 12-4-18 BOS Minutes 84 BACKGROUND: To remind our communities throughout the County about awareness and preparations for this winter’s rainy season, the Contra Costa County Flood Control and Water Conservation District (Flood Control District) has the following report: Agency Preparations: The County’s Public Works and Flood Control District crews have been working hard to prepare for this winter, and they treat every winter as a potential heavy winter. Regional flood protection facilities and local drainage systems are ready and expected to perform well during large storms, as they have in the past. Key personnel are available to respond to emergencies at any time. As public agencies, we also value the eyes and ears of our residents to identify potential problems, so we have in place 24/7 reporting via phone or e-mail. There are 14 Reclamation Districts responsible for the Delta area’s levees in eastern Contra Costa County. They each perform a critical function to protect lives and property. Their staff has been preparing for this winter via inspections, maintenance, restocking supplies, and training. The levees and pumps are ready, and they have trained personnel on standby to respond to any issues that may arise. During storm events, levees will be closely monitored. Key personnel throughout the County are trained and ready to respond to any emergency at any time. In preparation for this winter, the County’s Office of Emergency Services has been coordinating with local, state, and federal agencies to ensure winter preparedness and disaster response. The various County agencies, such as Sheriff, Fire, Health Services, Public Works, Flood Control District, Reclamation Districts, and Animal Services, are partners in disaster preparedness and response. Coordination among these agencies keeps our County in compliance with the National Weather Service’s “storm ready” rating. Sandbag Stations: Each year, the County and cities provide free sand and sandbags to local residents for use in protecting their property from flooding. An up-to-date list of sandbag stations within the unincorporated County and within cities is available online. A demonstration video is also available on our website on how to fill and use sandbags. For more information, visit http://www.cccounty.us/5976/sandbags. Creek and Channel Safety Awareness: The County’s Creek and Channel Safety Awareness Program annual events continue, including; 1) completing the annual outreach to schools 2) putting up student art class posters along flood control channels and 3) coordinating with Contra Costa County Fire Protection District’s Swiftwater Rescue operations. On October 11, Walnut Creek Intermediate School hosted their annual “Stay Out! Stay Alive!” campaign regarding the Walnut Creek flood control channel that traverses its campus. For more information, visit www.cccounty.us/creekandchannelsafety . Community Outreach: In an effort to get the word out to the community, we have worked with our Public Works Department’s Public Information Officer to send out timely media alerts on being prepared for winter storms, flood, or weather-related information that would be useful or interesting to the public. Examples include determining if a property is in a flood-prone area, the location of sandbag stations, activities that people can undertake to protect their property from flooding, emergency preparedness, flood forecasting information, or a message from our Creek and Channel Safety Program. We are providing our winter and flood preparation information to each Board Supervisor’s Chief of Staff to be distributed across the County through their channels. The Flood Control District has a webpage 12-4-18 BOS Minutes 85 describing what citizens can do to prepare for this winter’s rainy season. The webpage can be found at http://www.cccounty.us/5906/Flood-Preparedness. We’ve also increased our social media presence on Facebook, Instagram, and Twitter for the Flood Control District and County Public Works pages. Flood Forecasting: In our area, localized heavy rains can happen unexpectedly and streams can rise rapidly, so paying attention to the weather and utilizing forecasting resources is important. The Flood Control District monitors 30 rain gauges and 15 stream gauges to provide information. Our data is used by the National Weather Service to inform their forecasts. We continue to use our custom-made forecasting guide we call “7532 Flood!” We have provided information about the guide online, discussed it at numerous agency and public meetings, and have produced a short video on the guide. This information helps public agencies and residents predict the potential for flooding in their community. The webpages are compatible with most mobile devices and can be found at http://www.cccounty.us/RainMap. Resource for Cities: Flood Control District staff has combined the above messages into the flood preparedness webpages as a resource for cities. Staff is also available to provide input on winter preparation messages produced by cities, as well as to speak on winter preparedness at city-hosted meetings. The above information will be sent to media outlets and community sites to coincide with this Board action. Key staff members are available to answer questions, attend community meetings, or be interviewed upon request. The Chief Engineer, Flood Control District, recommends that the Board accept the above report, and the personally-presented report, on flood preparedness in Contra Costa County. CONSEQUENCE OF NEGATIVE ACTION: If this Board Order is not adopted, members of the public may not receive important information about flood preparedness and creek and channel safety. CHILDREN'S IMPACT STATEMENT: The Flood Control District will continue to work with schools and youth-based groups within the County to educate children about safety regarding creeks and flood control channels. 12-4-18 BOS Minutes 86 RECOMMENDATION(S): 1. APPOINT the individuals identified in Attachment A to serve on the Racial Justice Oversight Body. 2. ACCEPT the response from the Racial Justice Task Force on Report recommendations #18 and #19: The Racial Justice Task Force voted 10-1 at its meeting on November 14, 2018 to withdraw recommendations #18 and #19 from the Final Report, recognizing that there is no legal means by which to establish an independent grievance process for adults in custody in Contra Costa County or to establish an independent monitoring body to oversee conditions of confinement in County adult detention facilities without the cooperation of the Sheriff's Office. FISCAL IMPACT: No fiscal impact. BACKGROUND: In July 2015, the Public Protection Committee (PPC) first considered this matter in response to an April 2015 letter from the Racial Justice Coalition to the Board of Supervisors . After PPC discussion and direction, staff returned with a comprehensive report to the PPC APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/04/2018 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: Paul Reyes, (925)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: December 4, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: D. 8 To:Board of Supervisors From:PUBLIC PROTECTION COMMITTEE Date:December 4, 2018 Contra Costa County Subject:Racial Justice Oversight Body Appointments And Related Actions 12-4-18 BOS Minutes 87 BACKGROUND: (CONT'D) in September 2015 with data related to race in the local justice system, the County’s Workplace Diversity Training, and information regarding outside diversity and implicit bias trainings. In November 2015, the PPC discussed the data from the September 2015 staff report and how it compared to the County’s 2008 report on Disproportionate Minority Contacts (DMC) in the local juvenile justice system. This led to joint recommendations to the PPC in December 2015 by the Chief Probation Officer, District Attorney, and Public Defender that included: 1. The County convene a Task Force to revisit and expand upon the findings of the County’s 2008 juvenile justice DMC report, 2. The County enter into a contract for a facilitator to help guide the Task Force through this process, and 3. A researcher be paid to help the Task Force collect and analyze data during the process. In April 2016, the Board of Supervisors accepted recommendations from the PPC to form a 17-member Task Force and approved the composition in September 2016. In September 2016, County Administrator staff worked to develop and release a Request for Proposals to secure “Facilitation and Data Analyst Services” to help guide the work of the Task Force. In February 2017, Resource Development Associates (RDA) was awarded a contract by the Board of Supervisors to provide the facilitation and data analysis services to the Racial Justice Task Force. From April 2017 through June 2018, the Task Force met to review data on local criminal and juvenile justice systems and processes, discuss best practices and emerging practices for addressing racial disparities in those systems and processes, and develop recommendations for action to address those disparities. On July 24, 2018, the Board of Supervisors adopted the "Racial Justice Task Force - Final Report and Recommendations" with the exclusion of recommendations #18 and #19, which included the recommendation to create a Racial Justice Oversight Body. (Recommendations #18 and #19 were referred to the Public Protection Committee for further input from the Racial Justice Task Force and the Sheriff's Office.) The Racial Justice Oversight Body will be composed of the following 18 representatives: 1. A representative from the Superior Court, as a non-voting member; 2. The Sheriff or his designee; 3. The Chief Probation Officer or his designee; 4. The Public Defender or her designee; 5. The District Attorney or her designee; 6. A representative from a local law enforcement agency, nominated by the Contra Costa County Police Chiefs’ Association; 7. A representative from the Contra Costa County Office of Education; 8. A representative from a Local School District; 9. A representative from Contra Costa County Health Services Department; and 10. Nine community-based representatives, including: two members of the Contra Costa Racial Justice Coalition, two individuals with prior personal criminal or juvenile justice system involvement, three representatives from community-based organizations (CBO) that work with justice involved populations, including at least one person who works directly with youth, one representative from a faith-based organization, and one representative that is either a school age young person, or from a CBO who provides services to school age youth. 12-4-18 BOS Minutes 88 On September 18, 2018, a six-week recruitment process was initiated to fill the seven (7) community-based seats. The Racial Justice Coalition was allowed to select their two nominations. The deadline for submissions was November 2, 2018 and the County received a total of 14 applications. On November 13, 2018, the PPC approved the nominations for appointment to the Racial Justice Oversight Body identified in Attachment A. On November 14, 2018, the Racial Justice Task Force met with Assistant Sheriff Matthew Schuler and Captain Steve Simpkins to further discuss the grievance and detention conditions oversight processes for the Sheriff's Office. At the conclusion of the conversation, the Task Force voted (10-1) to recognize the legal limitations in establishing an independent grievance process for individuals in custody in the County's adult detention facilities and establishing an independent monitoring body to oversee conditions of confinement without the cooperation of the Sheriff's Office. This legal limitation led to the conclusion that recommendations #18 and #19 should be removed from the Report (approved 10-2). ATTACHMENTS Attachment A - RJOB Membership Attachment B - RJTF Recommendations 12-4-18 BOS Minutes 89 ATTACHMENT A - 2019 RACIAL JUSTICE OVERSIGHT BODY Seat Appointee Term Expiration Superior Court representative James Paulsen, Director of Family Law and Probate ex-officio Sheriff or designee John Lowden, Assistant Sheriff ex-officio Chief Probation Officer or designee Mike Newton, Probation Director ex-officio Public Defender or designee Robin Lipetzky, Public Defender ex-officio District Attorney or disignee Diana Becton, District Attorney ex-officio Local Law Enforcement representative Bisa French, Assistant Chief, Richmond Police Department December 31, 2020 Contra Costa County Office of Education representative Lynn Mackey, Superintendent Elect ex-officio Local School District representative Debra Mason, Mount Diablo Unified School District December 31, 2020 Health Services Department representative Dr. William Walker ex-officio CBO representative Seat 1 Tamisha Walker December 31, 2020 CBO representative Seat 2 Jeff Landau December 31, 2020 CBO representative Seat 3 Chala Bonner December 31, 2020 CBO representative Seat 4 Ledamien Flowers December 31, 2020 CBO representative Seat 5 Stephanie Medley December 31, 2020 CBO representative Seat 6 Cheryl Sudduth December 31, 2020 CBO representative Seat 7 Edward Williams December 31, 2020 CBO representative Seat 8 Jay LeVine December 31, 2020 CBO representative Seat 9 Tammy Appling-Cabading December 31, 2020 12-4-18 BOS Minutes 90 RJTF Recommendations Oversight and Accountability 1) The Racial Justice Task Force recommends that the Board of Supervisors appoint a Racial Justice Oversight Body (RJOB) to oversee the implementation of the recommendations made by the Task Force, as specified by the Board of Supervisors. The RJOB would meet on a quarterly basis and report to the Board on an annual basis. The RJOB shall be made up of the following members: 1. A representative from the Superior Court, as a non-voting member 2. The Sheriff or his designee 3. The Chief Probation Officer or his designee 4. The Public Defender or her designee 5. The District Attorney or her designee 6. A representative from a local law enforcement agency, nominated by the Contra Costa County Police Chiefs’ Association 7. A representative from the Contra Costa County Board of Education 8. A representative from Contra Costa County Health Services 9. Eight community-based representatives, that include at a minimum: a. Two members of the Racial Justice Coalition, b. Two individuals with prior personal criminal or juvenile justice system involvement, c. Three representatives from community-based organizations that work with individuals in the justice system, including at least one person who works directly with youth d. One representative from a faith-based organization Any individual may meet more than one of these qualifications. The RJTF further recommends that the work of this body be staffed by the County Office of Reentry and Justice, and that funds for facilitation be allocated through an RFP process. 1) a. The RJOB should or a subcommittee thereof should review local criminal and juvenile justice data in order to identify and report on racial disparities. This will include a review of use-of-force data, as available from the California Department of Justice’s Open Justice data. Diversion 2) With the goal of reducing racial disparities in the Contra Costa County criminal justice system, form a committee to recommend countywide criteria and protocols for formal and informal diversion. The recommendations shall be evidence-based and follow established best practices. In considering what criteria and protocols to recommend, the committee shall 1. Develop separate recommendations for adult and juvenile populations. 2. Strive to ensure the broadest possible pool of eligible participants. 12-4-18 BOS Minutes 91 3. Strive to ensure that prior criminal justice involvement does not bar a person’s eligibility for diversion. 4. Ensure that the inability to pay for the costs of diversion will not prohibit participation. 5. Recommend, as appropriate, partnerships between law enforcement agencies and community-based organizations to provide diversion services and oversight. This committee may be a subgroup of the Racial Justice Oversight Body (RJOB) and will report to the RJOB. 3) Expand the use of crisis intervention teams, mobile crisis teams, and behavioral health assessment teams so they are available across the County. 4) Local law enforcement agencies shall issue citations and establish non-enforcement diversion programs as an alternative to arrests. Data 5) All Contra Costa County criminal justice agencies and local law enforcement agencies shall collect individual-level data on all individual encounters with criminal and juvenile justice systems and processes. In so doing, they should consult best practices to balance data needs with confidentiality regulations. a. Office of Reentry and Justice shall publish race-specific data online on all of the above to create greater transparency and accountability of the County criminal justice agencies and local enforcement agencies. b. All Contra Costa County criminal justice agencies and local law enforcement agencies shall improve capacity for data collection and analysis including expanding staff with data analysis capabilities. c. Office of Reentry and Justice shall support analysis of interventions implemented through the RJTF to measure efficacy and assess impact on racial disparities. County Support for Local Agencies 6) The County shall work with local enforcement agencies to seek funds that support the integration of de-escalation and behavioral health intervention trainings into local enforcement agency regional academy and/or department orientations. a. The County shall work with local enforcement agencies to seek funds to implement improved procedural justice practices and implicit bias training. i. Identify funding for procedural justice training utilizing the train the trainer model. ii. Work with the Chief’s Association to create a forum to share information and strengthen promising practices around procedural justice and implicit bias trainings. 7) In addition, local enforcement agencies in Contra Costa County should: i. Ensure inclusion of de-escalation and behavioral health intervention trainings into local enforcement agency regional academy and/or department orientations 12-4-18 BOS Minutes 92 ii. Provide procedural justice and implicit bias training to all staff 8) The County Office of Education shall provide resources to incentivize school districts to explore, evaluate, implement or expand existing non-punitive discipline practices, such as Positive Behavioral Interventions Support (PBIS) and Restorative Justice (RJ) practices. i. Identify funding for continuous training and technical assistance to all schools in the County to support implementation of PBIS and Restorative Justice, as well as data collection to assess implementation and impact. 9) The County Office of Education shall work with school districts to provide behavioral health services such as counseling, peer support, and early intervention services for youth presenting signs of emotional, mental, and/or behavioral distress. Community Engagement and Services 10) County criminal justice agencies shall establish formal partnerships with community-based organizations to provide greater capacity for i. diversion, ii. reentry programs, iii. alternatives to detention iv. pretrial services v. in custody programming All community-based organizations receiving funding from the County shall be evaluated for efficacy and effectiveness of program goals and objectives to ensure populations are appropriately served. Community input shall be an integral part of this process. 11) Establish a community capacity fund to build the capacity of community-based organizations – especially those staffed by formerly incarcerated individuals – to contract with the County and provide services to reentry clients. 12) The County and/or RJOB shall collaborate with the Community Corrections Partnership- Executive Committee (CCP-EC) to consider increasing realignment funding for community services. Practices Related to Trial and Adjudication Processes 13) Encourage the Superior Court to return to the process of jury selection whereby jurors are called to service to their local branch court for misdemeanor trials. 14) The Public Defender’s Office shall hire social workers who can assess clients’ psychosocial needs and link them to services. 15) The Public Defender’s Office, either directly or through partnerships with community-based organizations, should offer civil legal representation to clients. For youth, this should focus on educational advocacy. Confinement 16) Expand eligibility for Pre-Trial Services and increase Pre-Trial Services staffing, with a focus on reducing racial disparities and replacing the money bail system. 12-4-18 BOS Minutes 93 17) Expand the current pre-release pilot to serve all individuals in custody. 18) Establish an independent grievance process for individuals in custody in County adult detention facilities to report concerns related to conditions of confinement based on gender, race, religion, and national origin. This process shall not operate via the Sheriff’s Office or require any review by Sheriff’s Office staff. 19) Establish an independent monitoring body to oversee conditions of confinement in County adult detention facilities based on gender, race, religion, and national origin and report back to the Board of Supervisors. Other 20) All County staff shall participate in and complete implicit bias training. 12-4-18 BOS Minutes 94 RECOMMENDATION(S): AUTHORIZE the Chair of the Board of Supervisors to sign a letter to the 23rd Agricultural Association to convey the Contra Costa County Board of Supervisors' support of a policy prohibiting the possession and sale of firearms on the Contra Costa County Fairgrounds. FISCAL IMPACT: No fiscal impact. BACKGROUND: The Contra Costa County Fairgrounds are owned and operated by the 23rd District Agricultural Association. The 23rd District Agricultural Association is a “state institution” under Food and Agricultural Code section 3953. Because the Fairgrounds are owned and operated by a state institution, the County is not authorized to prohibit gun shows held on state property. Alameda, Marin, Sonoma, San Mateo, Santa Clara, and Los Angeles have taken action through county ordinance to prohibit gun shows at their respective county-owned fairgrounds. Earlier this year, there was local interest in eliminating gun shows at the Cow Palace which is owned by Agricultural District 1-A, also a state institution. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/04/2018 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: Paul Reyes, 925-335-1096 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: December 4, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: D. 9 To:Board of Supervisors From:PUBLIC PROTECTION COMMITTEE Date:December 4, 2018 Contra Costa County Subject:Letter to the 23rd Agricultural District Regarding the Sale of Firearms 12-4-18 BOS Minutes 95 BACKGROUND: (CONT'D) That effort resulted in the need for special legislation (Senate Bill 221) to be carried by Senator Scott Weiner and Assemblyman Phil Ting to disallow gun shows on the Cow Palace property. The bill passed the legislature, but was vetoed by the Governor in September 2018. On October 9, 2018, the Board of Supervisors referred to the Public Protection Committee to assist with facilitating a public discussion as to whether or not Contra Costa County should pursue an effort to disallow gun shows at the state-owned County Fairgrounds property and to determine whether facilitating gun shows on public property is an appropriate message to be sending as the nation continues to grapple with mass shootings. On November 5, 2018, the Public Protection Committee considered the issue of banning guns shows and acknowledged that there are limited options to pursue in prohibiting the possession or sales of firearms on the County fairgrounds due to it being owned and operated by a state institution. The Public Protection Committee is recommending that the County first send a letter to the Board of Directors of the 23rd District Agricultural Association to convey the Board of Supervisors’ support of a policy prohibiting the possession and sale of firearms on the Contra Costa County Fairgrounds. CONSEQUENCE OF NEGATIVE ACTION: The Contra Costa County Board of Supervisors's support of a policy prohibiting the possession and sale of firearms on the Contra Costa County Fairgrounds will not be conveyed to the 23rd Agricultural Association. AGENDA ATTACHMENTS Letter - BOS to 23rd District Agricultural Assoc. MINUTES ATTACHMENTS Signed Letter to 23rd District Agricultural Assoc 12-4-18 BOS Minutes 96 December 4, 2018 Robert Hoffner, President 23rd District Agricultural Association 1201 West 10th St. Antioch, CA 94509 Subject: Firearm Possession and Sale on Contra Costa County Fairgrounds’ Property Dear Mr. Hoffner, In 1996, the Contra Costa County Board of Supervisors passed a resolution requesting the Contra Costa County Fair Board discontinue gun shows at the Contra Costa County Fairgrounds. In 2004, the Board of Supervisors conveyed to the 23rd District Agricultural Association the support of a policy prohibiting the sale of firearms and ammunition. However, gun shows continue to be allowed at the Contra Costa County Fairgrounds Gun violence and gun-related injuries and deaths continue to be critical public health concerns. The Board of Supervisors continues to support a policy that would prohibit the Contra Costa County Fairgrounds from being used in the proliferation of this critical public health hazard. As the nation grapples with the effects of mass shootings, the 23rd District Agricultural Association has the responsibility to determine if facilitating guns shows on public property is the message to be sending to the public. Accidental discharge of a firearm is always a risk when handling firearms. Located near the Fairgrounds are a number of sensitive public areas, including a Head Start facility (a kindergarten readiness program) that is located on the Fairground property. Within 500 feet of the Fairgrounds property is Antioch High School and Fairview Park. Also nearby is Live Oak High School, Antioch Middle School, and Fremont Elementary School. Alameda, Marin, Sonoma, San Mateo, and Santa Clara counties have banned the possession of firearms and ammunition at their county-owned fairgrounds, and Los Angeles County has banned firearm and ammunition sales on its county-owned fairgrounds. The Board of Supervisors does recognize that the Contra Costa County Fairgrounds is on state property governed by the 23rd Agricultural District Association whereas the aforementioned counties own and control their respective fairgrounds. However, in September 2018, the 22nd Agricultural District governing the Del Mar Fairgrounds recently voted to postpone gun shows for up to a year, while it studies this same issue. The Board of Supervisors respects the right of Contra Costa County residents to lawfully possess and use firearms, but is also committed to supporting policies that promote the health and safety of all county residents. On behalf of the Contra Costa County Board of Supervisors, I am requesting the Board of Directors of the 23rd District Agricultural Association to consider prohibiting the possession of firearms and ammunition, including the purchase, sale, and discharge of firearms and ammunition, on the Contra Costa County Fairgrounds’ property. 12-4-18 BOS Minutes 97 Sincerely, Karen Mitchoff, Chair Contra Costa County Board of Supervisors Supervisor, District IV Enclosure 12-4-18 BOS Minutes 98 12-4-18 BOS Minutes 99 12-4-18 BOS Minutes 100 12-4-18 BOS Minutes 101 12-4-18 BOS Minutes 102 12-4-18 BOS Minutes 103 RECOMMENDATION(S): ADOPT Resolution No. 2018/576 approving the Side Letters between the County of Contra Costa and AFSCME Local 512, AFSCME Local 2700, IFPTE Local 21, Public Employees Union Local 1, SEIU Local 1021, and Western Council of Engineers providing for MOU extensions, wages, healthcare, and reopener. FISCAL IMPACT: The estimated annual cumulative cost of the negotiated contract extensions for the six unions is $3.6 million for FY 2018/19 (healthcare subsidy increase for six months assuming no migration of plans); $27.2 million for FY 2019/20 ($17.5 million from the 4% wage increase and $9.7 million for the healthcare subsidy changes); $47.0 million for FY 2020/21 ($30.6 million from the wage increases, $15.4 million for the healthcare subsidy changes, and $1 million for the reopener); and $67.3 million for FY 2021/22 ($43.7 million from the wage increases, $21.6 million for the healthcare subsidy changes, and $2 million for the reopener). For the 2020 year and beyond, projections are based on current enrollment and an average eight percent medical inflation cost each year. The out-year on-going annual cost for the extensions of these six unions is $70.3 million. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/04/2018 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Lisa Driscoll, County Finance Director (925) 335-1023 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 4, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: Robert Campbell, County Auditor-Controller, Dianne Dinsmore, Human Resources Director, All County Departments (via County Administration) D.10 To:Board of Supervisors From:David Twa, County Administrator Date:December 4, 2018 Contra Costa County Subject:Resolution No. 2018/576 – Healthcare Coalition Side Letters Providing for MOU Extensions, Wages, Healthcare, and Reopener 12-4-18 BOS Minutes 104 BACKGROUND: This Side Letter arises out of a formal request to bargain as a Union Coalition over healthcare by AFSCME Local 512, AFSCME Local 2700, Contra Costa Public Defenders Association, Deputy District Attorneys Association, IFPTE Local 21, Physicians & Dentists Organization of Contra Costa, Public Employees Union Local 1, SEIU Local 1021, and Western Council of Engineers. The County agreed to discuss the issue in the context of a possible contract extension. Like the Coalition, the County wanted to explore options that would meet the needs of our employees and provide financial stability for the County. The Union Healthcare Coalition included nine unions/associations (AFSCME Local 512, AFSCME Local 2700, Contra Costa Public Defenders Association, Deputy District Attorneys Association, IFPTE Local 21, Physicians & Dentists Organization of Contra Costa, Public Employees Union Local 1, SEIU Local 1021, and Western Council of Engineers). Six of these organizations had current contracts, which were set to expire on June 30, 2019 (AFSCME Local 512, AFSCME Local 2700, IFPTE Local 21, Public Employees Union Local 1, SEIU Local 1021, and Western Council of Engineers), and three had open contracts (Contra Costa Public Defenders Association, Deputy District Attorneys Association, and Physicians & Dentists Organization of Contra Costa). After efficacious bargaining, the County and Union Healthcare Coalition reached a Tentative Agreement on healthcare for employees on November 13 (although bargaining as a Coalition over healthcare, those organizations with open contracts continue to negotiate over other terms and conditions of employment). The six unions with current contracts immediately began the process of conducting ratification votes. The attached Side Letters are effective following ratification by the individual unions and approval of the Board of Supervisors. Note that this action impacts six unions but there are eight side letters recommended for Board approval because Local One and Local 1021 have separate MOUs for their supervisor and rank and file units. In summary, the County and the unions agreed to modify three sections and add one section to each MOU. All other terms and conditions of the MOUs between the County and unions (July 1, 2016 – June 30, 2019) remain unchanged. Duration of Agreement The term of the agreements was extended through June 30, 2022. 1. General Wages Effective July 1, 2019, the base rate of pay for classifications represented by the Unions will be increased by four percent (4%), Effective July 1, 2020, the base rate of pay for classifications represented by the Union will be increased by three percent (3%). Effective July 1, 2021, the base rate of pay for classifications represented by the Union will be increased by three percent (3%). 2. Health, Life, & Dental Care The County will adjust its monthly premium subsidies to cover at least the increases for the 2019 plan year. Beginning January 1, 2020, the County will provide a premium subsidy of up to 75% of the second lowest priced non-deductible HMO plan (currently Kaiser A) for Employee and Employee +1, and 76.5% for Employee +2 or more. Beginning January 1, 2021, the County will provide a premium subsidy of up to 78.5% of the second lowest priced non-deductible HMO plan for all tiers. Beginning January 1, 2020, the County will provide a premium subsidy of up to 80% of the second lowest priced non-deductible HMO plan for all tiers. Annual contributions into an HSA for active employees who are enrolled in an 3. 12-4-18 BOS Minutes 105 Annual contributions into an HSA for active employees who are enrolled in an eligible High Deductible Health Plan and who have an HSA. Expanded purview of the Joint Labor/Management Benefits Committee. Non-Healthcare/Non-General Wage Re-opener During the months of August through October, 2020, the individual unions may request to reopen their MOU for the limited purpose of negotiating over a specific and finite list of non-healthcare/non-general wage/non-lump sum issues identified by the union and agreed upon by the County. The total cost to the County to address the issues that the union requests to negotiate about during the re-opener will be limited to the union’s share of $2 million that will be allocated among the nine unions of the 2018 Healthcare Coalition. The $2 million will be divided on a per capita basis of total union-represented employees per union as of October 1, 2018. The $2 million will have a start date no earlier than January 1, 2021. 4. Permanent full-time and permanent part-time employees represented by Unions, who have finalized an agreement for new medical plan rates for 2019, will be offered a Special Open Enrollment period from December 4 – 6, 2018. CONSEQUENCE OF NEGATIVE ACTION: Members will not receive wages nor benefits agreed to in the tentative agreement between the Healthcare Coalition and the County. AGENDA ATTACHMENTS Resolution No. 2018/576 AFSCME 512 Side Letter dated 11/14/18 AFSCME 2700 Side Letter dated 11/14/18 IFPTE Local 21 Side Letter dated 11/14/18 PEU Local 1 Side Letter dated 11/14/18 PEU Local 1 CSB Site Supervisors Side Letter dated 11/14/18 SEIU 1021 Rank & File Side Letter dated 11/13/18 SEIU 1021 Service Line Supervisors Side Letter dated 11/13/18 Western Council of Engineers Side Letter dated 11/14/18 MINUTES ATTACHMENTS Signed Resolution No. 2018/576 12-4-18 BOS Minutes 106 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and for Special Districts, Agencies and Authorities Governed by the Board Adopted this Resolution on 12/04/2018 by the following vote: AYE:5 John Gioia Candace Andersen Diane Burgis Karen Mitchoff Federal D. Glover NO: ABSENT: ABSTAIN: RECUSE: Resolution No. 2018/576 In the Matter of: The Side Letter Agreements between the County of Contra Costa and AFSCME Local 512, AFSCME Local 2700, IFPTE Local 21, Public Employees Union Local 1, Public Employees Union Local 1 CSB Site Supervisors, SEIU Local 1021 Rank & File, SEIU Local 1021 Service Line Supervisors, and Western Council of Engineers providing for MOU extensions, wages, healthcare, and reopener. The Contra Costa County Board of Supervisors acting solely in its capacity as the governing board of the County of Contra Costa RESOLVES THAT: Effective upon adoption, the attached Side Letters of Agreement dated November 13 and 14, 2018, between the County of Contra Costa and AFSCME Local 512, AFSCME Local 2700, IFPTE Local 21, Public Employees Union Local 1, Public Employees Union Local 1 CSB Site Supervisors, SEIU Local 1021 Rank & File, SEIU Local 1021 Service Line Supervisors, and Western Council of Engineers be ADOPTED. Contact: Lisa Driscoll, County Finance Director (925) 335-1023 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 4, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: Robert Campbell, County Auditor-Controller, Dianne Dinsmore, Human Resources Director, All County Departments (via County Administration) 12-4-18 BOS Minutes 107 12-4-18 BOS Minutes 108 12-4-18BOS Minutes109 12-4-18BOS Minutes110 12-4-18BOS Minutes111 12-4-18BOS Minutes112 12-4-18BOS Minutes113 12-4-18BOS Minutes114 12-4-18BOS Minutes115 12-4-18BOS Minutes116 12-4-18BOS Minutes117 12-4-18BOS Minutes118 12-4-18BOS Minutes119 12-4-18BOS Minutes120 12-4-18BOS Minutes121 12-4-18BOS Minutes122 12-4-18BOS Minutes123 12-4-18BOS Minutes124 12-4-18BOS Minutes125 12-4-18BOS Minutes126 12-4-18BOS Minutes127 12-4-18BOS Minutes128 12-4-18BOS Minutes129 12-4-18BOS Minutes130 12-4-18BOS Minutes131 12-4-18BOS Minutes132 12-4-18BOS Minutes133 12-4-18BOS Minutes134 12-4-18BOS Minutes135 12-4-18BOS Minutes136 12-4-18BOS Minutes137 12-4-18BOS Minutes138 12-4-18BOS Minutes139 12-4-18BOS Minutes140 12-4-18BOS Minutes141 12-4-18BOS Minutes142 12-4-18BOS Minutes143 12-4-18BOS Minutes144 12-4-18BOS Minutes145 12-4-18BOS Minutes146 12-4-18BOS Minutes147 12-4-18BOS Minutes148 12-4-18BOS Minutes149 12-4-18BOS Minutes150 12-4-18BOS Minutes151 12-4-18BOS Minutes152 12-4-18BOS Minutes153 12-4-18BOS Minutes154 12-4-18BOS Minutes155 12-4-18BOS Minutes156 12-4-18BOS Minutes157 12-4-18BOS Minutes158 12-4-18BOS Minutes159 12-4-18BOS Minutes160 12-4-18BOS Minutes161 12-4-18BOS Minutes162 12-4-18BOS Minutes163 12-4-18BOS Minutes164 12-4-18BOS Minutes165 12-4-18BOS Minutes166 12-4-18BOS Minutes167 12-4-18BOS Minutes168 12-4-18BOS Minutes169 12-4-18BOS Minutes170 12-4-18BOS Minutes171 12-4-18BOS Minutes172 12-4-18BOS Minutes173 12-4-18BOS Minutes174 12-4-18BOS Minutes175 12-4-18BOS Minutes176 12-4-18BOS Minutes177 12-4-18BOS Minutes178 12-4-18BOS Minutes179 12-4-18BOS Minutes180 12-4-18BOS Minutes181 12-4-18BOS Minutes182 12-4-18BOS Minutes183 12-4-18BOS Minutes184 12-4-18BOS Minutes185 12-4-18BOS Minutes186 12-4-18BOS Minutes187 12-4-18BOS Minutes188 12-4-18BOS Minutes189 12-4-18BOS Minutes190 12-4-18BOS Minutes191 12-4-18BOS Minutes192 12-4-18BOS Minutes193 12-4-18BOS Minutes194 12-4-18BOS Minutes195 12-4-18BOS Minutes196 12-4-18BOS Minutes197 12-4-18BOS Minutes198 12-4-18BOS Minutes199 12-4-18BOS Minutes200 12-4-18BOS Minutes201 12-4-18BOS Minutes202 12-4-18BOS Minutes203 12-4-18BOS Minutes204 12-4-18BOS Minutes205 12-4-18BOS Minutes206 12-4-18BOS Minutes207 12-4-18BOS Minutes208 12-4-18BOS Minutes209 12-4-18BOS Minutes210 12-4-18BOS Minutes211 12-4-18BOS Minutes212 12-4-18BOS Minutes213 12-4-18BOS Minutes214 12-4-18BOS Minutes215 12-4-18BOS Minutes216 12-4-18BOS Minutes217 12-4-18BOS Minutes218 12-4-18BOS Minutes219 12-4-18BOS Minutes220 12-4-18BOS Minutes221 12-4-18BOS Minutes222 12-4-18BOS Minutes223 12-4-18BOS Minutes224 12-4-18BOS Minutes225 12-4-18BOS Minutes226 12-4-18BOS Minutes227 12-4-18BOS Minutes228 12-4-18BOS Minutes229 12-4-18BOS Minutes230 12-4-18BOS Minutes231 12-4-18BOS Minutes232 12-4-18BOS Minutes233 12-4-18BOS Minutes234 12-4-18BOS Minutes235 12-4-18BOS Minutes236 12-4-18BOS Minutes237 12-4-18BOS Minutes238 12-4-18BOS Minutes239 12-4-18BOS Minutes240 12-4-18BOS Minutes241 12-4-18BOS Minutes242 12-4-18BOS Minutes243 12-4-18BOS Minutes244 12-4-18BOS Minutes245 12-4-18BOS Minutes246 12-4-18BOS Minutes247 12-4-18BOS Minutes248 12-4-18BOS Minutes249 12-4-18BOS Minutes250 12-4-18BOS Minutes251 12-4-18BOS Minutes252 12-4-18BOS Minutes253 12-4-18BOS Minutes254 12-4-18BOS Minutes255 12-4-18BOS Minutes256 12-4-18BOS Minutes257 12-4-18BOS Minutes258 12-4-18BOS Minutes259 12-4-18BOS Minutes260 12-4-18BOS Minutes261 12-4-18BOS Minutes262 12-4-18BOS Minutes263 12-4-18BOS Minutes264 12-4-18BOS Minutes265 12-4-18BOS Minutes266 12-4-18BOS Minutes267 12-4-18BOS Minutes268 12-4-18BOS Minutes269 12-4-18BOS Minutes270 12-4-18BOS Minutes271 12-4-18BOS Minutes272 12-4-18BOS Minutes273 12-4-18BOS Minutes274 12-4-18BOS Minutes275 RECOMMENDATION(S): ADOPT Resolution No. 2018/563, which supersedes Resolution No. 2018/7 regarding compensation and benefits for the County Administrator, County Elected and Appointed Department Heads, Management, Exempt, and Unrepresented employees, to reflect specified changes. FISCAL IMPACT: The estimated annual cumulative cost of this action is $432,000 for FY 2018/19; $1.1 million for FY 2019/20; $1.5 million for FY 2020/21; and $2.2 million for FY 2021/22. For the 2020 year and beyond, projections are based on current enrollment and an average eight percent medical inflation cost each year. The out-year on-going annual cost is $2.5 million. BACKGROUND: Historically, the wages and benefits granted by the County to its department heads, managers, and unrepresented employees have paralleled the wages and benefits negotiated by the County with its various labor organizations. The Union Healthcare Coalition has recently negotiated contract extensions through June 30, 2022. The agreements include significantly enhanced healthcare subsidies for employees. The attached Resolution No. 2018/563, provides for enhanced healthcare subsidies to align unrepresented APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/04/2018 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Lisa Driscoll, County Finance Director (925) 335-1023 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 4, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: All County Departments (via County Administration), Robert Campbell, County Auditor-Controller, Dianne Dinsmore, Human Resources Director, Mary Ann McNett Mason, Chief Assistant County Counsel, Gail Strohl, Chief Executive Officer, CCERA D.11 To:Board of Supervisors From:David Twa, County Administrator Date:December 4, 2018 Contra Costa County Subject:Revised Management Benefits Resolution No. 2018/563, which Supersedes Resolution No. 2018/7 12-4-18 BOS Minutes 276 BACKGROUND: (CONT'D) > employees with the agreement bargained with the Coalition. The modifications described below modify and clarify the benefits for specified groups of unrepresented employees, and make technical non-substantive corrections and clarifications. The attached Management Benefits Resolution has been modified in the following ways: Section 2.11 Health Plan Coverages has been amended to update the lists of providers and health plans and address the availability of any replacement plans selected by the County and the Joint Labor Management Benefits Committee. 1. Section 2.12.1 Medical Plan Cost Sharing for Active Employees on and after January 1, 2019 was amended to provide that for the 2019 plan year, at least the premium increases for active eligible employees will be paid by the County. In 2020, the County will move to a percentage-based cost sharing approach for these medical premium subsidies. The County will pay up to 75% of the medical plan premium (by tier) for the second lowest priced non-deductible HMO plan, for all medical plans for the Employee only and Employee + 1 dependent tiers. This same formula will apply for the employee + 2 or more dependents tier, except that the County’s subsidy percentage will be up to 76.5%. In 2021, the County will pay up to 78.5 % of the medical plan premium (by tier) for the second lowest priced non-deductible HMO plan, for all medical plans and for all tiers, except as specified. Beginning in 2022 and thereafter, the County will pay up to 80% of the medical plan premium (by tier) for the second lowest priced non-deductible HMO plan, for all medical plans and for all tiers, except as specified. 2. Section 2.13 Retirement Coverage, subsection (a) (4) has been added to specify when employees who were eligible for County retiree health/dental plan monthly premium subsidies immediately prior to entering an unrepresented classification may retain eligibility for such subsidies. 3. Section 2.15, Health Plan Coverages and Provisions, subsection (a) was revised to state which employees are eligible for health coverage under Section 2 Health, Dental, and Related Benefits. Section 2.15, subsection (e) was amended to provide for annual County contributions to a Health Savings Account for active employees enrolled in a specified high deductible health plan and who have an HSA. 4. Section 2.16 Family Member Eligibility Criteria, subsection (b) “Dental Insurance” was amended to update the eligibility requirements for dependent dental insurance. 5. Section 13.11 Special Benefit for Permanent Employees Hired on and after January 1, 2009, subsection (b) was added to state which employees are eligible for the benefit. 6. Non-substantive modifications to names of County benefits, departments, job titles, and classification codes, to grammar, and/or updates to marital terminology were made to sections 2.13, subsections (b) (4), (c); 2.14, subsection (a); 2.23, subsection (b); section 6; section 29; and section 56. 7. CONSEQUENCE OF NEGATIVE ACTION: If the action is not approved, eligible, active unrepresented employees will not have access to enhanced 12-4-18 BOS Minutes 277 If the action is not approved, eligible, active unrepresented employees will not have access to enhanced healthcare benefit subsidies. AGENDA ATTACHMENTS Resolution No. 2018/563 Body of Management Resolution 2018-563 MINUTES ATTACHMENTS Signed Resolution No. 2018/563 12-4-18 BOS Minutes 278 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and for Special Districts, Agencies and Authorities Governed by the Board Adopted this Resolution on 12/04/2018 by the following vote: AYE:5 John Gioia Candace Andersen Diane Burgis Karen Mitchoff Federal D. Glover NO: ABSENT: ABSTAIN: RECUSE: Resolution No. 2018/563 In The Matter Of: Benefits and Other Compensation for County Elected and Appointed Department Heads, Management, Exempt, and Unrepresented Employees for the Period from January 1, 2019, and Until Further Order The Contra Costa County Board of Supervisors acting in its capacity as the governing board of the County of Contra Costa and the Board of Directors of the Contra Costa County Fire Protection District RESOLVES THAT: Effective January 1, 2019, and until further order of the Board, the Board adopts the attached program of compensation and benefits for County Elected and Appointed Department Heads, Management Employees, Exempt Employees, and Unrepresented Employees. Except for Resolution No. 2002/608 (excluding inconsistent provisions concerning the amount of employee contributions for retirement benefits), as amended, this Resolution supersedes all previous resolutions providing compensation and benefits for the employees listed herein, including but not limited to Resolution No. 2018/7. Unless expressly provided otherwise, this Resolution is subject to the provisions of resolutions providing general and pay equity salary adjustments, to the 1937 County Employees Retirement Act, and to the Public Employees’ Pension Reform Act. This Resolution is also subject to the Administrative Bulletins, the County Salary Regulations, and the County Personnel Management Regulations; however, to the extent this Resolution is inconsistent with any of these bulletins or regulations, the terms of this Resolution shall prevail. This Resolution does not authorize compensation and benefits for any employee who is represented by an employee organization with a Memorandum of Understanding. Management, Exempt, and Unrepresented employees include employees in Classified, Project, and Exempt classifications. Unless otherwise expressly provided, compensation and benefits under this Resolution are authorized only for permanent and project employees who work full-time or part-time, twenty (20) or more hours per week. The full text of this Resolution is attached. Also attached are the following exhibits and appendices: I. BENEFITS FOR MANAGEMENT, EXEMPT AND UNREPRESENTED EMPLOYEES are provided for those classes listed in Exhibit A. II. BENEFITS FOR MANAGEMENT AND EXEMPT EMPLOYEES are provided for those classes listed in Exhibit A, except for the classes listed in Exhibit B. III. BENEFITS FOR ELECTED AND APPOINTED DEPARTMENT HEADS are provided for those classes listed in Exhibit C. IV. SPECIAL BENEFITS FOR EMPLOYEES BY DEPARTMENT OR CLASS are provided as indicated in each section. V. DEPARTMENT HEADS AND THEIR CHIEF ASSISTANTS for purposes of Section 23 are listed in Exhibit D. VI. CALPERS HEALTH PLAN CLASSES for purposes of Section 2 are listed in Exhibit E. VII.BENEFITS FOR UNREPRESENTED TEMPORARY AND PER DIEM EMPLOYEES are provided in Appendix I and affected classifications are identified in Exhibits F and G. Contact: Lisa Driscoll, County Finance Director (925) 335-1023 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 4, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: All County Departments (via County Administration), Robert Campbell, County Auditor-Controller, Dianne Dinsmore, Human Resources Director, Mary Ann McNett Mason, Chief Assistant County Counsel, Gail Strohl, Chief Executive Officer, CCERA 12-4-18 BOS Minutes 279 12-4-18 BOS Minutes 280 TABLE OF CONTENTS Resolution No. 2018/563 I. Benefits for Management, Exempt, and Unrepresented Employees 1. Leaves With and Without Pay 1.10 Holidays (list of holidays observed by the County) 1.11 Definitions 1.12 Holidays Observed 1.13 Holidays - Flexible, Alternate, 9/80, and 4/10 Work Schedules 1.14 Holidays Observed- Part-Time Employees 1.15 No County Overtime Pay, Holiday Pay, or Comp Time 1.16 Personal Holiday Credit 1.17 Vacation 1.18 Sick Leave 1.19 Part-Time Employees 1.20 Family Care Leave 1.21 Leave Without Pay - Use of Accruals 1.22 Accrual Usage Reporting 2. Health, Dental, and Related Benefits 2.10 Application 2.A. Employees in Classifications Who Receive Health Care Coverage from County Plans 2.11 Health Plan Coverages 2.12 Monthly Premium Subsidy 2.12.1 Medical Plan Cost-Sharing for Active Employees On and After January 1, 2019 2.13 Retirement Coverage 2.14 Layoff and Other Loss of Coverage 2.15 Health Plan Coverages and Provisions 2.16 Family Member Eligibility Criteria 2.B. Employees in Classifications Who Receive Health Care Coverage from CalPERS 2.17 CalPERS Controls 2.18 Contra Costa Health Plan (CCHP) 2.19 CalPERS Medical Plan Monthly Premium Subsidy 2.20 CalPERS Retirement Coverage 2.21 CalPERS Premium Payments 2.22 Dental Plan - CalPERS Participants 12-4-18 BOS Minutes 281 2.C. All Employees 2.23 Dual Coverage 2.24 Life Insurance Benefit Under Health and Dental Plans 2.25 Supplemental Life Insurance 2.26 Catastrophic Leave Bank 2.27 Health Care Spending Account 2.28 PERS Long-Term Care 2.29 Dependent Care Assistance Program 2.30 Premium Conversion Plan 2.31 Voluntary Vision Plan 2.32 Prevailing Section 2.33 Health Benefit Access for Employees Not Otherwise Covered 3. Personal Protective Equipment 3.10 Safety Shoes 3.11 Safety Eyeglasses 4. Transportation Expense 4.10 Mileage Reimbursement 4.11 Commuter Benefit Program 5. Retirement Contributions 5.10 No County Subvention 5.11 414H2 Participation 6. PEPRA Retirement Plan 7. Training 7.10 Career Development Training Reimbursement 7.11 Management Development Policy 8. Bilingual Pay Differential 9. Higher Pay for Work in a Higher Classification 10. Workers’ Compensation and Continuing Pay 10.10 Waiting Period 10.11 Continuing Pay 10.12 Physician Visits 10.13 Labor Code §4850 Exclusion 12-4-18 BOS Minutes 282 11. Other Terms and Conditions of Employment 11.10 Overtime Exempt Exclusion 11.11 County Overtime 11.12 Pay Limitations 11.13 Length of Service Credits 11.14 Mirror Classifications 11.15 Deep Classes 11.16 Administrative Provisions 11.17 Timestamp II. Benefits for Management and Exempt Employees 12. Management Longevity Pay 12.10 Ten Years of Service 12.11 Fifteen Years of Service 13. Deferred Compensation 13.10 Deferred Compensation Incentive 13.11 Special Benefit for Permanent Employees Hired on and after January 1, 2009 13.12 No Cross Crediting 13.13 Maximum Annual Contribution 13.14 Eligibility for Loan Program 14. Annual Management Administrative Leave 15. Management Life Insurance 16. Vacation Buy Back 16.10 Employees Hired Before April 1, 2011 16.11 Employees Hired, Promoted, or Rehired On and After April 1, 2011 and In Specified Classifications 17. Professional Development Reimbursement 18. Sick Leave Incentive Plan 19. Computer Vision Care (CVC) Users Eye Examination 20. Long-Term Disability Insurance 12-4-18 BOS Minutes 283 III. Benefits for Elected and Appointed Department Heads 21. Executive Automobile Allowance 21.10 Elected Department Heads 21.11 Appointed Department Heads Appointed Prior to February 1, 2012 21.12 Appointed Department Head Appointed On and After February 1, 2012 21.13 Temporary Loss of Vehicle 22. Executive Life Insurance 23. Executive Professional Development Reimbursement 24. Appointed Department Heads 25. Elected Department Heads 26. Elected Department Head Benefits and Board of Supervisors Member Benefits 26.10 Elected Department Heads 26.11 Board of Supervisors Members IV. Special Benefits for Employees by Department or Class 27. Accounting Certificate Differential 28. Animal Services Search Warrant 29. Animal Services Uniform Allowance 30. Attorney State Bar Dues and Professional Development Reimbursement 30.10 State Bar Dues Reimbursement 30.11 Professional Development Reimbursement 30.12 Law School Student Loan Reimbursement Program 30.13 Eligible Classes 31. Attorney Management Administrative Leave and Additional Longevity Pay 31.10 Attorney Management Administrative Leave 31.11 Additional Longevity Pay at 20 Years of County Service 31.12 Eligible Classes 32. Assessor Education Differential 33. Certified Elections/Registration Administrator Certification Differential 34. District Attorney Inspectors Longevity Differential 12-4-18 BOS Minutes 284 35. District Attorney Inspector P.O.S.T. 36. District Attorney Investigator - Safety Employees Retirement Tiers; Contribution Toward Cost of Enhanced Retirement Benefit 36.10 Safety Tier A 36.11 Safety PEPRA Tier 36.12 Employees with more than 30 years of Service 36.13 Eligible Classes 37. Engineer Continuing Education Allowance 38. Engineer Professional Development Reimbursement 39. Library Department Holidays 40. Health Services Department On-Call Duty and Call Back Time 40.10 Eligible Classes 40.11 On Call Duty 40.12 Call Back Time 41. Reserved 42. Property Appraisers 42.10 Eligible Classes 42.11 Longevity Pay 42.12 Standards Division Differential 42.13 Probation Period 42.14 Educational Incentive 42.15 4/10 Summer Schedule 42.16 Life Insurance 42.17 Professional Development 42.18 Deferred Compensation Special Benefit 42.19 Personal Holiday Credit 42.20 Holidays Observed on Regular Day Off of Full-Time Employees on 4/10, 9/80, Flexible, and Alternate Work Schedule 42.21 State Disability Insurance 43. Probation- Longevity Differential 43.10 Longevity Pay at 20 Years of County Service 43.11 Eligible Classes 44. Probation - Safety Employees Retirement Tiers 44.10 Safety Tier A 12-4-18 BOS Minutes 285 44.11 Safety PEPRA Tier 44.12 Eligible Classes 45. Real Property Agent Advanced Certificate Differential 46. Sheriff Sworn Management P.O.S.T. 47. Sheriff Continuing Education Allowance 48. Sheriff Emergency Services Standby Differential 49. Sheriff Law Enforcement Longevity Differential 49.10 15 Years of Sworn County Service 49.11 20 Years of Sworn County Service 50. Sheriff Uniform Allowance 51. Sheriff - Detention Division Meals 52. Sheriff - Safety Employees Retirement Tiers 52.10 Safety Tier A 52.11 Safety Tier C 52.12 Safety PEPRA Tier 52.13 Employees with more than 30 years of Service 52.14 Retirement Tier Elections 52.15 Eligible Classes 53. Safety Employees Retirement Tiers (Miscellaneous Safety Classifications) Benefit 53.10 Safety Tier A 53.11 Safety PEPRA Tier 53.12 Eligible Classes 54. Treasurer-Tax Collector Professional Development Differential 55. Executive Assistant to the County Administrator Differential 56. Countywide Accounting Differential V. Temporary and Per Diem Employees Excluded [end] 12-4-18 BOS Minutes 286 I. BENEFITS FOR MANAGEMENT, EXEMPT, AND UNREPRESENTED EMPLOYEES 1. Leaves With and Without Pay 1.10 Holidays: The County will observe the following holidays during the term covered by this Resolution: New Year’s Day Labor Day Martin Luther King Jr. Day Veterans’ Day Presidents’ Day Thanksgiving Day Memorial Day Day after Thanksgiving Independence Day Christmas Day Such other days as the Board of Supervisors may designate by Resolution as holidays. Any holiday observed by the County that falls on a Saturday is observed on the preceding Friday and any holiday that falls on a Sunday is observed on the following Monday. For employees who work in twenty-four (24) hour facilities and who may be assigned to work on a holiday, any holiday that falls on a Saturday will be observed on a Saturday, and any holiday that falls on a Sunday will be observed on a Sunday. 1.11 Definitions: Regular Work Schedule: The regular work schedule is eight (8) hours per day, Monday through Friday, inclusive, for a total of forty (40) hours per week. Flexible Work Schedule: A flexible work schedule is any schedule that is not a regular, alternate, 9/80, or 4/10 work schedule and where the employee is not scheduled to work more than 40 hours in a “workweek” as defined below. Alternate Work Schedule: An alternate work schedule is any work schedule where the employee is regularly scheduled to work five (5) days per week, but the employee’s regularly scheduled days off are NOT Saturday and Sunday. 4/10 Work Schedule: A 4/10 work schedule is four (4) ten hour days in a seven (7) day period, for a total of forty (40) hours per week. 9/80 Work Schedule: A 9/80 work schedule is where an employee works a recurring schedule of thirty six (36) hours in one calendar week and forty four (44) hours in the next calendar week, but only forty (40) hours in the designated workweek. In the thirty six hour (36) calendar week, the 12-4-18 BOS Minutes 287 employee works four (4) nine (9) hour days and has the same day of the week off that is worked for eight (8) hours in the forty four (44) hour calendar week. In the forty four (44) hour calendar week, the employee works four (4) nine (9) hour days and one eight (8) hour day. Requirements for the evaluation, authorization, and implementation of 9/80 work schedules are set forth in Administrative Bulletin 435. Workweek for Employees on Regular, Flexible, Alternate, and 4/10 Schedules: For employees on regular, flexible, alternate, and 4/10 schedules, the workweek begins at 12:01 a.m. on Monday and ends at 12 midnight on Sunday. For employees who work in a twenty-four (24) hour facility in the Contra Costa Regional Medical Center and who are not on a 9/80 work schedule, the workweek begins at 12:01 a.m. Sunday and ends at 12:00 midnight on Saturday. Workweek for Employees on a 9/80 Schedule: The 9/80 workweek begins on the same day of the week as the employee’s eight (8) hour work day and regularly scheduled 9/80 day off. The start time of the workweek is four (4) hours and one (1) minute after the start time of the eight (8) hour work day. The end time of the workweek is four (4) hours after the start time of the eight (8) hour work day. The result is a workweek that is a fixed and regularly recurring period of seven (7) consecutive twenty four (24) hour periods (168 hours). 1.12 Holidays Observed: Employees are entitled to observe a holiday (day off work), without a reduction in pay, whenever a holiday is observed by the County. 1.13 Holidays - Flexible, Alternate, 9/80, and 4/10 Work Schedules: When a holiday falls on the regularly scheduled day off of any employee who is on a flexible, alternate, 9/80, or 4/10 work schedule, the employee is entitled to take the day off, without a reduction in pay, in recognition of the holiday. These employees are entitled to request another day off in recognition of their regularly scheduled day off. The requested day off must be within the same month and workweek as the holiday and it must be pre-approved by the employee’s supervisor. If the day off is not approved by the supervisor, it is lost. If the approved day off is a nine (9) hour workday, the employee must use one (1) hour of non-sick-leave accruals. If the approved day off is a ten (10) hour workday, the employee must use two (2) hours of non-sick-leave accruals. If the employee does not have any non-sick-leave accrual balances, leave without pay (AWOP) will be authorized. 1.14 Holiday Observed - Part-Time Employees: When a holiday is observed by the County, each part-time employee is entitled to observe the holiday in the same ratio as his/her number of position hours bears to forty (40) hours, multiplied by 8 hours, without a reduction in pay. For example, a part-time 12-4-18 BOS Minutes 288 employee whose position hours are 24 per week is entitled to 4.8 hours off work on a holiday (24/40 multiplied by 8=4.8). Hereafter, the number of hours produced by this calculation will be referred to as the “part-time employee’s holiday hours.” When the number of hours in a part-time employee’s scheduled work day that falls on a holiday (“scheduled work hours”) is less than the employee’s part- time employee’s holiday hours, the employee also is entitled to receive flexible pay at the rate of one (1.0) times his/her base rate of pay (not including differentials) for the difference between the employee’s scheduled work hours and the employee’s part-time employee’s holiday hours. When the number of hours in a part-time employee’s scheduled work day that falls on a holiday (scheduled work hours) is more than the employee’s part- time employee’s holiday hours, the employee must use non-sick leave accruals for the difference between the employee’s scheduled work hours and the employee’s part-time employee’s holiday hours. If the employee does not have any non-sick leave accrual balances, leave without pay (AWOP) will be authorized. 1.15 No County Overtime Pay, Holiday Pay, or Comp Time: Unrepresented, management, and exempt employees are not entitled to receive County overtime pay, holiday pay, overtime compensatory time, or holiday compensatory time. Employees who are unable or not permitted to observe a holiday (take the day off), are authorized to receive overtime pay ONLY IF the employee is on the Overtime Exempt Exclusion List (see Section 11). The prohibition against County overtime pay in this section does not preclude payment of FLSA overtime to eligible employees as required by law. 1.16 Personal Holiday Credit: Employees are entitled to accrue two (2) hours of personal holiday credit each month. This time is prorated for part time employees. No employee may accrue more than forty (40) hours of personal holiday credit. On separation from County service, employees are paid for any unused personal holiday credit hours at the employee’s then current rate of pay, up to a maximum of forty (40) hours. 1.17 Vacation: Employees are entitled to accrue paid vacation credit not to exceed the maximum cumulative hours as follows: Length of Service Monthly Accrual Hours Maximum Cumulative Hours Under 11 years 10 240 11 years 10-2/3 256 12-4-18 BOS Minutes 289 12 years 11-1/3 272 13 years 12 288 14 years 12-2/3 304 15 through 19 years 13-1/3 320 20 through 24 years 16-2/3 400 25 through 29 years 20 480 30 years and up 23-1/3 560 However, for the Director of Employment and Human Services (job code XAA2, County Welfare Director) only, the monthly accrual amount is 12 hours for the first 13 years of County service and the maximum cumulative hours is 240 for the first 11 years of County service. Thereafter, the Director is subject to the maximums set forth in the above chart. Each employee is eligible to accrue increased vacation hours on the first day of the month following the employee’s Service Award Date. An employee’s Service Award Date is the first day of his/her temporary, provisional, or permanent appointment to a position in the County. If an employee is first appointed to a temporary or provisional position and then later appointed to a permanent position, the Service Award Date for that employee is the date of the first day of the temporary or provisional appointment. 1.18 Sick Leave: Employees are entitled to accrue paid sick leave credit in accordance with the provisions of the County Salary Regulations and Adm inistrative Bulletin No. 411.8 (Sick Leave Policy) as periodically amended. 1.19 Part-Time Employees: Part-time employees are entitled to accrue paid vacation and sick leave credit on a pro-rata basis. 1.20 Family Care Leave: The provisions of Section 1006.3 of the Personnel Management Regulations and Resolution No. 94/416, as amended, relating to Leaves of Absence and Family Care Medical Leave apply to all employees covered by this Resolution, except that such employees are not entitled to Family Care or Medical Leave on a calendar year basis. Instead, such employees are entitled to at least eighteen (18) weeks of leave in a “rolling” twelve (12) month period, which period is to be measured backward from the date the employee uses FMLA leave. Upon the birth or adoption of a child, an employee eligible for baby-bonding leave pursuant to the California Family Rights Act may use sick leave credits for such baby-bonding leave. 12-4-18 BOS Minutes 290 1.21 Leave Without Pay - Use of Accruals: The provisions of Section 1006.6 of the Personnel Management Regulations, as amended, relating to the use of accruals while on leave without pay, apply to all employees covered by this Resolution. 1.22 Accrual Usage Reporting: Employees must report the use of accruals in one minute increments. 2. Health, Dental, and Related Benefits 2.10 Application: a. Employees in classifications who receive health care coverage from County Plans: The following Sections apply to employees in classifications covered by this Resolution who receive health care coverage from County Plans and do not receive health plan coverage through CalPERS: Section 2.11 “Health Plan Coverages,” Section 2.12, “Monthly Premium Subsidy,” Section 2.12.1 “Medical Plan Cost-Sharing on and after January 1, 2016,” Section 2.13 “Retirement Coverage,” Section 2.14 “Layoff and Other Loss of Coverage,” Section 2.15 “Health Plan Coverages and Provisions,” and Section 2.16 “Family Member Eligibility Criteria.” b. Employees in classifications who receive health care coverage from CalPERS: The following Sections apply to employees in the classifications listed in Exhibit E: Section 2.17 “CalPERS Controls,” Section 2.18 “Contra Costa Health Plan (CCHP),” Section 2.19 “CalPERS Health Plan Monthly Premium Subsidy,” Section 2.20 “CalPERS Retirement Coverage,” Section 2.21 “CalPERS Premium Payments,” and Section 2.22 “Dental Plan - CalPERS Participants.” c. General provisions: The following Sections apply to employees in all the classifications covered by this Resolution: Section 2.23 “ Dual Coverage,” Section 2.24 “Life Insurance Benefit Under Health and Dental Plans,” Section 2.25 “Supplemental Life Insurance,” Section 2.26 “Catastrophic Leave Bank,” Section 2.27 “Health Care Spending Account,” Sections 2.28 “PERS Long-Term Care,” Section 2.29 “Dependent Care Assistance Program,” Section 2.30 “Premium Conversion Plan,” Section 2.31 “Voluntary Vision Plan,” Section 2.32 “Prevailing Section,” and Section 2.33 “Health Benefit Access for Employees Not Otherwise Covered.” 2.A. Employees In Classifications Who Receive Medical & Dental Coverage From County Plans 2.11 Health Plan Coverages: 12-4-18 BOS Minutes 291 a. The County will provide the medical and dental coverage for Management, Exempt, and Unrepresented employees and for their eligible family members, expressed in one of the Medical Plan contracts and one of the Dental Plan contracts between the County and the following providers: 1. Contra Costa Health Plans (CCHP) 2. Kaiser Permanente Health Plan 3. Health Net 4. Delta Dental Medical Plans: The employees will have access to the following medical plans: 1. CCHP Plan A & Plan B 2. Kaiser Permanente Plan A & Plan B 3. Health Net HMO Plan A & Plan B 4. Health Net PPO Plan A 5. Kaiser High Deductible Health Plan b. In the event that one of the medical plans listed above meets the criteria for a high cost employer-sponsored health plan that may be subject to an excise penalty (a.k.a. Cadillac Tax) under the federal Patient Protection and Affordable Care Act (“ACA”) (42 U.S.C. § 18081), such plan(s) will be eliminated for all employees. In the event that the Joint Labor Management Benefits Committee (JLMBC) and the County agree to replace any of the providers or plans listed above with an alternate provider or plan, the replacement plan will be available for the employees on the same date that the replacement plan is available for members of the JLMBC. 2.12 Monthly Premium Subsidy: a. The monthly premium subsidy in effect on January 1, 2015, for each medical and/or dental plan, is a set dollar amount and is not a percentage of the premium charged by the plan. The County will pay the following monthly premium subsidy: 12-4-18 BOS Minutes 292 b. If the County contracts with a medical or dental plan that is not listed above, the County will determine the monthly dollar premium subsidy that it will pay to that health plan for employees and their eligible family members. c. In the event that the County premium subsidy amounts are greater than one hundred percent (100%) of the applicable premium of any medical or dental plan, for any plan year, the County’s contribution will not exceed one hundred percent (100%) of the applicable plan premium. 2.12.1 Medical Plan Cost Sharing for Active Employees on and after January 1, 2019 a. Medical Plan Cost-Sharing for Active Employees for the 2019 Plan Year. For active employees for the plan year that begins on January 1, 2019, the County will pay the monthly premium subsidy for medical plans, stated below: Medical Plans Employee Employee +1 Dependent Employee +2 or More Dependents Contra Costa Health Plans (CCHP), Plan A $641.65 $1,271.99 $1,980.17 Contra Costa Health Plans (CCHP), Plan B $672.58 $1,314.95 $2,106.48 Kaiser Permanente Health Plan A $600.00 $1,200.00 $1,825.00 Kaiser Permanente Health Plan B $600.00 $1,200.00 $1,825.00 Health Net HMO Plan A $986.18 $1,765.02 $3,230.62 Health Net HMO Plan B $882.34 $1,720.86 $2,721.74 Health Net PPO Plan A $1,226.79 $2,109.72 $4,251.97 Kaiser High Deductible Health Plan $559.68 $1,119.36 $1,679.04 b. Medical Plan Cost-Sharing for Active Employees on and after January 1, 2020. Health & Dental Plans Employee Employee +1 Dependent Employee +2 or More Dependents Contra Costa Health Plans (CCHP), Plan A $509.92 $1,214.90 $1,214.90 Contra Costa Health Plans (CCHP), Plan B $528.50 $1,255.79 $1,255.79 Kaiser Permanente Health Plans $478.91 $1,115.84 $1,115.84 Health Net HMO Plans $627.79 $1,540.02 $1,540.02 Health Net PPO Plans $604.60 $1,436.25 $1,436.25 Kaiser High Deductible Health Plan $478.91 $1,115.84 $1,115.84 Delta Dental PPO with CCHP A or B $41.17 $93.00 $93.00 Delta Dental PPO with Kaiser or Health Net $34.02 $76.77 $76.77 Delta Dental PPO without a Health Plan $43.35 $97.81 $97.81 DeltaCare HMO with CCHP A or B $25.41 $54.91 $54.91 DeltaCare HMO with Kaiser or Health Net $21.31 $46.05 $46.05 DeltaCare HMO without a Health Plan $27.31 $59.03 $59.03 12-4-18 BOS Minutes 293 1. For active employees for the plan year that begins on January 1, 2020, the County will move to a percentage-based cost sharing approach for medical care premium subsidies. The County will pay seventy-five percent (75%) of the total medical plan premium for the Employee and Employee + 1 Dependent tiers of the second lowest priced non- deductible HMO plan. The County will pay seventy-six and one half percent (76.5%) of the total medical plan premium for the Employee + 2 or more Dependents tier of the second lowest price non-deductible HMO plan. These annual calculated dollar amounts will be applied to all plans and tiers as described. 2. For active employees for the plan year that begins on January 1, 2021, the County will pay seventy-eight and one half percent (78.5%) of the total medical plan premium for each tier of the second lowest priced non-deductible HMO plan. This annual calculated amount will be applied to all plans and tiers, except Kaiser Permanente Health Plan B. 3. For active employees for the plan year that begins on January 1, 2022, and each year thereafter, the County will pay eighty percent (80%) of the total medical plan premium for each tier of the second lowest priced non-deductible HMO plan. This annual calculated amount will be applied to all plans and tiers, except Kaiser Permanente Health Plan B. 4. For active employees for the plan year that begins on January 1, 2021, and each year thereafter, for the Kaiser Permanente Health Plan B, employees will pay at least the following share of the total medical plan premium: Kaiser Permanente Health Plan B Employee Monthly Premium Cost Employee $20.00 Employee +1 Dependent $40.00 Employee + 2 or More Dependents $60.00 5. In the event of a reduction in the premium for the second lowest priced non-deductible HMO plan, the County will pay the premium subsidy for medical plans that the County paid in the previous plan year. 2.13 Retirement Coverage: a. Upon Retirement: 1. Upon retirement and for the term of this resolution, eligible employees and their eligible family members may remain in their County 12-4-18 BOS Minutes 294 health/dental plan, but without County-paid life insurance coverage, if immediately before their proposed retirement the employees and dependents are either active subscribers to one of the County contracted health/dental plans or if while on authorized leave of absence without pay, they have retained continuous coverage during the leave period. The County will pay the health/dental plan monthly premium subsidies set forth in Section 2.12, subsection (a) for eligible retirees and their eligible family members. 2. Any person who becomes age 65 on or after January 1, 2009 and who is eligible for Medicare must immediately enroll in Medicare Parts A and B. 3. For employees hired on or after January 1, 2009 and their eligible family members, no monthly premium subsidy will be paid by the County for any health or dental plan after they separate from County employment. However, any such eligible employee who retires under the Contra Costa County Employees’ Retirement Association (“CCCERA”) may retain continuous coverage of a county health and/or dental plan provided that (I) he or she begins to receive a monthly retirement allowance from CCCERA within 120 days of separation from County employment and (ii) he or she pays the full premium cost under the health and/or dental plan without any County premium subsidy. This provision does not apply to any member of the Board of Supervisors who was a County employee when elected to the Board of Supervisors with a County employee hire date that is earlier than January 1, 2009. 4. If an employee was eligible for a retiree health/dental plan monthly premium subsidy from the County immediately prior to entering into an unrepresented classification (no break in service), the employee will be deemed covered by section 2.13 subsection (a) (1), above. b. Employees Who File For Deferred Retirement: Employees, who resign and file for a deferred retirement and their eligible family members, may continue in their County group health and/or dental plan under the following conditions and limitations. 1. Health and dental coverage during the deferred retirement period is totally at the expense of the employee, without any County contributions. 2. Life insurance coverage is not included. 3. To continue health and dental coverage, the employee must: 12-4-18 BOS Minutes 295 i. be qualified for a deferred retirement under the 1937 Retirement Act provisions; ii. be an active member of a County group health and/or dental plan at the time of filing their deferred retirement application and elect to continue plan benefits; iii. be eligible for a monthly allowance from the Retirement System and direct receipt of a monthly allowance within twenty-four (24) months of application for deferred retirement; and iv. file an election to defer retirement and to continue health benefits hereunder with the County Benefits Division within thirty (30) days before separation from County service. 4. Deferred retirees who elect continued health benefits hereunder and their eligible family members may maintain continuous membership in their County health and/or dental plan group during the period of deferred retirement by paying the full premium for health and dental coverage on or before the 10th of each month, to the Contra Costa County Human Resources Department-Employee Benefits Division. When the deferred retirees begin to receive retirement benefits, they will qualify for the same health and/or dental coverage pursuant to subsection (a) above, as similarly situated retirees who did not defer retirement. 5. Deferred retirees may elect retiree health benefits hereunder without electing to maintain participation in their County health and/or dental plan during their deferred retirement period. When they begin to receive retirement benefits, they will qualify for the same health and/or dental coverage pursuant to subsection (a) above, as similarly situated retirees who did not defer retirement, provided reinstatement to a County group health and/or dental plan will only occur following a three (3) full calendar month waiting period after the month in which their retirement allowance commences. 6. Employees who elect deferred retirement will not be eligible in any event for County health and/or dental plan subvention unless the member draws a monthly retirement allowance within twenty-four (24) months after separation from County service. 7. Deferred retirees and their eligible family members are required to meet the same eligibility provisions for retiree health/dental coverage as similarly situated retirees who did not defer retirement. 8. This subsection (b) “Employees Who File for Deferred Retirement” 12-4-18 BOS Minutes 296 does not apply to any employee in any classification listed in Exhibit E. c. Employees Hired After December 31, 2006 - Eligibility for Retiree Health Coverage: Employees hired after December 31, 2006 are eligible for retiree health/dental coverage pursuant to subsections (a) and (b), above, upon completion of fifteen (15) years of service as an employee of Contra Costa County. For purposes of retiree health eligibility, one year of service is defined as one thousand (1,000) hours worked within one anniversary year. The existing method of crediting service while an employee is on an approved leave of absence will continue for the duration of this Resolution. d. Subject to the provisions of Section 2.13, subsections (a), (b), and (c), and upon retirement and for the term of this resolution, the following employees (and their eligible family members) are eligible to receive a monthly premium subsidy for health and dental plans or are eligible to retain continuous coverage of such plans: County Elected and Appointed Department Heads, Management Employees, Exempt Employees, Unrepresented Employees, and each employee who retired from a position or classification that was unrepresented at the time of his or her retirement. e. For purposes of this Section 2.13 only, “eligible family members” does not include Survivors of employees or retirees. 2.14 Layoff and Other Loss of Coverage: a. If a married couple works for the County and one (1) spouse is laid off, the remaining employee, if eligible, will be allowed to enroll or transfer into the health and/or dental coverage combination of his/her choice. b. An eligible employee who loses medical or dental coverage through a spouse or partner not employed by the County will be allowed to enroll or transfer into the County health and/or dental plan of his/her choice within thirty (30) days of the date coverage is no longer afforded under the spouse’s plan. 2.15 Health Plan Coverages and Provisions: The following provisions are applicable to County Health and Dental Plan participation: a. Health, Dental and Life Participation by Other Employees: Except as provided in Section 2.33 “Health Benefit Access for Employees Not Otherwise Covered,” Section 2, “Health, Dental, and Related Benefits” does not apply to employees who work less than twenty (20) hours per week. 12-4-18 BOS Minutes 297 b. Employee Contribution Deficiencies: The County’s contributions to the Health Plan and/or Dental Plan premiums are payable for any month in which the employee is paid. If an employee’s compensation in any month is not sufficient to pay the employee share of the premium, the employee must make up the difference by remitting the unpaid amount to the Auditor-Controller. The responsibility for this payment rests solely with the employee. c. Leave of Absence: The County will continue to pay the County shares of health and/or dental plan premiums for enrolled employees who are on an approved paid or unpaid leave of absence for a period of thirty (30) days or more provided the employee’s share of the premiums is paid by the employee. d. Coverage Upon Separation: An employee who separates from County employment is covered by his/her County health and/or dental plan through the last day of the month in which he/she separates. Employees who separate from County employment may continue group health and/or dental plan coverage to the extent provided by the COBRA laws and regulations. e. Health Savings Account: 1. Beginning no earlier than the 2017 plan year, active permanent full- time and active permanent part-time employees who are enrolled in the Kaiser High Deductible Health Plan may elect to enroll in a Health Savings Account (HSA). Employees may contribute up to the maximum annual contribution rate for HSAs as set forth in the United States Internal Revenue Code. Funds contributed to the HSA are invested as directed by the employee. The County does not provide any recommendations or advice on investment or use of HSA funds. Employees are responsible for paying any HSA account management fees charged by the HSA administrator. The County does not manage or administer the HSA. The HSA is not available to temporary or permanent-intermittent employees. 2. For the 2019 Plan Year, the County will make a one-time contribution of five hundred dollars ($500) into the HSA for active employees employed as of January 1, 2019, who are enrolled in the Kaiser Permanente High Deductible Health Plan for the 2019 plan year and who have an HSA. The contribution will be made with the February 10, 2019 pay. 3. For the 2020 Plan Year and each year thereafter, the County will contribute six hundred and twenty-five dollars ($625) annually into the HSA for active employees employed as of January 1 who are enrolled 12-4-18 BOS Minutes 298 in the Kaiser Permanente High Deductible Health Plan and have an HSA. The contribution will be made with the February 10 pay for the plan year. 2.16 Family Member Eligibility Criteria: The following persons may be enrolled as the eligible Family Members of a medical and/or dental plan Subscriber: a. Health Insurance 1. Eligible Dependents: i. Employee’s legal spouse ii. Employee’s qualified domestic partner iii. Employee’s child to age 26 iv. Employee’s disabled child who is over age 26, unmarried, and incapable of sustaining employment due to a physical or mental disability that existed prior to the child’s attainment of age 19. 2. “Employee’s child” includes natural child, step-child, adopted child, child of a qualified domestic partner, and a child specified in a Qualified Medical Child Support Order (QMCSO) or similar court order. b. Dental Insurance 1. Eligible Dependents – All dental plans: i. Employee’s legal spouse ii. Employee’s qualified domestic partner iii. Employee’s disabled child who is over age 19, unmarried, and incapable of sustaining employment due to a physical or mental disability that existed prior to the child’s attainment of age 19. 2. Delta Dental PPO Only – Employee’s unmarried child who is: i. Under age 19; or ii. Age 19, or above, but under age 24; and A. Resides with the Employee for more than 50% of the year excluding time living at school; and, B. Receives at least 50% of support from Employee; and C. Is enrolled and attends school on a full-time basis, as defined by the School. 3. Delta Care HMO Only – Employee’s Child to age 26. 4. “Employee’s child” includes natural child, step-child, adopted child, child of a qualified domestic partner, and a child specified in a Qualified Medical Child Support Order (QMCSO) or similar court order. 12-4-18 BOS Minutes 299 2.B. Employees In Classifications Who Receive Health Care Coverage From CalPERS 2.17 CalPERS Controls: The CalPERS health care program, as regulated by the Public Employees’ Medical and Hospital Care Act (PEMHCA), regulations issued pursuant to PEMHCA, and the administration of PEMHCA by CalPERS, controls on all medical plan issues for employees who receive medical care coverage from CalPERS, including, but not limited to, eligibility, benefit plans, benefit levels, minimum premium subsidies, and costs. 2.18 Contra Costa Health Plan (CCHP): Because CCHP has met the minimum standards required under PEMHCA and is approved as an alternative CalPERS plan option, employees and COBRA counterparts may elect to enroll in CCHP under the CalPERS plan rules and regulations. 2.19 CalPERS Medical Plan Monthly Premium Subsidy: The County’s subsidy to the CalPERS monthly medical plan premiums is as provided below. The employee must pay any CalPERS medical plan premium costs that are greater than the County’s subsidies identified below. a. County Medical Plan Premium Subsidy: 1. Beginning on January 1, 2010, and until December 31, 2016, the amount of the County premium subsidy that is paid for employees and eligible family members is a set dollar amount and is not a percentage of the premium charged by the plan. The County will pay the CalPERS statutory minimum employer monthly medical plan premium subsidy or the following monthly medical plan premium subsidy, whichever is greater: Employee/Retiree/Survivor Only $472.57 Employee/Retiree/Survivor & One Dependent $945.13 Employee/Retiree/Survivor & Two or more Dependents $1228.67 2. Beginning on January 1, 2017, the County premium subsidies that are paid for employees and eligible family members will be the same subsidies that the County pays by plan and tier for members of the Deputy Sheriffs Association Management Unit in accordance with the Memorandum of Understanding between the County and the Association. b. In the event that the County medical plan premium subsidy amounts are 12-4-18 BOS Minutes 300 greater than one hundred percent (100%) of the applicable premium of any plan, for any plan year, the County’s contribution will not exceed one hundred percent (100%) of the applicable plan premium. 2.20 CalPERS Retirement Coverage: Government Code section 22892 applies to all employees in those classifications listed in Exhibit E. 2.21 CalPERS Premium Payments: Employee participation in any CalPERS medical plan is contingent upon the employee authorizing payroll deduction by the County of the employee’s share of the premium cost. If an employee’s compensation in any month (including during a leave of absence) is not sufficient to pay the employee’s share of the premium, the employee must pay the difference to the Auditor-Controller. The responsibility for this payment rests solely with the employee. 2.22 Dental Plan - CalPERS Participants: a. Employees in the classifications listed in Exhibit E may participate in any available County Group Dental Plan. The County may change dental plan providers at any time during the term of this resolution. b. Dental Plan Monthly Premium Subsidy: On and after January 1, 2010, the provisions of Section 2.12 “Monthly Premium Subsidy,” relating to the County subsidies for dental coverage, apply to all classifications listed in Exhibit E. c. As to dental coverage only, the following Sections apply to all classifications listed in Exhibit E: Section 2.13 “Retirement Coverage,” Section 2.14 “Layoff and Other Loss of Coverage,” Section 2.15 “Health Plan Coverages and Provisions,” and Section 2.16 “Family Member Eligibility Criteria.” 2.C. All Employees 2.23 Dual Coverage: a. Each employee and retiree may be covered by only a single County health (or dental) plan, including a CalPERS plan. For example, a County employee may be covered under a single County health and/or dental plan as either the primary insured or the dependent of another County employee or retiree, but not as both the primary insured and the dependent of another County employee or retiree. b. All dependents, as defined in Section 2.16, Family Member Eligibility Criteria, may be covered by the health and/or dental plan of only one spouse or one domestic partner. For example, when both parents are 12-4-18 BOS Minutes 301 County employees, all of their eligible children may be covered as dependents of either parent, but not both. c. For purposes of this Section 2.23 only, “County” includes the County of Contra Costa and all special districts governed by the Board of Supervisors, including but not limited to, the Contra Costa County Fire Protection District. 2.24 Life Insurance Benefit Under Health and Dental Plans: For employees who are enrolled in the County’s program of medical or dental coverage as either the primary or the dependent, term life insurance in the amount of ten thousand dollars ($10,000) will be provided by the County. 2.25 Supplemental Life Insurance: In addition to the life insurance benefits provided by this resolution, employees may subscribe voluntarily and at their own expense for supplemental life insurance. Employees may subscribe for an amount not to exceed five hundred thousand dollars ($500,000), of which one hundred thousand ($100,000) is a guaranteed issue, provided the election is made within the required enrollment periods. 2.26 Catastrophic Leave Bank: All employees are included in the Catastrophic Leave Bank and may designate a portion of accrued vacation, compensatory time, holiday compensatory time, or personal holiday credit to be deducted from the donor’s existing balances and credited to the bank or to a specific eligible employee. a. The County Human Resources Department operates a Catastrophic Leave Bank which is designed to assist any County employee who has exhausted all paid accruals due to a serious or catastrophic illness, injury, or condition of the employee or family member. The program establishes and maintains a Countywide bank wherein any employee who wishes to contribute may authorize that a portion of his/her accrued vacation, compensatory time, holiday compensatory time or personal holiday credit be deducted from those account(s) and credited to the Catastrophic Leave Bank. Employees may donate hours either to a specific eligible employee or to the bank. Upon approval, credits from the Catastrophic Leave Bank may be transferred to a requesting employee’s sick leave account so that employee may remain in paid status for a longer period of time, thus partially ameliorating the financial impact of the illness, injury or condition. Catastrophic illness or injury is defined as a critical medical condition, a long-term major physical impairment or disability that manifests itself during employment. b. The plan is administered under the direction of the Director of Human Resources. The Human Resources Department is responsible for receiving and recording all donations of accruals and for initiating transfer 12-4-18 BOS Minutes 302 of credits from the Bank to the recipient’s sick leave account. Disbursement of accruals is subject to the approval of a six (6) member committee composed of three (3) members appointed by the County Administrator and three (3) members appointed by the majority representative employee organizations. The committee will meet once a month, if necessary, to consider all requests for credits and will make determinations as to the appropriateness of the request. The committee will determine the amount of accruals to be awarded for employees whose donations are non-specific. Consideration of all requests by the committee will be on an anonymous requester basis. c. Hours transferred from the Catastrophic Leave Bank to a recipient will be in the form of sick leave accruals and will be treated as regular sick leave accruals. d. To receive credits under this plan, an employee must have permanent status, have exhausted all time off accruals to a level below eight (8) hours total, have applied for a medical leave of absence, and have medical verification of need. e. Donations are irrevocable unless the donation to the eligible employee is denied. Donations may be made in hourly blocks with a minimum donation of not less than four (4) hours from balances in the vacation, holiday, personal holiday, compensatory time or holiday compensatory time accounts. Employees who elect to donate to a specific individual will have seventy-five percent (75%) of their donation credited to the individual and twenty-five percent (25%) credited to the Catastrophic Leave Bank. f. Time donated will be converted to a dollar value and the dollar value will be converted back to sick leave accruals at the recipient’s base hourly rate when disbursed. Credits will not be on a straight hour-for-hour basis. All computations will be on a standard 173.33 basis, except that employees on other than a forty (40) hour week will have hours prorated according to their status. g. Each recipient is limited to a total of one thousand forty (1040) hours or its equivalent per catastrophic event; each donor is limited to one hundred twenty (120) hours per calendar year. h. All appeals from either a donor or recipient will be resolved on a final basis by the Director of Human Resources. i. No employee has any entitlement to catastrophic leave benefits. The award of Catastrophic Leave is at the sole discretion of the committee, both as to amounts of benefits awarded and as to persons awarded benefits. Benefits may be denied, or awarded for less than six (6) 12-4-18 BOS Minutes 303 months. The committee may limit benefits in accordance with available contributions and choose from among eligible applicants on an anonymous basis those who will receive benefits, except for hours donated to a specific employee. In the event a donation is made to a specific employee and the committee determines the employee does not meet the Catastrophic Leave Bank criteria, the donating employee may authorize the hours to be donated to the bank or returned to the donor’s account. j. Any unused hours transferred to a recipient will be returned to the Catastrophic Leave Bank. 2.27 Health Care Spending Account: After six (6) months of permanent employment, full time and part time (20/40 or greater) employees may elect to participate in a Health Care Spending Account (HCSA) Program designated to qualify for tax savings under Section 125 of the Internal Revenue Code, but such savings are not guaranteed. The HCSA Program allows employees to set aside a predetermined amount of money from their pay, before taxes, for health care expenses not reimbursed by any other health benefit plans. HCSA dollars may be expended on any eligible medical expenses allowed by Internal Revenue Code Section 125. Any unused balance is forfeited and cannot be recovered by the employee. 2.28 PERS Long-Term Care: The County will deduct and remit monthly premiums to the PERS Long-Term Care Administrator for employees who are eligible and voluntarily elect to purchase long-term care at their personal expense through the PERS Long-Term Care Program. 2.29 Dependent Care Assistance Program: The County will continue to offer the option of enrolling in a Dependent Care Assistance Program (DCAP) designed to qualify for tax savings under Section 129 of the Internal Revenue Code, but such savings are not guaranteed. The program allows employees to set aside up to five thousand dollars ($5,000) of annual salary (before taxes) per calendar year to pay for eligible dependent care (child and elder care) expenses. Any unused balance is forfeited and cannot be recovered by the employee. 2.30 Premium Conversion Plan: The County will continue to offer the Premium Conversion Plan (PCP) designed to qualify for tax savings under Section 125 of the Internal Revenue Code, but tax savings are not guaranteed. The program allows employees to use pre-tax dollars to pay health and dental premiums. 2.31 Voluntary Vision Plan: Beginning no earlier than the 2017 plan year, active permanent full-time and active permanent part-time employees will be offered the opportunity to enroll in a voluntary vision plan. Employees will pay the full 12-4-18 BOS Minutes 304 premium costs of the plan. The County will contract with a provider for a voluntary vision plan with no co-pays. The vision plan is not available to temporary or permanent-intermittent employees. 2.32 Prevailing Section: To the extent that any provision of this Section (Section 2. Health, Dental, and Related Benefits) is inconsistent with any provision of any other County enactment or policy, including but not limited to Administrative Bulletins, the Salary Regulations, the Personnel Management Regulations, or any other resolution or order of the Board of Supervisors, the provision(s) of this Section (Section 2. Health, Dental, and Related Benefits) will prevail. 2.33 Health Benefit Access for Employees Not Otherwise Covered: To access County health plans, an employee who is not otherwise eligible for health coverage by the County, must be eligible to receive an offer of coverage from the County under the federal Patient Protection and Affordable Care Act (“ACA”) (42 U.S.C. § 18081). Employees eligible to receive an offer of coverage (and qualified dependents), will be offered access to County health insurance plans. Employees will be responsible for the full premium cost of coverage. 3. Personal Protective Equipment: The County will reimburse employees for safety shoes and prescription safety eyeglasses in those Management, Exempt and Unrepresented classifications which the County Administrator has determined eligible for such reimbursement. 3.10 Safety Shoes: The County will reimburse eligible employees for the purchase and repair of safety shoes in an amount not to exceed two hundred seventy- five dollars ($275) for each two (2) year period beginning on January 1, 2002. There is no limit on the number of shoes or repairs allowed. 3.11 Safety Eyeglasses: The County will reimburse eligible Management, Exempt and Unrepresented employees for prescription safety eyeglasses which are approved by the County and are obtained from an establishment approved by the County. 4. Transportation Expense: 4.10 Mileage Reimbursement: The County will pay a mileage allowance for the use of personal vehicles on County business at the rate allowed by the Internal Revenue Service (IRS) as a tax deductible expense, adjusted to reflect changes in this rate on the date it becomes effective or the first of the month following announcement of the changed rate by the IRS, whichever is later. 4.11 Commuter Benefit Program: Prior to July 1, 2017, the County will offer employees the option of enrolling in an employee-funded qualified 12-4-18 BOS Minutes 305 transportation (commuter) benefit program designed to qualify for tax savings under Section 132(f) of title 26 of the Internal Revenue Service Code, but such savings are not guaranteed. The Commuter Benefit Program will allow employees to set aside pre-tax dollars for qualified transportation expenses to the extent and amount allowed by the Internal Revenue Service. 5. Retirement Contributions: 5.10 No County Subvention: Effective on October 1, 2011, employees are responsible for the payment of one hundred percent (100%) of the employees’ basic retirement benefit contributions determined annually by the Board of Retirement of the Contra Costa County Employees’ Retirement Association without the County paying any part of the employees’ contribution. Employees are also responsible for the payment of the employees’ contributions to the retirement cost-of-living program as determined annually by the Board of Retirement without the County paying any part of the employees’ contributions. Except as provided in Section 36 (District Attorney Investigator - Safety Employees Retirement Tier) Section 44 (Probation - Safety Employees Retirement Tiers) and Section 53 (Safety Employees Retirement Tiers- Miscellaneous Safety Classifications), the County is responsible for one hundred percent (100%) of the employer’s retirement contributions determined annually by the Board of Retirement. 5.11 414H2 Participation: The County will continue to implement Section 414(h) (2) of the Internal Revenue Code which allows the County Auditor–Controller to reduce the gross monthly pay of employees by an amount equal to the employee’s total contribution to the County Retirement System before Federal and State income taxes are withheld, and forward that amount to the Retirement system. This program of deferred retirement contribution will be universal and non-voluntary as required by statute. 6. PEPRA Retirement Plan: A. PEPRA for Employees who become CCCERA Members on or after January 1, 2013: For employees who, under the California Public Employees’ Pension Reform Act of 2013 (PEPRA) (Chapters 296 and 297, Statutes of 2012), become New Members of the Contra Costa County Employees Retirement Association (CCCERA) on or after January 1, 2013, retirement benefits are governed by PEPRA. To the extent that this resolution conflicts with any provision of PEPRA, PEPRA governs. B. COLA: For employees hired by the County on and after January 1, 2014, who, under PEPRA, become New Members of CCCERA, the cost of living adjustment to the retirement allowance will not exceed two percent (2%) per year, and the cost of living adjustment will be banked. 12-4-18 BOS Minutes 306 C. Disability Standard: For employees, who under PEPRA, become New Members of CCCERA, the disability provisions are the same as the current Tier III disability provisions. D. This section 6 does not apply to employees who are safety members of the Contra Costa County Employees Retirement Association. 7. Training: 7.10 Career Development Training Reimbursement: All full-time employees (excluding attorney classes) are eligible for career development training reimbursement not to exceed seven hundred fifty dollars ($750) per fiscal year. The reimbursement of training expenses includes books and is governed by any Administrative Bulletins on Travel or Training. 7.11 Management Development Policy: Employees are authorized to attend professional training programs, seminars, and workshops, during normal work hours at the discretion of their Department Head, for the purpose of developing knowledge, skills, and abilities in the areas of supervision, management, and County policies and procedures. Up to thirty (30) hours of such training time is recommended annually. a. Departments are encouraged to provide for professional development training exceeding thirty (30) hours annually for people newly promoted to positions of direct supervision. b. To encourage personal and professional growth, the County provides reimbursement for certain expenses incurred by employees for job-related training (required training and career development training/education). Provision for eligibility and reimbursement is identified in Administrative Bulletin 112.9. c. The Department Head is responsible for authorization of individual professional development reimbursement requests. Reimbursement is through the regular demand process with demands being accompanied by proof of payment (copy of invoice or canceled check). 8. Bilingual Pay Differential: A monthly salary differential will be paid to incumbents of positions requiring bilingual proficiency as designated by the Appointing Authority and the Director of Human Resources. The differential will be prorated for employees working less than full time and/or on an unpaid leave of absence during any given month. The differential is one hundred dollars ($100.00) per month. Designation of positions for which bilingual proficiency is required is the sole prerogative of the County, and such designations may be amended or deleted at any time. 12-4-18 BOS Minutes 307 9. Higher Pay for Work in a Higher Classification: The County Salary Regulations notwithstanding, when an employee is required to work in a higher paid classification, the employee will receive the higher compensation for such work, pursuant to the County Salary Regulations, plus any differentials and incentives the employee would have received in his/her regular position. Unless the Board has by Resolution otherwise specified, the higher pay entitlement will begin on the completion of the 40th consecutive hour in the assignment, retroactive to the beginning of the second full day of work in the assignment. 10. Workers’ Compensation and Continuing Pay: For all accepted workers’ compensation claims filed with the County on or after January 1, 2008, employees will receive seventy five percent (75%) of their regular monthly salary during any period of compensable temporary disability not to exceed one (1) year. Pay based on accepted workers’ compensation claims filed before January 1, 2007, but after December 31, 1999, will be paid as provided in Resolution No. 2006/22. Pay based on accepted workers’ compensation claims filed before January 1, 2000, will be paid as provided in resolution No. 96/488. If workers’ compensation benefits become taxable income, the County will restore the former benefit level, one hundred percent (100%) of regular monthly salary. 10.10 Waiting Period: There is a three (3) calendar day waiting period before workers’ compensation benefits commence. If the injured worker loses any time on the date of injury, that day counts as day one (1) of the waiting period. If the injured worker does not lose time on the date of the injury, the waiting period is the first three (3) days following the date of the injury. The time the employee is scheduled to work during this waiting period will be charged to the employee’s sick leave and/or vacation accruals. In order to qualify for workers’ compensation, the employee must be under the care of a physician. Temporary compensation is payable on the first three (3) days of disability when the injury necessitates hospitalization, or when the disability exceeds fourteen (14) days. 10.11 Continuing Pay: A permanent employee will receive the applicable percentage of regular monthly salary in lieu of workers’ compensation during any period of compensable temporary disability not to exceed one year. “Compensable temporary disability absence” for the purpose of this Section, is any absence due to work-connected disability which qualifies for temporary disability compensation under workers’ compensation law set forth in Division 4 of the California Labor Code. When any disability becomes medically permanent and stationary, the salary provided by this Section will terminate. No charge will be made against sick leave or vacation for these salary payments. Sick leave and vacation rights do not accrue for those periods during which continuing pay is received. Employees are entitled to a maximum of one (1) year of continuing pay benefits for any one injury or illness. Continuing pay begins at the same time that temporary workers’ 12-4-18 BOS Minutes 308 compensation benefits commence and continues until either the member is declared medically permanent/stationary, or until one (1) year of continuing pay, whichever comes first, provided the employee remains in an active employed status. Continuing pay is automatically terminated on the date an employee is separated from County service by resignation, retirement, layoff, or the employee is no longer employed by the County. In these instances, employees will be paid workers’ compensation benefits as prescribed by workers’ compensation laws. All continuing pay must be cleared through the County Administrator’s Office, Risk Management Division. 10.12 Physician Visits: Whenever an employee who has been injured on the job and has returned to work is required by an attending physician to leave work for treatment during working hours, the employee is allowed time off, up to three (3) hours for such treatment, without loss of pay or benefits. Said visits are to be scheduled contiguous to either the beginning or end of the scheduled workday whenever possible. This provision applies only to injuries/illnesses that have been accepted by the County as work related. 10.13 Labor Code §4850 Exclusion: The foregoing provisions for workers’ compensation and continuing pay are inapplicable in the case of employees entitled to benefits under Labor Code Section 4850. 11. Other Terms and Conditions of Employment 11.10 Overtime Exempt Exclusion: Employees who are exempt from FLSA overtime in unrepresented, management, and exempt classifications may be made eligible for County Overtime pay if their names are placed on the Overtime Exempt Exclusion List by the County Administrator’s Office. Employees on the Overtime Exempt Exclusion List are authorized to receive County overtime pay only. Employees on the Overtime Exempt Exclusion List are NOT eligible for Annual Management Administrative Leave for the quarter they are on the Overtime Exempt Exclusion List. The policies and procedures for the Overtime Exempt Exclusion List are set forth in Administrative Bulletin 317. 11.11 County Overtime: Employees on the Overtime Exempt Exclusion List will be compensated at one and one-half (1.5) times their base rate of pay (excluding differentials) for authorized hours worked exceeding eight (8) hours in a day or forty (40) hours in a week. 11.12 Pay Limitations: Employees are not entitled to receive hazard pay, shift pay or County overtime pay (except as provided in this Section 11 Other Terms and Conditions of Employment), or on-call duty pay or call-back pay (except as provided in Section IV Special Benefits For Employees by Department or Class.) 12-4-18 BOS Minutes 309 11.13 Length of Service Credits: Length of service credit dates from the beginning of the last period of continuous County employment, including temporary, provisional and permanent status and absences on an approved leave of absence; except that when an employee separates from a permanent position in good standing and is subsequently re-em ployed in a permanent County position within two (2) years from the date of separation, the period of separation will be bridged. Under these circumstances, the service credits will include all credits accumulated at the time of separation but will not include the period of separation. The service credits of an employee are determined from employee status records maintained by the Human Resources Department. 11.14 Mirror Classifications: As determined in the sole discretion of the Director of Human Resources, employees in unrepresented job classifications that mirror Management, represented or unrepresented job classifications may receive the salary and fringe benefits that are received by employees in the mirror classification. 11.15 Deep Classes: No provision of this Resolution regarding terms and conditions of employment supersedes any provision of any Deep Class Resolution. 11.16 Administrative Provisions: The County Administrator may establish guidelines, bulletins or directives as necessary to further define or implement the provisions of this resolution. 11.17 Timestamp: Permanent Intermittent (hourly) employees must time stamp in and out as they begin their work shifts, finish their work shifts, and take meal periods. II. BENEFITS FOR MANAGEMENT AND EXEMPT EMPLOYEES Management and Exempt employees will receive the benefits set forth in Part I and also the following additional benefits: 12. Management Longevity Pay: 12.10 Ten Years of Service: a. Employees who have completed ten (10) years of service for the County are eligible to receive a two and one-half percent (2.5%) longevity differential effective on the first day of the month following the month in which the employee qualifies for the ten (10) year service award. b. Effective April 1, 2007, this section does not apply to members of the Board of Supervisors, except those members who earned this benefit while serving on the Board of Supervisors and were receiving this benefit as of March 31, 2007. 12-4-18 BOS Minutes 310 c. Effective November 1, 2007, for employees who were employed by Contra Costa County, became employees of the Contra Costa Superior Court by operation of law, and thereafter are rehired by Contra Costa County in the classification of District Attorney Manager of Law Offices (JJGE), eligibility for this longevity differential will be determined by adding together all service time with Contra Costa County and all service time with the Contra Costa Superior Court. If this sum is more than ten (10) years, this longevity differential will only be paid prospectively from the date the employee is rehired by Contra Costa County. 12.11 Fifteen Years of Service: a. Employees who have completed fifteen (15) years of service for the County are eligible to receive an additional two and one-half percent (2.5%) longevity differential effective on the first day of the month following the month in which the employee qualifies for the fifteen (15) year service award. For employees who completed fifteen (15) years of service on or before January 1, 2007, this longevity differential will be paid prospectively only from January 1, 2007. b. This section does not apply to employees who are eligible to receive the District Attorney Inspectors Longevity Differential set forth in Section 34 or the Sheriff Law Enforcement Longevity Differential set forth in Section 49. c. Effective April 1, 2007, this section does not apply to members of the Board of Supervisors, except those members who earned this benefit while serving on the Board of Supervisors and were receiving this benefit as of March 31, 2007. d. Effective November 1, 2007, for employees who were employed by Contra Costa County, became employees of the Contra Costa Superior Court by operation of law, and thereafter are rehired by Contra Costa County in the classification of District Attorney Manager of Law Offices (JJGE), eligibility for this longevity differential will be determined by adding together all service time with Contra Costa County and all service time with the Contra Costa Superior Court. If this sum is more than fifteen (15) years, this longevity differential will only be paid prospectively from the date the employee is rehired by Contra Costa County. 13. Deferred Compensation: 13.10 Deferred Compensation Incentive: The County will contribute eighty-five dollars ($85) per month to each employee who participates in the County’s Deferred Compensation Plan. To be eligible for this Deferred Compensation Incentive, the employee must contribute to the deferred compensation plan 12-4-18 BOS Minutes 311 as indicated below. Employees with Current Monthly Salary of: Qualifying Base Contribution Amount Monthly Contribution Required to Maintain Incentive Program Eligibility $2,500 and below $2,501 – 3,334 $3,335 – 4,167 $4,168 – 5,000 $5,001 – 5,834 $5,835 – 6,667 $6,668 and above $250 $500 $750 $1,000 $1,500 $2,000 $2,500 $50 $50 $50 $50 $100 $100 $100 Employees who discontinue contributions or who contribute less than the required amount per month for a period of one (1) month or more will no longer be eligible for the eighty-five dollar ($85) Deferred Compensation Incentive. To reestablish eligibility, employees must again make a Base Contribution Amount as set forth above based on current monthly salary. Employees with a break in deferred compensation contributions either because of an approved medical leave or an approved financial hardship withdrawal will not be required to reestablish eligibility. Further, employees who lose eligibility due to displacement by layoff, but maintain contributions at the required level and are later employed in an eligible position, will not be required to reestablish eligibility. 13.11 Special Benefit for Permanent Employees Hired on and after January 1, 2009: a. Beginning on April 1, 2009 and for the term of this resolution, the County will contribute one hundred and fifty dollars ($150) per month to an employee’s account in the Contra Costa County Deferred Compensation Plan, or other tax-qualified savings program designated by the County, for employees who meet all of the following conditions: 1. The employee must be hired by Contra Costa County on or after January 1, 2009. 2. The employee must be appointed to a permanent position. The position may be either full time or part time, but if it is part time, it must be designated, at a minimum, as 20 hours per week. 3. The employee must have been employed by Contra Costa County for at least 90 calendar days. 4. The employee must contribute a minimum of twenty-five dollars ($25) 12-4-18 BOS Minutes 312 per month to the Contra Costa County Deferred Compensation Plan, or other tax-qualified savings program designated by the County. 5. The employee must complete and sign the required enrollment form(s) for his/her deferred compensation account and submit those forms to the Human Resources Department, Employee Benefits Services Unit. 6. The employee may not exceed the annual maximum contribution amount allowable by the United States Internal Revenue Code. b. This special benefit does not apply to any employee who is covered by Section 2.13, subsection (a) (1). 13.12 No Cross Crediting: The amounts contributed by the employee and the County pursuant to Section 13.11 do not count towards the “Qualifying Base Contribution Amount” or the “Monthly Contribution Required to Maintain Incentive Program Eligibility” in Section 13.10. Similarly, the amounts contributed by the employee and the County pursuant to Section 13.10 do not count towards the employee’s $25 per month minimum contribution required by Section 13.11. 13.13 Maximum Annual Contribution: All of the employee and County contributions set forth in Sections 13.10 and 13.11 will be added together to ensure that the annual maximum contribution to the employee’s deferred compensation account does not exceed the annual maximum contribution rate set forth in the United States Internal Revenue Code. 13.14 Eligibility for Loan Program : All employees are eligible to apply for loans from the Contra Costa County Deferred Compensation Plan loan program established by the Board of Supervisors on June 26, 2012, by Resolution No. 2012/298. 14. Annual Management Administrative Leave: A. On January 1st of each year, all full-time unrepresented, management, and exempt employees in paid status will be credited with ninety four (94) hours of paid Management Administrative Leave. All Management Administrative Leave time is non-accruable and all balances will be zeroed out on December 31 of each year. B. Permanent part-time employees are eligible for Management Administrative Leave on a prorated basis, based upon their position hours. Permanent- intermittent employees are not eligible for Management Administrative Leave. C. Employees appointed (hired or promoted) to unrepresented, management, or exempt positions are eligible for Management Administrative Leave on the 12-4-18 BOS Minutes 313 first day of the month following their appointment date and will receive Management Administrative Leave on a prorated basis for that first year. D. Unrepresented, management, and exempt employees on the Overtime Exempt Exclusion List are authorized to receive overtime pay; therefore, their Management Administrative Leave will be reduced by 25% each time the employee is on the List. The 25% reduction will be deducted from the employee’s current leave balance, but if there is no balance, it will be deducted from future awarded Annual Management Administrative Leave. This section does not apply to the unrepresented, management, and exempt attorneys of the Offices of the District Attorney, County Counsel, and Public Defender. (See Section 31.) E. Employees eligible for FLSA overtime are not eligible for Management Administrative Leave. Such Employees who have existing Management Administrative Leave balances as of May 1, 2017 may use the leave through December 31, 2017. 15. Management Life Insurance: Employees are covered at County expense by term life insurance in the amount of fifty seven thousand dollars ($57,000) in addition to the insurance provided in Section 2.24. 16. Vacation Buy Back: 16.10 Employees Hired Before April 1, 2011: a. Employees hired before April 1, 2011, in classifications other than those listed in Section 16.11(b) below, may elect payment of up to one-third (1/3) of their annual vacation accrual, subject to the following conditions: (1) the choice can be made only once every thirteen (13) months and there must be at least 12 full months between each election; (2) payment is based on an hourly rate determined by dividing the employee’s monthly salary by 173.33; and (3) the maximum number of vacation hours that may be paid in any one sale is one-third (1/3) of the annual accrual. b. Lump Sum Payments: Where a lump-sum payment is made to employees as a retroactive general salary adjustment for a portion of a calendar year that is subsequent to the exercise by an employee of the vacation buy- back provision herein, that employee’s vacation buy-back will be adjusted to reflect the percentage difference in base pay rates upon which the lump-sum payment was computed, provided that the period covered by the lump-sum payment includes the effective date of the vacation buy- back. 16.11 Employees Hired, Promoted or Rehired On and After April 1, 2011 and In Specified Classifications: 12-4-18 BOS Minutes 314 a. Employees hired, promoted or rehired on and after April 1, 2011, into any classification covered by this resolution are not eligible for the vacation buy-back benefit. However, any employee who was eligible for the vacation buy-back benefit before promoting into a classification (other than those specified in subsection b. below) covered by this resolution will retain that benefit after promoting into a classification covered by this resolution. b. Specified Classifications: Employees in the following classifications may not elect payment of their vacation accruals under any circumstances: CCRMC Chief Executive Officer- Exempt (VCB2) Chief Medical Officer - Exempt (VPS4) Chief Nursing Officer - Exempt (VWD2) County Librarian (3AAA) Medical Director (VCA2) 17. Professional Development Reimbursement: Employees (excluding Department Heads, their Chief Assistant(s), Engineering Managers, and all Attorney classes) are eligible for reimbursement of up to six hundred twenty-five dollars ($625) for each two (2) year period beginning on January 1, 1999, for memberships in professional organizations, subscriptions to professional publications, attendance fees at job- related professional development activities and purchase of job-related computer hardware and software (excludes automation connectivity, support, or subscription fees) from a standardized County-approved list or with Department Head approval, provided each employee complies with the provisions of the Computer Use and Security Policy adopted by the Board of Supervisors and the applicable manuals. In order to receive reimbursement, the employee must have been in an eligible classification when the expense was incurred. Each professional development reimbursement request must be approved by the Department Head and submitted through the regular demand process. Demands must be accompanied by proof of payment (copy of invoice or receipt). Certification regarding compliance with the County’s computer use and security policy may be required. Questions regarding the appropriateness of a request will be answered by the Office of the County Administrator. 18. Sick Leave Incentive Plan: Employees may be eligible for a payoff of a part of unused sick leave accruals at separation. This program is an incentive for employees to safeguard sick leave accruals as protection against wage loss due to time lost for injury or illness. Payoff must be approved by the Director of Human Resources, and is subject to the following conditions: A. The employee must have resigned in good standing. 12-4-18 BOS Minutes 315 B. Payout is not available if the employee is eligible to retire. C. The balance of sick leave at resignation must be at least seventy percent (70%) of accruals earned in the preceding continuous period of employment excluding any sick leave use covered by the Family and Medical Leave Act, the California Family Rights Act, or the California Pregnancy Disability Act. D. Payout is by the following schedule: Years of Payment Continuous Service Payment of Unused Sick Leave Payable 3 – 5 years 5 – 7 years 7 plus years 30% 40% 50% E. No payoff will be made pursuant to this section unless the Contra Costa County Employees’ Retirement Association has certified that an employee requesting a sick leave payoff has terminated membership in, and has withdrawn his or her contributions from, the Retirement Association. F. It is the intent of the Board of Supervisors that payments made pursuant to this section are in lieu of County retirement benefits resulting from employment by this County or by Districts governed by this Board. 19. Computer Vision Care (CVC) Users Eye Examination: Employees are eligible to receive an annual eye examination on County time and at County expense provided that the employee regularly uses a video display terminal at least an average of two (2) hours per day as certified by their department. Employees certified for examination under this program must make their request through the Benefits Service Unit of the County Human Resources Department. Should prescription CVC eyeglasses be prescribed for the employee following the examination, the County agrees to provide, at no cost, basic CVC eye wear consisting of a fifty dollar ($50) frame and single, bifocal or trifocal lenses. Employees may, through individual arrangement between the employee and the employees’ doctor and solely at the employee’s expense, include blended lenses and other care, services or materials not covered by the Plan. 20. Long-Term Disability Insurance: The County will continue in force the Long-Term Disability Insurance program with a replacement limit of eighty-five (85%) of total monthly base earnings reduced by any deductible benefits. 12-4-18 BOS Minutes 316 III. BENEFITS FOR ELECTED AND APPOINTED DEPARTMENT HEADS Department Heads will receive the benefits set forth in Part I and Part II and the following additional benefits: 21. Executive Automobile Allowance: 21.10 Elected Department Heads: The below-listed elected Department Heads are eligible to receive a $600 per month automobile allowance plus mileage for miles driven outside Contra Costa County at the rate per mile allowed by the Internal Revenue Service (IRS) as a deductible expense. Receipt of this automobile allowance means that the elected Department Head must use a private automobile for County business. Assessor (DAA1) Auditor–Controller (SAA1) Clerk–Recorder (ALA1) District Attorney (2KA1) Treasurer–Tax Collector (S5A1) The Sheriff-Coroner (6XA1) is eligible to receive a $500 per month automobile allowance plus mileage for miles driven inside and outside of Contra Costa County at the rate per mile allowed by the Internal Revenue Service (IRS) as a deductible expense. Receipt of this automobile allowance means that the Sheriff-Coroner must use a private automobile for County business. 21.11 Appointed Department Heads Appointed Prior to February 1, 2012: The below-listed Department Heads who were appointed to their positions prior to February 1, 2012 are eligible to receive a $600 per month automobile allowance plus mileage for miles driven outside Contra Costa County at the rate per mile allowed by the Internal Revenue Service (IRS) as a deductible expense. Receipt of this automobile allowance means that the appointed Department Head must use a private automobile for County business. County Administrator (ADA2) Chief Assistant County Administrator (ADB1) County Counsel (2EA1) County Probation Officer (7AA1) Director of Animal Services (BJA1) Director of Child Support Services (SMA1) Director of Conservation and Development (4AA1) 12-4-18 BOS Minutes 317 Director of Health Services (VCA1) Director of Information Technology (LTA1) Public Defender (25A1) Public Works Director (NAA1) 21.12 Appointed Department Heads Appointed On and After February 1, 2012: Every appointed Department Head is ineligible to receive an automobile allowance. 21.13 Temporary Loss of Vehicle: If use of a County vehicle is temporarily required as the result of an emergency, such as an accident or mechanical failure to the recipient’s personal automobile, a County vehicle may be used if approved by the County Administrator or his/her designee. The user’s department will be charged for the costs of the temporary use of the County vehicle. Further, the user of the County vehicle will not receive his/her automobile allowance while using the County vehicle. 22. Executive Life Insurance: In lieu of the insurance provided under Section 15, Department Heads are covered at County expense by term life insurance in the amount of sixty thousand dollars ($60,000) additional to the insurance provided under Section 2.24. 23. Executive Professional Development Reimbursement: Department Heads and those chief assistants listed in Exhibit D (excluding Attorney classes) are eligible for reimbursement of up to nine hundred twenty-five dollars ($925) for each two (2) year period beginning January 1, 1999 for memberships in professional organizations, subscriptions to professional organizations, subscriptions to professional publications, attendance fees at job-related professional development activities, and purchase of job-related computer hardware and software, such as blackberries, iPhones, and treos (excluding automation connectivity, support, or subscription fees) from a standardized County-approved list or with Department Head approval, provided each employee complies with the provisions of the Computer Use and Security Policy adopted by the Board of Supervisors and the applicable manuals. In order to receive reimbursement, the employee must have been in an eligible classification when the expense was incurred. Each executive professional development reimbursement request must be approved by the Department Head and submitted through the regular demand process. Demands must be accompanied by proof of payment (copy of invoice or receipt). Certification regarding compliance with the County’s computer use and security policy may be required. Questions regarding the appropriateness of a request will be determined by the Office of the County Administrator. 12-4-18 BOS Minutes 318 24. Appointed Department Heads: The Appointed Department Heads are the Agricultural Commissioner/Director of Weights and Measures, Chief Assistant County Administrator, County Counsel, County Finance Director, County Librarian, County Probation Officer, County Veteran’s Services Officer, Director of Employment and Human Services, Director of Animal Services, Director of Child Support Services, Director of Conservation and Development, Director of Health Services, Director of Human Resources, Director of Information Technology, Public Defender, and the Public Works Director. (The Fire Chief of the Contra Costa County Fire Protection District is also an appointed Department Head, but the benefits for the Fire Chief are set forth in a separate Fire Management Resolution.) 25. Elected Department Heads: The Elected Department Heads are the Assessor, Auditor–Controller, Clerk–Recorder, District Attorney, Sheriff–Coroner, and Treasurer–Tax Collector. 26. Elected Department Head Benefits and Board of Supervisors Member Benefits: Elected Department Heads will receive only the following benefits under Parts I, II, and III, together with such benefits as may be authorized under Part IV, as specified: 26.10 Elected Department Heads: a. All Elected Department Heads will receive the benefits set forth in Part I, Sections 5, 6, 7, 8, 10, and 11.12. b. Elected Department Heads will receive the benefits set forth in Part I, Section 2, in accordance with the following: 1. Elected Department Heads other than the Sheriff receive health care coverage from County health plans pursuant to Section 2 A. i. Those Elected Department Heads who were County employees when elected to County office with a County employee hire date that is earlier than January 1, 2009, will receive the benefits set forth in Part I, Section 2 A except the provisions set forth in Section 2.13 (a) (3) do not apply. ii. Those Elected Department Heads who were County employees when elected to County office with a County employee hire date that is on or after January 1, 2009, will receive all of the benefits set forth in Part I, Section 2 A. iii. Those Elected Department Heads who were not County employees when elected to County office will receive all of the benefits set forth in Part I, Section 2 A. 2. The Sheriff receives health care coverage from CalPERS pursuant to 12-4-18 BOS Minutes 319 Section 2 B. 3. All Elected Department Heads receive the benefits set forth in Section 2 C, excluding section 2.26. c. All Elected Department Heads will receive the benefits set forth in Part II, Sections 13, 19 and 20. d. Elected Department Heads will not receive the benefits set forth in Part II, Section 12. Elected Department Heads who are in their elected office and receiving longevity pay as of October 1, 2010 are eligible for the following benefit: 1. A five percent (5%) longevity differential upon the completion of ten years of service effective on the first day of the month following the month in which the official qualifies for the ten (10) year service award. 2. An additional two and one half (2.5%) longevity differential upon the completion of fifteen (15) years of service effective on the first day of the month following the month in which the official qualifies for the fifteen (15) year service award. e. As compensation for not accruing paid vacation credit, in addition to the benefits of Part II, Section 13, twelve thousand dollars ($12,000) as a deferred compensation contribution will be added to the elected department head’s deferred compensation account effective July 1 of each year (commencing July 1, 2007). If after July 1, but prior to June 30 of the next succeeding year, for any reason, the elected department head’s occupancy of office terminates and/or expires, the elected department head is entitled to an additional deferred compensation account contribution prorated from July 1 to include the time period the elected department head served prior to the next June 30. Further, if, for any reason, all or part of such deferred compensation cannot be paid into a deferred compensation account the elected department head is entitled to an equivalent lump-sum payment. None of the County’s twelve thousand dollar ($12,000) contribution may be used to establish eligibility and qualification to receive the additional eighty-five dollars ($85) monthly Deferred Compensation Incentive contribution otherwise provided by the County. f. All Elected Department Heads will receive the benefits set forth in Part III, Sections 21, 22 and 23. g. A County employee who becomes a County elected official may receive payment for unused vacation accruals only at the rate of pay that the elected official last earned as a County employee. The elected official 12-4-18 BOS Minutes 320 may not be paid for unused vacation accruals at the rate of pay earned as an elected official. h. Only the Board of Supervisors is authorized to prescribe the compensation of County elected officials pursuant to Government Code section 25300. 26.11 Board of Supervisors: Board of Supervisors members will receive only the following benefits under Parts I, II, and III. a. Part I: The benefits set forth in Sections 5, 6, 7, 10, and 11.12. b. Part 1, Section 2: in accordance with the following, health care coverage from County health plans pursuant to Section 2 A. 1. Those Supervisors who were County employees when elected to County office with a County employee hire date that is earlier than January 1, 2009, will receive the benefits set forth in Part I, Section 2 A except the provisions set forth in Section 2.13 (a) (3) do not apply. 2. Those Supervisors who were County employees when elected to County office with a County employee hire date that is on or after January 1, 2009, will receive all of the benefits set forth in Part I, Section 2 A. 3. Those Supervisors who were not County employees when elected to County office will receive all of the benefits set forth in Part I, Section 2 A. c. Part I, Section 2 C, excluding Section 2.26. d. Part II: The benefits set forth in Sections 13, 19, and 20. e. Part III: The benefits set forth in Sections 22 and 23. f. The provisions of Section 26.10(g) above apply to Board of Supervisors Members. IV. SPECIAL BENEFITS FOR EMPLOYEES BY DEPARTMENT OR CLASS 27. Accounting Certificate Differential: Incumbents of Management professional accounting, auditing or fiscal officer positions who possess one of the following certifications in good standing will receive a differential of five percent (5%) of base monthly salary: (1) A valid Certified Public Accountant (CPA) license issued by the State of California, Department of Consumer Affairs, Board of Accountancy; (2) a Certified Internal Auditor (CIA) certification issued by the Institute of Internal 12-4-18 BOS Minutes 321 Auditors; (3) a Certified Management Accountant (CMA) certification issued by the Institute of Management Accountants; or (4) a Certified Government Financial Manager (CGFM) certification issued by the Association of Government Accountants. 28. Animal Services Search Warrant: Employees in the management class of Deputy Director of Animal Services (BJD1) will be compensated for time spent in assisting law enforcement agencies in the serving of search warrants. The amount of special compensation per incident is one hundred dollars ($100) and it will continue to be equal to that paid to Animal Services Officers for performing this duty. Only employees involved in actual entry team activities will be so compensated. The department continues to retain the sole right to select and assign personnel to such search warrant duty. 29. Animal Services Uniform Allowance: The uniform allowance for employees in the management classes of Deputy Director of Animal Services (BJD1) and Animal Services Captain-Exempt (BJD2) is eight hundred dollars ($800), payable one- twelfth (1/12) of the yearly total in monthly pay warrants. Any other increase in the Uniform Allowance, which may be granted to Animal Services Officers while this Resolution is in effect, is granted to the Animal Services Management classes. 30. Attorney State Bar Dues and Professional Development Reimbursement: 30.10 State Bar Dues Reimbursement: The County will reimburse employees in the classes set forth below for California State Bar Membership dues (but not penalty fees) and, if annually approved in advance by the Department Head, fees for criminal and/or civil specialization. 30.11 Professional Development Reimbursement: The County will reimburse employees in the classes listed in Section 30.13 up to a maximum of seven hundred dollars ($700) each fiscal year for the following types of expenses: a. Purchase of job-related computer hardware and software. b. Membership dues in legal professional associations. c. Purchase of legal publications. d. Training and travel costs for job-related educational courses. e. Legal on-line computer services. Any unused accrual may be carried forward to the next fiscal year up to a maximum of eight hundred dollars ($800). 30.12 Law School Student Loan Reimbursement Program a. Eligibility: 12-4-18 BOS Minutes 322 1. Only Employees in the classes listed in Section 30.13, excluding County Counsel (2EA1), District Attorney (2KA1), and Public Defender (25A1), are eligible. Payments will only be made to employees in paid status as of July 2015, and thereafter. 2. Temporary employees are not eligible for payments. Time served as a temporary employee does not count towards eligibility for payments. b. Qualifying amount and terms: The employee must satisfy all of the following criteria to be eligible for any payments through this Law School Student Loan Reimbursement Program. 1. First Payment: The employee must have been hired into one of the listed classes and have worked in one or more of those classes for at least three (3) consecutive years from date of hire to be eligible for the first payment. After completion of the third consecutive year of employment in one or more of those classes, the employee may receive $2,000 for purposes of reimbursement for law school student loan payments. 2. Second Payment: For an employee who entered County service in one of the listed classes, the employee must work in one or more of those classes during the fourth year of employment from date of hire to be eligible for the second payment. After completion of four (4) years of employment with the County in one or more of those classes, the employee may receive an additional $3,000 for purposes of reimbursement for law school loan payments. 3. Third Payment: For an employee who entered County service in one of the listed classes, the employee must work in one or more of those classes during the fifth year of employment from date of hire to be eligible for the third payment. After completion of five (5) years of employment with the County in one or more of those classes, the employee may receive an additional $4,000 for purposes of reimbursement for law school loan payments. 4. For each requested payment: The employee must submit a request for reimbursement on the County’s law school loan reimbursement form and attach documentation that establishes to the satisfaction of the department the existence of an outstanding law school student loan to the employee from an educational entity, government entity, or commercial lending institution and the annual payment record for the law school student loan during the preceding twelve months showing payments made by the employee. Employees may not request more than one payment per year, and there must be at least twelve (12) full months between each request for payment. 12-4-18 BOS Minutes 323 5. This program is not available to employees who paid off their law school student loans prior to July 1, 2015, to those employees who did not incur law school student loans from an educational entity, government entity, or commercial lending institution, or to participating employees once they have paid off their law school student loans. 6. The law school student loan reimbursement payments will not exceed $2,000 for the first payment, $3,000 for the second payment, and $4,000 for the third payment. No employee may receive more than a total maximum lifetime reimbursement of $9,000. 7. The law school student loan reimbursement payments are subject to applicable state and federal withholding, if any. 8. The terms and conditions of this law school student loan reimbursement program are subject to procedures approved by the County Auditor-Controller’s Office. 30.13 Eligible Classes: This section applies only to the following classifications: Assistant County Counsel-Exempt (2ED1) Assistant District Attorney-Exempt (2KD3) Assistant Public Defender-Exempt (25D2) Chief Asst. County Counsel-Exempt (2ED2) Chief Asst. Deputy District Atty-Exempt (2KD2) Chief Assistant Public Defender-Exempt (25D1) Chief Trial Deputy Public Defender (25DB) Civil Litigation Attorney-Advanced (2ETG) Civil Litigation Attorney-Standard (2ETF) Civil Litigation Attorney-Basic (2ETE) County Counsel (2EA1) Deputy County Counsel-Advanced (2ETK) Deputy County Counsel-Standard (2ETJ) Deputy County Counsel-Basic (2ETH) Deputy County Counsel-Advanced-Exempt (2ET3) Deputy County Counsel-Standard-Exempt (2ET2) Deputy County Counsel-Basic-Exempt (2ET1) District Attorney (2KA1) Public Defender (25A1) 12-4-18 BOS Minutes 324 Senior Deputy District Attorney-Exempt (2KD1) Senior Financial Counsel-Exempt (2ED3) Supervising Attorney-Child Support Services (29HA) Attorney Basic-Child Support Services (29VA) Attorney Advanced-Child Support Services (29TA) Attorney Entry-Child Support Services (29WA) 31. Attorney Management Administrative Leave and Additional Longevity Pay: 31.10 Attorney Management Administrative Leave: a. On January 1st of each year, the employees in the classes set forth below who are in paid status, excluding fixed-term employees and contract attorneys, will be credited with ninety four (94) hours of Management Administrative Leave. Management Administrative Leave must be used during the calendar year in which it is credited and any unused hours may not be carried forward. b. Attorneys appointed between January 1st and June 30th, inclusive, are eligible for ninety four (94) hours of Management Administrative Leave on the first succeeding January 1st and annually thereafter. Attorneys appointed on or after July 1st are eligible for seventy one (71) hours of Management Administrative Leave on the first succeeding January 1st and are eligible for ninety four (94) hours annually thereafter. c. Permanent part time attorneys are eligible for Management Administrative Leave on a prorated basis, based upon their position hours, beginning on January 1st following their appointment and in the same proportion on each January 1st thereafter. Permanent-intermittent attorneys are not entitled to Management Administrative Leave. Any attorney on a leave of absence will have his/her Management Administrative Leave hours prorated upon his/her return. d. Unrepresented, management, and exempt attorneys on the Overtime Exempt Exclusion List are authorized to receive overtime pay; therefore, their Management Administrative Leave will be reduced by 25% each time the attorney is on the List. The 25% reduction will be deducted from the employee’s current leave balance, but if there is no balance, it will be deducted from future awarded Management Administrative Leave. 31.11 Additional Longevity Pay at 20 Years of County Service: In addition to the Longevity Pay provided in Section 12 of this resolution, employees in the classes set forth below are eligible to receive an additional two percent (2%) longevity differential effective on the first day of the month 12-4-18 BOS Minutes 325 following the month in which the employee qualifies for the twenty (20) year service award, beginning on November 1, 2012. For those employees who have twenty years of service on or before November 1, 2012, this longevity differential will be paid prospectively only from November 1, 2012. 31.12 Eligible Classes: This section applies only to the following classifications: Assistant County Counsel-Exempt (2ED1) Assistant District Attorney-Exempt (2KD3) Assistant Public Defender-Exempt (25D2) Chief Asst. County Counsel-Exempt (2ED2) Chief Asst. Deputy District Atty-Exempt (2KD2) Chief Assistant Public Defender-Exempt (25D1) Chief Trial Deputy Public Defender (25DB) Civil Litigation Attorney-Advanced (2ETG) Civil Litigation Attorney-Standard (2ETF) Civil Litigation Attorney-Basic (2ETE) County Counsel (2EA1) Deputy County Counsel-Advanced (2ETK) Deputy County Counsel-Standard (2ETJ) Deputy County Counsel-Basic (2ETH) Deputy County Counsel-Advanced-Exempt (2ET3) Deputy County Counsel-Standard-Exempt (2ET2) Deputy County Counsel-Basic-Exempt (2ET1) Public Defender (25A1) Senior Deputy District Attorney-Exempt (2KD1) Senior Financial Counsel-Exempt (2ED3) Supervising Attorney-Child Support Services (29HA) Attorney Basic-Child Support Services (29VA) Attorney Advanced-Child Support Services (29TA) Attorney Entry-Child Support Services (29WA) 32. Assessor Education Differential: Employees in the management class of Assistant County Assessor-Exempt (DAB1) are entitled to a salary differential of two and one-half percent (2.5%) of base monthly salary for possession of a certification for educational achievement from at least one of the following: A. American Institute of Real Estate Appraisers Residential Member designation. 12-4-18 BOS Minutes 326 B. State Board of Equalization Advanced Appraiser Certification. C. International Association of Assessing Officers Residential Evaluation Specialist. D. Society of Auditor-Appraiser Master Auditor-Appraiser designation. E. Society of Real Estate Appraisers Senior Residential Appraiser designation. F. Any other certification approved by the County Assessor and the Director of Human Resources. 33. Certified Elections/Registration Administrator Certification Differential: Employees in the classification of Clerk-Recorder (ALA1) are entitled to receive a monthly differential in the amount of five percent (5%) of base monthly salary for possession of a valid Certified Elections/Registration Administrator Certificate issued by The Election Center-Professional Education Program. Verification of eligibility is by the County Administrator or designee. Eligibility for receipt of the differential begins on the first day of the month following the month in which the County Administrator verifies eligibility. 34. District Attorney Inspectors Longevity Differential: Incumbents of the classes of District Attorney Chief of Inspectors–Exempt (6KD1), District Attorney Director of Forensic and Technical Services (6KDC), District Attorney Lieutenant of Inspectors (6KNB), and Lieutenant of Inspectors–Welfare Fraud (6KWG) are eligible for a differential of five percent (5%) of base monthly salary when the following conditions are satisfied: The employee has (1) four (4) years of experience as a peace officer with Contra Costa County; (2) fifteen (15) years of P.O.S.T. experience; and (3) has reached the age of thirty-five (35). 35. District Attorney Inspector P.O.S.T.: Incumbents of the classes of District Attorney Lieutenant of Inspectors (6KNB), District Attorney Director of Forensic and Technical Services (6KDC), District Attorney Lieutenant of Inspectors–Welfare Fraud (6KWG) and District Attorney Chief of Inspectors–Exempt (6KD1) who possess the appropriate certificates beyond the minimum P.O.S.T. qualifications required in their class may qualify for one of the following career incentive allowances: A. A career incentive allowance of two and one-half percent (2.5%) of base monthly salary will be paid to DA Lieutenant of Inspectors, DA Director of Forensic and Technical Services, and DA Lieutenant of Inspectors-Welfare Fraud for the possession of an Advanced P.O.S.T. certificate. This allowance will be paid to the DA Chief of Inspectors-Exempt for possession of a Management and/or Executive P.O.S.T. Certificate. B. A career incentive allowance of five percent (5%) of base monthly salary will be paid to DA Lieutenant of Inspectors, DA Director of Forensic and Technical Services, and DA Lieutenant of Inspectors–Welfare Fraud for possession of an Advanced P.O.S.T. certificate and an approved 12-4-18 BOS Minutes 327 Baccalaureate Degree. This allowance will be paid to the DA Chief of Inspectors for possession of a Management and/or Executive P.O.S.T. certificate and possession of an approved Baccalaureate Degree. C. A career incentive allowance of seven and one-half percent (7.5%) of base monthly salary will be paid to DA Lieutenant of Inspectors, DA Director of Forensic and Technical Services, and DA Lieutenant of Inspectors–Welfare Fraud for the possession of an Advanced P.O.S.T. certificate and possession of an approved Master’s Degree. This allowance will be paid to the DA Chief of Inspectors–Exempt for possession of an approved Management and/or Executive P.O.S.T. certificate and possession of an approved Master’s Degree. No continuing education is required in order to be entitled to any of the foregoing allowances. 36. District Attorney Investigator - Safety Employees Retirement Tiers; Contribution Toward Cost of Enhanced Retirement Benefit: 36.10 Safety Tier A: The retirement formula of “3 percent at 50" applies to employees in the classifications set forth below who become members of the Contra Costa County Employees Retirement Association (CCCERA) on or before December 31, 2012 or who, under PEPRA, become reciprocal members of CCCERA, as determined by CCCERA. The cost of living adjustment (COLA) to the retirement allowances of these employees will not exceed three percent (3%) per year. The final compensation of these employees will be based on a twelve (12) consecutive month salary average. This retirement benefit is known as Safety Tier A. a. Until July 1, 2012, each employee in Tier A will pay nine percent (9%) of his or her retirement base to pay part of the employer’s contribution for the cost of Safety Tier A retirement benefits. b. Effective on July 1, 2012, each employee in Tier A will pay three percent (3%) of his/her retirement base to pay part of the employer’s contribution for the cost of Safety Tier A retirement benefits. c. Effective on June 30, 2016, these payments will cease. The payments set forth above will be made on a pre-tax basis in accordance with applicable tax laws. “Retirement base” means base salary and other payments, such as salary differential and flat rate pay allowances, used to compute retirement deductions. 36.11 Safety PEPRA Tier: For employees who become safety New Members of the Contra Costa County Employees Retirement Association (CCCERA) on or after January 1, 2013, retirement benefits are governed by the California Public Employees’ Pension Reform Act of 2013 (PEPRA) (Chapters 296 and 12-4-18 BOS Minutes 328 297, Statutes of 2012) and Safety Option Plan Two (2.7% @ 57) applies. For employees hired on or after July 1, 2014, who under PEPRA, become safety New Members of CCCERA, the cost of living adjustment to the retirement allowance will not exceed two percent (2%) per year and will be banked. To the extent that this resolution conflicts with any provision of PEPRA, PEPRA governs. 36.12 Employees with more than 30 years of Service: Commencing on July 1, 2007, eligible employees in the classifications set forth below and designated by the Contra Costa County Employees’ Retirement Association as safety members with credit for more than thirty (30) years of continuous service as safety members, will not make payments from their retirement base to pay part of the employer’s contribution towards the cost of Safety Tier A. 36.13 Eligible Classes: This section applies only to the following classifications: District Attorney Chief of Inspectors-Exempt (6KD1) District Attorney Lieutenant of Inspectors (6KNB) Lieutenant of Inspectors-Welfare Fraud (6KWG) District Attorney Director of Forensic and Technical Services (6KDC) 37. Engineer Continuing Education Allowance: Employees in the classification of Deputy Public Works Director-Exempt (NAD0) are eligible to receive a one year Continuing Education Allowance of two and one-half percent (2.5%) of base monthly salary if they complete at least (60) hours of approved education or training or at least three (3) semester units of approved college credit or approved combination thereof, subject to the following conditions. A. The specific education or training must be submitted in writing by the employee to the Public Works Director or his designee prior to beginning the course work. B. The education or training must be reviewed and approved in advance by the Public Works Director or his designee as having a relationship to the technical or managerial responsibilities of the employee’s current or potential County job classifications. C. Employees who qualify for this allowance do so for a period of only twelve (12) months, commencing on the first day of the month after proof of completion is received and approved by the Public Works Director or his designee. This allowance automatically terminates at the end of the twelve (12) month period. 38. Engineer Professional Development Reimbursement: Engineering Managers 12-4-18 BOS Minutes 329 (Class Code NAD0) will be allowed reimbursement for qualifying professional development expenses and professional engineering license fees required by the employee’s classification up to a total of seven hundred dollars ($700) for each two (2) year period beginning on January 1, 2000. Effective July 1, 2007, the allowable reimbursement amount will be increased by one hundred fifty dollars ($150) for a total of eight hundred fifty dollars ($850). Effective on January 1, 2008, Engineering Managers will be allowed reimbursement for qualifying professional development expenses and professional engineering license fees required by the employee’s classification up to a total of nine hundred dollars ($900) for each two (2) year period. Allowable expenses include the following activities and materials directly related to the profession in which the individual is engaged as a County employee: A. Membership dues to professional organizations. B. Registration fees for attendance at professional meetings, conferences and seminars. C. Books, journals and periodicals. D. Tuition and text book reimbursement for accredited college or university classes. E. Professional license fees required by the employee’s classification. F. Application and examination fees for registration as a professional engineer, architect or engineer-in-training. G. Certain job-related instruments, job-related computer hardware and software from a standardized County approved list or with Department Head approval, provided each Engineer complies with the provisions of the Computer Use and Security Policy adopted by the Board of Supervisors and the applicable manuals. Individual professional development reimbursement requests require the approval of the Department Head. Reimbursement occurs through the regular demand process with demands being accompanied by proof of payment (copy of invoice or canceled check). In order to receive reimbursement, the employee must have been in an eligible classification when the expense was incurred. 39. Library Department Holidays: For all management and unrepresented employees in the County Library Department, the day after Thanksgiving is deleted as a holiday and the day before Christmas is added as a holiday. 40. Health Services Department On-Call Duty and Call Back Time: 12-4-18 BOS Minutes 330 40.10 Eligible Classes: Permanent full time and permanent part time employees employed in the Health Services Department (A-18) in the following designated classifications are entitled to On Call Duty and Call Back Time. Designated Classifications: Director of HazMat Program -Ex (VLD2) Deptl Comm & Media Rel Coord (ADSH) Director of Env Health Svcs-Ex (VLD1) Asst Dir of Health Svcs (VCB1) MH Medical Director-Ex (VPD1) Emergency Medical Svcs Director (VBSC) Chief Exec Officer CCCHP (VCB3) Residency Director-Exempt (VPD5) Chief Operations Officer-Exempt (VWD1) 40.11 On Call Duty: On Call Duty is when an employee is not scheduled to work on County premises but is ready to immediately report to work. The employee must make arrangements so that his/her supervisor can reach him/her within ten (10) minutes’ notice or less. The Department Head approves those employees who will be assigned to On Call Duty. An employee assigned to On Call Duty is paid one (1) hour of straight time pay for each four (4) hours designated on call. If an employee’s On Call Duty hours are not in increments of four (4) hours, the On Call Duty hours will be prorated. For example, if the employee is assigned to On Call Duty for six (6) hours, the employee would receive one hour and one half (1.5) straight time pay for the six (6) hours designated on call (6/4). If an employee designated to On Call Duty is called back to work, the On Call Duty hours will not be deducted from the time the employee works. 40.12 Call Back Time: Call Back Time is when an employee is called back to work on County premises. An employee called back to work is entitled to receive pay at the rate of one and one half (1.5) times his/her base rate of pay (not including differentials) for the actual Call Back Time hours worked plus one (1) additional hour. An employee called back to work will be paid a minimum of two (hours) for each Call Back Time. 41. (Reserved) 42. Property Appraisers: 12-4-18 BOS Minutes 331 42.10 Eligible Classes: Property Appraisers are those employees in the classifications of Associate Appraiser (DATA), Assistant Appraiser (DAVA), and Junior Appraiser (DAWA). 42.11 Longevity Pay: Employees who have completed ten (10) years of service for the County are eligible to receive a two and one-half percent (2.5%) longevity differential effective on the first day of the month following the month in which the employee qualifies for the ten (10) year service award. 42.12 Standards Division Differential: Associate Appraisers assigned to the Standards Division of the Assessor’s Office shall receive a monthly differential in the amount of two and one-half percent (2.5%) of monthly base pay for each month assigned. This differential is in recognition of the additional responsibilities and duties required when assigned to the Standards Division. The Associate Appraiser in the Standards Division who is assigned the responsibility of providing lead direction and training to subordinate Appraisers shall receive a monthly differential in the amount of two and one-half percent (2.5%) of monthly base pay in addition to the differential described above. 42.13 Probation Period: The classification of Junior Appraiser (DAVA) shall have a probation period of one (1) year. 42.14 Educational Incentive: Employees are entitled to a monthly salary differential of two and one-half percent (2.5%) of monthly base pay or a minimum of fifty dollars ($50), whichever is greater, for possession of a certification for educational achievement from at least one of the following: a. American Institute of Real Estate Appraisers - Residential Member (RM) designation; b. State Board of Equalization - Advanced Appraiser certification; c. International Association of Assessing Officers - Residential Evaluation Specialist (RES); d. Society of Auditor Appraisers - Master Auditor-Appraiser (MAA) designation; and e. Society of Real Estate Appraisers - Senior Residential Appraiser (SRA) designation. 42.15 4/10 Summer Schedule: The Assessor will consider continuation of the annual 4/10 summer schedule, which begins when the Assessor declares and ends on October 31st of each year. 12-4-18 BOS Minutes 332 42.16 Life Insurance: Employees are covered at County expense by term life insurance in the amount of forty-five thousand ($45,000) in addition to the insurance provided in Section 2.24. 42.17 Professional Development: Employees are eligible for reimbursement of up to four hundred dollars ($400) for each two year period for memberships in professional organizations, subscriptions to professional publications, attendance fees at job-related professional development activities and purchase of job-related books, electronic calendars and organizers and computer software and hardware from a standardized County approved list or with Department Head approval, provided each employee complies with the provisions of the Computer Use and Security Policy adopted by the Board of Supervisors. Authorization for individual professional development reimbursement requests shall be made by the Department Head. 42.18 Deferred Compensation Special Benefit: Permanent employees are eligible for the deferred compensation Special Benefit provided in Section 13.11 and the Loan Program provided in Section 13.14. 42.19 Personal Holiday Credit: Employees are eligible to accrue two (2) hours of personal holiday credit each month in addition to those hours provided in Section 1.16(b), for a total of four (4) hours of personal holiday credit monthly. 42.20 Holidays Observed on Regular Day Off of Full-Time Employees on 4/10, 9/80, Flexible, and Alternate Work Schedule: a. When a holiday is observed by the County on the regularly scheduled day off of an employee who is on a 4/10, 9/80, flexible, or alternate work schedule, the employee is entitled to take eight (8) hours of flexible pay at the rate of 1.0 times his/her base rate of pay (not including differentials) or flexible compensatory time in recognition of his/her regularly scheduled day off. b. Flexible compensatory time may not be accumulated in excess of two hundred eighty-eight (288) hours. After 288 hours are accrued by an employee, the employee will receive flexible pay at the rate of 1.0 times his/her base rate of pay. Flexible compensatory time may be taken on those dates and times determined by mutual agreement of the employee and the Department Head or designee. c. Flexible compensatory time will be paid off only upon a change in status. A change in status includes separation, transfer to another department, reassignment to a permanent-intermittent position, or transfer assignment, or promotion or demotion into a position that is not eligible for flexible compensatory time. 12-4-18 BOS Minutes 333 d. Employees who elect to receive flexible compensatory time must agree to do so for a full fiscal year (July 1 through June 30). The employee must notify their departmental payroll staff of any change in the election by May 31 of each year. e. The above provisions a-d of this Section supersede Section 1.13 “Holidays - Flexible, Alternate, 9/80, and 4/10 Work Schedules.” 42.21 State Disability Insurance (SDI): a. General Provisions. Contra Costa County participates in the State Disability Insurance (SDI) program, which is administered by the State of California’s Employment Development Department (EDD) and is subject to EDD’s rules and procedures. Determination of SDI payments and eligibility to receive payments is at the sole discretion of the State of California. SDI payments are sent directly to the employee by the State of California. Employees in the Property Appraiser classifications identified in Section 42.10 who are eligible for SDI are required to file an SDI claim and to have any SDI payments integrated with the use of their sick leave accruals as described below. Changes to the SDI program could affect the County’s SDI Integration Program. b. Sick Leave Integration. Employees are required to use their sick leave accruals to the maximum extent possible to supplement the difference between the amount of the SDI payment and the employee's regular monthly salary. Integration of sick leave with SDI payments is automatic and cannot be waived. Integration applies to all SDI payments. When receiving SDI, the employee’s Departmental payroll staff will make appropriate integration adjustments, including retroactive adjustments, if necessary. Employees must inform their Department of their application for SDI in a timely manner in order for the Department to make appropriate integration adjustments. When there are insufficient sick leave accruals available to fully supplement the difference between the SDI payment and the employee’s regular monthly salary, accruals other than sick leave may be used at the employee’s option with the Department’s approval. Sick leave and other accruals may be integrated only to the extent that the total combined SDI and accrual payments do not exceed the employee’s regular monthly salary. When sick leave accruals are exhausted and no other accruals are used, integration with SDI payments terminates. When SDI is exhausted, integration terminates. The employee then may continue to use sick leave without integration and/or other accruals. 12-4-18 BOS Minutes 334 Employees whose SDI claims are denied must present a copy of their claim denial to their Department. The Department will then authorize the use of unused sick leave and/or other accruals as appropriate. c. Method of Integration. For purposes of integration with SDI payments, all full-time employees' schedules will be converted to eight (8) hour/five (5) day weekly work schedules. Employees with a schedule that is less than full-time will have their sick leave integration adjusted accordingly. 43. Probation – Longevity Differential: 43.10 Longevity Pay at 20 Years of County Service: In addition to the Longevity Pay provided in Section 12 of this resolution, employees in the classes set forth below are eligible to receive a one and a half percent (1.5%) longevity differential effective on the first day of the month following the month in which the employee qualifies for the twenty (20) year service award. For those employees who have twenty years of service on or before July 1, 2016, this additional longevity differential will be paid prospectively only from July 1, 2016. 43.11 Eligible Classes: This section applies only to the following classifications: Assistant County Probation Officer- Exempt (7AB1) Chief Deputy Probation Officer (7ADC) Institutional Supervisor II (7KGA) Probation Manager (7AGB) Probation Director (7BFA) 44. Probation - Safety Employees Retirement Tiers: 44.10 Safety Tier A: The retirement formula of “3 percent at 50" applies to employees in the classifications set forth below who become Safety members of the Contra Costa County Employees Retirement Association (CCCERA) on or before December 31, 2012 or who, under PEPRA, become reciprocal members of CCCERA, as determined by CCCERA. The cost of living adjustment (COLA) to the retirement allowances of these employees will not exceed three percent (3%) per year. The final compensation of these employees will be based on a twelve (12) consecutive month salary average. a. Until July 1, 2012, each employee in Tier A will pay nine percent (9%) of his/her retirement base to pay part of the employer’s contribution for the cost of Tier A retirement benefits. 12-4-18 BOS Minutes 335 b. For the period of July 1, 2012 through and including December 31, 2014, each employee in Tier A will pay four and one half percent (4.5%) of his/her retirement base to pay part of the employer’s contribution for the cost of Tier A retirement benefits. c. For the period of January 1, 2015 through and including June 29, 2015, each employee will pay two and one quarter percent (2.25%) of his/her retirement base to pay part of the employer’s contribution for the cost of Tier A retirement benefits. d. Effective on June 30, 2015, each employee’s payment of two and one quarter percent (2.25%) of his/her retirement base to pay part of the employer’s contribution for the cost of Tier A retirement benefits will cease. The payments set forth above will be made on a pre-tax basis in accordance with applicable tax laws. “Retirement base” means base salary and other payments, such as salary differential and flat rate pay allowances, used to compute retirement deductions. 44.11 Safety PEPRA Tier: For employees who become Safety New Members of the Contra Costa County Employees Retirement Association (CCCERA) on or after January 1, 2013, retirement benefits are governed by the California Public Employees’ Pension Reform Act of 2013 (PEPRA) (Chapters 296 and 297, Statutes of 2012) and Safety Option Plan Two (2.7% @ 57) applies. For employees who become Safety New Members of CCCERA on and after January 1, 2016, the cost of living adjustment to the retirement allowance will not exceed two percent (2%) per year and will be banked. To the extent that this resolution conflicts with any provision of PEPRA, PEPRA governs. 44.12 Eligible Classes: This section applies only to the following classifications: Assistant County Probation Officer-Exempt (7AB1) County Probation Officer-Exempt (7AA1) Chief Deputy Probation Officer (7ADC) Institutional Supervisor II (7KGA) Probation Manager (7AGB) Probation Director (7BFA) 45. Real Property Agent Advanced Certificate Differential: Employees in the classifications of Assessor (DAA1), Assistant County Assessor-Exempt (DAB1), and Real Estate Manager-Exempt (DYD1) are entitled to receive a monthly differential in the amount of five percent (5%) of base monthly salary for possessing and maintaining either a valid Senior Member Certificate issued by the International Executive Committee of the International Right of Way Association (IRWA) or a certification issued by the Building Owners and Managers Institute (BOMI) with a 12-4-18 BOS Minutes 336 designation as either a Real Property Administrator (RPA) or Facilities Management Administrator (FMA). Verification of eligibility will be by the Department Head or his/her designee. Eligibility for receipt of the differential begins on the first day of the month following the month in which eligibility is verified by the Department Head. All employees who qualify for the Senior Member certificate must recertify every five (5) years with the International Right of Way Association in order to retain the Senior Member designation and continue to receive the differential. In order to recertify, a Senior Member must accumulate seventy-five (75) hours of approved education which may include successfully completing courses, attending educational seminars or teaching approved courses. All employees who qualify for the RPA or FMA designation must recertify every three (3) years with BOMI in order to retain the RPA or FMA designation and continue to receive this differential. In order to retain certification, an employee must achieve eighteen (18) points of continuing professional development, which may include successfully completing courses, attending educational seminars, or teaching approved courses related to the industry. 46. Sheriff Sworn Management P.O.S.T.: A. Incumbents of the classes of Sheriff-Coroner (6XA1), Undersheriff–Exempt (6XB4), Assistant Sheriff- Exempt (6XB2) and Commander–Exempt (6XD1) who possess the appropriate certificates beyond the minimum P.O.S.T. qualifications required in their class may qualify for one, and only one, of the following career incentive allowances: 1. A career incentive allowance of two and one-half percent (2.5%) of monthly base pay will be awarded for the possession of a Management and/or Executive P.O.S.T. Certificate and possession of an approved Baccalaureate Degree. 2. A career allowance of five percent (5%) of monthly base pay will be awarded for the possession of a Management and/or Executive P.O.S.T. Certificate and possession of an approved Master’s Degree. B. Incumbents in the class of Chief of Police-Contract Agency-Exempt who possess the appropriate certificates beyond the minimum P.O.S.T. qualifications required in their class may qualify for one, and only one, of the following career incentive allowances: 1. A career incentive allowance of two and one-half percent (2.5%) of monthly base pay will be awarded for the possession of an Advanced P.O.S.T. Certificate. 2. A career incentive allowance of five percent (5%) will be awarded for the possession of an Advanced P.O.S.T. Certificate and possession of an approved Baccalaureate or Master’s Degree. 12-4-18 BOS Minutes 337 47. Sheriff Continuing Education Allowance: Sheriff’s Department employees in the classifications of Sheriff’s Fiscal Officer (APSA) and Sheriff’s Chief of Management Services (APDC) are eligible to receive a Continuing Education Allowance of two and one-half percent (2.5%) of base monthly salary for any fiscal year in which they complete at least sixty (60) hours of education or training or at least three(3) semester units of college credit or a combination thereof, approved by the department, subject to all of the following conditions: A. An application must be submitted in advance, to the Sheriff’s Department prior to the fiscal year in which the education or training will occur. B. The education or training must be directly related to the technical or Management duties of the employee’s job. C. The course must be reviewed and approved in advance by the Sheriff’s Department Standards and Resources Bureau. D. The employee must show evidence of completion with a passing grade. 48. Sheriff Emergency Services Standby Differential: Employees in the classification of Emergency Planning Specialist–Exempt (9GS1) who perform standby duty for the Office of Emergency Services at least one (1) week per month, are entitled to receive a differential in the amount of two and one-half percent (2.5%) of base monthly salary. 49. Sheriff Law Enforcement Longevity Differential: 49.10. 15 Years of Sworn County Service: Incumbents in the classifications of Undersheriff-Exempt (6XB4), Assistant Sheriff- Exempt (6XB2), Commander- Exempt (6XD1), and Chief of Police-Contract Agency-Exempt (6XF1) are eligible for a differential of five percent (5%) of base monthly salary upon completion of fifteen (15) years of County service as a full-time, permanent, sworn law enforcement officer. 49.11. 20 Years of Sworn County Service: Incumbents in the classifications of Undersheriff-Exempt (6XB4), Assistant Sheriff- Exempt (6XB2), Commander- Exempt (6XD1), and Chief of Police-Contract Agency-Exempt (6XF1) are eligible for a differential of two percent (2%) of base monthly salary upon completion of twenty (20) years of County service as a full-time, permanent, sworn law enforcement officer. For employees who completed twenty (20) years of such service on or before September 1, 2013, this longevity differential will be paid prospectively only from September 1, 2013. 50. Sheriff Uniform Allowance: The Sheriff-Coroner (6XA1), Undersheriff-Exempt (6XB4), Assistant Sheriff- Exempt (6XB2), Commander-Exempt (6XD1), Chief of Police-Contract Agency-Exempt (6XF1) and non-sworn management employees in the Sheriff-Coroner’s Department will be paid a uniform allowance in the amount of eight hundred seventy-two dollars ($872) per year effective July 1, 2007, payable 12-4-18 BOS Minutes 338 one-twelfth (1/12) of the yearly total in monthly pay warrants. The non-sworn management employees eligible for this uniform allowance are: Sheriff’s Fiscal Officer (APSA) and Sheriff’s Chief of Management Services (APDC/APD2). 51. Sheriff - Detention Division Meals: Employees assigned to the Detention Division will have fifteen dollars ($15.00) per month deducted from their pay checks in exchange for meals provided by the Department. The employee may choose not to eat facility food. In that case, no fees will be deducted. 52. Sheriff - Safety Employees Retirement Tiers: 52.10. Safety Tier A: The retirement formula of “3 percent at 50" applies to employees in the classifications set forth below, who are employed by the County as of December 31, 2006. The cost of living adjustment (COLA) to the retirement allowances of these employees will not exceed three percent (3%) per year. The final compensation of these employees will be based on a twelve (12) consecutive month salary average. Safety Tier A is closed to all employees initially hired by Contra Costa County after December 31, 2006. 52.11 Safety Tier C: The retirement formula of “3 percent at 50" applies to employees in the classifications set forth below, who are hired by the County after December 31, 2006 and on or before December 31, 2012, or who, under PEPRA, become reciprocal members of CCCERA, as determined by CCCERA. The cost of living adjustment (COLA) to the retirement allowances of these employees will not exceed two percent (2%) per year. The final compensation of these employees will be based on a thirty-six (36) consecutive month salary average. 52.12 Safety PEPRA Tier: For employees who become Safety New Members of the Contra Costa County Employees Retirement Association (CCCERA) on or after January 1, 2013, retirement benefits are governed by the California Public Employees’ Pension Reform Act of 2013 (PEPRA) (Chapters 296 and 297, Statutes of 2012) and Safety Option Plan Two (2.7% @ 57) applies. The cost of living adjustment to the retirement allowances of these employees will not exceed two percent (2%) per year and will be banked. To the extent that this resolution conflicts with any provision of PEPRA, PEPRA governs. 52.13 Employees with more than 30 years of Service: Commencing January 1, 2007, employees in the classifications set forth below and designated by the Contra Costa County Employees’ Retirement Association as safety members with credit for more than thirty (30) years of continuous service as safety members, will not make payments from their retirement base to pay part of the employer’s contribution towards the cost of Safety Tier A. 52.14 Retirement Tier Elections: If members of the Deputy Sheriffs’ Association have the opportunity to elect different retirement tiers, employees in the classifications set forth below and employed by the County as of December 31, 2012, will be offered the same opportunity to elect the new Safety PEPRA 12-4-18 BOS Minutes 339 Tier at the same time and on the same terms and conditions as are applicable to members of the Deputy Sheriffs’ Association. 52.15 Eligible Classes. This section applies only to the following classifications: Sheriff-Coroner (6XA1) Undersheriff-Exempt (6XB4) Assistant Sheriff-Exempt (6XB2) Commander-Exempt (6XD1) Chief of Police-Contract Agency-Exempt (6XF1) 53. Safety Employees Retirement Tiers (Miscellaneous Safety Classifications) Benefit 53.10 Safety Tier A: The retirement formula of “3 percent at 50" applies to employees in the classifications set forth below who become Safety members of the Contra Costa County Employees Retirement Association (CCCERA) on or before December 31, 2012, or who under PEPRA, become reciprocal members of CCCERA as determined by CCCERA. The cost of living adjustment (COLA) to the retirement allowances of these employees will not exceed three percent (3%) per year. The final compensation of these employees will be based on a twelve (12) consecutive month salary average. a. Until September 1, 2013, each employee in Tier A will pay nine percent (9%) of his/her retirement base to pay part of the employer’s contribution for the cost of Tier A retirement benefits. b. For the period September 1, 2013, through and including December 31, 2014, each employee in Tier A will pay four and one half (4.5%) of his/her retirement base to pay part of the employer’s contribution for the cost of Tier A retirement benefits. c. For the period January 1, 2015, through and including June 30, 2015, each employee in Tier A will pay two and a quarter percent (2.25%) of his/her retirement base to pay part of the employer’s contribution for the cost of the Tier A retirement benefit. d. Effective June 30, 2015, these payments will cease The payments set forth above will be made on a pre-tax basis in accordance with applicable tax laws. “Retirement base” means base salary and other payments, such as salary differential and flat rate pay allowances used to compute retirement deductions. 53.11 Safety PEPRA Tier: For employees who become safety New Members of the Contra Costa County Employees Retirement Association (CCCERA) on or after January 1, 2013, retirement benefits are governed by the California 12-4-18 BOS Minutes 340 Public Employees’ Pension Reform Act of 2013 (PEPRA) (Chapters 296 and 297, Statutes of 2012) and Safety Option Plan Two (2.7% @ 57) applies. For employees hired by the County on or after January 1, 2014, who under PEPRA, become safety New Members of CCCERA, the cost of living adjustment to the retirement allowance will not exceed two percent (2%) per year and will be banked. To the extent that this resolution conflicts with any provision of PEPRA, PEPRA governs. 53.12 Eligible Classes. This section applies only to the following classifications: Assistant Chief Public Service Officer (64BA) Director of Hazardous Materials Program-Exempt (VLD2) 54. Treasurer-Tax Collector Professional Development Differential: Treasurer-Tax Collector employees in one of the classifications listed below are eligible to receive a monthly differential equivalent to five percent (5%) of base salary for possession of at least one (1) of the following specified professional certifications and for completion of required continuing education requirements associated with the individual certifications. Verification of eligibility for any such differential must be provided to the Auditor in writing by the Treasurer-Tax Collector or his/her designee. Under this program, no employee may receive more than a single five percent (5%) differential at one time, regardless of the number of certificates held by that employee. This section applies only to the following classifications: Treasurer-Tax Collector (S5A1) Treasurer’s Investment Officer-Exempt (S5S3) Assistant County Treasurer-Exempt (S5B4) Assistant County Tax Collector (S5DF) Chief Deputy Treasurer Tax Collector-Exempt (S5B2) Qualifying Certificates: Certified Cash Manager (C.C.M.) Certified Financial Planner (C.F.P.) Certified Government Planner (C.G.F.P.) Certified Treasury Manager (C.T.M.) Chartered Financial Analyst (C.F.A.) 55. Executive Assistant to the County Administrator Differential: At the discretion of the County Administrator, an employee in the classification of Executive Assistant II to the County Administrator- Exempt (J3H2) is eligible to receive a monthly differential equivalent to five percent (5%) of base salary while the em ployee is performing work on special project assignments. Verification of eligibility for any 12-4-18 BOS Minutes 341 such differential must be provided to the Auditor in writing by the County Administrator or his/her designee. 56. Countywide Accounting Differential: Employees in the classifications of Auditor – Controller Division Manager (SADD) and Assistant County Auditor Controller (SAB1) working in the Office of the Auditor-Controller are eligible to receive a monthly differential equivalent to five percent (5%) of base salary in recognition of the increased responsibility involved in ensuring the system-wide fiscal integrity of the County and its dependent special districts. V. TEMPORARY AND PER DIEM EMPLOYEES EXCLUDED. Parts I through IV above do not apply to temporary and per diem employees. Benefits for temporary and per diem employees are only those provided in Appendix I “Benefits for Temporary and Per Diem Employees,” attached. [EXHIBITS AND APPENDIX ATTACHED] 12-4-18 BOS Minutes 342 Exhibit A Job Code Classification SADD AC Division Manager AJGA Ada Manager AP7A Administrative Aide-Deep Class AP73 Administrative Aide-Project APDB Administrative Svcs Officer XQD2 Aging/Adult Svcs Director-Ex BKS1 Animal Clinic Veterinarian-Ex BJD2 Animal Services Captain-Ex JJNG Assessor's Clerical Staff Mngr VCS1 Assist To Hlth Svc Dir - Ex 9MD3 Assistant Director-Project DATA Assoc Appraiser BAB1 Asst Agr Com/Wts/Meas-Exempt DAVA Asst Appraiser LTB1 Asst Chief Info Officer - Ex 64BA Asst Chief Public Svc Officer 7AB1 Asst Co Prob Off - Exempt ADB4 Asst County Administrator DAB1 Asst County Assessor-Exe SAB1 Asst County Auditor Controlle ALB3 Asst County Clerk-Recorder -Ex 2ED1 Asst County Counsel-Exempt 3AB1 Asst County Librarian-Exempt ALB1 Asst County Registrar-Exempt S5DF Asst County Tax Collector S5B4 Asst County Treasurer-Exempt 5AH5 Asst Dep Dir, Conserv & Dev-Ex VCB1 Asst Dir Of Health Svcs AGB1 Asst Dir Of Human Resources-Ex XAD7 Asst Dir-Policy & Planning-Ex 2KD3 Asst District Attorney-Exempt LBD4 Asst HS IT Dir-App Dev-Ex LBD2 Asst HS IT Dir-Customer Supp-E LBD7 Asst HS IT Dir-Info Security-E LBD3 Asst HS IT Dir-Infrastruct-Ex LBD1 Asst HS IT Dir-Project Mgmt-Ex 25D2 Asst Public Defender-Exempt AJDP Asst Risk Manager 6XB2 Asst Sheriff-Exempt ADBA Asst To The County Admin 29TA Attorney Advance-Chld Sppt Svc 29VA Attorney Basic-Child Sppt Svcs 29WA Attorney Entry-Child Sppt Svcs J995 Bd Of Supvr Asst-Chief Asst J992 Bd Of Supvr Asst-Gen Office J993 Bd Of Supvr Asst-Gen Secretary J994 Bd Of Supvr Asst-Specialist ADT2 Capital Facilities Analyst-Prj VPD4 CCHP Medical Director-Exempt VCB2 CCRMC Chief Exec Ofc - Exempt 5ABD Chf, Anex And Econ Stm Prog JJDA Chief Assistant Clerk-BOS 2ED2 Chief Asst County Counsel SMBA Chief Asst Director/Dcss Resolution No. 2018/563 Page 1 of 4 12-4-18 BOS Minutes 343 Exhibit A Job Code Classification 2KD2 Chief Asst District Attorney-E 25D1 Chief Asst Public Defender 7ADC Chief Dep Probation Officer AXD1 Chief Dep Public Admin-Exempt S5B2 Chief Dep Treasure/Tax Coll-Ex XAB1 Chief Deputy Director-Exempt NAB1 Chief Deputy Pw Director-Ex VCB3 Chief Executive Officer-CCHP-E 6EH1 Chief Investigator Pd-Exempt S5BC Chief Investment Officer LWS1 Chief IT Security Officer-Ex VPS4 Chief Medical Officer - Exempt VWD2 Chief Nursing Officer-Exempt APDK Chief of Administrative Svcs AGD3 Chief Of Labor Relations - Ex VAD3 Chief of Plant Operations - Ex BKD1 Chief of Shelter Medicine-EX VWD1 Chief Operations Officer-Exemp 6XF1 Chief Police-Contract Agncy-Ex ADS2 Chief Public Commun Officer-Ex VAB2 Chief Quality Officer-Exempt 25DB Chief Trial Deputy Public Def 9JS2 Child Nutrt Div Nutri-Project 9JS3 Child Nutrt Food Oper Supv-Prj 9CDA Child Spprt Svcs Manager XAD5 Children And Family Svcs Dir-E 9MH1 Children Svcs Mgr-Project 2ETG Civil Litig Atty-Advanced 2ETE Civil Litig Atty-Basic Lvl 2ETF Civil Litig Atty-Standard AJD2 Cnty Cmpln HIPAA Pvcy Ofcr -Ex 6XD1 Commander-Exempt CCD1 Community Svcs Director-Exempt CCHA Community Svcs Personnel Admin 9J71 Community Svcs Personnel Tech 9MS7 Comprehensive Svcs Asst Mgr-Pr 9MS3 Comprehensive Svcs Man -Prj NAF1 County Surveyor-Exempt CJH3 Cs Mental Hlth Clin Supv-Proj APDD DA Chief Of Administrative Svc 6KD1 DA Chief Of Inspectors-Exempt 6KDC DA Dir Of Forensic & Tech Svcs 6KNB DA Lieutenant Of Inspectors JJGE DA Manager Of Law Offices JJHG DA Office Manager J3T7 DA Program Assistant-Exempt 4AD1 Dep Dir Of Conserv & Dev-Ex APSA Departmental Fiscal Officer ARVA Departmental HR Analyst I ARTA Departmental HR Analyst II APG1 Dept. Pers. Officer - Exempt ADSH Deptl Comm & Media Rel Coord JJHD Deputy Clerk-Board Of Supv ALB2 Deputy Co Clerk-Recorder-Ex Resolution No. 2018/563 Page 2 of 4 12-4-18 BOS Minutes 344 Exhibit A Job Code Classification 2ETK Deputy Co Counsel-Advanced 2ET3 Deputy Co Counsel-Advanced-Ex 2ETH Deputy Co Counsel-Basic 2ET1 Deputy Co Counsel-Basic-Exempt 2ETJ Deputy Co Counsel-Standard 2ET2 Deputy Co Counsel-Standard-Ex 3AFE Deputy Co Librarian 3AFG Deputy Co Librarian-Supt Svcs 5AB2 Deputy Dir Com Dev/Curr-Ex 5AH2 Deputy Dir Com Dev/Trans-Ex LTD1 Deputy Dir/Info Technology-Exe ADD7 Deputy Director Of Orj-Project 2KWF Deputy District Attorney-Ft-Fl VCD2 Deputy Executive Dir/CCHP-Ex NAD8 Deputy General Svcs Director/E NAD0 Deputy Public Works Director-E VRG1 Dir Mktg/Mem Svcs & Pr-CCHP-Ex VQD4 Dir Of Mental Health Svcs-Ex VAD1 Dir Of Patient Fin Svcs-Exempt ADD5 Dir Office Child Svcs - Ex 9BD1 Director Of Airports VLD1 Director Of Env Health Svcs-Ex VLD2 Director Of Haz Mat Program-Ex 5AB1 Director Of Redevel-Exempt SMD1 Director Of Revenue Collection ADSB Director Office Of Comm/Media 5AH6 Economic Dev Manager - Exempt XAD9 EHS Chief Financial Off - Ex XAD2 EHS Deputy Bureau Director-Ex XAD6 EHS Director Of Admin-Exempt X762 EHS Workforce Dev Youth Wkr-Pj VAD2 Emerg Med Svcs Dir - Exempt 9GS1 Emergency Planning Spec-Exempt AGVG Employee Benefits Analyst AGD2 Employee Benefits Manager AGSC Employee Benefits Specialist AJHA Employee Benefits Supervisor AJDB Equal Employment Oppt Officer J3V2 Exec Asst I To Co Adminis-Ex J3H2 Exec Asst II To Co Adminis-Ex J3T6 Exec Secretary/ Merit Board J3T5 Exec Secretary-Exempt J3TJ Executive Secretary-Dcss VPS2 Exempt Med Stf Podiatrist LBSE Financial Systems Manager APDE Fire District Chief/Admin Svcs 6CW1 Forensic Analyst-Project VASH Health Equity Program Manager VRGC Health Plan Dir Comp & Gov Rel VCS3 Health Plan Services Asst-Ex LBB3 Health Svcs IT Director-Ex AGD4 HR Manager - Exempt AGSE HR Systems Analyst AGTG HR Systems Specialist Resolution No. 2018/563 Page 3 of 4 12-4-18 BOS Minutes 345 Exhibit A Job Code Classification AGDG HRIS Administrator AGVF Human Resources Consultant AGDF Human Resources Project Mngr AG7B Human Resources Technician 7KGA Inst Supervisor II DAWA Junior Appraiser ADSI Labor Relations Analyst I ADSJ Labor Relations Analyst II AD7C Labor Relations Assistant ADD6 Labor Relations Manager-Exempt 5ASF Land Information Bus Ops Mngr AJHC Leave And ACA Admin 6KWG Lieutenant Of Insp-Welf Fraud ADVB Management Analyst ADD4 Manager Cap Fac/Debt Mgmt-Ex VCA2 Medical Director SAHM Payroll Systems Administrator AGDE Personnel Services Supervisor AP7B Personnel Technician ADNC Principal L/R Analyst ADHB Principal Management Analyst APDJ Probation Chief Of Admin Svcs 7BFA Probation Director 7AGB Probation Manager STD1 Procurement Svcs Manager-Ex ADS1 Public Information Officer APDF Pw Chief Of Fiscal Services 5AH4 Redevelopment Proj Manager-Prj APHB Research and Eval Manager VPD5 Residency Director-Exempt AJD1 Risk Manager AJH1 Risk Mgmt Training Coord-Prj AVS4 Sbdc Business Consultant-Prj AVD3 Sbdc Director-Project CCG1 School Readiness Prog Coor-Prj J3S2 Secretary To Undersheriff NSGA Senior Land Surveyor ADTD Senior Management Analyst APD2 Sheriff's Chf Of Mgnt Svcs -Ex J3T0 Sheriff's Executive Asst-Ex ADB5 Special Asst To The Co Admn-Ex ADDH Sr Deputy County Admnistrator 2KD1 Sr Deputy District Attorney-Ex 2ED3 Sr Financial Counselor-Exempt AGTF Sr Human Resources Consultant 29HA Supervising Attorney-Dcss S5S3 Treasurer's Invest Officer-Ex 6XB4 Undersheriff-Exempt EBW1 Voter Edu & Engmt Asst - Prj EBV1 Voter Edu & Engmt Spec-Prj 9KN3 Weatherization/Hm Repair Supv XAD4 Workforce Inv Bd Exc Dir-Ex XAD3 Workforce Svcs Director-Exempt Resolution No. 2018/563 Page 4 of 4 12-4-18 BOS Minutes 346 Exhibit B Job Code Classification DATA Assoc Appraiser DAVA Asst Appraiser 9JS2 Child Nutrt Div Nutri-Project 2KWF Deputy District Attorney-Ft-Fl X762 EHS Workforce Dev Youth Wkr-Pj VPS2 Exempt Med Stf Podiatrist 6CW1 Forensic Analyst-Project DAWA Junior Appraiser EBW1 Voter Edu & Engmt Asst - Prj Resolution No. 2018/563 Page 1 of 1 12-4-18 BOS Minutes 347 Exhibit C Job Code Classification BAA1 Agricultural Com-Dir Wts/Meas DAA1 Assessor SAA1 Auditor-Controller ADA1 Bd Of Supvr Member ADB1 Chief Asst County Admin LTA1 Chief Info Off/Dir Of Info Tec ALA1 Clerk Recorder ADA2 County Administrator 2EA1 County Counsel ADB6 County Finance Director-Ex 3AAA County Librarian 7AA1 County Probation Officer-Ex 96A1 County Veterans' Svcs Officer 4AA1 Dir Of Conservation & Devlp-Ex BJA1 Director Of Animal Serv-Exempt SMA1 Director Of Child Support Svcs NAA2 Director Of General Services-E VCA1 Director Of Health Services AGA2 Director Of Human Resources-Ex XAA2 Director-EHSD-Exempt 2KA1 District Attorney RPA1 Fire Chief-Contra Costa 25A1 Public Defender NAA1 Pw Director 6XA1 Sheriff-Coroner S5A1 Treasurer-Tax Collector Resolution No. 2018/563 Page 1 of 1 12-4-18 BOS Minutes 348 Exhibit D Department Head Job  Code Chief Assistant Department Head Job  Code Agricultural Commissioner/ Director of  Weights and Measures  BAA1 Assistant Deputy Agricultural Commissioner/Sealer  of Weights and Measures‐Exempt BAB1 Assessor  DAA1 Assistant County Assessor DAB1 Director of Human Resources  AGA2 Assistant Director of Human Resources AGB1 Auditor‐Controller  SAA1 Assistant County Auditor‐Controller SAB1 Board of Supervisors Member  ADA1 No Chief Assistant Chief Information Officer/ Director of  Information Technology  LTA1 No Chief Assistant Clerk Recorder ALA1 Assistant County Registrar ALB1 Assistant County Clerk‐Recorder  ALB3 Deputy County Clerk‐Recorder‐Exempt ALB2 County Administrator ADA2 Chief Assistant County Administrator ADB1 County Finance Director ADB6 County Counsel 2EA1 Excluded Classification County Librarian  3AAA Deputy County Librarian ‐ Public Services                    3AFE Deputy County Librarian ‐ Support Services  3AFG County Probation Officer  7AA1 Asst County Probation Officer 7AB1 County Veterans' Services Officer 96A1 No Chief Assistant Director‐EHSD‐Exempt XAA2 Aging/Adult Svcs Director XQD2 Children and Family Svcs Director XAD5 Community Svcs Director CCD1 EHS Director of Admin XAD6 Workforce Inv Bd Exec Director XAD4 Director of Animal Services  BJA1 Deputy Director of Animal Services BJD1 Director of Child Support Services SMA1 Chief Assistant Director of Child Support Services SMBA Director of Conservation and Development 4AA1 Deputy Director of Community  Development/Transportation‐Exempt       5AH2 Deputy Director of Conservation and Development 4AD1 Director of Health Services VCA1 No Chief Assistant District Attorney 2KA1 Excluded Classification Public Defender 25A1 Excluded Classification Public Works Director NAA1 Chief Deputy Public Works Director NAB1 Sheriff‐Coroner 6XA1 Undersheriff 6XB4 Treasurer‐Tax Collector S5A1 Chief Deputy Treasurer‐Tax Collector S5B2 Resolution No. 2018/563 Page 1 of 1 12-4-18 BOS Minutes 349 Exhibit E Job Code Classification 6XB2 Asst Sheriff-Exempt 6XF1 Chief Police-Contract Agncy-Ex 6XD1 Commander-Exempt 6XA1 Sheriff-Coroner 6XB4 Undersheriff-Exempt Resolution No. 2018/563 Page 1 of 1 12-4-18 BOS Minutes 350 APPENDIX I   Resolution No. 2018/563 Page 1 of 8    BENEFITS FOR UNREPRESENTED TEMPORARY AND PER DIEM EMPLOYEES 1. Definitions 1.10 Temporary Employment: Any employment which will require the services of an incumbent for a limited period of time, paid on an hourly basis, not in an allocated position or in permanent status. 1.11 Per Diem Employment: Per diem employment is any employment that requires the services of a person on a daily basis, and that person is paid on an hourly basis and his/her classification has "per diem" in its title. 1.12 Covered Units: This Appendix I applies to anyone who is a temporary or per diem employee in one of the units listed on Exhibit G. 2. Days and Hours of Work 2.10 Schedule: Temporary and per diem employees are eligible to work a maximum of twenty five (25) hours per week with the exception of the following: 1. Employees assigned to the Attorney classifications listed in Exhibit F. 2. Employees assigned to a classification listed in Exhibit G in unit BD- Management, Classified and Exempt Department Heads. 3. Employees assigned to the classifications of: Deputy Sheriff-Per Diem (6XWC); District Attorney Senior Inspector (6KVA); District Attorney Senior Inspector Welfare Fraud (6KVD); and District Attorney Inspector- Welfare Fraud (6KWF). 4. Employees in the Health Services Department assigned to the classifications of: Nursing Shift Coordinator-Per Diem (VWHD); temporary Exempt Medical Staff Physician (VPW9); Administrative Intern (AP9A), but only if working in the Mental Health Program. 5. Employees in the Public Defender’s Office assigned to the classification of Student Intern (998E), but only while such employees are working on death penalty cases. 6. Student Interns (998 A-E) may work up to twenty (20) hours per week, except for summer break. During summer break, Student Interns may work up to forty (40) hours per week for up to twelve (12) weeks. For purposes of this section 2.10, “summer break” means May through September. 12-4-18 BOS Minutes 351 APPENDIX I   Resolution No. 2018/563 Page 2 of 8    7. Retiree temporary employees. 2.11 Workweek: The workweek begins at 12:01 a.m. on Monday and ends at 12 midnight on Sunday. 2.12 Time Reporting/Time Stamping: Temporary and per diem employees must timestamp in and out as they begin their work shifts, finish their work shifts, and take meal periods. 3. Salary Administration-Payment 3.10 Hourly Rate: The hourly rate paid to temporary and per diem employees will be the “1.00 hourly rate” calculated on the salary schedule by dividing the unrounded monthly salary at any step by 173.33. 3.11 New Employee Step: Except as otherwise permitted in deep class resolutions, temporary and per diem employees will generally be appointed at the minimum step of the salary range established for the particular class to which the appointment is made. However, the Human Resources Director may authorize an appointing authority to make a particular temporary appointment at a step above the minimum of the range. 3.12 Payment: Temporary and per diem employees are paid on the 10th of each month for the previous month (16th to end of the month) and on the 25th of each month for the 1st to the 15th of the current month. Temporary and per diem employees require “Positive” reporting of all hours to be paid. 3.13 Pay Warrant Errors: If an employee receives a pay warrant which has an error in the amount of compensation to be received and if this error occurred as a result of a mistake by the Auditor-Controller’s Office, it is the policy of the Auditor-Controller’s Office that the error will be corrected and a new warrant issued within forty-eight (48) hours, exclusive of Saturdays, Sundays and Holidays from the time the department is made aware of and verifies that the pay warrant is in error. Pay errors discovered by the County in employee pay will be corrected prospectively as soon as possible as to current pay rate. No recovery of either overpayments or underpayments to an employee will be made retroactively except for the six (6) month period immediately preceding discovery of the pay error. This provision will apply regardless of whether the error was made by the employee, the Appointing Authority or designee, the Director of Human Resources or designee, or the Auditor-Controller or designee. Recovery of fraudulently accrued over or underpayments are excluded from this section for both parties. 12-4-18 BOS Minutes 352 APPENDIX I   Resolution No. 2018/563 Page 3 of 8    The County will notify an employee of an overpayment and repayment schedule. When the County notifies an employee of an overpayment and a proposed repayment schedule, the employee may accept the proposed repayment schedule or may request a meeting through the County Human Resources Department. If requested, a meeting shall be held to determine a repayment schedule which shall be no longer than three (3) times the length of time the overpayment occurred. 3.14 Overtime Pay: Temporary and per diem employees will be paid overtime pay in accordance with the Fair Labor Standards Act method for computing overtime for any authorized work performed in excess of forty (40) forty hours per week. Work performed does not include non–worked hours. 4. Salary Increments within Range 4.10 Increment Eligibility and Salary Review: All temporary and per diem employees will accumulate a record of straight time hours worked for the purpose of a salary review to determine whether the employee will be advanced to the next higher salary step in the salary range for the classification. Advancement to a higher step will be granted only on the affirmative recommendation of the appointing authority, based on satisfactory performance by the employee. The appointing authority may recommend either granting or denying the salary increment for the increment. Temporary and per diem employees hired at Step 1 of the salary range for their classification will be eligible for a salary review as described above after completion of 1040 straight time hours worked. Employees will be eligible for additional salary review after accumulation of an additional 2080 straight time hours. No provision of this section will be construed to make the granting of salary increments mandatory on the County. 4.11 Frequency of Increments: Increments within range will not be granted more frequently than once per every 2080 straight time hours worked by a temporary or a per diem employee. 4.12 Effective Date: Step increases resulting from an approved salary review will be effective the first of the month following completion of 2080 straight time hours worked and return of the salary review report to the Human Resources Department. 12-4-18 BOS Minutes 353 APPENDIX I   Resolution No. 2018/563 Page 4 of 8    5. Special Pays and Benefits Temporary and per diem employees, other than physicians, may be eligible for certain special types of pays and benefits, in addition to wages, under specifically defined circumstances. Those special pays and benefits that are applicable to certain temporary and per diem employees are specified under this Section 5 “Special Pay and Benefits.” If a special pay or benefit is not listed in this Appendix then that special pay or benefit does not apply to temporary or per diem employees. 5.10 Overtime Pay Nursing Shift Coordinator- Per Diem (VWHD): Per Diem employees in the classification of Nursing Shift Coordinator- Per Diem (VWHD) who work on a holiday are entitled to receive overtime pay at the rate of one and one-half (1.5) times his/her hourly rate for all hours worked on the holiday, up to a maximum of eight (8) hours. 5.11 Shift Differential: Temporary employees in the classification of Student Worker (999E) and per diem employees in the classification of Nursing Shift Coordinator- Per Diem (VWHD) will receive a shift differential of five percent (5%) of base rate of pay when the employee is scheduled to work for four (4) or more hours between 5:00p.m. and 9:00a.m. In order to receive the shift differential, the employee must start work between the hours of midnight and 5:00a.m. or between 11:00a.m. and midnight on the day the shift is scheduled to begin. Hours worked in excess of the employee’s scheduled workday will count towards qualifying for the shift differential, but the employee will not be paid the shift differential on any excess hours worked. 5.12 Evening Shift Differential: Temporary employees in the classification of Family Nurse Practitioner (VWSB) and a per diem employees in the classification of Nursing Shift Coordinator- Per Diem (VWHD) will receive a shift differential of twelve (12%) of the employee’s base hourly rate of pay for the employee’s entire shift designation when the employee works four (4) or more hours between 5:00 p.m. and 11:00 p.m. In order to receive the shift differential the employee must start work between 11:00 a.m. and 12:00 midnight on the day the shift is scheduled to begin. Hours worked in excess of the employee’s shift designation will count towards qualifying for the shift differential but the employee will not be paid the shift differential on any hours worked in excess of the employee’s shift designation. 12-4-18 BOS Minutes 354 APPENDIX I   Resolution No. 2018/563 Page 5 of 8    5.13 Night Shift Differential: Temporary employees in the classification of Family Nurse Practitioner (VWSB) and a per diem employee in the classification of Nursing Shift Coordinator- Per Diem (VWHD) will receive a shift differential of fifteen percent (15%) of the employee’s base hourly rate of pay for the employee’s entire shift designation when the employee works four (4) or more hours between 11:00 p.m. and 9:00 a.m. In order to receive the shift differential the employee must start work between the hours of 7:00 p.m. and 12:00 midnight or 12:00 midnight and 8:00 a.m. on the day the shift is scheduled to begin. Hours worked in excess of the employee’s shift designation will count towards qualifying for the shift differential but the employee will not be paid the shift differential on any hours worked in excess of the employee’s shift designation. 5.14 Weekend Shift Differentials: Temporary employees in the classifications Library Student Assistant-Exempt (3KW2) and Library Aide-Exempt (3KW4) may receive a shift differential of five percent (5%) of the employee’s base hourly rate of pay for all hours worked on a Saturday. Said five percent (5%) differential will not apply to an overtime hours worked on Saturday. Temporary employees in the classifications Library Student Assistant-Exempt (3KW2) and Library Aide-Exempt (3KW4) may receive a shift differential of seven and one-half percent (7.5%) of the employee’s based rate of pay for all hours worked on a Sunday. Said seven and one-half percent (7.5%) differential will not apply to overtime hours worked on Sundays. 5.15 Hospital and Clinics Division Weekend Shift Differential: Temporary employees in the classification of Family Nurse Practitioner (VWSB) who work in the Hospital and Clinic divisions will be paid an additional ten dollar ($10.00) per hour if assigned a shift within the following timeframe, FRI 11PM TO SUN 11PM. 5.16 Morning Watch Shift Differential: Temporary employees in the classification of Dispatcher I (64WK) and Dispatcher II (64WM) may receive Morning Watch Shift Differential of three percent (3%) of base rate of pay for the employee’s entire scheduled shift when the employee works four (4) or more hours between the hours of 0000 and 0800. The Morning Watch is defined as time worked between the hours of 0000 hours and 0800 hours. 12-4-18 BOS Minutes 355 APPENDIX I   Resolution No. 2018/563 Page 6 of 8    5.17 Evening Watch Shift Differential: Temporary employees in the classification of Dispatcher I (64WK) and Dispatcher II (64WM) may receive an Evening Watch Shift Differential of five percent (5%) of base rate of pay for the employee’s entire scheduled shift when the employee works four (4) or more hours between 1600 and 0000 hours. The Evening Watch is defined as time worked between 1600 hours and 0000 hours. Hours worked in excess of the employee’s scheduled workday will count toward qualifying for the Morning Watch Shift Differential and Evening Watch Shift Differential, but the employee will not be paid the differential on any excess hours worked. 5.18 Code Gray/STAT Team Differential: Per Diem employees in the classification of Nursing Shift Coordinator- Per Diem (VWHD) who are assigned by hospital administration to respond to emergency Code Gray calls as a member of the STAT Team are entitled to a differential of ten percent (10%) of the employee’s base rate of pay (not including differentials). 5.19 School Security Detail: Temporary employees in the classification of Deputy Sheriff Reserve (6XW3) who are assigned to events held within the San Ramon Valley School district will receive $20.00 per hour. 5.20 County Fair Assignment: Temporary employees in the classification of Deputy Sheriff Reserve (6XW3) who are assigned to the annual Contra Costa County Fair will receive $25.00 per hour. 6. Special Pays for Temporary Physicians 6.10 Emergency Room Pay: A temporary physician working in the Emergency Room will be paid the following differentials in addition to his/her regular pay. Monday – Thursday 7:00 am-11:00 pm $14 per hour Friday 7:00 am-7:00 pm $14 per hour Monday – Thursday 11:00 pm – 7:00 am $42 per hour Friday, Saturday, Sunday 7:00 pm – 7:00 am $56 per hour Saturday, Sunday 7:00 am – 7:00 pm $28 per hour Holidays worked in the Emergency Room will be paid an additional $28 per hour between 7:00 am and 7:00 pm. Holidays worked in the Emergency Room will be paid an additional $56 per hour between 7:00 pm and 7:00 am. 12-4-18 BOS Minutes 356 APPENDIX I   Resolution No. 2018/563 Page 7 of 8    6.11 Weekend Rounds Differential: A temporary physician is eligible for this differential when the temporary physician works unscheduled rounds at the hospital between the hours of 11:00 pm on Friday and 11:00 pm on Sunday. This differential is paid at the rate of 1.0 times his/her base rate of pay (not including differentials) plus $42 per hour, with a minimum pay of three (3) hours. However, only a single three (3) hour minimum will be allowed for each 24 hour period. 6.12 (Reserved) 6.13 Holiday Rounds Differential: A temporary physician is eligible for this differential when the physician works unscheduled rounds at the hospital on a holiday observed by the County. This differential is paid at the rate of 1.0 times his/her base rate of pay (not including differentials) plus $42 per hour, with a minimum pay of three (3) hours. However, only a single three (3) hour minimum will be allowed for each 24 hour period. 6.14 Physician On-Call OBGYN In-House Differential: A temporary physician assigned to the In-House OB GYN is eligible to receive the Physician On-Call OBGYN In-House Differential under any one of the following conditions: a. Between 5:00 pm and 6:30 am Monday through Friday; b. Between 5:00 pm on Friday and 6:30 am on Monday; or c. On a holiday observed by the County. This differential is paid at the rate of 1.0 times his/her base rate of pay (not including differentials) plus $10 per hour. 6.15 Physician Fall Back Differential: A temporary physician is eligible for this differential when the physician works an extended-hours clinic in the Patients Choice Program. This differential is paid at the rate of 1.0 times his/her base rate of pay (not including differentials) plus $42 per hour. 6.16 Call Back Differential: A temporary physician is eligible for this differential when the physician is called back to work and the physician returns to work. This differential is paid at the rate of 1.0 times his/her base rate of pay (not including differentials) plus $42 per hour, with a minimum of three (3) hours of pay for each call back. 12-4-18 BOS Minutes 357 APPENDIX I   Resolution No. 2018/563 Page 8 of 8    6.17 On Call at 1.0 (1:4) Differential: A temporary physician is eligible for this differential when the physician is assigned additional On-Call obligations for Anesthesia, Orthopedics, Surgery, Medicine, Pediatrics, OB Joint Venture Health Plan or Advice first call, and other comparable on-call duties as assigned by the appointing authority or his/her designee. This differential pay ends in the event that the physician is called back and the physician returns to the hospital. This differential is paid at the rate of 1.0 times his/her base hourly rate of pay (not including differential) for each four (4) hours On-Call. 6.18 On Call at 1.0 (1:8) Differential: A temporary physician is eligible for this differential when the physician is assigned additional On-Call obligations for Pathology, GI, Ophthalmology, Health Officer, Plastic Surgery, Hand Surgery, Detention Medical, Psychiatry, Health Plan or Advice Backup, and other comparable on-call duties as assigned by the appointing authority or his/her designee. This differential pay ends in the event that the physician is called back and the physician returns to the hospital. This differential is paid at the rate of 1.0 times his/her base hourly rate of pay (not including differentials) for each eight (8) hours On-Call. 6.19 Physician Evening Clinic: A physician is eligible for an additional $15 per hour for working an evening clinic between the hours of 5:00 pm and 11:00 pm. 6.20 Physician Weekend Clinic: A physician is eligible for an additional $15 per hour for working a weekend clinic between Friday 11:00 pm and Sunday 11:00 pm. 7. Sick Leave Refer to Administrative Bulletin 413 “Twenty-four Hour Sick Leave Benefit” 8. Workers’ Compensation Workers’ Compensation benefits will be provided pursuant to State Law. 9. Health Benefit Access for Employees Not Otherwise Covered To access County health plans, an employee who is not otherwise eligible for health coverage by the County must be eligible to receive an offer of coverage from the County under the federal Patient Protection and Affordable Care Act (“ACA”)(42 U.S.C. § 18081). Employees eligible to receive an offer of coverage (and qualified dependents) will be offered access to County health insurance plans. Employees will be responsible for the full premium cost of coverage. 12-4-18 BOS Minutes 358 Exhibit F Job Code Classification 2ED1 Asst County Counsel-Exempt 2KD3 Asst District Attorney-Exempt 25D2 Asst Public Defender-Exempt 29TA Attorney Advance-Chld Sppt Svc 29VA Attorney Basic-Child Sppt Svcs 29WA Attorney Entry-Child Sppt Svcs 2ED2 Chief Asst County Counsel 2KD2 Chief Asst District Attorney-E 25D1 Chief Asst Public Defender 25DB Chief Trial Deputy Public Def 2ETG Civil Litig Atty-Advanced 2ETE Civil Litig Atty-Basic Lvl 2ETF Civil Litig Atty-Standard 2ETK Deputy Co Counsel-Advanced 2ET3 Deputy Co Counsel-Advanced-Ex 2ETH Deputy Co Counsel-Basic 2ET1 Deputy Co Counsel-Basic-Exempt 2ETJ Deputy Co Counsel-Standard 2ET2 Deputy Co Counsel-Standard-Ex 2KTG Deputy District Attorney-Adv 2KTF Deputy District Attorney-Basic 2KD1 Sr Deputy District Attorney-Ex 2ED3 Sr Financial Counselor-Exempt 29HA Supervising Attorney-Dcss Resolution No. 2018/563 Page 1 of 1 12-4-18 BOS Minutes 359 Exhibit G Barg Unit Classification CC CS Child Devlpmt Mgmt-Project CH CS Head Start Mgmt-Project CL CS Living Free Mgmt-Project XJ D.A. Investigators Unit VA DSA Non-Sworn Mgmt Unit VN Deputy Sheriff's Unit-NonSworn VH Deputy Sheriff's Unit-Sworn MA District Attorneys' Unit QC Fam/Chld Svs Site Supv Unit 4N Fire Supression & Prevn Unit C8 Management Project-Other BT Merit System Fixed Term Mgmt B8 Mgmt Classes-Classified & Exem BD Mgmt Classified & Ex Dept Head 1X Phys & Dnts & Optometrist Unit 1P Physicians and Dentists Unit 51 Professional Engineers Unit LT Public Health Nurse Unit L3 Registered Nurses Unit B1 Safety Unrep District Attorney B3 Safety Unrep Misc Classes B2 Safety Unrep Probation Classes 2I Service Line Supervisors Unit BS Sheriff's Sworn Executive Mgmt V# Sheriff's Sworn Mgmt Unit FS Unrep Cl & Ex Student Workers FK Unrep Cl & Ex-Com Svcs Other FT Unrep Cl & Ex-Fixed Term FW Unrep Cl & Ex-Sworn Peace Offc F8 Unrep Classified & Exempt-Othr FH Unrep Hd Start Classified & Ex F2 Unrep Property Appraisers DC Unrepresented Child Dev-Proj DH Unrepresented Head Start-Proj DL Unrepresented Living Free-Proj DP Unrepresented PIC Special-Proj D8 Unrepresented Proj Class-Other Resolution No. 2018/563 Page 1 of 1 12-4-18 BOS Minutes 360 RECOMMENDATION(S): ADOPT attached Resolution No. 2018/593, which replaces and supersedes Resolution No. 2016/603, regarding compensation and benefits for employees of the In-Home Supportive Services Public Authority (IHSS PA). FISCAL IMPACT: The IHSS Public Authority currently has fifteen employees, twelve of which enroll in County health plans. The estimated annual cumulative cost of this action for the twelve employees is $13,000 for FY 2018/19; $39,000 for FY 2019/20; $63,000 for FY 2020/21; and $84,000 for FY 2021/22. For the 2020 year and beyond, projections are based on current enrollment and an average eight percent medical inflation cost each year. The out-year on-going annual cost is $94,000. BACKGROUND: The IHSS-Public Authority employees' benefits have historically been linked to the resolution providing benefits for unrepresented management and exempt employees of Contra Costa. The Board of Supervisors adopted Resolution No. 2018/563, which provides for enhanced healthcare benefit subsidies for specified active unrepresented management employees on December 4, 2018. This Resolution, No. 2018/593, provides for the same benefits for IHSS/PA employees. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/04/2018 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Lisa Driscoll, County Finance Director - 335-1023 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 4, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: Robert Campbell, County Auditor-Controller, Dianne Dinsmore, Human Resources Director, Mary Ann McNett Mason, Chief Assistant County Counsel, Gail Strohl, Chief Executive Officer, CCERA, Kathy Gallagher, EHSD Director D.12 To:In-Home Supportive Services Public Authority From:David Twa, County Administrator Date:December 4, 2018 Contra Costa County Subject:In-Home Supportive Services Public Authority Employee Resolution No. 2018/593, which Supersedes Resolution No. 2016/603 12-4-18 BOS Minutes 361 BACKGROUND: (CONT'D) > The Resolution is modified in the following ways: Section 2.10 Health Plan Coverages has been amended to update the lists of providers and health plans and address the availability of any replacement plans selected by the County and the Joint Labor Management Benefits Committee. 1. Section 2.17 Medical Plan Cost Sharing for Active Employees on and after January 1, 2019was amended to provide that for 2019 plan year, at least all premium increases for active employees will be paid by the County. In 2020, the County will move to a percentage-based cost sharing approach for these medical premium subsidies. The County will pay up to 75% of the medical plan premium (by tier) for the second lowest priced non-deductible HMO plan, for all medical plans for the Employee only and Employee + 1 dependent tiers. This same formula will apply for the employee + 2 or more dependents tier, except that the County’s subsidy percentage will be up to 76.5%. In 2021, the County will pay up to 78.5 % of the medical plan premium (by tier) for the second lowest priced non-deductible HMO plan, for all medical plans and for all tiers, except as specified. Beginning in 2022 and thereafter, the County will pay up to 80% of the medical plan premium (by tier) for the second lowest priced non-deductible HMO plan, for all medical plans and for all tiers, except as specified. 2. Section 2.12 Retirement Coverage, subsection (a) (4) has been added to specify when employees who were eligible for County retiree health/dental plan monthly premium subsidies immediately prior to entering an unrepresented classification may retain eligibility for such subsidies. 3. Section 2.14, Health Plan Coverages and Provisions, subsection (a) was revised to state which employees are eligible for health coverage under Section 2 Health, Dental, and Related Benefits. Section 2.14, subsection (e) was amended to provide for annual County contributions to a Health Savings Account for active employees enrolled in a specified high deductible health plan and who have an HSA. 4. Section 2.15 Family Member Eligibility Criteria, subsection (b) “Dental Insurance” was amended to update the eligibility requirements for dependent dental insurance. 5. Section 11 Special Benefit for Permanent Employees Hired on and after January 1, 2009, subsection (A) was modified to state which employees are eligible for the benefit. 6. Non-substantive modifications to names of County benefits, departments, job titles, and classification codes, to grammar, and/or updates to marital terminology were made to sections 2.12, subsections (b) (4), (c); 2.13, subsection (a); 2.16, subsection (b); section 5; and section 10. 7. CONSEQUENCE OF NEGATIVE ACTION: If the action is not approved, eligible, active unrepresented employees will not have access to enhanced healthcare benefit subsidies. AGENDA ATTACHMENTS Resolution No. 2018/593 12-4-18 BOS Minutes 362 Resolution No. 2018/593 Body of IHSS PA Resolution No. 2018/593 MINUTES ATTACHMENTS Signed Resolution No. 2018/593 12-4-18 BOS Minutes 363 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and for Special Districts, Agencies and Authorities Governed by the Board Adopted this Resolution on 12/04/2018 by the following vote: AYE:5 John Gioia Candace Andersen Diane Burgis Karen Mitchoff Federal D. Glover NO: ABSENT: ABSTAIN: RECUSE: Resolution No. 2018/593 In The Matter Of: Compensation and Benefits Authorized for Employees of the In-Home Supportive Services Public Authority for the Period of January 1, 2019, and Until Further Order. The Contra Costa County Board of Supervisors acting in its capacity as the governing body of the In-Home Supportive Services Public Authority RESOLVES THAT: Effective January 1, 2019, until further order of the Board, the Board adopts the attached program of compensation and benefits for the employees of the In-Home Supportive Services Public Authority. Except for Resolution No. 2002/608 (excluding inconsistent provisions concerning the amount of employee contributions for retirement benefits), this Resolution supersedes all previous resolutions providing compensation and benefits for the employees of the In-Home Supportive Services Public Authority, including but not limited to Resolution No. 2016/603. Unless expressly provided otherwise, this Resolution is subject to the provisions of resolutions providing general and pay equity salary adjustments, to the 1937 County Employees Retirement Act, and to the Public Employees Pension Reform Act. This Resolution does not authorize compensation and benefits for any employee who is represented by an employee organization with a Memorandum of Understanding. Unless otherwise expressly provided, compensation and benefits under this Resolution are authorized only for permanent and project employees of the In-Home Supportive Services Public Authority who work full-time or part-time, twenty (20) or more hours per week. The full text of this Resolution is attached. The following exhibits are also attached: I. BENEFITS FOR ALL EMPLOYEES OF IN-HOME SUPPORTIVE SERVICES PUBLIC AUTHORITY (IHSS PA) are provided for those classes listed in Exhibit A. II. BENEFITS ONLY FOR MANAGEMENT AND EXEMPT EMPLOYEES OF IHSS PA are provided for those classes listed in Exhibit A, except for the classes listed in Exhibit B . Contact: Lisa Driscoll, County Finance Director - 335-1023 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 4, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: Robert Campbell, County Auditor-Controller, Dianne Dinsmore, Human Resources Director, Mary Ann McNett Mason, Chief Assistant County Counsel, Gail Strohl, Chief Executive Officer, CCERA, Kathy Gallagher, EHSD Director 12-4-18 BOS Minutes 364 12-4-18 BOS Minutes 365 TABLE OF CONTENTS Resolution No. 2018/593 I. Benefits for All Employees of In-Home Supportive Services Public Authority (IHSS PA) 1. Leaves With and Without Pay 1.10 Holidays 1.11 Definitions 1.12 Holidays Observed 1.13 Holidays - 9/80 Work Schedules 1.14 Holidays - Part-Time Employees 1.15 Personal Holiday Credit 1.16 Vacation 1.17 Sick Leave 1.18 Part-Time Employees 1.19 Leave Without Pay - Use of Accruals 2. Health, Dental, and Related Benefits 2.10 Health Plan Coverages 2.11 Monthly Premium Subsidy 2.12 Retirement Coverage 2.13 Layoff and Other Loss of Coverage 2.14 Health Plan Coverages and Provisions 2.15 Family Member Eligibility Criteria 2.16 Dual Coverage 2.17 Medical Plan Cost-Sharing for Active Employees On and After January 1, 2019 2.18 Life Insurance Benefit Under Health and Dental Plans 2.19 Supplemental Life Insurance 2.20 Health Care Spending Account 2.21 PERS Long-Term Care 2.22 Dependent Care Assistance Program 2.23 Premium Conversion Plan 2.24 Voluntary Vision Plan 2.25 Prevailing Section 2.26 Health Benefit Access for Employees Not Otherwise Covered 3. Mileage Reimbursement 12-4-18 BOS Minutes 366 4.Retirement Contributions 4.10 No IHSS PA Subvention 4.11 414H2 Participation 5.PEPRA Retirement Plan 6. Training 6.10 Career Development Training Reimbursement 6.11 Management Development Policy 7.Bilingual Pay Differential 8.Higher Pay for Work in a Higher Classification 9.Other Terms and Conditions of Employment 9.10 Length of Service Credits 9.11 Administrative Provisions 10. Computer Vision Care (CVC) Users Eye Examination 11.Special Benefit for Permanent Employees Hired on and after January 1, 2009 II.Benefits Only for Management and Exempt Employees of IHSS PA 12.Overtime Provisions 12.10 No Overtime Pay, Holiday Pay, or Comp Time 12.11 Overtime Exempt Exclusion List 12.12 Overtime Pay 13.Management Longevity Pay 13.10 Ten Years of Service 13.11 Fifteen Years of Service 14.Deferred Compensation Incentive 12-4-18 BOS Minutes 367 15. Annual Management Administrative Leave 16. Management Life Insurance 17. Professional Development Reimbursement 18. Sick Leave Incentive Plan 19. Long-Term Disability Insurance III. Special Benefits for Designated Classifications 20. Longevity Pay for Clerical Support Staff 12-4-18 BOS Minutes 368 I. BENEFITS FOR ALL EMPLOYEES OF IN-HOME SUPPORTIVE SERVICES PUBLIC AUTHORITY (IHSS PA) 1. Leaves With and Without Pay 1.10 Holidays: The County will observe the following holidays during the term covered by this Resolution: New Year’s Day Labor Day Martin Luther King Jr. Day Veterans’ Day Presidents’ Day Thanksgiving Day Memorial Day Day after Thanksgiving Independence Day Christmas Day Such other days as the Board of Supervisors may designate by Resolution as holidays. Any holiday observed by the County that falls on a Saturday is observed on the preceding Friday and any holiday that falls on a Sunday is observed on the following Monday. 1.11 Definitions: Regular Work Schedule: The regular work schedule is eight (8) hours per day, Monday through Friday, inclusive, for a total of forty (40) hours per week. 9/80 Work Schedule: A 9/80 work schedule is where an employee works a recurring schedule of thirty six (36) hours in one calendar week and forty four (44) hours in the next calendar week, but only forty (40) hours in the designated workweek. In the thirty six hour (36) calendar week, the employee works four (4) nine (9) hour days and has the same day of the week off that is worked for eight (8) hours in the forty four (44) hour calendar week. In the forty four (44) hour calendar week, the employee works four (4) nine (9) hour days and one eight (8) hour day. Workweek for Employees on Regular, Flexible, Alternate, and 4/10 Schedules: For employees on regular, flexible, alternate, and 4/10 schedules, the workweek begins at 12:01 a.m. on Monday and ends at 12 midnight on Sunday. Workweek for Employees on a 9/80 Schedule: The 9/80 workweek begins on the same day of the week as the employee’s eight (8) hour work day and regularly scheduled 9/80 day off. The start time of the workweek is four (4) hours and one (1) minute after the start time of the eight (8) hour work day. The end time of the workweek is four (4) hours after the start time of the eight (8) hour work day. The result is a workweek that is a fixed and regularly recurring period of seven (7) consecutive twenty four (24) hour periods (168 hours). 1.12 Holidays Observed: Employees are entitled to observe a holiday (day off work), 12-4-18 BOS Minutes 369 without a reduction in pay, whenever a holiday is observed by the County. 1.13 Holidays - 9/80 Work Schedules: When a holiday falls on the regularly scheduled day off of any employee who is on a 9/80 work schedule, the employee is entitled to take the day off, without a reduction in pay, in recognition of the holiday. These employees are entitled to request another day off in recognition of their regularly scheduled day off. The requested day off must be within the same month and workweek as the holiday and it must be pre-approved by the employee’s supervisor. If the day off is not approved by the supervisor, it is lost. If the approved day off is a nine (9) hour workday, the employee must use one (1) hour of non-sick-leave accruals. If the approved day off is a ten (10) hour workday, the employee must use two (2) hours of non-sick-leave accruals. If the employee does not have any non-sick-leave accrual balances, leave without pay (AWOP) will be authorized. 1.14 Holidays - Part-Time Employees: Permanent, part-time employees are entitled to observe a holiday (day off work) in the same ratio as the number of hours in the part time employee’s weekly schedule bears to forty (40) hours. 1.15 Personal Holiday Credit: Employees are entitled to accrue two (2) hours of personal holiday credit each month. This time is prorated for part time employees. No employee may accrue more than forty (40) hours of personal holiday credit. On separation from employment, employees are paid for any unused personal holiday credit hours at the employee’s then current rate of pay, up to a maximum of forty (40) hours. 1.16 Vacation: Employees are entitled to accrue paid vacation credit not to exceed the maximum cumulative hours as follows: Length of Service Monthly Accrual Hours Maximum Cumulative Hours Under 11 years 10 240 11 years 10-2/3 256 12 years 11-1/3 272 13 years 12 288 14 years 12-2/3 304 15 through 19 years 13-1/3 320 20 through 24 years 16-2/3 400 25 through 29 years 20 480 30 years and up 23-1/3 560 Each employee is eligible to accrue increased vacation hours on the first day of the month following the employee’s Service Award Date. An employee’s Service Award Date is the first day of his/her temporary, 12-4-18 BOS Minutes 370 provisional, or permanent appointment to a position in the County. If an employee is first appointed to a temporary or provisional position and then later appointed to a permanent position, the Service Award Date for that employee is the date of the first day of the temporary or provisional appointment. 1.17 Sick Leave: The accrual and cancellation of sick leave credits is governed by Section 9.3 of the Contra Costa County Salary Regulations. The use of sick leave is governed by the IHSS PA Personnel Rules and the policies of the Executive Director. Credits to and charges against sick leave are to be made in increments of no less than one-tenth of an hour (6 minutes). 1.18 Part-Time Employees: Part-time employees are entitled to accrue paid vacation and sick leave on a pro-rata basis. 1.19 Leave Without Pay - Use of Accruals: The provisions of Section 1006.6 of the Contra Costa County Personnel Management Regulations, as amended, relating to the use of accruals while on leave without pay, apply to all employees covered by this Resolution. 2. Health, Dental, and Related Benefits 2.10 Health Plan Coverages: The IHSS PA will provide the medical and dental coverage for IHSS PA employees and for their eligible family members, expressed in one of the Medical Plan contracts and one of the Dental Plan contracts between the County and the following providers: a. Contra Costa Health Plans (CCHP) b. Kaiser Permanente Health Plan c. Health Net d. Delta Dental Medical Plans: All employees will have access to the following medical plans: 1. CCHP Plan A & Plan B 2. Kaiser Permanente Plan A & Plan B 3. Health Net HMO Plan A & Plan B 4. Health Net PPO Plan A 5. Kaiser High Deductible Health Plan In the event that one of the medical plans listed above meets the criteria for a high cost employer-sponsored health plan that may be subject to an excise penalty (a.k.a. Cadillac Tax) under the federal Patient Protection and Affordable Care Act (“ACA”) (42 U.S.C. § 18081), such plan(s) will be eliminated for all employees. In the event that the Joint Labor Management Benefits Committee (JLMBC) and the County agree to replace any of the providers or plans listed above with an alternate provider or plan, the replacement plan will be available for the employees on the same date that the 12-4-18 BOS Minutes 371 replacement plan is available for members of the JLMBC. 2.11 Monthly Premium Subsidy: a. The IHSS PA’s monthly premium subsidy in effect on January 1, 2015, for each medical and/or dental plan, is a set dollar amount and is not a percentage of the premium charged by the plan. The IHSS PA will pay the following monthly premium subsidy: b. If the County contracts with a medical or dental plan that is not listed above, the IHSS PA will determine the monthly dollar premium subsidy that it will pay to that health plan for employees and their eligible family members. c. In the event that the IHSS PA premium subsidy amounts are greater than one hundred percent (100%) of the applicable premium of any health or dental plan, for any plan year, the IHSS PA’s contribution will not exceed one hundred percent (100%) of the applicable plan premium. 2.12 Retirement Coverage: a. Upon Retirement: 1. Upon retirement and for the term of this resolution, eligible employees and their eligible family members may remain in their County health/dental plan, but without IHSS PA-paid life insurance coverage, if immediately before their proposed retirement the employees and dependents are either active subscribers to one of the County contracted health/dental plans or if while on authorized leave of absence without pay, they have retained continuous coverage during the leave period. The IHSS PA will pay the health/dental plan monthly premium subsidies set forth in Section 2.11(a) for eligible retirees and their eligible family members. Health & Dental Plans Employee Employee +1 Dependent Employee +2 or More Dependents Contra Costa Health Plans (CCHP), Plan A $509.92 $1,214.90 $1,214.90 Contra Costa Health Plans (CCHP), Plan B $528.50 $1,255.79 $1,255.79 Kaiser Permanente Health Plans $478.91 $1,115.84 $1,115.84 Health Net HMO Plans $627.79 $1,540.02 $1,540.02 Health Net PPO Plans $604.60 $1,436.25 $1,436.25 Kaiser High Deductible Health Plan $478.91 $1,115.84 $1,115.84 Delta Dental with CCHP A or B $41.17 $93.00 $93.00 Delta Dental with Kaiser or Health Net $34.02 $76.77 $76.77 Delta Dental without a Health Plan $43.35 $97.81 $97.81 DeltaCare (PMI) with CCHP A or B $25.41 $54.91 $54.91 DeltaCare (PMI) with Kaiser or Health Net $21.31 $46.05 $46.05 DeltaCare (PMI) without a Health Plan $27.31 $59.03 $59.03 12-4-18 BOS Minutes 372 2. Any person who becomes age 65 on or after January 1, 2009 and who is eligible for Medicare must immediately enroll in Medicare Parts A and B. 3. For employees hired on or after January 1, 2009 and their eligible family members, no monthly premium subsidy will be paid by the IHSS PA for any health or dental plan after they separate from IHSS PA employment. However, any such eligible employee who retires under the Contra Costa County Employees’ Retirement Association (“CCCERA”) may retain continuous coverage of a county health and/or dental plan provided that (I) he or she begins to receive a monthly retirement allowance from CCCERA within 120 days of separation from IHSS PA employment and (ii) he or she pays the full premium cost under the health and/or dental plan without any IHSS PA premium subsidy. 4. If an employee was eligible for a retiree health/dental plan monthly premium subsidy from the County immediately prior to entering into an unrepresented classification (no break in service), the employee will be deemed covered by section 2.12 subsection (a) (1), above. b. Employees Who File For Deferred Retirement: Employees, who resign and file for a deferred retirement and their eligible family members, may continue in their County group health and/or dental plan under the following conditions and limitations. 1. Health and dental coverage during the deferred retirement period is totally at the expense of the employee, without any IHSS PA contributions. 2. Life insurance coverage is not included. 3. To continue health and dental coverage, the employee must: i. be qualified for a deferred retirement under the 1937 Retirement Act provisions; ii. be an active member of a County group health and/or dental plan at the time of filing their deferred retirement application and elect to continue plan benefits; iii. be eligible for a monthly allowance from the Retirement System and direct receipt of a monthly allowance within twenty-four (24) months of application for deferred retirement; and iv. file an election to defer retirement and to continue health benefits hereunder with the County Benefits Division within thirty (30) days before separation from IHSS PA service. 4. Deferred retirees who elect continued health benefits hereunder and their eligible family members may maintain continuous membership in their County health and/or dental plan group during the period of 12-4-18 BOS Minutes 373 deferred retirement by paying the full premium for health and dental coverage on or before the 10th of each month, to the Contra Costa County Human Resources Department-Employee Benefits Division. When the deferred retirees begin to receive retirement benefits, they will qualify for the same health and/or dental coverage pursuant to subsection (a) above, as similarly situated retirees who did not defer retirement. 5. Deferred retirees may elect retiree health benefits hereunder without electing to maintain participation in their County health and/or dental plan during their deferred retirement period. When they begin to receive retirement benefits, they will qualify for the same health and/or dental coverage pursuant to subsection (a) above, as similarly situated retirees who did not defer retirement, provided reinstatement to a County group health and/or dental plan will only occur following a three (3) full calendar month waiting period after the month in which their retirement allowance commences. 6. Employees who elect deferred retirement will not be eligible in any event for IHSS PA health and/or dental plan subvention unless the member draws a monthly retirement allowance within twenty-four (24) months after separation from IHSS PA service. 7. Deferred retirees and their eligible family members are required to meet the same eligibility provisions for retiree health/dental coverage as similarly situated retirees who did not defer retirement. c. Employees Hired After December 31, 2006 - Eligibility for Retiree Health Coverage: Employees hired after December 31, 2006 are eligible for retiree health/dental coverage pursuant to subsections (a) and (b), above, upon completion of fifteen (15) years of service as an employee of the IHSS PA. For purposes of retiree health eligibility, one year of service is defined as one thousand (1,000) hours worked within one anniversary year. The existing method of crediting service while an employee is on an approved leave of absence will continue for the duration of this Resolution. d. For purposes of this Section 2.12 only, “eligible family members” does not include Survivors of employees or retirees. 2.13 Layoff and Other Loss of Coverage: a. If a married couple both work for the IHSS PA and one (1) spouse is laid off, the remaining employee, if eligible, will be allowed to enroll or transfer into the health and/or dental coverage combination of his/her choice. b. An eligible employee who loses medical or dental coverage through a spouse or partner not employed by the IHSS PA will be allowed to enroll or transfer into the County health and/or dental plan of his/her choice within thirty (30) days of the date coverage is no longer afforded under the 12-4-18 BOS Minutes 374 spouse’s plan. 2.14 Health Plan Coverages and Provisions: The following provisions are applicable to Health and Dental Plan participation: a. Health, Dental and Life Participation by Other Employees: Except as provided in Section 2.26 “Health Benefit Access for Employees Not Otherwise Covered,” Section 2, “Health, Dental, and Related Benefits” does not apply to employees who work less than twenty (20) hours per week. b. Employee Contribution Deficiencies: The IHSS PA’s contributions to the Health Plan and/or Dental Plan premiums are payable for any month in which the employee is paid. If an employee’s compensation in any month is not sufficient to pay the employee share of the premium, the employee must make up the difference by remitting the unpaid amount to the Auditor- Controller. The responsibility for this payment rests solely with the employee. c. Leave of Absence: The IHSS PA will continue to pay the IHSS PA shares of health and/or dental plan premiums for enrolled employees who are on an approved paid or unpaid leave of absence for a period of thirty (30) days or more provided the employee’s share of the premiums is paid by the employee. d. Coverage Upon Separation: An employee who separates from IHSS PA employment is covered by his/her County health and/or dental plan through the last day of the month in which he/she separates. Employees who separate from IHSS PA employment may continue group health and/or dental plan coverage to the extent provided by the COBRA laws and regulations. e. Health Savings Account: 1. Beginning no earlier than the 2017 plan year, active permanent full-time and active permanent part-time employees who are enrolled in the Kaiser High Deductible Health Plan may elect to enroll in a Health Savings Account (HSA). Employees may contribute up to the maximum annual contribution rate for HSAs as set forth in the United States Internal Revenue Code. Funds contributed to the HSA are invested as directed by the employee. The County does not provide any recommendations or advice on investment or use of HSA funds. Employees are responsible for paying any HSA account management fees charged by the HSA administrator. The County does not manage or administer the HSA. The HSA is not available to temporary or permanent-intermittent employees. 2. For the 2019 Plan Year, the County will make a one-time contribution of five hundred dollars ($500) into the HSA for active employees employed as of January 1, 2019, who are enrolled in the Kaiser Permanente High 12-4-18 BOS Minutes 375 Deductible Health Plan for the 2019 plan year and who have an HSA. The contribution will be made with the February 10, 2019 pay. 3. For the 2020 Plan Year and each year thereafter, the County will contribute six hundred and twenty-five dollars ($625) annually into the HSA for active employees employed as of January 1 who are enrolled in the Kaiser Permanente High Deductible Health Plan and have an HSA. The contribution will be made with the February 10 pay for the plan year. 2.15 Family Member Eligibility Criteria: The following persons may be enrolled as the eligible Family Members of a medical and/or dental plan Subscriber: a. Health Insurance 1. Eligible Dependents: i. Employee’s legal spouse ii. Employee’s qualified domestic partner iii. Employee’s child to age 26 iv. Employee’s disabled child who is over age 26, unmarried, and incapable of sustaining employment due to a physical or mental disability that existed prior to the child’s attainment of age 19. 2. “Employee’s child” inclules natural child, step-child, adopted child, child of a qualified domestic partner, and a child specified in a Qualified Medical Child Support Order (QMCSO) or similar court order. b. Dental Insurance 1. Eligible Dependents – All dental plans: i. Employee’s legal spouse ii. Employee’s qualified domestic partner iii. Employee’s disabled child who is over age 19, unmarried, and incapable of sustaining employment due to a physical or mental disability that existed prior to the child’s attainment of age 19. 2. Delta Dental PPO Only – Employee’s unmarried child who is: i. Under age 19; or ii. Age 19, or above, but under age 24; and A. Resides with the Employee for more than 50% of the year excluding time living at school; and, B. Receives at least 50% of support from Employee; and C. Is enrolled and attends school on a full-time basis, as defined by the School. 3. Delta Care HMO Only – Employee’s Child to age 26. 12-4-18 BOS Minutes 376 4. “Employee’s child” includes natural child, step-child, adopted child, child of a qualified domestic partner, and a child specified in a Qualified Medical Child Support Order (QMCSO) or similar court order. 2.16 Dual Coverage: a. Each employee and retiree may be covered by only a single County health (or dental) plan, including a CalPERS plan. For example, an IHSS PA employee may be covered under a single County health and/or dental plan as either the primary insured or the dependent of another County employee or retiree, but not as both the primary insured and the dependent of another County employee or retiree. b. All dependents, as defined in Section 2.15 (Family Member Eligibility Criteria) may be covered by the health and/or dental plan of only one spouse or one domestic partner. For example, when both parents are County employees, all of their eligible children may be covered as dependents of either parent, but not both. c. For purposes of this Section 2.16 only, “County” includes the IHSS PA, the County of Contra Costa, and all special districts governed by the Board of Supervisors, including but not limited to, the Contra Costa County Fire Protection District. 2.17 Medical Plan Cost-Sharing for Active Employees on and after January 1, 2019: a. Medical Plan Cost-Sharing for Active Employees for the 2019 Plan Year. For active employees for the plan year that begins on January 1, 2019, the County will pay the monthly premium subsidy for medical plans, stated below: Medical Plans Employee Employee +1 Dependent Employee +2 or More Dependents Contra Costa Health Plans (CCHP), Plan A $641.65 $1,271.99 $1,980.17 Contra Costa Health Plans (CCHP), Plan B $672.58 $1,314.95 $2,106.48 Kaiser Permanente Health Plan A $600.00 $1,200.00 $1,825.00 Kaiser Permanente Health Plan B $600.00 $1,200.00 $1,825.00 Health Net HMO Plan A $986.18 $1,765.02 $3,230.62 Health Net HMO Plan B $882.34 $1,720.86 $2,721.74 Health Net PPO Plan A $1,226.79 $2,109.72 $4,251.97 Kaiser High Deductible Health Plan $559.68 $1,119.36 $1,679.04 b. Medical Plan Cost-Sharing for Active Employees on and after January 1, 2020. 1. For active employees for the plan year that begins on January 1, 2020, the County will move to a percentage-based cost sharing approach for medical care premium subsidies. The County will pay seventy-five percent (75%) of the total medical plan premium for the Employee and 12-4-18 BOS Minutes 377 Employee + 1 Dependent tiers of the second lowest priced non- deductible HMO plan. The County will pay seventy-six and one half percent (76.5%) of the total medical plan premium for the Employee + 2 or more Dependents tier of the second lowest price non-deductible HMO plan. These annual calculated dollar amounts will be applied to all plans and tiers as described. 2. For active employees for the plan year that begins on January 1, 2021, the County will pay seventy-eight and one half percent (78.5%) of the total medical plan premium for each tier of the second lowest priced non-deductible HMO plan. This annual calculated amount will be applied to all plans and tiers, except Kaiser Permanente Health Plan B. 3. For active employees for the plan year that begins on January 1, 2022, and each year thereafter, the County will pay eighty percent (80%) of the total medical plan premium for each tier of the second lowest priced non-deductible HMO plan. This annual calculated amount will be applied to all plans and tiers, except Kaiser Permanente Health Plan B. 4. For active employees for the plan year that begins on January 1, 2021, and each year thereafter, for the Kaiser Permanente Health Plan B, employees will pay at least the following share of the total medical plan premium: Kaiser Permanente Health Plan B Employee Monthly Premium Cost Employee $20.00 Employee +1 Dependent $40.00 Employee + 2 or More Dependents $60.00 5. In the event of a reduction in the premium for the second lowest priced non-deductible HMO plan, the County will pay the premium subsidy for medical plans that the County paid in the previous plan year. 2.18 Life Insurance Benefit Under Health and Dental Plans: For employees who are enrolled in the County’s program of medical or dental coverage as either the primary or the dependent, term life insurance in the amount of ten thousand dollars ($10,000) will be provided by the IHSS PA. 2.19 Supplemental Life Insurance: In addition to the life insurance benefits provided by this resolution, employees may subscribe voluntarily and at their own expense for supplemental life insurance. Employees may subscribe for an amount not to exceed five hundred thousand dollars ($500,000), of which one hundred thousand ($100,000) is a guaranteed issue, provided the election is made within the required enrollment periods. 2.20 Health Care Spending Account: After six (6) months of permanent employment, full time and part time (20/40 or greater) employees may elect to participate in a Health Care Spending Account (HCSA) Program designated to qualify for tax 12-4-18 BOS Minutes 378 savings under Section 125 of the Internal Revenue Code, but such savings are not guaranteed. The HCSA Program allows employees to set aside a predetermined amount of money from their pay, before taxes, for health care expenses not reimbursed by any other health benefit plans. HCSA dollars may be expended on any eligible medical expenses allowed by Internal Revenue Code Section 125. Any unused balance is forfeited and cannot be recovered by the employee. 2.21 PERS Long-Term Care: The IHSS PA will deduct and remit monthly premiums to the PERS Long-Term Care Administrator for employees who are eligible and voluntarily elect to purchase long-term care at their personal expense through the PERS Long-Term Care Program. 2.22 Dependent Care Assistance Program: The IHSS PA will continue to offer the option of enrolling in a Dependent Care Assistance Program (DCAP) designed to qualify for tax savings under Section 129 of the Internal Revenue Code, but such savings are not guaranteed. The program allows employees to set aside up to five thousand dollars ($5,000) of annual salary (before taxes) per calendar year to pay for eligible dependent care (child and elder care) expenses. Any unused balance is forfeited and cannot be recovered by the employee. 2.23 Premium Conversion Plan: The IHSS PA will continue to offer the Premium Conversion Plan (PCP) designed to qualify for tax savings under Section 125 of the Internal Revenue Code, but tax savings are not guaranteed. The program allows employees to use pre-tax dollars to pay health and dental premiums. 2.24 Voluntary Vision Plan: Beginning no earlier than the 2017 plan year, active permanent full-time and active permanent part-time employees will be offered the opportunity to enroll in a voluntary vision plan. Employees will pay the full premium costs of the plan. The County will contract with a provider for a voluntary vision plan with no co-pays. The vision plan is not available to temporary or permanent-intermittent employees. 2.25 Prevailing Section: To the extent that any provision of this Section (Section 2. Health, Dental, and Related Benefits) is inconsistent with any provision of any other County or IHSS PA enactment or policy, including but not limited to Administrative Bulletins, the Salary Regulations, the Personnel Management Regulations, or any other resolution or order of the Board of Supervisors acting in any of its various capacities, the provision(s) of this Section (Section 2. Health, Dental, and Related Benefits) will prevail. 2.26 Health Benefit Access for Employees Not Otherwise Covered: To access IHSS PA health plans, an employee who is not otherwise eligible for health coverage by the IHSS PA, must be eligible to receive an offer of coverage from the IHSS PA under the federal Patient Protection and Affordable Care Act (“ACA”) (42 U.S.C. § 18081). Employees eligible to receive an offer of coverage (and qualified dependents), will be offered access to IHSS PA health insurance 12-4-18 BOS Minutes 379 plans. Employees will be responsible for the full premium cost of coverage. 3.Mileage Reimbursement The IHSS PA will pay a mileage allowance for the use of personal vehicles on IHSS PA business at the rate allowed by the Internal Revenue Service (IRS) as a tax deductible expense, adjusted to reflect changes in this rate on the date it becomes effective or the first of the month following announcement of the changed rate by the IRS, whichever is later. 4.Retirement Contributions 4.10 No IHSS PA Subvention: Effective on October 1, 2011, employees are responsible for the payment of one hundred percent (100%) of the employees’ basic retirement benefit contributions determined annually by the Board of Retirement of the Contra Costa County Employees’ Retirement Association, without the IHSS PA paying any part of the employees’ contributions. Employees are also responsible for the payment of the employees’ contributions to the retirement cost-of-living program as determined annually by the Board of Retirement without the County paying any part of the employees’ contributions. The County is responsible for one hundred percent (100%) of the employer’s retirement contributions determined annually by the Board of Retirement. 4.11 414H2 Participation: The County, on behalf of the IHSS PA, will continue to implement Section 414(h) (2) of the Internal Revenue Code which allows the County Auditor–Controller to reduce the gross monthly pay of employees by an amount equal to the employee’s total contribution to the County Retirement System before Federal and State income taxes are withheld, and forward that amount to the Retirement system. This program of deferred retirement contribution will be universal and non-voluntary as is required by statute. 5.PEPRA Retirement Plan A. PEPRA for Employees who become CCCERA Members on or after January 1, 2013. For employees who, under the California Public Employees Pension Reform Act of 2013 (PEPRA) (Chapters 296 and 297, Statutes of 2012) become New Members of the Contra Costa County Employees Retirement Association (CCCERA) on or after January 1, 2013, retirement benefits are governed by PEPRA. To the extent that this resolution conflicts with any provision of PEPRA, PEPRA governs. B. COLA. For employees hired on and after January 1, 2014, who under PEPRA, become New Members of CCCERA, the cost of living adjustment to the retirement allowance will not exceed two percent (2%) per year, and the cost of living adjustment will be banked. C. DISABILITY STANDARD. For employees, who under PEPRA, become New Members of CCCERA, the disability provisions are the same as the current Tier III disability provisions. 12-4-18 BOS Minutes 380 D. This section 5 does not apply to employees who are safety members of the Contra Costa County Employees Retirement Association, if any. 6. Training 6.10 Career Development Training Reimbursement: All full-time employees are eligible for career development training reimbursement not to exceed seven hundred fifty dollars ($750) per fiscal year. The reimbursement of training expenses includes books and is governed by any County Administrative Bulletins on Travel or Training. 6.11 Management Development Policy: Employees are authorized to attend professional training programs, seminars, and workshops, during normal work hours at the discretion of the Executive Director, for the purpose of developing knowledge, skills, and abilities, in the areas of supervision, management, and County policies and procedures. The Executive Director is responsible for authorization of individual professional development reimbursement requests. Reimbursement is through the regular demand process with demands being accompanied by proof of payment (copy of invoice or canceled check). 7. Bilingual Pay Differential A monthly salary differential will be paid to incumbents of positions requiring bilingual proficiency as designated by the Appointing Authority and the Director of Human Resources. The differential will be prorated for employees working less than full time and/or on an unpaid leave of absence during any given month. The differential is one hundred dollars ($100.00) per month. Designation of positions for which bilingual proficiency is required is the sole prerogative of the IHSS PA, and such designations may be amended or deleted at any time. 8. Higher Pay for Work in a Higher Classification The County Salary Regulations notwithstanding, when an employee is required to work in a higher paid classification, the employee will receive the higher compensation for such work, pursuant to the County Salary Regulations, plus any differentials and incentives the employee would have received in his/her regular position. Unless the Board has by Resolution otherwise specified, the higher pay entitlement will begin on the completion of the 40th consecutive hour in the assignment, retroactive to the beginning of the second full day of work in the assignment. 9. Other Terms and Conditions of Employment 9.10 Length of Service Credits: Length of service credit dates from the beginning of the last period of continuous IHSS PA employment, including temporary, provisional and permanent status and absences on an approved leave of absence; except that when an employee separates from a permanent position in good standing and is subsequently re-employed in a permanent IHSS PA position within two (2) years from the date of separation, the period of 12-4-18 BOS Minutes 381 separation will be bridged. Under these circumstances, the service credits will include all credits accumulated at the time of separation but will not include the period of separation. The service credits of an employee are determined from employee status records maintained by the Human Resources Department. 9.11 Administrative Provisions: The IHSS Executive Director may establish guidelines, bulletins or directives as necessary to further define or implement the provisions of this resolution. 10. Computer Vision Care (CVC) Users Eye Examination Employees are eligible to receive an annual eye examination on IHSS PA time and at IHSS PA expense provided that the employee regularly uses a video display terminal at least an average of two (2) hours per day as certified by their department. Employees certified for examination under this program must make their request through the Benefits Service Unit of the County Human Resources Department. Should prescription VDT eyeglasses be prescribed for the employee following the examination, the IHSS PA agrees to provide, at no cost, basic VDT eye wear consisting of a fifty dollar ($50) frame and single, bifocal or trifocal lenses. Employees may, through individual arrangement between the employee and the employees’ doctor and solely at the employee’s expense, include blended lenses and other care, services or materials not covered by the Plan. 11. Special Benefit for Permanent Employees Hired on and after January 1, 2009 A. Beginning on April 1, 2009 and for the term of this resolution, the County will contribute one hundred and fifty dollars ($150) per month to an employee’s account in the Contra Costa County Deferred Compensation Plan, or other tax- qualified savings program designated by the County, for employees who meet all of the following conditions: 1. The employee must be hired by Contra Costa County on or after January 1, 2009. 2. The employee must be appointed to a permanent position. The position may be either full time or part time, but if it is part time, it must be designated, at a minimum, as 20 hours per week. 3. The employee must have been employed by Contra Costa County for at least 90 calendar days. 4. The employee must contribute a minimum of twenty-five dollars ($25) per month to the Contra Costa County Deferred Compensation Plan, or other tax-qualified savings program designated by the County. 5. The employee must complete and sign the required enrollment form(s) for his/her deferred compensation account and submit those forms to the Human Resources Department, Employee Benefits Services Unit. 12-4-18 BOS Minutes 382 6. The employee may not exceed the annual maximum contribution amount allowable by the United States Internal Revenue Code. This special benefit does not apply to any employee who is covered by Section 2.12, subsection (a) (1). B. No Cross Crediting: The amounts contributed by the employee and the County pursuant to this Section do not count towards the “Qualifying Base Contribution Amount” or the “Monthly Contribution Required to Maintain Incentive Program Eligibility” set forth in Section 14. Similarly, the amounts contributed by the employee and the County pursuant to Section 14 do not count towards the employee’s $25 per month minimum contribution required by this Section. C. Maximum Annual Contribution: All of the employee and County contributions set forth in Sections 11 and 14 will be added together to ensure that the annual maximum contribution to the employee’s deferred compensation account does not exceed the annual maximum contribution rate set forth in the United States Internal Revenue Code. D. Eligibility for Loan Program: All employees are eligible to apply for loans from the Contra Costa County Deferred Compensation Plan loan program established by the Board of Supervisors on June 26, 2012, by Resolution No. 2012/298. 12-4-18 BOS Minutes 383 II. BENEFITS ONLY FOR MANAGEMENT AND EXEMPT EMPLOYEES OF IHSS PA Management and Exempt employees of the IHSS PA will receive the benefits set forth in Part I and also the following additional benefits: 12. Overtime Provisions 12.10 No Overtime Pay, Holiday Pay, or Comp Time: Management and exempt employees are not entitled to receive overtime pay, holiday pay, overtime compensatory time, or holiday compensatory time. Employees who are unable or not permitted to observe a holiday (take the day off), are authorized to receive overtime pay ONLY IF the employee is on the Overtime Exempt Exclusion List. 12.11 Overtime Exempt Exclusion List: Employees in unrepresented, management, and exempt classifications are overtime exempt and are not eligible for overtime pay, holiday pay, overtime compensatory time, or holiday compensatory time. Instead, these employees are awarded Annual Management Administrative Leave in recognition of the extra burden their job responsibilities may sometimes place on their work schedules. However, unrepresented, management, and exempt employees may be made eligible for overtime pay if their names are placed on the Overtime Exempt Exclusion List by the County Administrator’s Office. Employees on the Overtime Exempt Exclusion List are authorized to receive overtime pay, only. These employees are NOT eligible for holiday pay, overtime compensatory time, or holiday compensatory time. Employees on the Overtime Exempt Exclusion List are also NOT eligible for Annual Management Administrative Leave for the quarter they are on the Overtime Exempt Exclusion List. The policies and procedures for the Overtime Exempt Exclusion List are set forth in the County Administrator’s memo of November 6, 2002, as may be amended. Employees may be approved for placement on the Overtime Exempt Exclusion List if and when they are assigned to a special or temporary project or task that requires persistent, excess work hours, without relief from their regular job duties. Overtime pay will not be authorized as a means to address normal staffing or operational issues. 12.12 Overtime Pay: Employees on the Overtime Exempt Exclusion List will be compensated at one and one-half (1.5) times their base rate of pay (excluding differentials) for authorized work exceeding eight (8) hours in a day or forty (40) hours in a work week. 13. Management Longevity Pay 13.10 Ten Years of Service: Employees who have completed ten (10) years of service for the IHSS PA are eligible to receive a two and one-half percent (2.5%) longevity differential effective on the first day of the month following the month in which the employee qualifies for the ten (10) year service award. 12-4-18 BOS Minutes 384 13.11 Fifteen Years of Service: Employees who have completed fifteen (15) years of service for the IHSS PA are eligible to receive an additional two and one-half percent (2.5%) longevity differential effective on the first day of the month following the month in which the employee qualifies for the fifteen (15) year service award. For employees who completed fifteen (15) years of service on or before January 1, 2007, this longevity differential will be paid prospectively only from January 1, 2007. 14. Deferred Compensation. A. Deferred Compensation Incentive. The IHSS PA will contribute eighty-five dollars ($85) per month to each employee who participates in the County’s Deferred Compensation Plan. To be eligible for this Deferred Compensation Incentive, the employee must contribute to the deferred compensation plan as indicated below. Employees with Current Monthly Salary of: Qualifying Base Contribution Amount Monthly Contribution Required to Maintain Incentive Program Eligibility $2,500 and below $2,501 – 3,334 $3,335 – 4,167 $4,168 – 5,000 $5,001 – 5,834 $5,835 – 6,667 $6,668 and above $250 $500 $750 $1,000 $1,500 $2,000 $2,500 $50 $50 $50 $50 $100 $100 $100 Employees who discontinue contributions or who contribute less than the required amount per month for a period of one (1) month or more will no longer be eligible for the eighty-five dollar ($85) Deferred Compensation Incentive. To reestablish eligibility, employees must again make a Base Contribution Amount as set forth above based on current monthly salary. Employees with a break in deferred compensation contributions either because of an approved medical leave or an approved financial hardship withdrawal will not be required to reestablish eligibility. Further, employees who lose eligibility due to displacement by layoff, but maintain contributions at the required level and are later employed in an eligible position, will not be required to reestablish eligibility. B. Eligibility for Loan Program. Employees are eligible to apply for loans from the Contra Costa County Deferred Compensation Plan loan program established by the Board of Supervisors on June 26, 2012, by Resolution No. 2012/298. 15. Annual Management Administrative Leave 12-4-18 BOS Minutes 385 A. On January 1st of each year, full-time management and exempt employees in paid status will be credited with ninety four (94) hours of paid Management Administrative Leave. This time is non-accruable and all balances will be zeroed out on December 31 of each year. B. Permanent part-time employees are eligible for Management Administrative Leave on a prorated basis, based upon their position hours. Permanent- intermittent employees are not eligible for Management Administrative Leave. C. Employees appointed (hired or promoted) to management or exempt positions are eligible for Management Administrative Leave on the first day of the month following their appointment date and will receive Management Administrative Leave on a prorated basis for that first year. D. Management and exempt employees on the Overtime Exempt Exclusion List are authorized to receive overtime pay; therefore, their Management Administrative Leave will be reduced by 25% each time the employee is on the List. The 25% reduction will be deducted from the employee’s current leave balance, but if there is no balance, it will be deducted from future awarded Annual Management Administrative Leave. 16. Management Life Insurance Employees are covered at IHSS PA expense by term life insurance in the amount of fifty seven thousand dollars ($57,000) in addition to the insurance provided under Section 2.18. 17. Professional Development Reimbursement Management and exempt employees are eligible for reimbursement of up to six hundred twenty-five dollars ($625) for each two (2) year period beginning on January 1, 1999, for memberships in professional organizations, subscriptions to professional publications, attendance fees at job-related professional development activities and purchase of job-related computer hardware and software (excludes automation connectivity, support, or subscription fees) from a standardized County-approved list or with Executive Director approval, provided each employee complies with the provisions of the Computer Use and Security Policy adopted by the Board of Supervisors and the applicable manuals. In order to receive reimbursement, the employee must have been in an eligible classification when the expense was incurred. Each professional development reimbursement request must be approved by the Executive Director and submitted through the regular County demand process. Demands must be accompanied by proof of payment (copy of invoice or receipt). Certification regarding compliance with the County’s computer use and security policy may be required. Questions regarding the appropriateness of a request will be answered by the Office of the County Administrator. 18. Sick Leave Incentive Plan Employees may be eligible for a payoff of a part of unused sick leave accruals at separation. This program is an incentive for employees to safeguard sick leave accruals as protection against wage loss due to time lost for injury or illness. Payoff must be approved by the Director of Human 12-4-18 BOS Minutes 386 Resources, and is subject to the following conditions: A. The employee must have resigned in good standing. B. Payout is not available if the employee is eligible to retire. C. The balance of sick leave at resignation must be at least seventy percent (70%) of accruals earned in the preceding continuous period of employment excluding any sick leave use covered by the Family and Medical Leave Act, the California Family Rights Act, or the California Pregnancy Disability Act. D. Payout is by the following schedule: Years of Payment Continuous Service Payment of Unused Sick Leave Payable 3 – 5 years 5 – 7 years 7 plus years 30% 40% 50% E. No payoff will be made pursuant to this section unless the Contra Costa County Employees’ Retirement Association has certified that an employee requesting a sick leave payoff has terminated membership in, and has withdrawn his or her contributions from, the Retirement Association. F. It is the intent of the Board of Supervisors that payments made pursuant to this section are in lieu of County retirement benefits resulting from employment by this County, the IHSS PA, or by Districts governed by this Board. 19. Long-Term Disability Insurance The IHSS PA will continue in force the Long- Term Disability Insurance program with a replacement limit of eighty-five (85%) of total monthly base earnings reduced by any deductible benefits. 12-4-18 BOS Minutes 387 III. SPECIAL BENEFITS FOR DESIGNATED CLASSIFICATIONS 20. Longevity Pay for Clerical Support Staff Effective on July 1, 2008, employees in the classifications listed below, who have completed ten (10) years of service for the IHSS PA, are eligible to receive a two and one-half percent (2.5%) longevity differential, effective on the first day of the month following the month in which the employee qualifies for the ten (10) year service award. Eligible Classifications: This section only applies to the following classifications: 8IH4 Office Manager/Secretary - PA 8IH6 Public Authority Benefits Clerk 8IH7 Public Authority Senior Benefits Clerk 8IH8 Public Authority 311 Benefits Clerk 12-4-18 BOS Minutes 388 Exhibit A All Employees Job Code Job Title 8IH9 Administrative Svcs Asst II-Pa 8IH4 Office Manager/Secretary-Pa 8IH3 PA Registry/Training Speclst 8IH2 Program Manager-Public Auth 8IH0 Pub Auth Secretary - Advanced 8IH8 Public Auth Ben Clerk Spec 8IH6 Public Auth Benefits Clerk 8IH5 Public Auth Benefits Clerk Sup 8IH1 Public Auth Executive Director 8IH7 Public Auth Sr Benefits Clerk Page 1 of 1 Resolution No. 2018-593 12-4-18 BOS Minutes 389 Exhibit B All Employees Job Code Job Title 8IH9 Administrative Svcs Asst II-Pa 8IH4 Office Manager/Secretary-Pa 8IH3 PA Registry/Training Speclst 8IH2 Program Manager-Public Auth 8IH0 Pub Auth Secretary - Advanced 8IH5 Public Auth Benefits Clerk Sup 8IH1 Public Auth Executive Director Page 1 of 1 Resolution No. 2018-593 12-4-18 BOS Minutes 390 RECOMMENDATION(S): APPROVE the Byron Highway/Byer Road Safety Improvements Project (Project) and AUTHORIZE the Public Works Director, or designee, to advertise the Project, Byron area. [County Project No. 0662-6R4147/Federal Project No. HSIPL 5928(143), DCD-CP# 18-04] (District III) DETERMINE the Project is a California Environmental Quality Act (CEQA), Class 1(C) Categorical Exemption, pursuant to Article 19, Section 15301 of the CEQA Guidelines, and DIRECT the Director of Department of Conservation and Development to file a Notice of Exemption with the County Clerk, and AUTHORIZE the Public Works Director or designee to arrange for payment of a $25 fee to the Department of Conservation and Development for processing, and a $50 fee to the County Clerk for filing the Notice of Exemption. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/04/2018 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: Laura Cremin (925) 313-2015 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 4, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: Ave Brown - Environmental Division Manager C. 1 To:Board of Supervisors From:Brian M. Balbas, Public Works Director/Chief Engineer Date:December 4, 2018 Contra Costa County Subject:APPROVE the Byron Highway/Byer Road Safety Improvements Project and take related actions under CEQA. 12-4-18 BOS Minutes 391 FISCAL IMPACT: Estimated Project cost: $1,198,000. (52% Highway Safety Improvement Program Grant, 24% Discovery Bay Area of Benefit, 24% East County Area of Benefit Funds) BACKGROUND: The purpose of this Project is to install traffic safety improvements along approximately 2,000 feet of Byron Highway between Byer Road intersection to Hoffman Lane. The major components of the Project are to install a left turn pocket on southbound Byron Highway onto Byer Road to improve the traffic circulation at the intersection; install a two-way left turn lane across from Byron Elementary School to aid drivers leaving the School to merge with southbound Byron Highway traffic; and widen the west side of Byron Highway approximately 12 feet to allow for the left turn pocket and two-way left turn lane. The existing pavement striping will be shifted for 6-foot wide paved shoulders on both sides, two 12-foot wide travel lanes and one 12- foot wide two-way left turn lane/left turn pocket. CONSEQUENCE OF NEGATIVE ACTION: Delay in approving the project may result in a delay of design, construction, and may jeopardize funding. ATTACHMENTS CEQA 12-4-18 BOS Minutes 392 12-4-18 BOS Minutes 393 12-4-18 BOS Minutes 394 12-4-18 BOS Minutes 395 APN: 002-040-044 APN: 003-110-012 APN: 003-110-003 APN: 003-110-004 APN: 002-040-045 APN: 002-040-043 BYER ROADBYRON HIGHWAY PROJECT LIMITSRELOCATE RRFB 12'12'12'003-110-005 APN: DATE PLOTTED =>$DATE A A APN: 002-010-027 MIDDLE SCHOOL EXCELSIOR (72 PM 1) DEDICATION OFFER OF ALIGNMENT 1960 PRECISE RELOCATE UTILITY POLERELOCATE UTILITY POLE _ 1:40 on 11x17 SCALE:DIRT ROADPROTECT IN PLACEPROTECT IN PLACE 465' & 1' WIDE AC DIKE 5' WIDE AC PATH EXISTING RELOCATE inlet at face of AC Dike) (propose to add type J REVIEW DRAINAGE APN: 700-311-044SAFETY IMPROVEMENTS BYRON HIGHWAY / BYER ROAD PROPOSED PROJECT LAYOUT 5 SHEET 1 OF DB: LL CB: MC DATE: JULY 2017255 GLACIER DRIVE MARTINEZ, CALIFORNIA 94553 PH: (925) 313-2000 FAX: (925) 313-2333 FEDERAL ID NO.: 1:40 on 11x17 SCALE: APN: 003-100-012 465' is drawn to allow for vehicles to cross the hashed tapered area. maximum length of 500 ft per note 1 from HDM Figure 402.3 with tee intersection. NOTE: Approached Taper =W*V = (12')(50MPH) = 600 ft long taper, but Right of Way PROPOSEDEXISTING Sidewalk Fence Striping DESCRIPTION LEGEND Toe of 4:1 Slope 5' Clear from EP Edge of Pavement (EP) Driveway Culvert 12-4-18 BOS Minutes 396 APN: 003-110-003 APN: 003-110-011 BYER ROADBYRON HIGHWAY RELOCATE POWER POLERELOCATE RRFB BARRICADE EXIT 12'12'12' A A APN: 002-010-027 MIDDLE SCHOOL EXCELSIOR RELOCATE UTILITY POLERELOCATE UTILITY POLE RELOCATE POWER POLE DIRT ROADDIRT ROADRELOCATE POWER POLE PROTECT IN PLACEPROTECT IN PLACE & 1' WIDE AC DIKE 5' WIDE AC PATH EXISTING RELOCATE SAFETY IMPROVEMENTS BYRON HIGHWAY / BYER ROAD PROPOSED PROJECT LAYOUT 5 SHEET 2 OF DB: LL CB: MC DATE: JULY 2017255 GLACIER DRIVE MARTINEZ, CALIFORNIA 94553 PH: (925) 313-2000 FAX: (925) 313-2333 FEDERAL ID NO.: 1:40 on 11x17 SCALE: APN: 003-100-012 Right of Way PROPOSEDEXISTING Sidewalk Fence Striping DESCRIPTION LEGEND Toe of 4:1 Slope 5' Clear from EP Edge of Pavement (EP) Driveway Culvert 12-4-18 BOS Minutes 397 APN: 003-110-011 APN: 003-100-006 BYRON HIGHWAY BARRICADE EXIT 12'12'12' RELOCATE POWER POLE RELOCATE POWER POLE BARRICADE DIRT ROADSAFETY IMPROVEMENTS BYRON HIGHWAY / BYER ROAD PROPOSED PROJECT LAYOUT 5 SHEET 3 OF DB: LL CB: MC DATE: JULY 2017255 GLACIER DRIVE MARTINEZ, CALIFORNIA 94553 PH: (925) 313-2000 FAX: (925) 313-2333 FEDERAL ID NO.: 1:40 on 11x17 SCALE: Right of Way PROPOSEDEXISTING Sidewalk Fence Striping DESCRIPTION LEGEND Toe of 4:1 Slope 5' Clear from EP Edge of Pavement (EP) Driveway Culvert 12-4-18 BOS Minutes 398 APN: 003-100-006 APN: 002-010-026 EXCELSIOR MIDDLE SCHOOL BYRON HIGHWAY 12'12'12' RELOCATE UTILITY POLERELOCATE UTILITY POLE RELOCATE UTILITY POLE RELOCATE UTILITY POLE SAFETY IMPROVEMENTS BYRON HIGHWAY / BYER ROAD PROPOSED PROJECT LAYOUT 5 SHEET 4 OF DB: LL CB: MC DATE: JULY 2017255 GLACIER DRIVE MARTINEZ, CALIFORNIA 94553 PH: (925) 313-2000 FAX: (925) 313-2333 FEDERAL ID NO.: 1:40 on 11x17 SCALE: Right of Way PROPOSEDEXISTING Sidewalk Fence Striping DESCRIPTION LEGEND Toe of 4:1 Slope 5' Clear from EP Edge of Pavement (EP) Driveway Culvert 12-4-18 BOS Minutes 399 APN: 003-100-006 APN: 002-010-026 EXCELSIOR MIDDLE SCHOOL APN: 002-010-005 BYRON HIGHWAY HOFFMAN LANEPROJECT LIMITSRELOCATE UTILITY POLE RELOCATE UTILITY POLE 333' to Existing Grade Fill Slope to Conform SAFETY IMPROVEMENTS BYRON HIGHWAY / BYER ROAD PROPOSED PROJECT LAYOUT 5 SHEET 5 OF DB: LL CB: MC DATE: JULY 2017255 GLACIER DRIVE MARTINEZ, CALIFORNIA 94553 PH: (925) 313-2000 FAX: (925) 313-2333 FEDERAL ID NO.: 1:40 on 11x17 SCALE: NOTE: Approached Taper = 2/3*W*V = 2/3(12')(50MPH) = 333 ft long taper per HDM Figure 402.3 with left turn pocket Right of Way PROPOSEDEXISTING Sidewalk Fence Striping DESCRIPTION LEGEND Toe of 4:1 Slope 5' Clear from EP Edge of Pavement (EP) Driveway Culvert 12-4-18 BOS Minutes 400 12-4-18 BOS Minutes 401 RECOMMENDATION(S): ADOPT Resolution No. 2018/572 accepting as complete the contracted work performed by Hess Concrete Construction Co., Inc., for the Morgan Territory Road Bridges 4.30 and 4.40 Project, as recommended by the Public Works Director, Clayton area. County Project No. 0662-6U4145 (District IV) FISCAL IMPACT: Project was funded by 100% Local Road Funds. BACKGROUND: The Public Works Director 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 November 5, 2018. CONSEQUENCE OF NEGATIVE ACTION: The contractor will not be paid and acceptance notification will not be recorded. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/04/2018 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Kevin Emigh, 925-313-2233 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 4, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: C. 2 To:Board of Supervisors From:Brian M. Balbas, Public Works Director/Chief Engineer Date:December 4, 2018 Contra Costa County Subject:Notice of Completion of Construction Contract for the Morgan Territory Road Bridges 4.30 and 4.40 Project, Clayton area. 12-4-18 BOS Minutes 402 12-4-18 BOS Minutes 403 AGENDA ATTACHMENTS Resolution No. 2018/572 MINUTES ATTACHMENTS Signed: Resolution No. 2018/572 12-4-18 BOS Minutes 404 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 12/04/2018 by the following vote: AYE:John Gioia, District I SupervisorCandace Andersen, District II SupervisorDiane Burgis, District III SupervisorKaren Mitchoff, District IV SupervisorFederal D. Glover, District V Supervisor NO: ABSENT: ABSTAIN: RECUSE: Resolution No. 2018/572 In the Matter of Accepting and Giving Notice of Completion of Contract for the Morgan Territory Road Bridges 4.30 and 4.40 Project, Clayton area. County Project No. 0662-6U4145 (District IV) WHEREAS the Board of Supervisors RESOLVES that on May 22, 2018, the County contracted with Hess Concrete Construction Co., Inc. for the work generally consisting of 525 feet of repairs and improvements to two bridges on Morgan Territory Road in the Clayton area. Work included repairs to existing rock abutments, replacement of timber railings and installation of Midwest guardrail systems, installation of rock slope protection on creek banks near abutments, and roadway repairs to asphalt pavement at the bridges and approaches in the Clayton area, with Travelers Casualty & Surety Company of America as surety, for work performed on the grounds of the County; and The Public Works Director 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 November 5, 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: December 4, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: 12-4-18 BOS Minutes 405 cc: 12-4-18 BOS Minutes 406 12-4-18 BOS Minutes 407 RECOMMENDATION(S): ADOPT Resolution No. 2018/573 accepting as complete the contracted work performed by American Pavement Systems, Inc., for the 2018 Asphalt Rubber Cape Seal Project, as recommended by the Public Works Director, Bay Point, Clyde, Martinez and Walnut Creek areas. County Project No. 0672-6U2164-18 (Districts II and V) FISCAL IMPACT: Project was funded by 100% Local Road Funds. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/04/2018 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Kevin Emigh, 925-313-2233 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 4, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: C. 3 To:Board of Supervisors From:Brian M. Balbas, Public Works Director/Chief Engineer Date:December 4, 2018 Contra Costa County Subject:Notice of Completion of Construction Contract for the 2018 Asphalt Rubber Cape Seal Project, Bay Point, Clyde, Martinez and Walnut Creek areas. 12-4-18 BOS Minutes 408 BACKGROUND: The Public Works Director 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 October 19, 2018. CONSEQUENCE OF NEGATIVE ACTION: The contractor will not be paid and acceptance notification will not be recorded. AGENDA ATTACHMENTS Resolution No. 2018/573 MINUTES ATTACHMENTS Signed: Resolution No. 2018/573 12-4-18 BOS Minutes 409 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 12/04/2018 by the following vote: AYE:John Gioia, District I SupervisorCandace Andersen, District II SupervisorDiane Burgis, District III SupervisorKaren Mitchoff, District IV SupervisorFederal D. Glover, District V Supervisor NO: ABSENT: ABSTAIN: RECUSE: Resolution No. 2018/573 In the Matter of Accepting and Giving Notice of Completion of Contract for the 2018 Asphalt Rubber Cape Seal Project, Bay Point, Clyde, Martinez and Walnut Creek areas. County Project No. 0672-6U2164-18 (Districts II and V) WHEREAS the Board of Supervisors RESOLVES that on April 10, 2018, the County contracted with American Pavement Systems, Inc. for the work generally consisting of applying an asphalt rubber chip seal covered with a type II slurry seal to various roads in the Bay Point, Martinez and Walnut Creek areas; select roads and trails in the Bay Point and Clyde areas only required a type II slurry seal; work also included surface preparation (not including base failure repairs and crack sealing by others), striping removal, and placement of thermoplastic striping and pavement markings in the Bay Point, Clyde, Martinez and Walnut Creek areas, with Travelers Casualty and Surety Company of America as surety, for work performed on the grounds of the County; and The Public Works Director 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 October 19, 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: December 4, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: 12-4-18 BOS Minutes 410 12-4-18 BOS Minutes 411 12-4-18 BOS Minutes 412 RECOMMENDATION(S): APPROVE and AUTHORIZE the Public Works Director, or designee, to execute contract amendments to the contracts with GradeTech, Inc., Hess Construction Co., Inc., and Engineered Soil Repairs, Inc., to extend the completion dates for each contract from December 6, 2018 to December 6, 2019, for the 2017 On-Call Contract(s) for Various Road, Flood Control, and Airport Maintenance Work, with no change to the payment limit, Countywide. FISCAL IMPACT: 100% Local Road, Flood Control District, and Airport Enterprise Funds. BACKGROUND: On December 6, 2016, the County awarded three on-call contracts(s) for various road, flood control, and airport maintenance work to supplement the maintenance crews’ routine and emergency work while they are busy with other activities, and to perform work that is typically time-sensitive and may require specialized equipment and skills. Contract Amendment #1 which was approved by the Board of Supervisors on December 5, 2017, extended the completion dates for each APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/04/2018 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: Caroline Tom 925-313-7007 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 4, 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:December 4, 2018 Contra Costa County Subject:Contract Amendment #2 for the 2017 On-Call Contracts for Various Road, Flood Control, and Airport Maintenance Work, Countywide 12-4-18 BOS Minutes 413 BACKGROUND: (CONT'D) contract from December 6, 2017 to December 6, 2018. Contract Amendment #1 also increased the maximum payment limits for GradeTech, Inc. and Hess Construction Co., Inc. from $500,000 to $1,000,000 each, and Engineered Soil Repairs, Inc. from $300,000 to $600,000. These three on-call contracts became effective on December 6, 2016 and will expire on December 6, 2018. To retain the services of GradeTech, Inc., Hess Concrete Construction Co., Inc., and Engineered Soil Repairs, Inc., the Public Works Director recommends that the Board approve Contract Amendment #2 and authorize the Public Works Director, or designee, to sign Contract Amendment #2 for the County. Contract Amendment #2 will extend the completion dates for each contract from December 6, 2018 to December 6, 2019. There are no changes to the maximum payment limits. CONSEQUENCE OF NEGATIVE ACTION: These contracts originally had a term of one year, with the option of two one-year extensions. Contract Amendment #1 authorized one one-year extension and Contract Amendment #2 authorizes the use of the remaining one-year extension. Failure to approve Contract Amendment #2 may prevent the Public Works Department from completing routine road, flood control, and airport maintenance work in a timely manner. 12-4-18 BOS Minutes 414 RECOMMENDATION(S): ADOPT Resolution No. 2018/581 accepting as complete the contracted work performed by Kerex Engineering, Inc., for the Orwood Road Culvert Replacement Project, as recommended by the Public Works Director, Knightsen area. (County Project No. 0672-6U2342) (District III) FISCAL IMPACT: Project was funded by 100% Local Road Funds. BACKGROUND: The Public Works Director 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 October 24, 2018. CONSEQUENCE OF NEGATIVE ACTION: The contractor will not be paid and acceptance notification will not be recorded. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/04/2018 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Kevin Emigh 925.313.2233 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 4, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: C. 5 To:Board of Supervisors From:Brian M. Balbas, Public Works Director/Chief Engineer Date:December 4, 2018 Contra Costa County Subject:Notice of Completion of Construction Contract for the Orwood Road Culvert Replacement Project, Knightsen area. 12-4-18 BOS Minutes 415 AGENDA ATTACHMENTS Resolution No. 2018/581 MINUTES ATTACHMENTS Signed: Resolution No. 2018/581 12-4-18 BOS Minutes 416 Recorded at the request of:Clerk of the Board Return To:Public Works Dept., 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 12/04/2018 by the following vote: AYE:John Gioia, District I SupervisorCandace Andersen, District II SupervisorDiane Burgis, District III SupervisorKaren Mitchoff, District IV SupervisorFederal D. Glover, District V Supervisor NO: ABSENT: ABSTAIN: RECUSE: Resolution No. 2018/581 In the Matter of Accepting and Giving Notice of Completion of Contract for the Orwood Road Culvert Replacement Project, Knightsen area. County Project No. 0672-6U2342 (District III) WHEREAS the Board of Supervisors RESOLVES that on August 7, 2018, the County contracted with Kerex Engineering, Inc. for the work generally consisting of replacing a collapsed culvert and restoring the roadway. Work also included dewatering, installing a new drainage inlet, removing trench plates and placing of rock slope protection on the road embankment in the Knightsen area, with Developers Surety and Indemnity Company as surety, for work performed on the grounds of the County; and The Public Works Director 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 October 24, 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: December 4, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: 12-4-18 BOS Minutes 417 12-4-18 BOS Minutes 418 RECOMMENDATION(S): ADOPT Resolution No. 2018/536 approving the tenth extension of the Subdivision Agreement for subdivision SD89-07267, for a project being developed by Morgan Capital Investment Properties, as recommended by the Public Works Director, Walnut Creek area. (District IV) FISCAL IMPACT: No fiscal impact. BACKGROUND: The termination date of the Subdivision Agreement needs to be extended. The developer has not completed the required improvements and has requested more time. (Approximately 38% of the work has been completed to date.) By granting an extension, the County will give the developer more time to complete improvements and keep the bond current. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/04/2018 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: Jocelyn LaRocque - (925) 313-2315 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 4, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: Jocelyn LaRocque- Engineering Services, Trixie Gothro - Design & Construction, Ruben Hernandez - DCD, Morgan Capital Investment Properties, International Fidelity Insurance Company, T-2/20/2019, Randolf Sanders- Engineering Services, Alex Lopez - Engineering Services C. 6 To:Board of Supervisors From:Brian M. Balbas, Public Works Director/Chief Engineer Date:December 4, 2018 Contra Costa County Subject:Approving the tenth extension of the Subdivision Agreement for subdivision SD89-07267, Walnut Creek area. 12-4-18 BOS Minutes 419 CONSEQUENCE OF NEGATIVE ACTION: The termination date of the Subdivision Agreement will not be extended and the developer will be in default of the agreement, requiring the County to take legal action against the developer and surety to get the improvements installed, or revert the development to acreage. AGENDA ATTACHMENTS Resolution No. 2018/536 Subdivision Agreement Extension MINUTES ATTACHMENTS Signed: Resolution No. 2018/536 12-4-18 BOS Minutes 420 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and for Special Districts, Agencies and Authorities Governed by the Board Adopted this Resolution on 12/04/2018 by the following vote: AYE:5 John Gioia Candace Andersen Diane Burgis Karen Mitchoff Federal D. Glover NO: ABSENT: ABSTAIN: RECUSE: Resolution No. 2018/536 IN THE MATTER OF approving the tenth extension of the Subdivision Agreement for subdivision SD89-07267, for a project being developed by Morgan Capital Investment Properties, as recommended by the Public Works Director, Walnut Creek area. (District IV) WHEREAS the Public Works Director having recommended that he be authorized to execute the tenth agreement extension which extends the subdivision agreement between Morgan Capital Investment Properties and the County for construction of certain improvements in subdivision SD89-07267, Walnut Creek area, through April 20, 2019. APPROXIMATE PERCENTAGE OF WORK COMPLETE: 38% ANTICIPATED DATE OF COMPLETION: Unknown BOND NO.: CAIFSU 0318779 Date: March 6, 2003 REASON FOR EXTENSION: Stop work order in place because road was not built to County standards. Applicants to submit acceptable plans per County standards and obtain a development permit approval prior to work recommencing. NOW, THEREFORE, BE IT RESOLVED that the recommendation of the Public Works Director is APPROVED. Contact: Jocelyn LaRocque - (925) 313-2315 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 4, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: Jocelyn LaRocque- Engineering Services, Trixie Gothro - Design & Construction, Ruben Hernandez - DCD, Morgan Capital Investment Properties, International Fidelity Insurance Company, T-2/20/2019, Randolf Sanders- Engineering Services, Alex Lopez - Engineering Services 12-4-18 BOS Minutes 421 12-4-18 BOS Minutes 422 12-4-18 BOS Minutes 423 12-4-18 BOS Minutes 424 12-4-18 BOS Minutes 425 12-4-18 BOS Minutes 426 RECOMMENDATION(S): ADOPT Resolution No. 2018/457 approving the Subdivision Agreement for subdivision SD87-06844, for a project being developed by Seclusion Development Group, LLC, as recommended by the Public Works Director, Lafayette area. (District V) FISCAL IMPACT: No fiscal impact BACKGROUND: The property ownership has changed and a new subdivision agreement is required. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/04/2018 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Randolf Sanders (925)313-2111 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 4, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: Jocelyn LaRocque- Engineering Services, Randolf Sanders- Engineering Services, Alex Lopez - Engineering Services, Trixie Gothro - Design & Construction, Mike Mann- Finance, Seclusion Development Group, LLC, Philadelphia Indemnity Insurance Company C. 7 To:Board of Supervisors From:Brian M. Balbas, Public Works Director/Chief Engineer Date:December 4, 2018 Contra Costa County Subject:Approving the Subdivision Agreement for subdivision SD87-06844, Lafayette area. 12-4-18 BOS Minutes 427 CONSEQUENCE OF NEGATIVE ACTION: The Subdivision Agreement will not be in the name of the current owner, and the previous owner will not receive a refund of the cash deposit. AGENDA ATTACHMENTS Resolution No. 2018/457 Subdivision Agreement w/security bond MINUTES ATTACHMENTS Signed: Resolution No. 2018/457 12-4-18 BOS Minutes 428 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and for Special Districts, Agencies and Authorities Governed by the Board Adopted this Resolution on 12/04/2018 by the following vote: AYE:5 John Gioia Candace Andersen Diane Burgis Karen Mitchoff Federal D. Glover NO: ABSENT: ABSTAIN: RECUSE: Resolution No. 2018/457 IN THE MATTER OF: approving the Subdivision Agreement for subdivision SD87-06844, for a project being developed by Seclusion Development Group, LLC. Lafayette area (District V) WHEREAS, the following document was presented for Board approval this date a subdivision agreement with Seclusion Development Group, LLC, principal, whereby said principal agrees to complete all improvements, as required in said Subdivision Agreement within 1 year(s) from the date of said agreement. Said document was accompanied by security to guarantee the completion of road and drainage improvements, as required by Title 9 of the County Ordinance Code, as follows: Cash Bond Performance Amount: $ 16,200.00 Auditor's Deposit Permit No. DP 766671 Date: July 23, 2018 Submitted by: Seclusion Development Group, LLC Surety Bond Company: Philadelphia Indemnity Insurance Company Bond Number: PB01798100096 Date: August 24, 2016 Performance Amount: $1,596,900.00 Labor and Materials Amount: $806,500.00 Principal: Seclusion Development Group, LLC All deposit permits are on file with the Public Works Department. NOW THEREFORE BE IT RESOLVED that said Subdivision Agreement is APPROVED. BE IT FURTHER RESOLVED the improvement security bonds with Reliez Valley Investors, LLC are EXONERATED and the Public Works Director is AUTHORIZED to refund the cash deposit (Auditor's Deposit Permit No. 719209, dated September 6, 2016) in the amount of $16,200.00, plus interest in accordance with Government Code Section 53079, if appropriate, to Reliez Valley Investors, LLC Contact: Randolf Sanders (925)313-2111 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 4, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: Jocelyn LaRocque- Engineering Services, Randolf Sanders- Engineering Services, Alex Lopez - Engineering Services, Trixie Gothro - Design & Construction, Mike Mann- Finance, Seclusion Development Group, LLC, Philadelphia Indemnity Insurance Company 12-4-18 BOS Minutes 429 12-4-18 BOS Minutes 430 12-4-18 BOS Minutes 431 12-4-18 BOS Minutes 432 12-4-18 BOS Minutes 433 12-4-18 BOS Minutes 434 12-4-18 BOS Minutes 435 12-4-18 BOS Minutes 436 12-4-18 BOS Minutes 437 RECOMMENDATION(S): ADOPT Resolution No. 2018/514 approving the sixth extension of the Subdivision Agreement for subdivision SD03-08744, for a project being developed by Discovery Builders, Inc., as recommended by the Public Works Director, Martinez area. (District V) FISCAL IMPACT: No fiscal impact. BACKGROUND: The termination date of the Subdivision Agreement needs to be extended. The developer has not completed the required improvements and has requested more time. (Approximately 0% of the work has been completed to date.) By granting an extension, the County will give the developer more time to complete their improvements and keep the bond current. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/04/2018 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Randolf Sanders (925)313-2111 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 4, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: Jocelyn LaRocque- Engineering Services, Randolf Sanders- Engineering Services, Alex Lopez - Engineering Services, Trixie Gothro - Design & Construction, Connie Sumpter - DCD, File, T-6/14/19, Discovery Builders, Inc., Safeco Insurance Company of America C. 8 To:Board of Supervisors From:Brian M. Balbas, Public Works Director/Chief Engineer Date:December 4, 2018 Contra Costa County Subject:Approving the sixth extension of the Subdivision Agreement for subdivision SD03-08744, Martinez area. 12-4-18 BOS Minutes 438 CONSEQUENCE OF NEGATIVE ACTION: The termination date of the Subdivision Agreement will not be extended and the developer will be in default of the agreement, requiring the County to take legal action against the developer and surety to get the improvements installed, or revert the development to acreage AGENDA ATTACHMENTS Resolution No. 2018/514 Subdivision Agreement Extension MINUTES ATTACHMENTS Signed: Resolution No. 2018/514 12-4-18 BOS Minutes 439 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and for Special Districts, Agencies and Authorities Governed by the Board Adopted this Resolution on 12/04/2018 by the following vote: AYE:5 John Gioia Candace Andersen Diane Burgis Karen Mitchoff Federal D. Glover NO: ABSENT: ABSTAIN: RECUSE: Resolution No. 2018/514 IN THE MATTER OF approving the sixth extension of the Subdivision Agreement for subdivision SD03-08744, for a project being developed by Discovery Builders, Inc., as recommended by the Public Works Director, Martinez area. (District V) WHEREAS the Public Works Director having recommended that he be authorized to execute the sixth agreement extension which extends the subdivision improvement agreement between Discovery Builders, Inc. and the County for construction of certain improvements in subdivision SD03-08744, Martinez area, through August 14, 2019. APPROXIMATE PERCENTAGE OF WORK COMPLETE: 0% ANTICIPATED DATE OF COMPLETION: December 2020 BOND NO.: 6503332 Date: July 24, 2007 REASON FOR EXTENSION: Delay due to economic downturn, and product revised to address housing market. NOW, THEREFORE, BE IT RESOLVED that the recommendation of the Public Works Director is APPROVED. Contact: Randolf Sanders (925)313-2111 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 4, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: Jocelyn LaRocque- Engineering Services, Randolf Sanders- Engineering Services, Alex Lopez - Engineering Services, Trixie Gothro - Design & Construction, Connie Sumpter - DCD, File, T-6/14/19, Discovery Builders, Inc., Safeco Insurance Company of America 12-4-18 BOS Minutes 440 12-4-18 BOS Minutes 441 12-4-18 BOS Minutes 442 12-4-18 BOS Minutes 443 12-4-18 BOS Minutes 444 12-4-18 BOS Minutes 445 12-4-18 BOS Minutes 446 12-4-18 BOS Minutes 447 RECOMMENDATION(S): APPROVE the Fiscal Year (FY) 2018/19 Dougherty Valley Maintenance County Service Area M-29 budget totaling $23,991,923 as summarized as Exhibit 1, as recommended by the Public Works Director, San Ramon (Dougherty Valley) area. (District II) FISCAL IMPACT: 100% County Service Area M-29 Funds. BACKGROUND: Dougherty Valley is an 11,000-unit development that was approved by, and is being processed through Contra Costa County and is annexed into the City of San Ramon as Final Maps are approved and improvements are accepted as complete. Dougherty Valley began construction in 1996 and currently 95% of the homes have been annexed into San Ramon. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/04/2018 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: Jocelyn LaRocque (925)313-2315 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 4, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: Slava Gospodchikov - Engineering Services , Jocelyn LaRocque- Engineering Services, Randolf Sanders- Engineering Services, Liza Mangabay - Finance, Shirley Lau - Finance, Chris Low - City of San Ramon, Candace Daniels - San Ramon Finance Manager, Eva Howard-Phelps- San Ramon, Robert Campbell, Auditor Controller, Francisco & Associates, Inc., David Twa. CAO C. 9 To:Board of Supervisors From:Brian M. Balbas, Public Works Director/Chief Engineer Date:December 4, 2018 Contra Costa County Subject:APPROVE the Fiscal Year 2018/19 Budget for Dougherty Valley Maintenance for County Service Area M-29, San Ramon (Dougherty Valley) area 12-4-18 BOS Minutes 448 BACKGROUND: (CONT'D) A 1994 Settlement Agreement that allowed for the development of Dougherty Valley also laid out a plan to provide for the long-term operation and maintenance of the increased municipal services provided in Dougherty Valley. These increased services include Police Protection, Parks Maintenance, Landscape Maintenance, Street Lighting, increased Library Services, and the operation and maintenance of 3 Community Facilities Buildings (Community Center, Senior Center, and Service Center) In a 1997 Memorandum of Understanding between Contra Costa County and the City of San Ramon, it was decided that these increased services would be provided by the City of San Ramon, and reimbursed through property tax and special assessment revenue of CSA M-29. CSA M-29 was created in 1998 to collect property tax and special assessment revenue. However, the Dougherty Valley Maintenance Budget includes all revenue from CSA M-29 in addition to sales tax, real property transfer tax and contributions from the City of San Ramon General Fund. At the end of the fiscal year funds are to be reimbursed to the City of San Ramon for various municipal services provided within the Dougherty Valley area. On December 20, 2005, the Board of Supervisors approved a Reimbursement Agreement between the County, the City of San Ramon, Shapell Industries and Windemere BLC Land Company to provide reimbursement to the City of San Ramon for providing services within the boundaries of Dougherty Valley. The Reimbursement Agreement outlined the annual process for the City of San Ramon to receive reimbursement of funds for services rendered in Dougherty Valley. The process laid out in the agreement calls for the annual budget for Dougherty Valley Maintenance to be approved at the San Ramon City Council level and then subsequently approved at the County Board of Supervisors. On May 22, 2018, by Resolution 2018-059, the San Ramon City Council approved the FY 2018/19 citywide operating and capital budgets including line items for the Dougherty Valley Maintenance which totaled $23,991,923 in expenses. CONSEQUENCE OF NEGATIVE ACTION: The Dougherty Valley Maintenance budget will not be approved and the City of San Ramon will not receive reimbursement for city services performed in Dougherty Valley as agreed to under terms of the Reimbursement Agreement and the 1994 Settlement Agreement. ATTACHMENTS 2018-19 Annual Budget 12-4-18 BOS Minutes 449 12-4-18 BOS Minutes 450 RECOMMENDATION(S): ADOPT Resolution No. 2018/571 accepting Grant Deed of Development Rights (creek structure setback) for land use permit LP09-02026, for a project being developed by the San Ramon Valley Fire Protection District, as recommended by the Public Works Director, Alamo area. (District II) FISCAL IMPACT: No fiscal impact. BACKGROUND: The Grant Deed Of Development Rights (creek structure setback) is required per Condition of Approval No. 59. CONSEQUENCE OF NEGATIVE ACTION: The Grant Deed Of Development APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/04/2018 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Randolf Sanders (925)313-2111 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 4, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: Jocelyn LaRocque- Engineering Services, Randolf Sanders- Engineering Services, Kara Schuh - Engineering Services, Renee Hutchins - Records, Karen Piona- Record, San Ramon Valley Fire Protection District C. 10 To:Board of Supervisors From:Brian M. Balbas, Public Works Director/Chief Engineer Date:December 4, 2018 Contra Costa County Subject:Accept a Grant Deed Of Development Rights (creek structure setback) for land use permit LP09-02026, Alamo area. 12-4-18 BOS Minutes 451 CONSEQUENCE OF NEGATIVE ACTION: (CONT'D) Rights (creek structure setback) will not be recorded. AGENDA ATTACHMENTS Resolution No. 2018/571 Grant Deed of Development Rights MINUTES ATTACHMENTS Signed: Resolution No. 2018/571 Signed: Grant Deed of Development Rights 12-4-18 BOS Minutes 452 Recorded at the request of:Clerk of the Board Return To:Public Works Dept- Simone Saleh THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and for Special Districts, Agencies and Authorities Governed by the Board Adopted this Resolution on 12/04/2018 by the following vote: AYE:John Gioia, District I SupervisorCandace Andersen, District II SupervisorDiane Burgis, District III SupervisorKaren Mitchoff, District IV SupervisorFederal D. Glover, District V Supervisor NO: ABSENT: ABSTAIN: RECUSE: Resolution No. 2018/571 IN THE MATTER OF accepting Grant Deed of Development Rights (creek structure setback) for land use permit LP09-02026, for a project being developed by San Ramon Valley Fire Protection District, as recommended by the Public Works Director, Alamo area. (District II) NOW, THEREFORE, BE IT RESOLVED that the following instrument is hereby ACCEPTED: INSTRUMENT: Grant Deed Of Development Rights (creek structure setback) REFERENCE: APN 193-130-025 (LP09-02026) GRANTOR: San Ramon Valley Fire Protection District AREA: Alamo DISTRICT: II Contact: Randolf Sanders (925)313-2111 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 4, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: Jocelyn LaRocque- Engineering Services, Randolf Sanders- Engineering Services, Kara Schuh - Engineering Services, Renee Hutchins - Records, Karen Piona- Record, San Ramon Valley Fire Protection District 12-4-18 BOS Minutes 453 12-4-18 BOS Minutes 454 12-4-18 BOS Minutes 455 12-4-18 BOS Minutes 456 12-4-18 BOS Minutes 457 12-4-18 BOS Minutes 458 12-4-18 BOS Minutes 459 12-4-18 BOS Minutes 460 12-4-18 BOS Minutes 461 12-4-18 BOS Minutes 462 12-4-18 BOS Minutes 463 12-4-18 BOS Minutes 464 12-4-18 BOS Minutes 465 12-4-18 BOS Minutes 466 12-4-18 BOS Minutes 467 RECOMMENDATION(S): ADOPT Resolution No. 2018/574 ratifying the prior decision of the Public Works Director, or designee, to fully close a portion of Knightsen Avenue between Delta Road and Curlew Connex and all of 2nd Street on December 2, 2018 from 2:00 PM through 7:00 PM, for the purpose of Knightsen Holiday Parade and Tree Lighting, Knightsen area. (District III) FISCAL IMPACT: No fiscal impact. BACKGROUND: Applicant shall follow guidelines set forth by the Public Works Department. CONSEQUENCE OF NEGATIVE ACTION: Applicant will not have Board approval for completed road closure. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/04/2018 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: 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: December 4, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: Jocelyn LaRocque- Engineering Services, Bob Hendry -Engineering Services, CHP, Sheriff - Patrol Division Commander C. 11 To:Board of Supervisors From:Brian M. Balbas, Public Works Director/Chief Engineer Date:December 4, 2018 Contra Costa County Subject:Ratify the prior decision to fully close a portion of lane closures on December 2, 2018 from 2:00 PM through 7:00 PM, Knightsen area. 12-4-18 BOS Minutes 468 12-4-18 BOS Minutes 469 AGENDA ATTACHMENTS Resolution No. 2018/574 MINUTES ATTACHMENTS Signed: Resolution No. 2018/574 12-4-18 BOS Minutes 470 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and for Special Districts, Agencies and Authorities Governed by the Board Adopted this Resolution on 12/04/2018 by the following vote: AYE:5 John Gioia Candace Andersen Diane Burgis Karen Mitchoff Federal D. Glover NO: ABSENT: ABSTAIN: RECUSE: Resolution No. 2018/574 IN THE MATTER OF ratifying the prior decision of the Public Works Director, or designee, to fully close a portion of Knightsen Avenue between Delta Road and Curlew Connex and all of 2nd Street, on December 2, 2018 from 2:00 PM through 7:00 PM, for the purpose of Knightsen Holiday Parade and Tree Lighting, Knightsen area. (District III) RC18-18 NOW, THEREFORE, BE IT RESOLVED that permission is granted to Knightsen Garden Club / Supervisor Burgis to fully close Knightsen Avenue between Delta Road and Curlew Connex and all of 2nd Street, except for emergency traffic, on December 2, 2018 for the period of 2:00 PM through 7:00 PM, subject to the following conditions: 1. Traffic will be detoured via neighboring streets 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. Knightsen Garden Club / Supervisor Burgis 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: December 4, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: Jocelyn LaRocque- Engineering Services, Bob Hendry -Engineering Services, CHP, Sheriff - Patrol Division Commander 12-4-18 BOS Minutes 471 12-4-18 BOS Minutes 472 RECOMMENDATION(S): AUTHORIZE the Public Works Director, or designee, to submit an application requesting Community Development Block Grant (CDBG) funds for improvements at Montalvin Park in San Pablo and accept funds if application is approved. (District I) FISCAL IMPACT: If the application is approved the County may be granted up to $90,000 toward the project budget. County Service Area M-17 funds will be used to match 25% of the total grant award for the project. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/04/2018 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: Carl Roner (925) 313-2213 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 4, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: Carl Roner- Special Districts, Victoria Skerritt, Special Districts, Gabriel Lemus - DCD, Shirley Lau - Finance C. 12 To:Board of Supervisors From:Brian M. Balbas, Public Works Director/Chief Engineer Date:December 4, 2018 Contra Costa County Subject:AUTHORIZE application requesting Community Development Block Grant funds for improvements at Montalvin Park, San Pablo area. 12-4-18 BOS Minutes 473 BACKGROUND: The purpose of this project is to improve the recreational sports facilities located on the upper level of Montalvin Park in unincorporated San Pablo. These improvements will serve lower to moderate income residents in the Montalvin neighborhood, who rely on Montalvin Park for outdoor activities. It will also encourage youth to utilize the facilities in a positive way, and will enhance the overall aesthetic appearance of the park. The Public Works Department identifies grant funding opportunities to stretch local dollars to provide additional improvements to the unincorporated communities in the County. The CDBG is intended to develop viable urban communities by providing decent housing and a suitable living environment, and by expanding economic opportunities, principally for low and moderate income persons. The program is authorized under Title 1 of the Housing and Community Development Act of 1974 and is administered through the United States Department of Housing and Urban Development. CONSEQUENCE OF NEGATIVE ACTION: Without authorization the Public Works Department will not have the opportunity to receive CDBG funding for this project. 12-4-18 BOS Minutes 474 RECOMMENDATION(S): APPROVE the conveyance of a Grant of Easement for storm drain purposes to Seclusion Development Group, LLC, a California limited liability company pursuant to Government Code Section 25526.6. (Project No. 4500-WL0072 (SD8706844))(CP#18-12) DETERMINE that the conveyance of said easement is in the public interest and will not substantially conflict or interfere with the County’s use of the property. DETERMINE that this activity is not subject to the California Environmental Quality Act (CEQA) pursuant to Article 5, Section 15061 (b)(3) of the CEQA Guidelines; and DIRECT the Director of Conversation and Development (DCD), or designee, to file a Notice of Exemption with the County Clerk; and AUTHORIZE the Public Works Director, or designee, to arrange for payment of $25 fee to DCD for processing, and a $50 fee to the County Clerk for filing the Notice of Exemption. AUTHORIZE the Public Works Director, or designee, to execute the Grant of Easement on behalf of the County. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/04/2018 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Jewel Lopez 925-957-2485 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 4, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: C. 13 To:Board of Supervisors From:Brian M. Balbas, Public Works Director/Chief Engineer Date:December 4, 2018 Contra Costa County Subject:APPROVE and AUTHORIZE Conveyance of a Grant of Easement with Seclusion Valley Development, LLC, Lafayette area. 12-4-18 BOS Minutes 475 RECOMMENDATION(S): (CONT'D) DIRECT the Real Estate Division of the Public Works Department to cause said Grant of Easement to be delivered for recording in the Office of the County Clerk-Recorder. FISCAL IMPACT: 100% Applicant Fees. BACKGROUND: In 1987, the Developer submitted plans that consisted of 29 lots. In 1991, the Developer reduced the number of planned lots to 22 and conveyed right of way by Offer of Dedication on Reliez Valley Road and the internal road, Lomas Verdes Place, per Conditions of Approval to Contra Costa County (County). The Board of Supervisors (Board) approved the Final Map on August 6, 2002. Later in June 2016, the Developer further reduced the number of lots from 22 to 15, and as a result the length of the internal road was also reduced making the original Offer of Dedication for Lomas Verdes Place no longer applicable. On October 18, 2016, the County approved the SD6844 improvement plans for the Seclusion Valley Development; the plans, as part of its drainage system, included an underground detention system and trash capture system. The Board terminated and abandoned the initial Offer of Dedication and accepted a new Offer of Dedication for Lomas Verdes Place on March 14, 2017. A portion of the underground detention system and trash capture system is within County right of way. Per County policy, the County does not accept maintenance responsibilities for underground detention systems. The Real Estate division of the Public Works Department has determined that the value of the easement is less than $25,000, and that the conveyance of the easement will not affect the County’s ability to use, for County road purposes, the property encumbered by the easement. The easement to Seclusion Development Group, LLC, is necessary so that the Developer and future home owner’s association (HOA) can maintain the underground detention system. CONSEQUENCE OF NEGATIVE ACTION: The developer and future HOA will not be able to maintain their underground detention system within the County right of way. ATTACHMENTS CEQA Draft Grant of Easement & Exhibits 12-4-18 BOS Minutes 476 12-4-18 BOS Minutes 477 12-4-18 BOS Minutes 478 12-4-18 BOS Minutes 479 12-4-18 BOS Minutes 480 12-4-18 BOS Minutes 481 12-4-18 BOS Minutes 482 12-4-18 BOS Minutes 483 12-4-18 BOS Minutes 484 12-4-18 BOS Minutes 485 12-4-18 BOS Minutes 486 12-4-18 BOS Minutes 487 12-4-18 BOS Minutes 488 12-4-18 BOS Minutes 489 12-4-18 BOS Minutes 490 12-4-18 BOS Minutes 491 RECOMMENDATION(S): AUTHORIZE the Director of Airports, or designee, to negotiate a long-term ground lease and development terms between the County, as Landlord, and Montecito Development Company, LLC, as the developer, for approximately 16 acres of land on the west side of the Buchanan Field Airport. FISCAL IMPACT: There is no negative impact on the General Fund. The Airport Enterprise Fund would realize lease and other revenues. The County General Fund would realize sales tax and other revenues if a lease is successfully negotiated. BACKGROUND: The development site is approximately 16 acres of vacant land owned by the County and located on the west side of Buchanan Field Airport generally between Marsh Drive and Sally Ride Drive. The parcel is currently designated for aviation use on the existing Buchanan Field APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/04/2018 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Beth Lee, (925) 681-4200 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 4, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: C. 14 To:Board of Supervisors From:Keith Freitas, Airports Director Date:December 4, 2018 Contra Costa County Subject:Contra Costa Airports - Authorize to Negotiate Ground Lease & Development Terms for Approx. 16 Acres of County-Owned Land-Buchanan Field Airport 12-4-18 BOS Minutes 492 BACKGROUND: (CONT'D) Airport Master Plan. However, the Airports Division is in process of updating the Airport Layout Plan and the associated aviation forecasts and facility needs analysis support re-designating it for non-aviation use. As such, the Airport Division submitted a request to the Federal Aviation Administration’s Airports District Office (ADO), which, if approved, will result in the parcel being re-designated for non-aviation use. An aviation use can be located on land that is designated for non-aviation use. The Airport Division of the Contra Costa County Public Works Department - Airports Division received a letter of interest to lease and develop the property for non-aviation use. In accordance with the Airport Division’s standard practices and at the request of the ADO, on October 25, 2018, the Airport Division solicited for competitive interest in developing the parcel prior to making a developer selection. This solicitation of competitive interest was transmitted to the current commercial tenants of both County airports and to those persons who have asked to be included on a list of developers interested in developing land at either of the County airports. The County did not receive any additional letters of interest to develop this property. Consistent with the master developer selection process that was approved by the Board of Supervisors on May 23, 2006, projects without a competitive interest are to proceed with the traditional environmental review and lease development processes. The non-aviation development project will be presented to the Aviation Advisory Committee, the Airport Committee, and any other stakeholder to enhance community relations and collaborative relationships. Development of this 16-acre vacant parcel would expand economic development activity at the Buchanan Field Airport and lead to increased revenues to the Airport Enterprise Fund. The proposal submitted for a non-aviation use, however, is subject to the Airport Division successfully completing the federal process in order for the FAA to approve the County’s request for re-designation of the site. A business proposal must also be consistent with the General Plan for consideration. When the FAA issues a notice of intent to release the property for non-aviation use, Airports staff will work with the Department of Conservation and Development to assess consistency with the General Plan and, if necessary, initiate a General Plan Amendment. The Board of Supervisors could consider approval of a non-aviation use lease at the Buchanan Field Airport after the ADO releases the property for non-aviation use and, if necessary, completion of a General Plan Amendment. Unless and until a final lease agreement is fully executed by all parties, this Board Order, any draft lease agreement, other communications or conduct of the parties shall have absolutely no legal effect, may not be used to impose any legally binding obligation on the County and may not be used as evidence of any oral or implied agreement between the parties or as evidence of the terms and conditions of any implied agreement. CONSEQUENCE OF NEGATIVE ACTION: Delay in initiating the developer selection process will result in a delay of developing vacant land at Buchanan Field Airport and may negatively impact the Airport Enterprise Fund and County General Fund. 12-4-18 BOS Minutes 493 RECOMMENDATION(S): APPROVE and AUTHORIZE the Chief Engineer, Contra Costa County Flood Control and Water Conservation District (FC District), or designee, to apply for grant assistance in the form of the San Francisco Bay Restoration Authority Measure AA Grant Program, in an amount not to exceed $10,000,000, for partial implementation of the North and South Reaches of the Lower Walnut Creek Restoration Project, Martinez area. FISCAL IMPACT: Grant amount requested will be up to $10,000,000 from local Measure AA funds. Remaining project costs will be funded by FC District Zone 3B funds (Fund 252000) or other state and federal grant funds. No match requirement. BACKGROUND: Following the 2014 congressional “selective deauthorization” of the most downstream 4 miles of Walnut and Pacheco Creeks, the FC District has completed a community-based planning process that identified a preferred alternative for restoration work of Lower Walnut Creek. The project subsequently attracted grant funding from the California Department of Fish and Wildlife and the U.S. Environmental Protection Agency that covered CEQA, design, and regulatory APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/04/2018 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: Paul R. Detjens, (925) 313-2394 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 4, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: Mike Carlson, Deputy Chief Engineer, Tim Jensen, Flood Control, Paul Detjens, Flood Control, Catherine Windham, Flood Control C. 15 To:Contra Costa County Flood Control District Board of Supervisors From:Brian M. Balbas, Public Works Director/Chief Engineer Date:December 4, 2018 Contra Costa County Subject:Lower Walnut Creek — San Francisco Bay Restoration Authority Measure AA Grant. Project No. 7520-6B8285 12-4-18 BOS Minutes 494 BACKGROUND: (CONT'D) permitting phases of work. Now the FC District is seeking grant funding for implementation of the restoration project. On June 7, 2016, 70% of voters in the nine Bay Area counties approved Measure AA: the San Francisco Bay Clean Water, Pollution Prevention and Habitat Restoration Measure. This $12 parcel tax raises approximately $25 million annually to fund shoreline projects that will protect and restore San Francisco Bay. This program is administered by the San Francisco Bay Restoration Authority. FC District staff has confirmed that the Lower Walnut Creek Restoration Project meets the eligibility criteria for grant funding and the project delivers benefits that are aligned with the grant program’s priorities. Alignment with this grant program has been a fundamental objective of the project’s planning process. Because the San Francisco Bay Restoration Authority Measure AA Grant Program is a good match for the Lower Walnut Creek Restoration Project funding, the FC District intends to request up to $10,000,000 of implementation funding. This represents a major portion of the FC District’s expected implementing funding. CONSEQUENCE OF NEGATIVE ACTION: Without the Board of Supervisors’ approval, the FC District will not be able to apply for the San Francisco Bay Restoration Authority Measure AA Grant described above. 12-4-18 BOS Minutes 495 RECOMMENDATION(S): APPROVE and AUTHORIZE the Director of Airports, or designee, to execute a consent to assignment between the County and the current tenant, Pacific States Aviation, and the new tenant, to assign the lease of County-owned property located at 51 and 101 John Glenn Drive, Concord to Threshold Technologies, Inc. (100% Airport Enterprise Funds) FISCAL IMPACT: There is no negative impact on the General Fund. The Airport Enterprise Fund will continue to receive lease and other revenues provided for in the Lease. The County General Fund will continue to receive property, sales and possessory interest tax revenues from the Lease. BACKGROUND: Under a ground lease dated February 25, 2006, the County leased the subject property to Pacific States Aviation, Inc. (PSA) for the purpose of providing services as a Fixed Base Operator (FBO) at Buchanan Field Airport. The PSA FBO has aviation service obligations that APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/04/2018 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Beth Lee, (925) 681-4200 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 4, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: C. 16 To:Board of Supervisors From:Keith Freitas, Airports Director Date:December 4, 2018 Contra Costa County Subject:Approve Director of Airports-Consent to Assig. Lease btwn CC County, Pacific States Aviation, Inc., and Threshold Technologies,Inc for property at CCR 12-4-18 BOS Minutes 496 BACKGROUND: (CONT'D) include a majority focus on services and activities for smaller (i.e., non-corporate) aviation users. In addition to the FBO business, PSA also owns and operates a flight school and maintenance business at Buchanan Field Airport. PSA has entered into an asset purchase agreement with Threshold Technologies, Inc. (Threshold) for the sale of PSA’s FBO business and assets to Threshold. To carry out the sale, PSA must assign its lease with the County to Threshold. An assignment of the lease requires the prior written consent of the County. This Board action would authorize the Director of Airports to execute a consent to assignment of the Lease. Staff recommends the County consent to the assignment because Threshold is capable of satisfying the financial and business requirements of the Lease. The Lease will provide significant revenue to the Airport Enterprise Fund and County General Fund. The Lease is comparable to other executed leases and is consistent with the Airport Master Plan. CONSEQUENCE OF NEGATIVE ACTION: PSA will not be able to assign the lease which will impair the sale of the business. ATTACHMENTS Consent to Assignment of Lease Attachment A - Fully Executed Asset Purchase Agreement 12-4-18 BOS Minutes 497 12-4-18 BOS Minutes 498 12-4-18 BOS Minutes 499 12-4-18 BOS Minutes 500 12-4-18 BOS Minutes 501 12-4-18 BOS Minutes 502 12-4-18 BOS Minutes 503 12-4-18 BOS Minutes 504 12-4-18 BOS Minutes 505 12-4-18 BOS Minutes 506 12-4-18 BOS Minutes 507 12-4-18 BOS Minutes 508 12-4-18 BOS Minutes 509 12-4-18 BOS Minutes 510 12-4-18 BOS Minutes 511 12-4-18 BOS Minutes 512 12-4-18 BOS Minutes 513 12-4-18 BOS Minutes 514 12-4-18 BOS Minutes 515 12-4-18 BOS Minutes 516 12-4-18 BOS Minutes 517 12-4-18 BOS Minutes 518 12-4-18 BOS Minutes 519 12-4-18 BOS Minutes 520 12-4-18 BOS Minutes 521 12-4-18 BOS Minutes 522 12-4-18 BOS Minutes 523 RECOMMENDATION(S): APPROVE and AUTHORIZE the Director of Airports, or designee, to execute a Software and Services Agreement with Grey Wall Software, LLC., in the amount of $50,000, for the term December 4, 2018, to December 3, 2021, including modified indemnification language, to provide an airport administration and operation software solution for the Buchanan Field and Byron Airport. Concord and Byron Areas (District III and District IV). FISCAL IMPACT: There is no negative impact on the General Fund. 100% funded by the Airport Enterprise Fund. BACKGROUND: The contract will provide the airports a customizable software solution APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/04/2018 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Beth Lee, (925) 681-4200 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 4, 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:Keith Freitas, Airports Director Date:December 4, 2018 Contra Costa County Subject:Authorization to Execute an Agreement with Grey Wall Software, LLC.; Buchanan Field and Byron Airport 12-4-18 BOS Minutes 524 BACKGROUND: (CONT'D) to efficiently and effectively manage both airport administration and operations systems in a single solution. Airport administration and operation systems include, but are not limited to, hangar and tenant management, property maintenance, and airfield inspections. The vendor will host the software application and database in the cloud. Under the contract, the County agrees to defend and indemnify the vendor from and against claims brought against vendor arising out of County’s breach of the agreement, claims the County’s data , or use of the service in violation of the agreement, , or claims that vendor’s use of the County Data is not authorized. CONSEQUENCE OF NEGATIVE ACTION: If the County is unable to update the Buchanan Field and Byron Airport software solutions, the County will not be able to improve administration and operations systems and efficiency. 12-4-18 BOS Minutes 525 RECOMMENDATION(S): APPROVE and AUTHORIZE the Director of Airports, or designee, to execute a month-to-month hangar rental agreement with John Potter for a Shade hangar at Buchanan Field Airport effective December 1, 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: 12/04/2018 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Beth Lee, (925) 681-4200 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 4, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: C. 18 To:Board of Supervisors From:Keith Freitas, Airports Director Date:December 4, 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 12-4-18 BOS Minutes 526 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 12-4-18 BOS Minutes 527 12-4-18 BOS Minutes 528 12-4-18 BOS Minutes 529 RECOMMENDATION(S): RECEIVE this report concerning the final settlement of Roger A. Canady and AUTHORIZE payment from the Workers' Compensation Internal Service Fund in an amount not to exceed $175,000, less disability advances. FISCAL IMPACT: Workers' Compensation Internal Service Fund payment of $175,000, less permanent disability payments. BACKGROUND: Attorney Evan Daily, defense counsel for the County, has advised the County Administrator that within authorization an agreement has been reached settling the workers' compensation claim of Roger A. Canady II v. Contra Costa County. The Board's November 6, 2018 vote was: Supervisors Gioia, Andersen, Burgis, Mitchoff and Glover - Yes. This action is taken so that the terms of the final settlements and the earlier November 6, 2018 closed session vote of this Board authorizing its negotiated settlement is known publicly. CONSEQUENCE OF NEGATIVE ACTION: Case will not be settled. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/04/2018 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: Sharon Hymes-Offord 335-1400 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 4, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: C. 19 To:Board of Supervisors From:Sharon Offord Hymes, Risk Manager Date:December 4, 2018 Contra Costa County Subject:Final Settlement of Claim, Roger A. Canady II vs. Contra Costa County 12-4-18 BOS Minutes 530 RECOMMENDATION(S): RECEIVE this report concerning the final settlement of Nancy Rayl and AUTHORIZE payment from the Workers' Compensation Internal Service Fund in an amount not to exceed $80,000, less disability advances. FISCAL IMPACT: Workers' Compensation Internal Service Fund payment of $80,000, less permanent disability payments. BACKGROUND: Attorney Mark A. Cartier, defense counsel for the County, has advised the County Administrator that within authorization an agreement has been reached settling the workers' compensation claim of Nancy Rayl v. Contra Costa County. The Board's November 6, 2018 vote was: Supervisors Gioia, Andersen, Burgis, Mitchoff and Glover - Yes. This action is taken so that the terms of the final settlement and the earlier November 6, 2018 closed session vote of this Board authorizing its negotiated settlement is known publicly. CONSEQUENCE OF NEGATIVE ACTION: Case will not be settled. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/04/2018 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: Sharon Hymes-Offord 335.1400 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 4, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: C. 20 To:Board of Supervisors From:Sharon Offord Hymes, Risk Manager Date:December 4, 2018 Contra Costa County Subject:Final Settlement of Claim, Nancy Rayl vs. Contra Costa County 12-4-18 BOS Minutes 531 RECOMMENDATION(S): DENY claims filed by Kelly Edlund, Julia Galves, Geico General Insurance Company, Tod and Alyse Hickman, Lucy McCormick, Progressive Insurance on behalf of Shyra Krause, and Alex M. Studer. DENY amended claim filed by CSAA Inusrance on belhalf of Vladimir Katsnelson, Julia Galvez and Roselyn May. FISCAL IMPACT: No fiscal impact. BACKGROUND: Kelly Edlund: Property claim for damage to vehicle windshield in the amount of $100. Julia Galves: Property claim for damage to vehicle in the amount of $1,800 as a result of motor vehicle accident with County employee. Geico General Insurance Company: Property claim by insurer for damage to insured’s vehicle in the amount of $10,105.74 as a result of motor vehicle accident with County employee. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/04/2018 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Scott Selby 925.335.1400 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 4, 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:David Twa, County Administrator Date:December 4, 2018 Contra Costa County Subject:Claims 12-4-18 BOS Minutes 532 BACKGROUND: (CONT'D) Tod & Alyse Hickman: Personal injury claim in the amount of $5,000,000. alleging employment discrimination against one of the claimants. Lucy McCormick: Property claim in the amount of $8,002.83 arising out of dog's death. Progressive Insurance on behalf of Shyra Krause: Property claim for damage to vehicle in undisclosed amount as a result of motor vehicle accident with County employee. Alex M. Studer: Personal injury claim in the amount of $1,000,000 alleging the use of excessive force by arresting deputies. CSAA Insurance on behalf of Vladimir Katsnelson; Amended property claim by insurer for damage to insured’s vehicle in the amount of $1,042.67 as a result of motor vehicle accident with County employee. Julia Galvez: Amended property claim for damage to a vehicle in the amount of $1,800 as a result of motor vehicle accident with County employee. Roselyn May: Amended personal injury claim for pain and suffering in the amount of $1,500 arising out of conversation with her doctor about medication. 12-4-18 BOS Minutes 533 APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/04/2018 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: Jami Napier 925.335.1908 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 4, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stephanie Mello, Deputy cc: C. 22 To:Board of Supervisors From:David Twa, County Administrator Date:December 4, 2018 Contra Costa County Subject:2018 Contra Costa County CSAC Institute Graduates 12-4-18 BOS Minutes 534 AGENDA ATTACHMENTS Resolution No. 2018/577 MINUTES ATTACHMENTS Signed Resolution No. 2018/577 12-4-18 BOS Minutes 535 In the matter of:Resolution No. 2018/577 recognizing forty-one (41) County employees who completed the 2018 Contra Costa County CSAC Institute WHEREAS, the members of the Board of Supervisors of Contra Costa County are pleased to extend congratulations to Abims Aguda, Stefanie Blanchette, Lia Bristol, Steve Burdo, Dan Cabral, Buck Carmichael, Lisa Driscoll, Shanna Edwards, Laura Garvey, Mark Goodwin, Ruben Hernandez, Ryan Hernandez, James Hicks, Glynis Hughes, Timothy Jensen, Bela Kisamov, Sophie Lehman, James Lyons, Sharron Mackey, Alvan Mangalindan, Vincent Manuel, Lavonna Martin, Linda Martinez, Alison McKee, Will Nelson, Daniel Peddycord, Tina Pruett, Dave Rasmussen, Phyllis Redmond, Barbara Riveira, Anna Roth, Janice Santos, Marc Shorr, Laura Strobel, Emlyn Struthers, Marilyn Underwood, Pramod Walse, Holland White, Mark Williams, Patrick Wilson, and Belinda Zhu for earning their CSAC California County Senior Executive Credentials; and WHEREAS, the California State Association of Counties (CSAC) Institute For Excellence in County Government was created to provide a continuing education resource for new and experienced California county officials and senior staff and to meet demands from county supervisors and senior executives who have few accessible opportunities for professional continuing education; and WHEREAS, County officials recognize they don’t have the luxury of time to learn on-the-job and can’t afford to be without the best leadership and knowledge capacities to be as effective as possible; and WHEREAS, there are few available learning opportunities where participants can interact with their peers, share experiences and learn from each other. WHEREAS, CSAC Institute courses are designed specifically to meet the continuing education needs of County Supervisors and Senior Executives and Staff; and WHEREAS, CSAC Institute courses are a cost-effective resource designed to help participants ask better questions to get the information needed to quickly understand issues and make better decisions, to give better answers to questions and more clearly interpret county government and policy issues to constituents, the community, employees, and to strengthen leadership practices and knowledge competencies throughout the county organization and help prepare emerging leaders; and WHEREAS, the Institute offers two credential opportunities to those who complete thirty (30) credits, the Credentialed California County Supervisor (for elected county supervisors) and Credentialed California County Senior Executive (for senior executives: CAO/CEO, deputy or assistant CAO/CEO, elected and appointed department heads, senior analysts and other senior managers); and WHEREAS , Contra Costa County, in partnership with the CSAC Institute, created the Contra Costa County CSAC Institute three (3) years ago in January 2016, and each cohort participated in a program consisting of ten (10) courses, running for ten (10) consecutive months from January through October; and NOW, THEREFORE, BE IT RESOLVED that forty-one (41) County employees completed the third year of the Contra Costa County CSAC Institute and earned their credentials. ___________________ KAREN MITCHOFF Chair, District IV Supervisor 12-4-18 BOS Minutes 536 ______________________________________ 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: December 4, 2018 David J. Twa, By: ____________________________________, Deputy 12-4-18 BOS Minutes 537 C22 12-4-18 BOS Minutes 538 APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/04/2018 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: 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: December 4, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stephanie Mello, Deputy cc: C. 23 To:Board of Supervisors From:Candace Andersen, District II Supervisor Date:December 4, 2018 Contra Costa County Subject:Resolution recognizing Kathleen Conroy Famulener for her service on the Moraga Orinda Fire Department Board of Directors 12-4-18 BOS Minutes 539 AGENDA ATTACHMENTS Resolution No. 2018/588 MINUTES ATTACHMENTS Signed Resolution No. 2018/588 12-4-18 BOS Minutes 540 In the matter of:Resolution No. 2018/588 recognizing Kathleen Conroy Famulener for her service on the Moraga Orinda Fire District Board of Directors. Kathleen Conroy Famulener has served in local law enforcement for the past 41 years, serving as a prosecutor for the Alameda County District Attorney’s Office; and Whereas, Kathleen was appointed as the first woman to serve on the Moraga Orinda Fire District Board of Directors in June of 2013 and was subsequently elected in 2014; and Whereas, Kathleen was elected as the first female President of the MOFD Board in 2017; and Whereas, Kathleen is a graduate of the California District Attorneys Association Arson and Bomb School and the California Special Districts Association Leadership Academy; and Whereas, Kathleen is a member of the California Fire Chiefs and Directors association, the Contra Costa Fire Directors Association and the Contra Costa Fire Directors and Commissioners Association, where she served as President in 2017-2018. Whereas, Kathleen has been an active Contra Costa volunteer for 35 years, serving as the Treasurer of Yes for Libraries, Vice President of the Contra Costa Rape Crisis Center Board of Directors, Vice-Chair of the De La Salle Board of Trustees, and Chair of the Alameda County Sexual Assault Task Force. that the Board of Supervisors of Contra Costa County does hereby honor and thank Kathleen Conroy Famulener for her dedicated and outstanding service to Contra Costa County. ___________________ KAREN MITCHOFF Chair, District IV Supervisor ______________________________________ JOHN GIOIA CANDACE ANDERSEN District I Supervisor District II Supervisor ______________________________________ DIANE BURGIS FEDERAL D. GLOVER District III Supervisor District V Supervisor I hereby certify that this is a true and correct copy of an 12-4-18 BOS Minutes 541 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 4, 2018 David J. Twa, By: ____________________________________, Deputy 12-4-18 BOS Minutes 542 C.23 12-4-18 BOS Minutes 543 APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/04/2018 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: 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: December 4, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stephanie Mello, Deputy cc: C. 24 To:Board of Supervisors From:Candace Andersen, District II Supervisor Date:December 4, 2018 Contra Costa County Subject:Resolution recognizing Bernard Bradley Barber for his service on the Moraga Orinda Fire Department Board of Directors 12-4-18 BOS Minutes 544 AGENDA ATTACHMENTS Resolution No. 2018/589 MINUTES ATTACHMENTS Signed Resolution No. 2018/589 12-4-18 BOS Minutes 545 In the matter of:Resolution No. 2018/589 recognizing Bernard Bradley "Brad" Barber for his service on the Moraga Orinda Fire Department Board of Directors. Bernard Bradley “Brad” Barber represents Moraga-Orinda Fire District’s Division 4, serving as Director and President; and Whereas, Brad currently serves as the Treasurer for Episcopal Diocese of California, Regent of Samuel Merritt University, a Member of the Advisory Board of the Division of Earth and Life Sciences of the National Academies of Sciences, Chair of the Friends of the Bancroft Library at UC Berkeley, Member of the Board of Directors of the UC Trust in London and a member of UC Berkeley Advisory Boards; and Whereas, Brad served three terms on the Vestry, St. Stephen’s Episcopal Church, he served as the Co-Chair of the citizen’s committee “Fix Orinda’s Roads,” he served as the Director of the California Alumni Association, Director of UCB International House Board and several other University of California and community organizations; and Whereas, Brad earned a B.A. degree in History from U.C. Berkeley and a J.D. degree from the U.C. Berkeley School of Law (Boalt Hall). He practiced law at the firm of Brobeck, Phleger & Harrison in San Francisco with an emphasis on corporate, tax and regulatory matters; and Whereas, Brad has been an active community volunteer in a variety of capacities since moving to Orinda in 1988. that the Board of Supervisors of Contra Costa County does hereby honor and thank Bernard Bradley Barber for his dedicated and outstanding service to Contra Costa County. ___________________ KAREN MITCHOFF Chair, District IV Supervisor ______________________________________ JOHN GIOIA CANDACE ANDERSEN District I Supervisor District II Supervisor ______________________________________ DIANE BURGIS FEDERAL D. GLOVER District III Supervisor District V Supervisor I hereby certify that this is a true and correct copy of an 12-4-18 BOS Minutes 546 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 4, 2018 David J. Twa, By: ____________________________________, Deputy 12-4-18 BOS Minutes 547 C.24 12-4-18 BOS Minutes 548 APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/04/2018 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: 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: December 4, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stephanie Mello, Deputy cc: C. 25 To:Board of Supervisors From:Candace Andersen, District II Supervisor Date:December 4, 2018 Contra Costa County Subject:Resolution recognizing Stephen Anderson for his service on the Moraga Orinda Fire Department Board of Directors 12-4-18 BOS Minutes 549 AGENDA ATTACHMENTS Resolution No. 2018/590 MINUTES ATTACHMENTS Signed Resolution No. 2018/590 12-4-18 BOS Minutes 550 In the matter of:Resolution No. 2018/590 recognizing Stephen Anderson for his service on the Moraga Orinda Fire Department Board of Directors. Stephen Anderson served in the military as a Captain, US Army Ranger, serving in Germany, Panama and Vietnam; and Whereas, Stephen worked as a System Engineer after the military, subsequently holding executive positions with national enterprise software companies; and Whereas, Stephen successfully managed the enterprise growth cycle of multiple businesses to include both mature and startups leading to fiscally successful exit strategies; and Whereas, Stephen has owned and or managed several IT companies, currently serving as a Managing Partner of the Paladin Management Group, a business consulting practice providing services to U.S. and international companies on business processes, sales, and marketing strategies; and Whereas, Stephen is an avid cross country skier including cross-Sierra ski treks, and participates in triathlons, he is a member of the Yosemite Conservancy assisting in the restoration of back country cabins within Yosemite National Park. that the Board of Supervisors of Contra Costa County does hereby honor and thank Stephen Anderson for his dedicated and outstanding service to Contra Costa County. ___________________ KAREN MITCHOFF Chair, District IV Supervisor ______________________________________ JOHN GIOIA CANDACE ANDERSEN District I Supervisor District II Supervisor ______________________________________ DIANE BURGIS FEDERAL D. GLOVER District III Supervisor District V Supervisor I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 4, 2018 David J. Twa, 12-4-18 BOS Minutes 551 By: ____________________________________, Deputy 12-4-18 BOS Minutes 552 C.25 12-4-18 BOS Minutes 553 APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/04/2018 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: 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: December 4, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stephanie Mello, Deputy cc: C. 26 To:Board of Supervisors From:Candace Andersen, District II Supervisor Date:December 4, 2018 Contra Costa County Subject:Resolution recognizing Dominique Yancey for being selected as the 2018 San Ramon Citizen of the Year 12-4-18 BOS Minutes 554 AGENDA ATTACHMENTS Resolution No. 2018/591 MINUTES ATTACHMENTS Signed Resolution No. 2018/591 12-4-18 BOS Minutes 555 In the matter of:Resolution No. 2018/591 recognizing Dominique Yancey for being selected as the 2018 San Ramon Citizen of the Year. Dominique Yancey has lived in San Ramon for over 26 years, volunteering her time to countless committees and organizations; and Whereas, Dominique currently serves as a Director with the San Ramon Valley Fire Protection District and has been a prosecutor for over 30 years with the Contra Costa County District Attorney’s Office; and Whereas, Dominique is a Board member and past President of Leadership San Ramon Valley, she is also a Board member and Past President of the One Hundred Club of Contra Costa County and was the Legal Coordinator for the 2018 East Bay Stand Down; and Whereas, Dominique is an active member of San Ramon Valley Rotary, Exchange Club of the San Ramon Valley, Contra Costa County Sheriff’s Posse and Dublin San Ramon Women’s Club; and Whereas, Dominique was a member of the Parent Advisory Council for the University of Alabama from 2013-2017 and has been Chairperson of the American Heart Association’s Heart of Gold Ball as well as the California Symphony Ball; and Whereas, From 2004 to 2017, Dominique was on the San Ramon Parks and Community Services Commission and was Chairperson in 2007 and 2012. that the Board of Supervisors of Contra Costa County does hereby honor and thank Dominique Yancey a s she is recognized as San Ramon Citizen of the Year for her dedication and loyalty to San Ramon and Contra Costa County. ___________________ KAREN MITCHOFF Chair, District IV Supervisor ______________________________________ JOHN GIOIA CANDACE ANDERSEN District I Supervisor District II Supervisor ______________________________________ DIANE BURGIS FEDERAL D. GLOVER District III Supervisor District V Supervisor I hereby certify that this is a true and correct copy of an 12-4-18 BOS Minutes 556 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 4, 2018 David J. Twa, By: ____________________________________, Deputy 12-4-18 BOS Minutes 557 C.26 12-4-18 BOS Minutes 558 APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/04/2018 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: 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: December 4, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stephanie Mello, Deputy cc: C. 27 To:Board of Supervisors From:Candace Andersen, District II Supervisor Date:December 4, 2018 Contra Costa County Subject:Resolution Recognizing Dave Trotter of the Moraga Town Council 12-4-18 BOS Minutes 559 AGENDA ATTACHMENTS Resolution No. 2018/605 MINUTES ATTACHMENTS Signed Resolution No. 2018/605 12-4-18 BOS Minutes 560 In the matter of:Resolution No. 2018/605 recognizing Dave Trotter of the Moraga Town Council. Dave Trotter has lived in Moraga since 1988, and has been an active community volunteer for the past 25 years, beginning in the 1990’s when he spent more than six years as a member of the Moraga Planning Commission; and Whereas, Dave Trotter was elected to the Town Council in November 2006 and was re-elected to the Council in November 2010 and November 2014, serving as Mayor in 2009, 2013 and 2018; and Whereas, Dave Trotter represented the Town of Moraga on the Contra Costa Transportation Authority and as a member and 2018 Chair of the Southwest Area Transportation Committee; he served on both the Lamorinda Fee and Finance Authority; and on the Lamorinda Program Management Committee, addressing local transportation and traffic management matters; and Whereas, Dave represented the Town of Moraga as a member of the Central Contra Costa Solid Waste Authority from December 2008 through 2017 and served as chairman of the Authority in 2016-2017, he was elected and served as the Chair of the Contra Costa County Mayors’ Conference in 2011 and in January of 2017 was selected to serve as its appointment to the East Bay Regional Park District’s Park Advisory Committee; and Whereas, Dave’s service to Moraga has been varied and expansive beyond the Town Council; he has served as director and president of the Moraga Historical Society from 1996 through 2002, and on the board of the Moraga Park Foundation from 2003-2005; he has coached numerous LMYA and CYO youth basketball and soccer teams; and Whereas, Dave Trotter’s longstanding leadership and his strong advocacy for Moraga, for preserving its history and protecting its environment, has brought him praise as an outstanding public servant; he and his wife Debby proudly raised their four children in Moraga and have selflessly and tirelessly given back to their beloved community. that the Board of Supervisors of Contra Costa County does hereby honor and thank Dave Trotter for more than 25 years of dedication and loyalty to Moraga and its residents. ___________________ KAREN MITCHOFF Chair, District IV Supervisor ______________________________________ JOHN GIOIA CANDACE ANDERSEN District I Supervisor District II Supervisor 12-4-18 BOS Minutes 561 ______________________________________ 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: December 4, 2018 David J. Twa, By: ____________________________________, Deputy 12-4-18 BOS Minutes 562 C.27 12-4-18 BOS Minutes 563 APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/04/2018 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: 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: December 4, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stephanie Mello, Deputy cc: C. 28 To:Board of Supervisors From:Candace Andersen, District II Supervisor Date:December 4, 2018 Contra Costa County Subject:Resolution recognizing Dean Orr of the Orinda City Council 12-4-18 BOS Minutes 564 AGENDA ATTACHMENTS Resolution No. 2018/606 MINUTES ATTACHMENTS Signed Resolution No. 2018/606 12-4-18 BOS Minutes 565 In the matter of:Resolution No. 2018/606 recognizing Dean Orr of the Orinda City Council. Dean Orr was first elected to the Orinda City Council in 2010, and again in 2014. While serving on the Orinda City Council Dean always made it a priority to foster input from residents about the issues facing Orinda; and Whereas, Dean worked diligently to ensure that the community be involved in the decision-making process of local government, creating opportunities for open and active dialogue resulting in balanced and transparent decisions by the Orinda City Council; and Whereas, Dean helped pass two funding measures to rebuild roads and storm drains, open new sports fields and outdoor recreation facilities, complete long-term infrastructure projects like the Manzanita Bridge replacement and most importantly, maintained a balanced city budget and emergency reserve fund; and Whereas, Dean led efforts to support downtown merchants while looking ahead to opportunities for new businesses and services benefitting the Orinda community while staying committed to working in a transparent and collaborative manner. Whereas, Dean and his wife Alissa are active community volunteers while raising their two children, and have clearly demonstrated their appreciation and support of all that Orinda has to offer. that the District 2 Supervisor of Contra Costa County does hereby honor and thank Dean Orr for his service and loyalty to Orinda 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 action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 4, 2018 12-4-18 BOS Minutes 566 David J. Twa, By: ____________________________________, Deputy 12-4-18 BOS Minutes 567 C.28 12-4-18 BOS Minutes 568 APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/04/2018 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: 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: December 4, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stephanie Mello, Deputy cc: C. 29 To:Board of Supervisors From:Candace Andersen, District II Supervisor Date:December 4, 2018 Contra Costa County Subject:Resolution recognizing Eve Phillips of the Orinda City Council. 12-4-18 BOS Minutes 569 AGENDA ATTACHMENTS Resolution No. 2018/607 MINUTES ATTACHMENTS Signed Resolution No. 2018/607 12-4-18 BOS Minutes 570 In the matter of:Resolution No. 2018/607 recognizing Eve Phillips of the Orinda City Council. Eve Phillips was elected to serve on the Orinda City Council in 2014, serving as vice-mayor in 2016, and as mayor in 2017; and Whereas, Eve worked hard to ensure that all Orinda voices were heard in City Council discussions, making sure that the concerns of all residents were acknowledged and addressed; and Whereas, Eve Phillips worked diligently in conjunction with staff to ensure that the Miner Road sinkhole was fixed in as short and efficient time as possible; and Whereas, When serving as Mayor in 2017, Eve focused on the economic development and long-range planning of Orinda, she was engaged with the community to hear their concerns on environmental stability and quality of life for current and future residents; and Whereas, Eve’s interests included transportation and parking issues, serving as the council’s liaison to BART; she is an avid supporter of sports facilities and open space, while remaining sensitive to the desire to preserve and protect buildings, keeping the interests of nearby resdients in mind; and Whereas, Eve’s parents are 50-year Lamorinda residents, Eve enjoys living in Orinda and being a wonderful mother to her beautiful daughter Cary. that the District 2 Supervisor of Contra Costa County does hereby honor and thank Eve Phillips for her dedication to Orinda 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 action taken and entered on the minutes of the Board of Supervisors on the date shown. 12-4-18 BOS Minutes 571 ATTESTED: December 4, 2018 David J. Twa, By: ____________________________________, Deputy 12-4-18 BOS Minutes 572 C.2 12-4-18 BOS Minutes 573 APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/04/2018 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: 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: December 4, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stephanie Mello, Deputy cc: C. 30 To:Board of Supervisors From:Candace Andersen, District II Supervisor Date:December 4, 2018 Contra Costa County Subject:Resolution recognizing Rich Carlston of the Walnut Creek City Council. 12-4-18 BOS Minutes 574 AGENDA ATTACHMENTS Resolution No. 2018/608 MINUTES ATTACHMENTS Signed Resolution No. 2018/608 12-4-18 BOS Minutes 575 In the matter of:Resolution No. 2018/608 Recognizing Rich Carlston of the Walnut Creek City Council. Rich Carlston has lived in Walnut Creek for 35 years, and community service has always been an important part of his life; and Whereas, Rich Carlston was appointed to the Walnut Creek City Council in November 2014 and served as Mayor in 2017; and Whereas, Rich Carlston represented the City of Walnut Creek in a variety of capacities including serving on the Recycle Smart Board of Directors; as a Commissioner on the Walnut Creek Park, Recreation & Open Space Commission; he served as a member of the Walnut Creek Chamber Board of Directors; a member and presenter for the Financial Abuse Specialist Tea for Contra Costa County, focusing on elder abuse; and a member on the Walnut Creek Library Bond Finance Committee; and Whereas, Rich’s service to Walnut Creek also extended to the Diablo Symphony Board of Directors, a volunteer at Walnut Creek Community Service Day, and while raising his sons David and Benjamin, Rich and his wife Sue focused on activities surrounding them, including soccer coach, baseball coach and a Scout Master for three years; and Whereas, Rich is an active member and volunteer within his church serving as an instructor, missionary, an organizer of numerous activities, an Elder’s Quorum President and a High Priest Group Leader. that the Board of Supervisors of Contra Costa County does hereby honor and thank Rich Carlston for his dedication and loyalty to Walnut Creek 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 12-4-18 BOS Minutes 576 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 4, 2018 David J. Twa, By: ____________________________________, Deputy 12-4-18 BOS Minutes 577 C.30 12-4-18 BOS Minutes 578 RECOMMENDATION(S): 1. INTRODUCE Ordinance No. 2018-30 amending the County Ordinance Code Chapter 26-6 to dissolve the Delinquency Prevention Commission, WAIVE READING and FIX December 18, 2018, for adoption 2. ADOPT Resolution No. 2018/597, superseding Resolution No. 96/500 establishing the Juvenile Justice Coordinating Council and any subsequent Board actions amending the Juvenile Justice Coordinating Council, to increase the size of the Juvenile Justice Coordinating Council to 19 members; 3. DIRECT the Clerk of the Board to post the vacancies of the newly formed seats; and 4. TERMINATE referral to the Public Protection Committee on the issue of producing a Multi-Agency Juvenile Justice Plan. FISCAL IMPACT: No fiscal impact. BACKGROUND: In February 2018, the Board of Supervisors referred to the Public Protection Committee (the Committee) a review of the production APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/04/2018 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: Paul Reyes, (925) 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: December 4, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C. 31 To:Board of Supervisors From:PUBLIC PROTECTION COMMITTEE Date:December 4, 2018 Contra Costa County Subject:Ordinance 2018-30 Dissolving the Delinquency Prevention Commission and Reso. 2018/597 Adding Seats and Duties to Juvenile Justice Coordinating Council 12-4-18 BOS Minutes 579 BACKGROUND: (CONT'D) of the County’s Multi-Agency Juvenile Justice Plan, which included a review of advisory bodies that provide juvenile justice oversight. The Committee identified two County advisory bodies, the Delinquency Prevention Commission (DPC) and the Juvenile Justice Coordinating Council (JJCC), that have been charged with similar duties. The Committee recommends that the JJCC assume the obligations and duties of the DPC and that the DPC be dissolved to avoid confusion, duplication of efforts, and to ensure that any delinquency prevention initiative is evaluated in tandem with other juvenile justice initiatives from a policy and funding perspective. The DPC is a multiagency advisory body charged with coordinating county-based juvenile delinquency prevention initiatives. Like the DPC, the JJCC is also a multiagency advisory body. The JJCC, however, is charged with creating and maintaining the comprehensive County Juvenile Justice Plan, which is composed of a number of critical parts, including coordinating county-based juvenile delinquency prevention initiatives. The Juvenile Justice Plan also includes recommendations on the allocations of funds from the Youthful Offender Block Grant and Juvenile Justice Crime Prevention Act. To ensure that the delinquency prevention initiatives are evaluated in tandem with other juvenile justice initiatives from a policy and funding perspective, the Committee recommends the dissolution of the DPC and that the JJCC assume the duties of coordinating juvenile delinquency prevention initiatives through the annual multi-agency juvenile justice planning process. The JJCC currently is composed of thirteen (13) members in the categories required by California Welfare and Institutions Code, section 749.22, which includes: the chief probation officer, as chair; and one representative each from the District Attorney's Office, the Public Defender's Office, the Sheriff's Office, the Board of Supervisors, the Children and Family Services Department, the Behavioral Health Department, the County’s Alcohol and Other Drugs program, a city police department, and the Contra Costa Office of Education; one at-large community representative; and two representatives from nonprofit community-based organizations. To best carry out its duties, the Committee recommends that the JJCC’s membership be increased to nineteen (19) members by adding one (1) representative from the County Public Health Department, three (3) additional at-large community representatives, and two (2) at-large youth representatives. CONSEQUENCE OF NEGATIVE ACTION: The County will continue to have two advisory bodies that are charged with overlapping duties, one of which is appointed by the Contra Costa County Superior Court. AGENDA ATTACHMENTS Resolution No. 2018/597 Ordinance No. 2018-30 MINUTES ATTACHMENTS Signed Resolution No 2018/597 12-4-18 BOS Minutes 580 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and for Special Districts, Agencies and Authorities Governed by the Board Adopted this Resolution on 12/04/2018 by the following vote: AYE:5 John Gioia Candace Andersen Diane Burgis Karen Mitchoff Federal D. Glover NO: ABSENT: ABSTAIN: RECUSE: Resolution No. 2018/597 IN THE MATTER OF AUGMENTING THE MEMBERSHIP AND DUTIES OF THE JUVENILE JUSTICE COORDINATING COUNCIL WHEREAS, pursuant to Section 749.22 of the California Welfare and Institutions Code, Contra Costa County’s Juvenile Justice Coordinating Council was created to develop and implement a continuum of county-based responses to juvenile crime; WHEREAS, the Juvenile Justice Coordinating Council is composed of thirteen members in the categories required by Welfare and Institutions Code section 749.22; WHEREAS, the Delinquency Prevention Commission was created to coordinate countywide activities related to juvenile delinquency prevention; WHEREAS, the Board of Supervisors intends to abolish the Delinquency Prevention Commission and to delegate the responsibilities of the Delinquency Prevention Commission to the Juvenile Justice Coordinating Council; WHEREAS, the Board of Supervisors desires to designate the Juvenile Justice Coordinating Council to coordinate on a county-wide basis the work of those community agencies engaged in activities designed to prevent juvenile delinquency; and WHEREAS, the Board of Supervisors desires to increase the number of members of the Juvenile Justice Coordinating Council by six additional members to include three additional At- Large Community members, one Public Health Department representative, and two At-Large youth members. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS, in its capacity as governing Board of the County of Contra Costa, that: 1. Establishment of the Juvenile Justice Coordinating Council. Pursuant to Section 749.22 of the California Welfare and Institutions Code and Resolution No. 96/500, the Juvenile Justice Coordinating Council (“Council”) was established. This Resolution (No. 2018/597) supersedes Resolution No. 96/500 establishing the Council and any subsequent Board actions amending the Council. 2. Territorial Area. The area the Council will serve is the County of Contra Costa. 3. Membership. The Council will consist of nineteen (19) members: a. Nine (9) ex-officio voting members: (i) Chief Probation Officer, as Chair; (ii) District Attorney’s Office representative; (iii) Public Defender’s Office representative; (iv) Sheriff’s Office representative; (v) Board of Supervisors’ representative; (vi) Employment and Human Services Department representative; (vii) Behavioral Health Services representative; (viii) Alcohol and Other Drugs Division representative; and (ix) Public Health representative. b. Ten (10) additional voting members are to be selected and appointed by the Board of Supervisors, as follows: (i) City Police Department representative; (ii) one County Office of Education or a School District representative; (iii) four At-Large members, residing or working within County of Contra Costa; (iv) two Community-Based Organization representatives; and (v) two At-Large youth, fourteen to twenty-one years old and residing or working within County of Contra Costa. c. The community based representatives should reflect the geographic, ethnic, and racial diversity of the County and should include youth or those providing restorative justice, faith-based, or mentoring services, to justice, homeless, or foster involved youth. 4. Term of Office. 12-4-18 BOS Minutes 581 The term of office for the non-ex-officio members appointed by the Board of Supervisors will be two years. If a vacancy occurs, a replacement will be selected and appointed by the Board of Supervisors upon the nomination of the entity that nominated the prior holder of the seat. The newly-appointed member will serve the remainder of the term of the prior holder of the seat. Upon the expiration of a member’s term, the member is eligible to be reappointed by the Board of Supervisors. 5. Removal from Office. Each non-ex-officio appointed member of the Committee serves at the pleasure of the Board of Supervisors and may be removed, at will, by a majority vote of the Board of Supervisors. 6. Council Purpose and Duties. The Council will advise the Board of Supervisors on the development and implementation of a multi-agency juvenile justice plan composed of several critical parts, including, but not limited to: a. An assessment of existing law enforcement, probation, education, mental health, health, social services, drug and alcohol and youth services resources which specifically target at-risk juveniles, juvenile offenders, and their families. b. An identification and prioritization of the neighborhoods, schools, and other areas in the community that face a significant public safety risk from juvenile crime, such as gang activity, daylight burglary, late-night robbery, vandalism, truancy, controlled substance sales, firearm-related violence, and juvenile alcohol use within the council’s jurisdiction. c. A local action plan (LAP) for improving and marshaling the resources set forth in subdivision (a) to reduce the incidence of juvenile crime and delinquency in the areas targeted pursuant to subdivision (b) above and the greater community. d. Develop information and intelligence-sharing systems to ensure that county actions are fully coordinated, and to provide data for measuring the success of the grantee in achieving its goals. e. Identify outcome measures. The Council will also coordinate on a countywide basis the work of those governmental and non-governmental organizations engaged in activities designed to prevent juvenile delinquency. 7. Quorum and Vote Necessary for Action. A quorum is a majority of the total number of authorized positions on the Council, not a majority of the total number of filled positions. The Council may only take action by a majority vote of the quorum. (With 19 authorized positions, a quorum is 10 members; 6 affirmative votes are necessary for action.) 8. Compensation. The non-ex-officio Council members shall serve without compensation of any kind, and the Board of Supervisors shall not provide funds for the payment of Council meeting stipends or reimbursement of Council members’ expenses. 9. Administrative Support. Administrative support will be provided to the Council by the County’s Probation Department. 10. Council Funds. Any funds transferred to or received by the County for the Council may only be used for the benefit of the Council. 11. Council Operation and Procedural Rules . Within the parameters of this Resolution, the Council may organize itself and operate as it determines but shall hold regular meetings, at intervals to be established by the Council, at an established time and place. The Council may develop bylaws for the operation of the Council, but such bylaws must be approved by the Board of Supervisors to be effective. The Council meetings are to be conducted in accordance with the provisions of the Brown Act (Government Code sections 54950 et seq.), including the pre-meeting posting of meeting calendar notices, and the County Better Government Ordinance (County Ordinance Code, Division 25). In addition, the Council must fully comply with the Board of Supervisors’ policy concerning conflict of interest and open meetings (Resolution No. 2002/376), and the Board’s policy governing appointments to boards, committees, and commissions (Resolution No. 2011/497), as applicable. Contact: Paul Reyes, (925) 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: December 4, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: 12-4-18 BOS Minutes 582 12-4-18 BOS Minutes 583 12-4-18 BOS Minutes 584 ORDINANCE NO. 2018-30 AN ORDINANCE AMENDING CHAPTER 26-6 OF THE COUNTY ORDINANCE CODE TO REPEAL THE DELINQUENCY PREVENTION COMMISSION The Contra Costa County Board of Supervisors ordains as follows: SECTION I. Summary. This Ordinance amends Chapter 26-6 of the County Ordinance Code to fully dissolve the Delinquency Prevention Commission, and to revise and bring current an outdated citation to the California Welfare and Institutions Code under which the Probation Department is designated as the department to coordinate county-based juvenile delinquency prevention initiatives. SECTION II. Findings and Purpose. A. Ordinance No. 1959 established the Delinquency Prevention Commission of Contra Costa County, codified in Section 26-6.004 (prior code § 2231) and Section 26-6.006 (prior code § 2232) of Chapter 26-6 of the County Ordinance Code. B. This Ordinance dissolves the Delinquency Prevention Commission by repealing both Section 26-6.004 and Section 26-6.006 of the County Ordinance Code, and by changing the title of Chapter 26-6 from “DELINQUENCY PREVENTION COMMISSION” to “DELINQUENCY PREVENTION.” C. This Ordinance also corrects an outdated statutory citation in Section 26-6.002. SECTION III. Section 26-6.002 of the County Ordinance Code is amended to read: 26-6.002 - Probation department assistance. Pursuant to Section 232 of the Welfare and Institutions Code, the Probation Department under the Probation Officer is hereby designated as the department to cooperate with and assist in coordinating on a county- wide basis the work of those community agencies engaged in activities designed to prevent juvenile and adult delinquency. (Ord. 2018-30 § 3; Ord. 1959; Ord. 1666; prior code § 2230). SECTION IV. Section 26-6.004 of the County Ordinance Code is repealed in its entirety. 12-4-18 BOS Minutes 585 SECTION V. Section 26-6.006 of the County Ordinance Code is repealed in its entirety. SECTION VI. The title of Chapter 26-6 is amended to read: DELINQUENCY PREVENTION SECTION VII. Effective Date. This Ordinance becomes effective 30 days after passage, and within 15 days after passage shall be published once with the names of supervisors voting for or against it in the East Bay Times, a newspaper published in the County of Contra Costa. PASSED ON ___________________________________ by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: DAVID J. TWA, ____________________________ Clerk of the Board of Supervisors Board Chair and County Administrator By: ________________________ [SEAL] Deputy 12-4-18 BOS Minutes 586 RECOMMENDATION(S): APPOINT the following individual to the Youth Representative seat of the Alamo Municipal Advisory Council for a term with an expiration date of December 31, 2020, as recommended by Supervisor Candace Andersen: Katherine Gillen Alamo, CA 94507 FISCAL IMPACT: NONE BACKGROUND: The Alamo MAC may advise the Board of Supervisors on services that are or may be provided to the Alamo community by Contra Costa County or other local government agencies. Such services include, but are not limited to, parks and recreation, lighting and landscaping, public health, safety, welfare, public works, code enforcement, land use and planning, transportation and other infrastructure. The Council may also provide input and reports to the District Supervisor, Board of Supervisors, County staff or any County hearing body on issues of concern to the community. The Council may represent the Alamo community before the Board of Supervisors, County Planning Commission and the Zoning Administrator. The Council may also represent the Alamo community before the Local Agency Formation Commission on proposed boundary changes effecting the community. The Council may advocate on parks and recreation issues to APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/04/2018 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: Jill Ray 925-957-8860 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 4, 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. 32 To:Board of Supervisors From:Candace Andersen, District II Supervisor Date:December 4, 2018 Contra Costa County Subject:APPOINTMENT TO THE ALAMO MUNICIPAL ADVISORY COUNCIL 12-4-18 BOS Minutes 587 the Town of Danville and the San Ramon Valley Unified School District. 12-4-18 BOS Minutes 588 BACKGROUND: (CONT'D) Supervisor Andersen recruited through public announcements for interested parties to apply to the Alamo MAC Youth Representative Seat. Supervisor Andersen is pleased to recommend Ms. Gillen as the newest Alamo MAC member. CONSEQUENCE OF NEGATIVE ACTION: The seat will remain vacant. CHILDREN'S IMPACT STATEMENT: NONE 12-4-18 BOS Minutes 589 RECOMMENDATION(S): APPOINT the following individual to the District II Seat of the Emergency Medical Care Committee for a two year term with an expiration date of September 30, 2020, as recommended by Supervisor Candace Andersen: Mark Forrette Walnut Creek, CA 94595 FISCAL IMPACT: NONE BACKGROUND: The duties of the Emergency Medical Care Committee (EMCC) are specified in the California Health and Safety Code Section 1797.274 and 1797.276. Their duties are to review the operations of each of the following at least annually: 1. Ambulance services operating within the county. 2. Emergency medical care offered within the county, including programs for training large numbers of people in cardiopulmonary resuscitation and lifesaving first aid techniques. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/04/2018 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: Jill Ray 925-957-8860 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 4, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: District 2 Supervisor, Maddy Book, EMCC, Appointee C. 33 To:Board of Supervisors From:Candace Andersen, District II Supervisor Date:December 4, 2018 Contra Costa County Subject:APPOINTMENT TO THE EMERGENCY MEDICAL CARE COMMITTEE 12-4-18 BOS Minutes 590 BACKGROUND: (CONT'D) 3. First aid practices in the County. Additionally, the EMCC shall, at least annually, report to the Authority, and the local EMS Agency its observations and recommendations relative to its review of the ambulance services emergency medical care, and first aid practices, and programs for training people in cardiopulmonary resuscitation and lifesaving first aid techniques, and public participation in such programs in the county. The EMCC shall submit its observations and recommendations to the County Board of Supervisors which it serves and shall act in an advisory capacity to the County Board of Supervisors, and to the County EMS Agency, on all matters relating to emergency medical services as directed by the Board. The Contra Costa County Board of Supervisors first established the EMCC in 1968 (Resolution 68/404) and reconfirmed the EMCC in 1980 (Resolution 80/1019). The Board abolished the EMCC (Resolution 94/343), recognizing that the Health Services Director may wish to reconstitute such a committee. The Board reinstated the EMCC as a Board advisory committee at its February 24, 1998 meeting, per SD2. The membership of the EMCC was prescribed per C.30, June 9, 1998. Bylaws adopted April 24, 2001, per C.190. The EMCC consists of five consumer representatives, one from each of the five supervisorial districts, and representatives of the following groups and organizations: •American Heart Association •American Red Cross •California Highway Patrol •Contra Costa Ambulance Provider •Air Medical Transportation Provider •Emergency Department Physicians •Emergency Nurses Association •Contra Costa Fire Chiefs' Association •Field Paramedic (1 private/1public) •County Health Services •Hospital Council - Bay Area Division •Contra Costa EMS Training Institution •County Office of Emergency Services •Contra Costa Police Chiefs' Association •Contra Costa Public Managers' Association •Sheriff-Coroner Communication Division •Alameda-Contra Costa Medical Association •Base Hospital •Trauma Center •Community Awareness and Emergency Response (CAER) •Communications Center Managers Association •EMS Director Supervisor Andersen advertised the vacancy, received applications, met with all applicants and determined that Mr. Forrette would make a positive addition to the Committee. CONSEQUENCE OF NEGATIVE ACTION: The seat will remain vacant. CHILDREN'S IMPACT STATEMENT:12-4-18 BOS Minutes 591 CHILDREN'S IMPACT STATEMENT: NONE 12-4-18 BOS Minutes 592 RECOMMENDATION(S): APPOINT the following individuals to seats on the Emergency Medical Care Committee (EMCC) for a two-year term with an expiration date of September 30, 2020: C5 Public Provider Field Paramedic Representative: Jack Clapp, Hercules, CA 94547 C6 Emergency Department Physicians Representative: David Lilienstein, Walnut Creek, CA 94596 FISCAL IMPACT: No fiscal impact. BACKGROUND: The EMCC is a multidisciplinary committee appointed by the Board of Supervisors, to provide advice and recommendations on Emergency Medical Services (EMS) related matters to the Board, Health Services Director, and its EMS Agency. Membership consists of consumer representatives, and representatives of EMS related organizations and groups. CONSEQUENCE OF NEGATIVE ACTION: If this Board Order is not approved, none of the requested positions on the EMCC will be filled. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/04/2018 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Patricia Frost, 925-646-4690 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 4, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: Marcy Wilhelm, Rachel Morris C. 34 To:Board of Supervisors From:Anna Roth, Health Services Director Date:December 4, 2018 Contra Costa County Subject:Appointments to the Emergency Medical Care Committee 12-4-18 BOS Minutes 593 ATTACHMENTS 12-4-18 BOS Minutes 594 RECOMMENDATION(S): 1. APPOINT the individuals identified in Exhibit A to serve on the 2019 Community Corrections Partnership (CCP), pursuant to Penal Code § 1230(b)(2); and 2. APPOINT the individuals identified in Exhibit B to serve on the 2019 Community Corrections Partnership Executive Committee, pursuant to Penal Code § 1230.1(b). FISCAL IMPACT: No fiscal impact. BACKGROUND: In 2011, the California Legislature passed Assembly Bill 109 (Chapter 15, Statutes of 2011) which transferred responsibility for supervising certain lower-level inmates and parolees from the California Department of Corrections and Rehabilitation to counties. Assembly Bill 109 (AB 109) realigned three major areas of the criminal justice system. On a prospective basis, the legislation: (1) transferred the location of incarceration for lower-level offenders (specified nonviolent, non-serious, non-sex offenders) from state prison to local county jail and provides for APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/04/2018 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: Paul Reyes, 925 335-1096 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: December 4, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: C. 35 To:Board of Supervisors From:PUBLIC PROTECTION COMMITTEE Date:December 4, 2018 Contra Costa County Subject:APPOINTMENT OF THE CY2019 COMMUNITY CORRECTIONS PARTNERSHIP (CCP) AND CCP-EXECUTIVE COMMITTEE 12-4-18 BOS Minutes 595 BACKGROUND: (CONT'D) an expanded role for post-release supervision for these offenders; (2) transferred responsibility for post-release supervision of lower-level offenders (those released from prison after having served a sentence for a non-violent, non-serious, and non-sex offense) from the state to the county level by creating a new category of supervision called Post-Release Community Supervision (PRCS); and (3) transferred the custody responsibility for parole and PRCS revocations to local jail, administered by county sheriffs. AB109 also created an Executive Committee of the local Community Corrections Partnership (CCP) and tasked it with recommending a Realignment Plan (Plan) to the county Board of Supervisors for implementation of the criminal justice realignment. The membership of the Community Corrections Partnership is identified in statute as the following: 1. Chief Probation Officer (Chair) 2. Presiding Judge (or designee) 3. County supervisor, CAO, or a designee of the BOS 4. District Attorney 5. Public Defender 6. Sheriff 7. Chief of Police 8. Head of the County department of social services 9. Head of the County department of mental health 10. Head of the County department of employment 11. Head of the County alcohol and substance abuse programs 12. Head of the County Office of Education 13. CBO representative with experience in rehabilitative services for criminal offenders 14. Victims’ representative Later in 2011, the Governor signed Assembly Bill 117 (Chapter 39, Statutes of 2011), which served as “clean up” legislation to AB 109. Assembly Bill 117 (AB 117) changed, among other things, the composition of the local CCP-Executive Committee. The CCP-Executive Committee is currently identified in statute as the following: 1. Chief Probation Officer (Chair) 2. Presiding Judge (or designee) 3. District Attorney 4. Public Defender 5. Sheriff 6. A Chief of Police 7. The head of either the County department of social services, mental health, or alcohol and drug services (as designated by the board of supervisors) Although AB 109 and AB 117 collectively place the majority of initial planning activities for Realignment on the local CCP, it is important to note that neither piece of legislation cedes powers vested in a county Board of Supervisors’ oversight of and purview over how AB 109 funding is spent. Once the Plan is adopted, the Board of Supervisors can choose to implement that Plan in any manner it may wish. Today’s recommended actions were approved by the Public Protection Committee (PPC) at the November 5, 2018 meeting. The Committee recommends an appointment term of one-year for all non 12-4-18 BOS Minutes 596 ex-officio seats and will continue to make appointment/reappointment recommendations to the Board of Supervisors annually. The PPC continues to acknowledge that, under California law, the Police Chief seat is appointed by the Board of Supervisors and recommends that the appointee be rotated between the cities with the highest number of AB 109 population (which currently are Richmond, Pittsburg, Antioch and Concord). The PPC is recommending the appointment of Police Chief Tammany Brooks from the City of Antioch to serve on the CCP and CCP-Executive Committees for calendar year 2019. In addition, the PPC has directed staff to conduct a recruitment for the victim's representative seat. For this reason, the PPC is not recommending an appointment to the victim's representative seat at this time. ATTACHMENTS Exhibit A - 2019 Community Corrections Partnership & Exhibit B - 2019 Community Corrections Partnership Executive Committee 12-4-18 BOS Minutes 597 EXHIBIT A - 2019 COMMUNITY CORRECTIONS PARTNERSHIP Seat Appointee Term Expiration Chief Probation Officer (Chair)Todd Billeci ex-officio Presiding Judge (or designee)Jim Paulsen (designee of Presiding Judge)ex-officio County supervisor, CAO, or a designee of the BOS David J. Twa, County Administrator December 31, 2019 District Attorney Diana Becton ex-officio Public Defender Robin Lipetzky ex-officio Sheriff David O. Livingston ex-officio Chief of Police Tamany Brooks, City of Antioch December 31, 2019 Head of the County department of social services Kathy Gallagher, Employment and Human Services Director ex-officio Head of the County department of mental health Matthew White, Acting Director of Behavioral Health Services ex-officio Head of the County department of employment Donna Van Wert, Executive Director-Workforce Development Board ex-officio Head of the County alcohol and substance abuse programs Fatima Matal Sol, Director of Alcohol and Other Drugs ex-officio Head of the County Office of Education Lynn Mackey, County Superintendent of Schools ex-officio CBO representative with experience in rehabilitative services for criminal offenders Patrice Guillory December 31, 2019 Victim's Representative Vacant December 31, 2019 12-4-18 BOS Minutes 598 EXHIBIT B - 2019 COMMUNITY CORRECTIONS PARTNERSHIP EXECUTIVE COMMITTEE Seat Appointee Term Expiration Chief Probation Officer (Chair)Todd Billeci ex-officio Presiding Judge (or designee)Jim Paulsen (designee of Presiding Judge)ex-officio District Attorney Diana Becton ex-officio Public Defender Robin Lipetzky ex-officio Sheriff David O. Livingston ex-officio Chief of Police Tamany Brooks, City of Antioch December 31, 2019 Representative approved by BOS from the following CCP members:Kathy Gallagher, Employment and Human Services Director December 31, 2019 *Head of County department of Social Services *Head of County department of mental health *Head of County department of alcohol and substance abuse programs 12-4-18 BOS Minutes 599 RECOMMENDATION(S): APPROVE Appropriation and Revenue Adjustment No. 5030 authorizing new revenue in the amount of $353,000 for the Sheriff's Forensic Services Unit to purchase a Liquid Chromatography with tandem Mass Spectrometry (LC-MS/MS) and Nitrogen Generator 2 Gas Chromatograph Mass Spectrometry (GC/MS) Instruments. FISCAL IMPACT: This action increases revenue and appropriations by $353,000. No change in Net County Cost. BACKGROUND: The Contra Costa County Office of the Sheriff-Forensic Services Division (FSD) will use monies from the Office of Traffic Safety Grant FY2018 to purchase two gas chromatography mass spectrometry (GCMS) instruments, a liquid chromatography-tandem mass spectrometry (LC-MS/MS) instrument and nitrogen generator. The FSD is an accredited crime laboratory providing forensic services to more than 20 law enforcement agencies in the County. The LC-MS/MS instrument will enable the laboratory to provide more meaningful information on driving under the influence of drugs (DUID) and drug facilitated sexual assault APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/04/2018 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Liz Arbuckle, 335-1529 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 4, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: Liz Arbuckle, Heike Anderson, Paul Reyes C. 36 To:Board of Supervisors From:David O. Livingston, Sheriff-Coroner Date:December 4, 2018 Contra Costa County Subject:Appropriation Adjustment - Office of the Sheriff LC-MS/MS & GC/MS Instruments 12-4-18 BOS Minutes 600 BACKGROUND: (CONT'D) (DFSA) cases without the need for outside testing. Currently, the toxicology unit does not have up to date sensitive equipment to keep pace with current and future legislation and drug trends. On January 1, 2014, changes to driving under the influence laws (Sections 23152 and 23153 of the Vehicle Code) went into effect. With the prevalence of drivers driving under the influence on California roads and highways rising, these changes were implemented in efforts for law enforcement to identify and ultimately increase the prosecution of drug impaired driving cases. The section (e) that became operative on January 1, 2014 makes it unlawful for a person who is under the influence of any drug to drive a motor vehicle; this not only includes illegal narcotics and stimulants, but also even legal prescriptions, herbs, and over-the-counter drugs. In November 2016, California passed Proposition 64 (Adult Use of Marijuana Act) that allows adults age 21 and over to possess, transport, purchase, consume and share up to one ounce of marijuana and eight grams of marijuana concentrates. It is anticipated there will be an influx of marijuana analysis requests for “DUID” cases. Recently there has been increased forensic and public safety interest in newer or “emerging drugs” inclusive of “bath salts”, synthetic cannabinoids and fentanyl analogs. A LC-MS/MS would enable the crime laboratory to increase the variety of drugs that can be tested. This information will provide a comprehensive report to police agencies and the District Attorney’s Office for prosecution purposes. The project objectives include: (1) Purchase and installation of two new GCMS instruments hardware and software which will be supported by the manufacturer (2) Upon approval from NHTSA, purchase and installation of new LC-MS/MS instrument hardware and software which will be supported by the manufacturer (3) Installation of a Nitrogen generator to be used with the LC-MS/MS instrument. The anticipated outcomes of new GCMS and LC MS/MS instrumentation include: (1) Replacing current instrumentation that is no longer supported by the manufacturer (2) Continue to provide toxicology results to agencies for use in the criminal justice system (3) Providing more meaningful information on driving under the influence of drugs (DUID) and drug facilitated sexual assault (DFSA) cases to law enforcement (4) Increasing the variety of drugs tested at the crime laboratory. CONSEQUENCE OF NEGATIVE ACTION: The crime laboratory currently provides limited toxicology analysis which does not meet the needs of client agencies. The current instrumentation is not adequate for current legislation related to driving under the influence of drugs or potential per se drug laws in the future. The unit is limited in the scope of drugs that can be tested due to inadequate instrumentation. To meet the needs of law enforcement agencies, many requests for analysis must be sent to an accredited outside laboratory. Any analysis performed by an outside laboratory creates an increased burden and cost to Contra Costa County law enforcement agencies and the District Attorney’s Office if the case is prosecuted. AGENDA ATTACHMENTS TC24/27 5030 MINUTES ATTACHMENTS Signed: Appropriation & Adjustments No. 5030 12-4-18 BOS Minutes 601 12-4-18BOS Minutes602 12-4-18BOS Minutes603 12-4-18 BOS Minutes 604 12-4-18 BOS Minutes 605 RECOMMENDATION(S): APPROVE Appropriation Adjustment No. 5032 transferring $2,000,000 in appropriations to the Airport (0843), Animal Services (0366), Department of Information Technology (0147), District Attorney (0242), Employment and Human Services (0501, 0588), Health Services (0853), Library (0620), Probation (0308), Public Defender (0243), Conservation and Development (0280), and Public Works (0650) for fiscal year 2018-19 Venture Capital Projects. FISCAL IMPACT: Project funds are budgeted in the General Fund Contingency for FY 2018-19 (100% General Fund). BACKGROUND: The Board of Supervisors adopted a Budget Policy in 2006, which included a resource intended to improve departmental operations. Per this policy, in FY 2018-19 funding was made available for technology projects to be used to increase efficiencies and economies in departments that did not have resources available within their normal operating budgets for such expense. Requests for these funds were submitted with the Departments' baseline budgets. Departments included requests of $3,354,000 and the County Administrator was able to approve $2,000,000. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/04/2018 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Lisa Driscoll, (925) 335-1023 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 4, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: C. 37 To:Board of Supervisors From:David Twa, County Administrator Date:December 4, 2018 Contra Costa County Subject:Appropriation Transfer for Approved FY 18-19 Venture Capital Projects 12-4-18 BOS Minutes 606 BACKGROUND: (CONT'D) > FY 2018-19 Venture Capital Requests Department Amount Project Title Airport $93,000 Laserfische scanning project Animal Services $21,000 Tiburon CAD balance District Attorney $100,000 Replace all Desktop Computers District Attorney $19,000 New Server - Discovery Transfer DoIT $50,000 New Cameras 30 Douglas DoIT $150,000 New Cameras - Hilltop Radio Sites DoIT $167,000 Wifi Access Points - Continuation Project EHSD $90,000 PeopleSoft Integration EHSD $30,000 Remote Access - State Child Welfare System (CWS/CMS) EHSD $95,000 Upgrade Online Court Report system EHSD $75,000 Electronic Document Management System for Community Services Health Services $350,000 Install Guest WiFi in 7 Clinics Library $150,000 Bibliocommons Implementation Library $74,000 Latop Kiosks & Laptops Library $14,000 Digital Billboard Signage Probation $35,000 iPhones Probation $72,000 Replace Desktop Computers Probation $11,000 Surface Pros for Juvenile Vists Probation $24,000 Tranining Simulator Module Public Defender $170,000 Sharepoint Online - Replace Line of Business Applications Public Works/DCD $200,000 Accela & JBS System Upgrade - Contined Project Public Works $10,000 Construction Plan Plotter/Scanner TOTAL $2,000,000 CONSEQUENCE OF NEGATIVE ACTION: Departments will not receive the resources needed to fund the aforementioned projects. AGENDA ATTACHMENTS AP 5032 MINUTES ATTACHMENTS Signed: Appropriations & Adjustments No. 5032 12-4-18 BOS Minutes 607 12-4-18BOS Minutes608 12-4-18BOS Minutes609 12-4-18 BOS Minutes 610 12-4-18 BOS Minutes 611 RECOMMENDATION(S): APPROVE Appropriation and Revenue Adjustment No. 5036 authorizing the transfer of appropriations in the amount of $10,619 from the Behavioral Health Services Division – PEI First Hope (5727) to General Services - ISF Fleet Services (0064) toward the purchase of (7) vehicles for transportation of First Hope clients. FISCAL IMPACT: This action increases appropriations in General Services – Fleet Services (0064) and reduces appropriations in PEI First Hope (5727) by $10,619. This purchase is funded 100% by Mental Health Service Act funds. BACKGROUND: First Hope currently leases 3 vehicles to provide services in the field (school meetings, home visits, hospital meetings, etc.) and to transport clients and families who would otherwise be unable to access group therapy and other treatments to the First Hope clinic. We seek to purchase 3 vehicles as a cost effective alternative to continuing to lease. We also seek to purchase 4 additional vehicles to meet the needs of new clients with First Episode Psychosis who will be enrolling in First Hope as part of our planned and approved expansion of services. We anticipate the number of clients in First Hope to more than double as a result of our expansion. The original amount of $191,462 was approved and the additional amount of $10,619 is to cover the new year model cost of the vehicle. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/04/2018 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Matthew White, 925-957-5201 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 4, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: Marcy Wilhelm, Miu Tam C. 38 To:Board of Supervisors From:Anna Roth, Health Services Director Date:December 4, 2018 Contra Costa County Subject:Appropriation Adjustment for Vehicles for First Hope 12-4-18 BOS Minutes 612 CONSEQUENCE OF NEGATIVE ACTION: If this purchase is not approved, the Department will not be able to provide adequate field-based services or transportation support for clients with serious mental illnesses to attend treatment appointments. The County would also incur higher expenses in continuing to lease the 3 current vehicles rather purchasing vehicles outright. AGENDA ATTACHMENTS Vehicle Request Appropriation & Revenue Adjustment 5036_HSD Vehicles MINUTES ATTACHMENTS Signed: Appropriation & Adjustments No. 5036 12-4-18 BOS Minutes 613 'EHiCLE AND EQUiPME ·r REQUEST rORM {See lnstruction Sheet) U6f.lc;lrm,siTi:: _}=_l_�_::._l"ih_._B_e_r __ vi_·c_e;_s_-_B�sr-::h_s�v_-i_o_ra�l _H_s_a_lm_· __ • ___ _ .-7./?fl;,A--f..�/7 -- Date: 6/28/2048 Au!flori2sd Signarura: / 7 /--,-,:;------�►""'-_.;..--�---------Tslephone: _?_-?_54_6 _____ _ i. 2. Reason and justification for vehicle request To trenspori cnsnis end families "lo group tllerqJy and olhsr iraa!rnsnts at Rrsi: Hope clinic. To 5Upport "ihe expansion of First Hops asrfices such as ma First Episode Psychosis program. Funding Source (Budge'! irriorma1fon .AD 00 usacJ '!O pr,,.pare Board OrtlerJ: MHSA Funds ls an appropriation adjus·irnant nesdsd? Fiscal Officer. Nama: Faye Ny @ Yes ------------- □No Telephone: 925-957-5540 3 ..,__ · -· � hicl • . ·---1 · Ford Transit Connect Cargo . !.1•::1-31'....npuon or ve e or equ1pmarn: raciuest=i (rr appiii:-able, r:om�a an a=sorieil fcrm): _________ _ 4.is gn sltamative fuel Yehicle accep!abie?□Yes 5.ff raplacerneiii, ·wt,ici, '.iehicie or aqulpment is baing rap!aC6d: Vahicie/Equipment Numl:-er. _NJ_A ____ _ Typs: N/A Odometer/Hours: N/A-------- 6.Reason purchase cannot wait u;itii ne>-.1 budget cycle: The funds havs been budgeted in this fiscal year. 7.Cf\O Ref.sass to Pl/□No Dai:e: j/�/19 i 1.is vehicl-a/equipmerr, an edcmion to ihe '1leei?0 Yes □No 2.if vehic.sieql1ipmem is for rapiacement ain inspeciionie1JSiuation io be complsteci by Fleet Manager: 3. 4. !Jara !nspw.ed: __________ _ Vahicle/Equipment Make: ________ _ Model: ___ _ Year. _______ _ Concimon of 'lahicie and/or squipmeni: snd life a�$1ncy: _________________ _ Accumula1-ad Depreciation: _________ _ Estimated Salvage Value: _______ _ Esi:irnated Cost or RsqLJest _________ _ Any uncieruiilized vshicles in existing clapartment flset? 0 Yas F!eet lsn�1ger Signature: ________________ _ Dare: ______ _ C:\Us=\ww-..ra\AppDsta\Lccel\l'!Ii=ftl Winrlows\Tempo!".r/ ii-iternet Files\Content. Cutlook\L!-L:(.26ZQDI Vl'....HICLE AND EQUIPll.IBNT REQUEST FORM: -Final revisions MEr 2015.doc;;: 3-30--15 12-4-18 BOS Minutes 614 Vi=HICLE AND EQUIPMENT REQUEST FORM (See Instruction Sheet) Depar,rnant Health Se. Aces - Behavioral Health Date: 6/28/2018 Authorized Signature: ,..Z?Y'-/ �Telephone: _7_-7_54_6 _____ _ Printeci Name: Mat thew · Vhite 1. 2. Reason and justification for vehicle request: To transport clients and families to group therapy and other treatments at First Hope dinic. To support the expansion of First Hope services such as the First Episode Psychosis program. Funding Source (Budget Information will be used to prepare Board Order): MHSA Funds Is an appropriation adjustment needed? Fiscal Officer: Name: Faye Ny [ZJ Yes ------------- □No Telephone: 925-957-5540 . . . . . I. . . 3.Description of vehicle or equipment requested (If applicable, complete an accessories form): Forti Fus10n Hybrid-5 passenger 4. 5. Is an alternative fuel vehicle acceptable? D Yes Ill No !f no, reason clean air vehicle will not work: Toe se!ectad vehicles the meet the program needs are not offered as en al1Bmative fuel whlde. If replacement, which vehicle or equipment is being replaced: Vehicle/Equipment Number. _N_/_A ____ _ Type: N/A Odometer/Hours: N/A ------- 6.Reason purchase cannot wait until next budget cycle: The funds have been budgeted in this fiscal year. 7. 1. CAO Release to PWD Fleet Man-�ger: � □No CAOSignature: �� FOR PWD FLEET MANAGiE!� SE Is vehicle/equipment an addition to the fleet? D Yes Date: {;I 7df It: 2.if vehicle/equipment is for replacement, an inspectionievaluation to be completed by Fleet Manager: 3. 4. Date Inspected: _________ _ Vehicle/Equipment: Make: _______ _ Model: ___ _ Year: ______ _ Condition of vehicle and/or equipment and life expectancy: _________________ _ Accumulated Depreciation: _________ _ Estimated Salvage Value: _______ _ Estimated Cost of Request: _________ _ Any underutilized vehicles in existing department fleet? D Yes Fleet Manager Signature: _______________ _ Date: ______ _ C:\Users\m\Wlll\AppData\LocaI\Microsoft\ Windows\Tcmporary Internet Files\Content0utlook\4LKZ6ZQD\ VEHICLE AND EQUIPMENT REQUEST FORM -Final revisions Mar2015.docx 3-30-15 12-4-18 BOS Minutes 615 11/29/18 12-4-18 BOS Minutes 616 11/29/18 12-4-18 BOS Minutes 617 12-4-18 BOS Minutes 618 12-4-18 BOS Minutes 619 RECOMMENDATION(S): ADOPT Position Adjustment Resolution No. 22382 to reassign one Mental Health Clinical Specialist (VQSB) position #16922 at salary plan and grade level TC2-1384 ($4,980 - $7,394) from Department # 0540 (Hospital Enterprise - Health Care For Homeless Program) to Department #0450 (Public Health - Whole Person Care Program) in the Health Services Department. (Represented) FISCAL IMPACT: Upon approval, this action has an annual cost of approximately $154,521 with pension costs of $33,788 already included. This cost is funded by 100% Whole Person Care Grant. BACKGROUND: The Health Services Department is reassigning the Mental Health Clinical Specialist position from Health Care For Homeless Program to the Whole Person Care Program to deliver services to vulnerable Medi-Care recipients and improve healthcare outcomes via coordinated health, behavioral health, and social services in a patient centered manner. CONSEQUENCE OF NEGATIVE ACTION: If this action is not approved, the Whole Person Care Program will not have adequate level of staffing in the health centers which will negatively impact patient care services. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/04/2018 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Sabrina Pearson, (925) 957-5240 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 4, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C. 39 To:Board of Supervisors From:Anna Roth, Health Services Date:December 4, 2018 Contra Costa County Subject:Reassign one Mental Health Clinical Specialist postion #16922 and Incumbent in Health Services 12-4-18 BOS Minutes 620 AGENDA ATTACHMENTS P300 22382 Reassign MH Clinical Spec from 0540 to 0450 in HSD MINUTES ATTACHMENTS Signed P300 22382 12-4-18 BOS Minutes 621 POSITION ADJUSTMENT REQUEST NO. DATE 10/30/18 Department No./ Department Health Services Budget Unit No.0540 Org No.5754 Agency No. A18 Action Requested: Reassign one Mental Health Clinical Specialist position #16922 from Department #0540 (Health Care For Homeless to Department #0450 (Whole Person Care) in the Health Services Department. Proposed Effective Date:12/4/2018 Classification Questionnaire attached: Yes No / Cost is within Department ’s budget: Yes No Total One-Time Cost s (non-salary) associated with request: $0.00 Estimated total cost adjustment (salary / benefits / one time): Total annual cost $154,521 Net County Cost 0 Total this FY $90,137 N.C.C. this FY $0 SOURCE OF FUNDING TO OFFSET ADJUSTMENT: 100% Whole Person Care Grant Department must initiate necessary adjustment and submit to CAO. Use additional sheet for further explanations or comments. Sabrina Pearson ______________________________________ (for) Department Head REVIEWED BY CAO AND RELEASED TO HUMAN RESOURCES DEPARTMENT ___________________________________ ________________ Deputy County Administrator Date HUMAN RESOURCES DEPARTMENT RECOMMENDATIONS DATE Exempt from Human Resources review under delegated authority. Amend Resolution 71/17 establishing positions and resolutions allocating classes to the Basic / Exempt salary schedule. Effective: Day following Board Action. (Date) ___________________________________ ________________ (for) Director of Human Resources Date COUNTY ADMINISTRATOR RECOMMENDATION: DATE Approve Recommendation of Director of Human Resources Disapprove Recommendation of Director of Human Resources 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 12-4-18 BOS Minutes 622 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 12-4-18 BOS Minutes 623 12-4-18 BOS Minutes 624 RECOMMENDATION(S): ADOPT Position Adjustment Resolution No. 22384 to reassign Clerk-Senior Level (JWXC) position #9830 at salary plan and grade level 3RX-1033 ($3,406-4,350) from Department #0450 (Teen Pregnancy Prevention) to Department #0540 (School Based Clinics) in Health Services Department. (Represented) FISCAL IMPACT: Upon approval, this action has an annual cost of approximately $98,104 with pension costs of $19,878 already included. This is funded by 100% Federal Qualified Health Centers. BACKGROUND: The Health Services Department is reassigning one Clerk-Senior level position and incumbent from Teen Pregnancy Prevention to School Based Clinics due to increase enrollment and expansion of services to help those community programs. A few of the programs they will support are mobile clinics, permanent site at school and dental care. We are moving the position as it is currently under Budget Org #5792, which no longer has any funding attached it. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/04/2018 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Sabrina Pearson, (925) 957-5240 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 4, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C. 40 To:Board of Supervisors From:Anna Roth, Health Services Date:December 4, 2018 Contra Costa County Subject:Reassign one Clerk-Senior level postion #9830 and Incumbent in Health Services 12-4-18 BOS Minutes 625 CONSEQUENCE OF NEGATIVE ACTION: If this action is not approved, the School Based Programs will not have appropriate level of staffing to administer services to the community. AGENDA ATTACHMENTS P300 22384_Reassign Clerk Sr from 0450 to 0540 in HSD MINUTES ATTACHMENTS Signed P300 22384 12-4-18 BOS Minutes 626 POSITION ADJUSTMENT REQUEST NO. DATE 10/30/18 Department No./ Department Health Services Budget Unit No.0540 Org No.6418 Agency No. A18 Action Requested: Reassign one Clerk-Senior level position #9830 and Incumbent from Department #0450 (Teen Pregnancy to Department #0540 (School Based Clinics) in the Health Services Department. Proposed Effective Date: 12/4/2018 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 $98,100 Net County Cost 0 Total this FY $57,225 N.C.C. this FY $0 SOURCE OF FUNDING TO OFFSET ADJUSTMENT: 100% Federal Qualified Health Centers Department must initiate necessary adjustment and submit to CAO. Use additional sheet for further explanations or comments. Sabrina Pearson ______________________________________ (for) Department Head REVIEWED BY CAO AND RELEASED TO HUMAN RESOURCES DEPARTMENT ___________________________________ ________________ Deputy County Administrator Date HUMAN RESOURCES DEPARTMENT RECOMMENDATIONS DATE Exempt from Human Resources review under delegated authority. Amend Resolution 71/17 establishing positions and resolutions allocating classes to the Basic / Exempt salary schedule. Effective: Day following Board Action. (Date) ___________________________________ ________________ (for) Director of Human Resources Date COUNTY ADMINISTRATOR RECOMMENDATION: DATE Approve Recommendation of Director of Human Resources Disapprove Recommendation of Director of Human Resources 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 12-4-18 BOS Minutes 627 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 12-4-18 BOS Minutes 628 12-4-18 BOS Minutes 629 RECOMMENDATION(S): ADOPT Position Adjustment Resolution No. 22385 to reassign one Senior Health Education Specialist (VMWE) position #13766 at salary plan and grade level TC5-1543 ($5,658-$6,878) from Department #0450 (Public Health Clinics) to Department #0540 (Hospital) in the Health Services Department. (Represented) FISCAL IMPACT: Upon approval, this action has an annual cost of approximately $144,954 with a pension costs of $31,429 already included. This cost is funded by 100% Health Resources and Services Administrators. BACKGROUND: The Health Services Department is reassigning one Senior Health Education Specialist from Public Health Clinics to the Contra Costa Regional Medical Center (Hospital). Health Care for the Homeless and Medication Assisted Program is in need of a Senior Health Education position to take the lead role in several areas of Administration and Health Education. Specific tasks include planning, conducting, and evaluates the health education and health prevention aspects of departmental programs and recommends polices to protect and promote public health. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/04/2018 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Sabrina Pearson, (925) 957-5240 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 4, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C. 41 To:Board of Supervisors From:Anna Roth, Health Services Date:December 4, 2018 Contra Costa County Subject:Reassign one Senior Health Education Specialist position #13766 in the Health Services Department 12-4-18 BOS Minutes 630 CONSEQUENCE OF NEGATIVE ACTION: If this action is not approved, Health Care for the Homeless and Medication Assisted Program will not have the appropriate level of staffing with lead responsibilities and independence to implement educational and health activities. AGENDA ATTACHMENTS P300 22385_Reassign Sr. Health Educ Spec from 0450 to 0540 in HSD MINUTES ATTACHMENTS Signed P300 22385 12-4-18 BOS Minutes 631 POSITION ADJUSTMENT REQUEST NO. DATE 10/31/18 Department No./ Department Health Services Budget Unit No.0540 Org No.6377 Agency No. A18 Action Requested: Reassign one Senior Health Education Specialist position #13766 from Department #0450 (Public Health Clinics) to Department #0540 (Hospital) in the Health Services Department. Proposed Effective Date: 12/4/2018 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 $114,954 Net County Cost 0 Total this FY $67,056 N.C.C. this FY $0 SOURCE OF FUNDING TO OFFSET ADJUSTMENT: 100% Health Resources and Service Administrators Department mus t initiate necessary adjustment and submit to CAO. Us e additional sheet for further explanations or com ments. Sabrina Pearson ______________________________________ (for) Department Head REVIEWED BY CAO AND RELEASED TO HUMAN RESOURCES DEPARTMENT ___________________________________ ________________ Deputy County Administrator Date HUMAN RESOURCES DEPARTMENT RECOMMENDATIONS DATE Exempt from Human Resources review under delegated authority. Amend Resolution 71/17 establishing positions and resolutions allocating classes to the Basic / Exempt salary schedule. Effective: Day following Board Action. (Date) ___________________________________ ________________ (for) Director of Human Resources Date COUNTY ADMINISTRATOR RECOMMENDATION: DATE Approve Recommendation of Director of Human Resources Disapprove Recommendation of Director of Human Resources 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 12-4-18 BOS Minutes 632 REQUEST FOR PROJECT POSITIONS Department Date 10/26/2018 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 12-4-18 BOS Minutes 633 12-4-18 BOS Minutes 634 RECOMMENDATION(S): APPROVE and AUTHORIZE the County Librarian, or designee, to apply for and accept a grant in the amount of $5,000 from East Bay Community Foundation, administered by the Rodeo Municipal Advisory Council, for Rodeo Library services, pursuant to the local refinery Good Neighbor Agreement for the period January 1, 2019 through June 30, 2019. FISCAL IMPACT: No Library Fund match. BACKGROUND: The County currently funds 18 hours of library service at the Rodeo Library. If granted, the $5,000 received from Rodeo Municipal Advisory Council will be used by the Contra Costa County Library to fund five additional hours of library service from January 1, 2019 through June 30, 2019, which will provide one extra hour of service on Saturdays and evening hours on two weekdays for a total of five additional open hours per week. These extended hours offer Rodeo residents more opportunities to make use of the educational and recreational resources available in the library. The Rodeo Municipal Advisory Committee is a strong supporter of the Rodeo Library and consistently grants funds to the Library for extended open hours. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/04/2018 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: Walt Beveridge (925) 608-7730 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 4, 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:Melinda Cervantes, County Librarian Date:December 4, 2018 Contra Costa County Subject:East Bay Community Foundation Grant Funds Administered by the Rodeo Municipal Advisory Council 12-4-18 BOS Minutes 635 CONSEQUENCE OF NEGATIVE ACTION: If the grant proposal is not approved, the Rodeo Library will be open 18 hours per week instead of 23 hours per week. CHILDREN'S IMPACT STATEMENT: Extending hours at the Rodeo Library will meet all five community outcomes established in the Children’s Report Card. Research shows that early and positive experiences with books set the stage for a child’s success in learning to read. Additionally, literacy skills are a strong predictor of health and employment status. Extending hours at the Rodeo Library will draw more families to the library and encourage regular exposure to reading and books, thus improving the quality of life for children and families in Rodeo. 12-4-18 BOS Minutes 636 RECOMMENDATION(S): APPROVE and AUTHORIZE the Public Defender, or designee, to apply for and execute a grant agreement with the San Francisco Foundation, in the amount of $50,000 to support the Clean Slate Outreach program for period January 1, 2019 through December 31, 2019. FISCAL IMPACT: If approved, the Public Defender's Office will receive $50,000 from The San Francisco Foundation. No County match required. BACKGROUND: Clean Slate referrals have increased drastically since the passage of Proposition 47 in 2014, the passage of Prop 64 in 2016, and the recent passage of other legislation expanding post-conviction relief in California. As a result of our extensive community outreach, countywide Clean Slate events, and partnerships with community-based organizations, the demand for Clean Slate services at the Public Defender’s Office continues to be quite high. Our program’s success expanding our community outreach through clinics at varied community sites and in obtaining Clean Slate relief for our clients has helped facilitate their reentry. This grant will allow APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/04/2018 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: Joanne Sanchez-Rosa, 925-355-8065 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 4, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: C. 43 To:Board of Supervisors From:Robin Lipetzky, Public Defender Date:December 4, 2018 Contra Costa County Subject:Grant Application and Funding from The San Francisco Foundation for the Clean Slate Program 12-4-18 BOS Minutes 637 BACKGROUND: (CONT'D) the Clean Slate unit to hire two Clean Slate seasonal clerks who will assist the Public Defender Clean Slate team in deploying new legal remedies to provide critical post-conviction relief to those in need. CONSEQUENCE OF NEGATIVE ACTION: If not approved, the Public Defender's Office will not be able to accept the funds from the San Francisco Foundation. 12-4-18 BOS Minutes 638 RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County Grant Amendment Agreement #28-888-1 (State #16 10711, A1) with the California Department of Public Health, to increase the total amount payable to the County by $43,252 from $106,843 to a new amount not to exceed $150,095 for the Core Sexually Transmitted Disease (STD) Management Project, with no change in the original term of July 1, 2016 through June 30, 2019. FISCAL IMPACT: Approval of this Agreement will result in an additional amount payable to the County not to exceed $43,252 for a new total Payment Limit of $150,095 for the Core STD Management Project. No County match is required. BACKGROUND: The purpose of this project is to implement evidence-based public health activities to proactively address sexually transmitted diseases within Contra Costa County including prevention and control. On November 15, 2016, the Board of Supervisors approved Standard Agreement #28-888 for the County to participate APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/04/2018 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Daniel Peddycord, 925-313-6712 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 4, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: M Wilhelm C. 44 To:Board of Supervisors From:Anna Roth, Health Services Director Date:December 4, 2018 Contra Costa County Subject:Approval of Grant Amendment #28-888-1 with the California Department of Public Health 12-4-18 BOS Minutes 639 BACKGROUND: (CONT'D) in the Core STD Management Project, for the period from July 1, 2016 through June 30, 2019. This agreement included agreeing to indemnify and hold harmless the State from any claims arising out of the performance of this Agreement. Approval of Grant Amendment Agreement #28-888-1 will allow the County to receive additional one-time augmentation funds to enhance STD prevention services, through June 30, 2019. CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, the County will not receive funds to provide enhanced STD prevention services to residents of Contra Costa County. 12-4-18 BOS Minutes 640 RECOMMENDATION(S): ADOPT Resolution No. 2018/575 to approve and authorize the Employment and Human Services Director, or designee, to execute a contract with the California Department of Aging in an amount not to exceed $88,834 for Medicare Improvement for Patients and Providers Act services for the period October 1, 2018 through September 29, 2020. FISCAL IMPACT: The County is to receive an amount not to exceed $88,834 from the California Department of Aging, Agreement Number MI-1819-07. Funds will be 100% Federal, with no County match required. BACKGROUND: The California Department of Aging, Medicare Improvements for Patients and Providers Act (MIPPA) funding will cover the cost of providing outreach and enrollment assistance to individuals who may be eligible for part D Low Income Subsidy and Medicare Savings programs administered by Medi-Cal. These activities will be performed by the Contra Costa County Health Insurance Counseling and Advocacy program (HICAP). CONSEQUENCE OF NEGATIVE ACTION: Without funding, the County could not provide Medicare Improvements for Patients and Providers Act services. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/04/2018 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Elaine Burres, 608-4960 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 4, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: C. 45 To:Board of Supervisors From:Kathy Gallagher, Employment & Human Services Director Date:December 4, 2018 Contra Costa County Subject:California Department of Aging, Medicare Improvement for Patients & Providers Act Funding 12-4-18 BOS Minutes 641 12-4-18 BOS Minutes 642 AGENDA ATTACHMENTS Resolution No. 2018/575 MINUTES ATTACHMENTS Signed Resolution No. 2018/575 12-4-18 BOS Minutes 643 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and for Special Districts, Agencies and Authorities Governed by the Board Adopted this Resolution on 12/04/2018 by the following vote: AYE:5 John Gioia Candace Andersen Diane Burgis Karen Mitchoff Federal D. Glover NO: ABSENT: ABSTAIN: RECUSE: Resolution No. 2018/575 IN THE MATTER OF California Department of Aging, Medicare Improvements for Patients and Providers Act Funding WHEREAS, the Contra Costa County Employment and Human Services Department provides Medicare Improvements for Patients and Providers Act (MIPPA) services to County residents; and WHEREAS, MIPPA funding will provide outreach and enrollment assistance to individuals who may be eligible for Part D low income subsidies and Medicare savings programs administered by Medi-Cal; and WHEREAS, the California Department of Aging has made funding in the amount of $88,834 available (Agreement No. MI-1819-07) to County for MIPPA services for the period October 1, 2018 through September 29, 2020. NOW, THEREFORE, BE IT RESOLVED the Contra Costa County Board of Supervisors approve and authorize the Employment and Human Services Director, or designee, to execute a contract with the California Department of Aging for Medicare Improvements for Patients and Providers Act services in an amount not to exceed $88,834 for the period October 1, 2019 through September 29, 2020. Contact: Elaine Burres, 608-4960 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 4, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: 12-4-18 BOS Minutes 644 12-4-18 BOS Minutes 645 RECOMMENDATION(S): APPROVE and AUTHORIZE the County Administrator, or designee, to apply for and accept grant funding from the California Arts Council, a State agency, in an amount not to exceed $5,000 for the County to provide the Poetry Out Loud program for the period October 1, 2018 through May 31, 2019. FISCAL IMPACT: Upon approval, the County will be eligible for up to $5,000 in State grant funds to support the Poetry Out Loud program. The grant does not require a match; however, the County typically contributes additional funds to support this program. The Fiscal 2018-19 Budget included a General Fund allocation for the Arts Commission to support this program. The Arts Commission always seeks in-kind donations of goods and services to enhance the program. BACKGROUND: Poetry Out Loud (POL), a national recitation contest, is a high school program that AC5 has participated in since 2008. POL is typically administrated by two AC5 Commissioners and a POL Coordinator. The Coordinator conducts outreach and signs up schools to participate. The Coordinator also manages the workflow of Poetry Teachers AC5 contracts with. The POL Coordinator meets with each school's teacher coordinator to help plan their Poetry Teacher visits and school competition scheduling. Schools may receive APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/04/2018 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Julia Taylor, 925.335.1043 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 4, 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:David Twa, County Administrator Date:December 4, 2018 Contra Costa County Subject:Poetry Out Loud Grant from the California Arts Council 12-4-18 BOS Minutes 646 BACKGROUND: (CONT'D) assistance with staffing each competition, including judges and a scorekeeper. A "school winner" is chosen from each school. The Poetry Teachers work with these students to prepare them for a countywide competition, which AC5 hosts in a theater venue to give students a professional experience. County public access TV (CCTV) records the event and broadcasts it numerous times each year. The Poetry Teachers work with the County winner to assure he/she is prepared for the State competition. The community usually celebrates our winners at a meeting of the Board of Supervisors, where they are often asked to recite their poems. CONSEQUENCE OF NEGATIVE ACTION: If this action is not approved, the County will not compete for grant funding that supports the advancement of arts among County youth. The many High Schools interested in participating in Poetry Out Loud will not be able to offer this enriching experience to their students. 12-4-18 BOS Minutes 647 RECOMMENDATION(S): ADOPT Resolution 2018/587 authorizing the Sheriff-Coroner, or designee, to apply for and accept the 2018 Paul Coverdell Forensic Services Improvement Grant, with the Governor's Office of Emergency Services, as fiscal agent, in an initial amount of $76,057 for support of forensic training for the period beginning January 1, 2019 through the end of the grant period. FISCAL IMPACT: $76,057, 100% Federal; No County match required (CFDA #16.742) BACKGROUND: The purpose of the Paul Coverdell Forensic Services Improvement Grant Program is to improve the quality and timeliness of forensic science services over current operations. The non-competitive funds are available for distribution during the period beginning January 1, 2019, through the end of the grant period. The Office of the Sheriff’s Forensic Services Division is an ANAB (ANSI-ASQ National Accreditation Board) accredited laboratory that has on-going training requirements to fulfill the accreditation criteria. This grant provides funding for the forensic staff to attend a variety of work-related training courses throughout the year. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/04/2018 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Sandra Brown 925-335-1553 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 4, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: C. 47 To:Board of Supervisors From:David O. Livingston, Sheriff-Coroner Date:December 4, 2018 Contra Costa County Subject:FY 2018 Coverdell Forensic Science Improvement Grants Program 12-4-18 BOS Minutes 648 CONSEQUENCE OF NEGATIVE ACTION: The County will not receive grant funding for training necessary to retain ANAB accreditation. AGENDA ATTACHMENTS Resolution No. 2018/587 MINUTES ATTACHMENTS Signed Resolution No. 2018/587 12-4-18 BOS Minutes 649 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and for Special Districts, Agencies and Authorities Governed by the Board Adopted this Resolution on 12/04/2018 by the following vote: AYE:5 John Gioia Candace Andersen Diane Burgis Karen Mitchoff Federal D. Glover NO: ABSENT: ABSTAIN: RECUSE: Resolution No. 2018/587 IN THE MATTER OF: Applying for and accepting the FY 2018 Coverdell Forensic Science Improvement Grants Program. WHEREAS, the County of Contra Costa is seeking funds available through the U.S. Department of Justice for the FY 2018 Coverdell Forensic Science Improvement Grants Program; NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors: Authorizes the Sheriff-Coroner, Undersheriff or the Sheriff's Chief of Management Services, to execute for and on the behalf of the County of Contra Costa, a public entity established under the laws of the State of California, any actions necessary for the purpose of obtaining Federal assistance related to the FY 2018 Coverdell Forensic Science Improvement Grants Program; provided by the U.S. Department of Justice. Contact: Sandra Brown 925-335-1553 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 4, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: 12-4-18 BOS Minutes 650 12-4-18 BOS Minutes 651 RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County Grant Agreement #28-383 with the BART Police Department, to pay the County an amount not to exceed $160,570 for County’s Coordinated Outreach Referral and Engagement (CORE) Program to provide homeless outreach services within the BART system for the period December 1, 2018 through November 30, 2019. FISCAL IMPACT: Approval of this Agreement will result in a payment to the County of $160,570 for the Health, Housing, and Homeless Department's CORE Program. A $56,033 County match is required. BACKGROUND: The CORE Program locates and engages homeless clients throughout Contra Costa County. CORE teams serve as an entry point into the County’s coordinated entry system for unsheltered persons and work to locate, engage, stabilize and house chronically homeless individuals and families. Approval of Agreement #28-383 will allow County to receive funds for their CORE Program to provide homeless outreach APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/04/2018 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Lavonna Martin, 925-608-6701 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 4, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: Marcy Wilhelm, L Walker C. 48 To:Board of Supervisors From:Anna Roth, Health Services Director Date:December 4, 2018 Contra Costa County Subject:Agreement #28–383 with the Bay Area Rapid Transit (BART) Police Department 12-4-18 BOS Minutes 652 BACKGROUND: (CONT'D) services within the BART system through November 30, 2019. This Contract includes mutual indemnification to hold harmless both parties for any claims arising out of the performance of this Contract. CONSEQUENCE OF NEGATIVE ACTION: If this Agreement is not approved, the County will not receive funds to provide homeless outreach services within the BART system. 12-4-18 BOS Minutes 653 RECOMMENDATION(S): ALLOCATE $20,000 from the Livable Communities Trust (District II portion) to the Public Works Department and DIRECT the Public Works Director to execute, on behalf of the County, a Memorandum of Understanding with the City of San Ramon for the County to participate in the San Ramon Valley Street Smarts Program for the period July 1, 2018 through June 30, 2019, as recommended by Supervisor Andersen. FISCAL IMPACT: No General Fund impact. This action allocates $20,000 from the District II portion of the Livable Communities Trust Fund (Fund). The current balance in the District II portion of the Fund is $1,513,726.40. BACKGROUND: The Livable Communities Trust Fund (Fund) is a Special Revenue Mitigation Fund that was established by the Board of Supervisors on November 15, 2005, following the approval of the Camino Tassajara Combined General Plan Amendment Project, also known as the Alamo Creek and Intervening Property residential projects, and was required as a condition of approval. The Fund was established to implement the County's Smart Growth Action Plan. The residential developers pay an $8,000 per unit fee (excluding affordable housing portions of the projects) into the Fund. The Department of Conservation and APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/04/2018 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: Kristin Sherk, (925) 674-7887 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 4, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: C. 49 To:Board of Supervisors From:John Kopchik, Director, Conservation & Development Department Date:December 4, 2018 Contra Costa County Subject:Allocation of Funds from the Livable Communities Trust to Public Works to Participate in the San Ramon Valley Street Smarts Program, San Ramon 12-4-18 BOS Minutes 654 BACKGROUND: (CONT'D) Development administers the Fund. On December 3, 2013, the Board of Supervisors determined that revenue from the Fund should be spent equally among supervisorial districts. At complete build-out, deposits to the Fund will total $8,448,000. As of September 13, 2018, the account has collected $8,040,000 in revenue fees and $520,922 in accrued interest with $6,059,447 remaining in uncommitted funds. The approved expenditures to date are shown in Attachment A. The San Ramon Valley Street Smarts Program ("Street Smarts Program") is a collaborative effort among the County Public Works Department, the City of San Ramon, the Town of Danville, the San Ramon Valley Unified School District, and the San Ramon Valley Fire Protection District to support traffic, bicyclist and pedestrian safety for school children. It supports goal five of the Smart Growth Action Plan to help fund transit and other transportation improvements that foster smart growth principles.The County has participated in this program since 2004 by funding a share of the costs to implement the program. During Fiscal Year 2018/19, the City of San Ramon is administering the program and is requesting that the County fund a total of $20,000 for program support ($10,000) and administrative support services ($10,000). The Public Works Director, or designee, will execute on behalf of the County, a Memorandum of Understanding (MOU) with the City of San Ramon to pay the City of San Ramon $20,000 to participate in the Street Smarts Program for the period of July 1, 2018 through June 30, 2019. The MOU is attached in its substantially final form and will be executed in a form approved by County Counsel. The Street Smarts Program campaign is implemented through the collaborative effort of the Street Smarts Advisory Committee ("Advisory Committee"), which meets periodically to implement program components. The Advisory Committee has adopted several large-scale programs to be implemented. They include the following: - Street Smarts Media Annual Press Release: An annual press release will be sent out at the beginning of the program year outlining the upcoming Street Smarts Program. The release will encourage members of the media and the public to learn about Street Smarts' traffic safety education activities for the upcoming school year. -Traffic Safety Assemblies: Street Smarts devised an elementary school assembly designed to teach students the basics of pedestrian and bicycle safety. On-site assemblies educate students about the lessons of traffic safety in a fun and entertaining environment. As an opportunity to continue learning, students and parents together fill out and submit online a Traffic Safety Questionnaire for the student to receive a participation prize, help their class win a larger prize and assist their school with winning a Grand Prize, such as safety equipment (not to exceed $250) presented by local Elected Officials and Platinum Sponsors at the "Grand Prize" Award assembly. On average, twelve schools, including 8,400 students and staff, are reached over the school year. -Bike Rodeos: As a component of Street Smarts' Safe Routes to School Efforts, bike rodeos are an after-school activity that allows elementary school students to practice their cycling and traffic safety skills in a controlled, supervised environment. Bike rodeos include an interactive bicycling course, bike maintenance station and 12-4-18 BOS Minutes 655 individual helmet check to ensure a proper fit. These activities reinforce street safety concepts. On average, twelve schools have over 1,500 students participating each school year. Over 6,000 parents and students are reached through direct advertising of bike rodeo. -"BMX" Middle School Safety Program: The Street Smarts Program introduced a new educational bike safety program to middle school students in the spring and have continued this program in the new school year. BMX Bike Safety Assemblies are delivered to middle school students by presenting an entertaining demonstration with an informative, safety message, through a combination of BMX skills and a visual bike and helmet safety messages. On average, over 6,000 students and staff view the presentation each school year. -Street Smarts "Be Reel!" Video Contest: The annual video contest attracts middle school students in small teams to create a 60-second PSA on a specific traffic safety theme. An Annual Award Ceremony is held with a viewing and awarding of the top finalists, where local Elected Officials and Platinum Sponsors present the awards to the top placing students. Over 250 parents, staff and students attend the ceremony. Over 6,400 students and staff members are reached through advertisement of the contest and awards ceremony. Top placed videos are also played on Contra Costa Television (CCTV). -CHP "Street Smart" Teen Driver Safety Program: Street Smarts has partnered with the California Highway Patrol to bring the "Street Smart" Program to local high schools. The Street Smart Teen Driver Education presentation is delivered by CHP Officers through a highly impactful and interactive teen driver safety class to educate new drivers and their parents about safe driving practices. Presentations are offered four times each school year at the four San Ramon Valley Unified School District high schools with approximately 1,800 students and parents attending at each event. - Community Outreach Efforts: Street Smarts staff attends over two dozen community events as part of its outreach efforts. At the events, Street Smarts representatives staff an informational booth with traffic safety educational program materials and activities for children and teen drivers.-- - Street Smarts Website: To advance its community outreach efforts, the Street Smarts website (www.street-smarts.com) will continue to serve as a resource for the community to learn about traffic safety and ongoing Street Smarts programs. In August 2016, a revised and updated website was released for the benefit of parents, students, and the general public in order to view program information and bike and pedestrian safety resources. The new website is not only web user friendly, but also mobile phone friendly. 12-4-18 BOS Minutes 656 The Street Smarts Program advances traffic, bicyclist, and pedestrian safety within the San Ramon Valley. For these reasons, Supervisor Andersen recommends that the Board of Supervisors approve participating in the program during Fiscal Year 2018/19, and allocating an award of $20,000 for program support and administrative services. CONSEQUENCE OF NEGATIVE ACTION: Contra Costa County will no longer be a participant in the Street Smarts Program. CHILDREN'S IMPACT STATEMENT: The Street Smarts Program supports Outcome 5: Communities are Safe and Provide a High Quality of Life for Children and Families. ATTACHMENTS Street Smarts Mou LCT Project List 12-4-18 BOS Minutes 657 12-4-18BOS Minutes658 12-4-18BOS Minutes659 12-4-18BOS Minutes660 Liveable Communities Trust Fund List of Projects Number Board Date Project Amount Sup District Expenditures Remaining Balance 2013-01 10/22/2013 Northern Waterfront 250,000$ All 250,000.00$ -$ 2016-01 6/14/2016 Heritage Point 1,432,830$ I 57,599.72$ 1,375,230.28$ 2016-02 12/20/2016 Marsh Creek Trail 250,000$ III -$ 250,000.00$ 2016-03 12/20/2016 Agriculture Policy Study 150,000$ III 150,000.00$ -$ 2017-01 3/7/2017 Agra Tech Solar Light Greenhouse 50,000$ IV and V 50% each 10,132.81$ 39,867.19$ 2017-02 3/14/2017 Rides for Veterans (Mobility Matters)33,458$ II 33,458.00$ -$ 2017-02 3/14/2017 Rides for Veterans (Mobility Matters)50,187$ IV 50,187.00$ -$ 2017-03 9/19/2017 Garden Park Apartments 125,000$ IV 125,000.00$ -$ 2018-01 1/16/2018 SRV Street Smarts 2017/18 20,000$ II 20,000.00$ -$ 2018-02 2/27/2018 Contra Costa Housing Security Fund 10,000$ II 10,000.00$ -$ 2018-03 3/27/2018 Newell Avenue Pathway 75,000$ II 75,000.00$ -$ 2018-04 3/27/2018 Tri Valley Rising Report 10,000$ II 10,000.00$ -$ 2018-05 6/12/2018 RYSE Acquisition 25,000$ I 25,000.00$ -$ 2018-06 12/4/2018 SRV Street Smarts 2018/19 20,000$ II -$ 20,000.00$ Total Allocated 2,661,475$ Total Expenditures 816,377.53$ 12-4-18 BOS Minutes 661 RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County Contract #26-606-15 with Sodexo America, LLC, a limited liability company, in an amount not to exceed $400,000, to provide management and oversight of the Food and Nutrition Services Unit at Contra Costa Regional Medical Center (CCRMC) and Contra Costa Health Centers, for the period from November 1, 2018 through October 31, 2019. FISCAL IMPACT: This Contract is funded 100% Hospital Enterprise Fund I. (Rate increase) BACKGROUND: On November 7, 2017, the Board of Supervisors approved Contract #26-606-14 with Sodexo America, LLC, for the provision of management and oversight of the Food and Nutrition Services Unit at CCRMC, for the period from November 1, 2017 through October 31, 2018. Approval of Contract #26-606-15 will allow the Contractor to continue providing services through October 31, 2019. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/04/2018 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Jaspreet Benepal, 925-370-5101 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 4, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: D Morgan, M Wilhelm C. 50 To:Board of Supervisors From:Anna Roth, Health Services Director Date:December 4, 2018 Contra Costa County Subject:Contract #26-606-15 with Sodexo America, LLC 12-4-18 BOS Minutes 662 CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, Contra Costa Regional Medical Center would be operating without management oversight in the Food and Nutritional Services Unit and be out of compliance with the Centers for Medicare and Medicaid Services requirements. 12-4-18 BOS Minutes 663 RECOMMENDATION(S): APPROVE and AUTHORIZE the District Attorney, or designee, to execute a contract with Net Transcripts, in an amount not to exceed $185,000, to provide translation and transcription services for the period September 1, 2018 through June 30, 2020. FISCAL IMPACT: Up to $185,000. 36% General Fund, budgeted. 64% State asset forfeiture funds. BACKGROUND: Net Transcipts has provided the District Attorney's Office with transciption services and investigative recordings which are essential to fulfilling our mission. Net Transcripts has been able to manage the high volume of transcripts requested by the District Attorney's Office, including producing transcripts with as little as 24-hour notice. Within the past year, there has been an increase in the utilization of Net Transcripts' services due to the large scale Human Trafficking Operation done by the Task Force. The additional costs due to the Human Trafficking Operation are investigative costs and will be covered by state asset forfeiture funds. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/04/2018 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: Elizabeth Molera, (925) 957-2205 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 4, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: C. 51 To:Board of Supervisors From:Diana Becton, District Attorney Date:December 4, 2018 Contra Costa County Subject:Contract for Net Transcripts to Provide Translation and Transcription Services 12-4-18 BOS Minutes 664 CONSEQUENCE OF NEGATIVE ACTION: Failure to approve this contract would prevent the District Attorney's Office from successfully following our mission and bringing cases to trial with increased confidence that justice will be served. 12-4-18 BOS Minutes 665 RECOMMENDATION(S): APPROVE and AUTHORIZE the Employment and Human Services Director, or designee, to execute a contract with the Crowne Plaza Hotel Concord, for the Heritage Project, Options for Recovery Program, Caregivers Retreat and Training event, scheduled for February 28, 2019, in an amount not to exceed $7,000 and requiring County assumption of liability for injuries and damages caused by attendees. FISCAL IMPACT: The event cost is $7,000, funded by 75% Federal, 17.5% State, and 12.5% County funds. BACKGROUND: In response to issues related to pri-natal exposure to alcohol and drugs, a collaborative was formed with the California Department of Alcohol and Drugs programs, including Developmental Services, Mental Health Department, Health Services Department and Social Services agencies. This collaboration was entitled Options for Recovery. The mission is to promote recovery of chemically dependent pregnant, postpartum and parenting women, and enhance the health of children. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/04/2018 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Elaine Burres 608-4960 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 4, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: C. 52 To:Board of Supervisors From:Kathy Gallagher, Employment & Human Services Director Date:December 4, 2018 Contra Costa County Subject:Heritage Project, Options for Recovery Program Retreat and Training Event 12-4-18 BOS Minutes 666 BACKGROUND: (CONT'D) On February 28, 2019, the Employment and Human Services Department, Children and Family Services Bureau, will host an intensive training event, entitled "Heritage Project, Options for Recovery Program Caregivers Retreat and Training" for foster parents and relative caregivers. Crowne Plaza Hotel Concord has requested the Contra Costa County Board of Supervisors approval in advance of the event. Provision of food and beverage service during the event is included in this contract. These expenses are allowable under Heritage Project funding guidelines, and will be consistent with the County Administrative Bulletin No, 614, paragraph V. B. "appropriated funds are not available to provide food and/or beverages to County employees or members of County committees". The contract for this event includes language that requires the County to indemnify the hotel where the training event is being held, for injuries and damages caused by the County during the event. CONSEQUENCE OF NEGATIVE ACTION: The Federal requirement for Heritage Project, Options for Recovery Program specialized training would not be provided and may impact funding. 12-4-18 BOS Minutes 667 RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County Contract #26-585-8 with Leroy Evan Custer, M.D., an individual, in an amount not to exceed $558,000 to provide radiology services at Contra Costa Regional Medical Center (CCRMC) and Contra Costa Health Centers, for the period from December 1, 2018 through November 30, 2021. FISCAL IMPACT: This Contract is funded 100% by Hospital Enterprise I funds. (No rate increase) BACKGROUND: On December 8, 2015, the Board of Supervisors approved Contract #26-585-7 with Leroy Evan Custer, M.D. to provide radiology services, including but not limited to consultation, training, clinic coverage, on-call, supervision and interpretation of Computerized Tomography Scans, Ultrasounds and plain films, at CCRMC and Health Centers, for the period from December 1, 2015 through November 30, 2018. Approval of Contract #26-585-8 will allow the Contractor to continue to provide radiology services through November 30, 2021. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/04/2018 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Samir Shah, M.D., 925-370-5525 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 4, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: A Floyd , Marcy Wilhelm C. 53 To:Board of Supervisors From:Anna Roth, Health Services Director Date:December 4, 2018 Contra Costa County Subject:Contract #26-585-8 with Leroy Evan Custer, M.D. 12-4-18 BOS Minutes 668 CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, Contractor will not be able to provide radiology services at CCRMC and Contra Costa Health Centers. 12-4-18 BOS Minutes 669 RECOMMENDATION(S): APPROVE and AUTHORIZE the Purchasing Agent, or designee, to execute a purchase order on behalf of the Sheriff-Coroner with Buchanan Food Service in the amount of $225,000 to provide bread loaves, rolls and all related bakery items as needed for the West County, Martinez and Marsh Creek detention facilities for the period of December 1, 2018 through Novemeber 30, 2019. FISCAL IMPACT: $225,000 maximum. 100% County General Fund; Budgeted in fiscal year 2018/2019. BACKGROUND: Buchanan Food Service is a General Services Department solicited bid that provides lower pricing for the bread loaves, rolls and other related bakery items as needed to support the inmate feeding program requirements of the West County, Martinez, and Marsh Creek detention facilities. CONSEQUENCE OF NEGATIVE ACTION: The Sheriff's Office will be unable to enter into a contract with Buchanan Food Service. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/04/2018 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Liz Arbuckle, (925) 335-1529 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 4, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: Liz Arbuckle, Heike Anderson, Paul Reyes C. 54 To:Board of Supervisors From:David O. Livingston, Office of the Sheriff Date:December 4, 2018 Contra Costa County Subject:Purchase Order - Buchanan Food Service 12-4-18 BOS Minutes 670 RECOMMENDATION(S): APPROVE and AUTHORIZE the Purchasing Agent to execute, on behalf of the Sheriff-Coroner, a purchase order with Producers Dairy Products Inc., in an amount not to exceed $320,000 for the purchase of dairy products as needed for the West County (WCDF), Martinez (MDF) and Marsh Creek (MCDF) detention facilities for the period December 1, 2018 through November 30, 2019. FISCAL IMPACT: $320,000. 100% County General Fund; Budgeted in fiscal year 2018/2019. BACKGROUND: The vendor is a Public Works Department-selected vendor providing the dairy products and other related products needed by WCDF, MDF and MCDF to support the feeding program requirements of the inmate population. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/04/2018 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Liz Arbuckle, 335-1529 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 4, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: Liz Arbuckle, Heike Anderson, Paul Reyes C. 55 To:Board of Supervisors From:David O. Livingston, Office of the Sheriff Date:December 4, 2018 Contra Costa County Subject:Purchase Order - Producers Dairy Products, Inc. 12-4-18 BOS Minutes 671 CONSEQUENCE OF NEGATIVE ACTION: The Office of the Sheriff would be unable to acquire dairy products from Producer's Dairy Products for the three detention facilities. 12-4-18 BOS Minutes 672 RECOMMENDATION(S): APPROVE and AUTHORIZE the Purchasing Agent to execute, on behalf of the Sheriff-Coroner, a purchase order with Allen Packaging Company in the amount of $180,000 to provide three-compartment trays for Seal-a-Meal food to be used at the West County, Martinez, and Marsh Creek Detention Facilities for the period January 1, 2019 through December 31, 2019. FISCAL IMPACT: $180,000; 100% County General Fund, Budgeted. BACKGROUND: Allen Packaging supplies the packaging equipment and supplies used for the seal-a-meal food central production system at WCDF, where inmate meals are produced and distributed to MDF and MCDF. This central production system has proven to increase efficiency and reduce costs for mandated provided meals to inmates. CONSEQUENCE OF NEGATIVE ACTION: APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/04/2018 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Liz Arbuckle, 925-335-1529 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 4, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: Heike Anderson, Liz Arbuckle, Paul Reyes C. 56 To:Board of Supervisors From:David O. Livingston, Sheriff-Coroner Date:December 4, 2018 Contra Costa County Subject:Purchase Order - Allen Packaging Company 12-4-18 BOS Minutes 673 RECOMMENDATION(S): APPROVE and AUTHORIZE the Purchasing Agent, or designee to execute, on behalf of the Sheriff-Coroner, a blanket purchase order with National Food Group, Inc., in an amount to not exceed $430,000, to provide frozen/dry food and related items as needed for the West County, Martinez and Marsh Creek detention facilities for the period January 1, 2019 through December 31, 2019. FISCAL IMPACT: $430,000 maximum. 100% County General Fund; Budgeted. BACKGROUND: The vendor provides the Office of the Sheriff with opportunity buys, enabling the department to take advantage of last minute deals from manufacturers for cut rates on high quality bulk food items, such as frozen green beans, potato products and poultry items as needed by the three detention facilities to support the feeding program requirements of the inmate population. This vendor has no strict minimums which also makes it more convenient for ordering. CONSEQUENCE OF NEGATIVE ACTION: The Sheriff's Office will be unable to procure various food items for County adult detention facilities from the vendor. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/04/2018 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Liz Arbuckle, (925) 335-1529 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 4, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: Heike Anderson, Liz Arbuckle, Paul Reyes C. 57 To:Board of Supervisors From:David O. Livingston, Sheriff-Coroner Date:December 4, 2018 Contra Costa County Subject:Purchase Order - National Food Group, Inc. 12-4-18 BOS Minutes 674 RECOMMENDATION(S): APPROVE and AUTHORIZE the Employment and Human Services Director, or designee, on behalf of the Family and Children's Trust Committee (FACT), to issue Request for Proposals #1165 for prevention and intervention services to abused and neglected children, children at risk of abuse or neglect, and their families, in an amount not to exceed $700,000 for the period July 1, 2019 through June 30, 2020. FISCAL IMPACT: The Request for Proposals funding amount not to exceed $700,000 is funded from 45% State Child Abuse Prevention, Intervention and Treatment (CAPIT) funds; 5% State Community Based Child Abuse Prevention (CBCAP) funds; 30% County Birth Certificate funds (AB 2994); and 20% donations to the Ann Adler Family and Children's Trust fund. BACKGROUND: FACT developed Request for Proposals (RFP) #1165 following an extensive needs assessment process. The process included surveys to service providers and consumers, meetings with key stakeholders, and a review APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/04/2018 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Elaine Burres 608-4960 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 4, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: C. 58 To:Board of Supervisors From:Kathy Gallagher, Employment & Human Services Director Date:December 4, 2018 Contra Costa County Subject:Issue Family and Children's Trust Committee (FACT) Request for Proposals 12-4-18 BOS Minutes 675 BACKGROUND: (CONT'D) of current needs assessment data and literature. The service categories to be solicited through the open bid process, RFP #1165, include: 1) Parenting education services, including information and referral services that focus on teaching new skills and knowledge to at-risk families; 2) Support for children with special needs and/or mental health needs and their families; 3) Early intervention services that focus on prevention, early intervention and elimination of child maltreatment while in foster care, and on prevention and early intervention of abuse and domestic violence; 4) Education and training to agencies and/or service providers on the Center for the Study of Social Policy (CSSP) protective and promotive factors framework and on the Adverse Childhood Experiences Study; and 5) Afterschool or school-based programs for children of families at risk of becoming involved with child welfare. All programs must support culturally and linguistically appropriate services. All programs must include services for families involved with or at risk of becoming involved with child welfare. The period of funding for the resulting contracts will be July 1, 2019 through June 30, 2020 with the option for a one-year renewal pending service need, availability of funding, and provision of quality services with successful outcomes as determined by FACT's ongoing monitoring and evaluation process. CONSEQUENCE OF NEGATIVE ACTION: By not authorizing the issuance of RFP #1165, funding for prevention and intervention services to abused and neglected children, children at risk of abuse or neglect and their families could not be provided to organizations, thereby, eliminating programs supported by FACT dollars. CHILDREN'S IMPACT STATEMENT: Contracts resulting from RFP #1165 will support the community outcomes established in the Children's Report Card, 1) "Children Ready for and Succeeding in School"; 2) "Children and Youth Healthy and Preparing for Productive Adulthood"; 3) "Families that are Economically Self Sufficient"; 4) "Families that are Safe, Stable and Nurturing" and 5) "Communities that are Safe and Provide a High Quality of Life for Children and Families" by reducing the occurrence of child abuse and neglect, and by providing support services and guidance to strengthen the family unit. 12-4-18 BOS Minutes 676 RECOMMENDATION(S): APPROVE and AUTHORIZE the Employment & Human Services Director, or designee, to execute a contract amendment with Aspiranet, a nonprofit corporation, to increase the payment limit by $72,000 to a new payment limit of $684,000 with no change to period July 1, 2018 through June 30, 2019. FISCAL IMPACT: The contract is 100% funded by the U.S. Department of Health and Human Services, Administration for Children and Families, Office of Head Start. County match is not required. CFDA Number: 93.708 County Contract Number: 38-957-5 BACKGROUND: Contra Costa County receives funds from the U.S. Department of Health and Human Services, Administration for Children and Families, Office of Head Start, to provide Early Head Start program services to program eligible County residents. The Employment and Human Services Department, in turn, APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/04/2018 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: CSB (925) 681-6346 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 4, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: Monica DeVera, Haydee Ilan C. 59 To:Board of Supervisors From:Kathy Gallagher, Employment & Human Services Director Date:December 4, 2018 Contra Costa County Subject:2018-19 Aspiranet Childcare Services Contract Amendment 12-4-18 BOS Minutes 677 BACKGROUND: (CONT'D) contracts with a number of community-based organizations to provide a wider distribution of services. The board approved a contract with Aspiranet to provide coordination services of Home-based Early Head Start programs throughout the County on July 10, 2018 (c.56). The original contract provided services to 102 pregnant women and/or children ages birth to three years old. This amendment is to increase the childcare slots from 102 to 118. CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, fewer eligible families will be served by the County's Early Head Start Enhancement program. CHILDREN'S IMPACT STATEMENT: The Employment & Human Services Department Community Services Bureau supports three of Contra Costa County’s community outcomes - Outcome 1: “Children Ready for and Succeeding in School,” Outcome 3: “Families that are Economically Self-sufficient,” and, Outcome 4: “Families that are Safe, Stable, and Nurturing.” These outcomes are achieved by offering comprehensive services, including high quality early childhood education, nutrition, and health services to low-income pregnant women and families throughout Contra Costa County. 12-4-18 BOS Minutes 678 RECOMMENDATION(S): APPROVE and AUTHORIZE the County Probation Officer, or designee, to execute a Data Use Agreement containing mutual indeminification with the University of California, San Francisco (UCSF) to provide administrative data for research as part of the Domestic Violence Homicide Prevention Demonstration Initiative (DVHPDI) for the period of November 1, 2018 through October 31, 2020. FISCAL IMPACT: No fiscal impact. The data collection is already being performed by existing Probation employees. No additional expenses will be necessary. BACKGROUND: UCSF is the local researcher aiding in conducting a research project to evaluate the DVHPDI. This research project requires UCSF to obtain administrative data collected and maintained by the Probation Department regarding domestic violence and to transfer this data to the National Evaluator, Yale University. Data provided by Probation will be securely obtained through a UCSF secure data management system and transferred via the Yale Secure File transfer system to be stored electronically on a Yale encrypted and password-protected server accessible only to research APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/04/2018 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: Danielle Fokkema, 925-313-4195 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 4, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: C. 60 To:Board of Supervisors From:Todd Billeci, County Probation Officer Date:December 4, 2018 Contra Costa County Subject:Agreement with the University of California, San Francisco for Data Sharing 12-4-18 BOS Minutes 679 BACKGROUND: (CONT'D) staff. The agreement contains mutual indemnification for any claims arising out of the performance of the agreement. CONSEQUENCE OF NEGATIVE ACTION: Information that can only be provided by Probation will not be available to the research project. CHILDREN'S IMPACT STATEMENT: The information provided under this agreement will support two of the Contra Costa County’s community outcomes: (4) “Families that are Safe, Stable and Nurturing”, and (5) “Communities that are Safe and Provide a High Quality of Life for Children and Families” by providing research data on perpetrators of domestic violence in our county. 12-4-18 BOS Minutes 680 RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County Contract Amendment Agreement #74-184-51(5) with Mona Monelli, MFT, an individual, effective November 1, 2018, to amend Contract #74-184-51(4), to increase the payment limit by $35,000, from $70,000 to a new payment limit of $105,000, with no change in the term of July 1, 2017 through June 30, 2019. FISCAL IMPACT: This contract is funded 50% by Federal Medi-Cal and 50% by State Mental Health Realignment. (No rate increase) BACKGROUND: In June 2017, the County Administrator approved and the Purchasing Services Manager executed Contract #74-184-51(4), with Mona Monelli, MFT for the provision of Medi-Cal specialty mental health services for the period from July 1, 2017 through June 30, 2019. At the time of negotiations, the payment limit was based on target levels of utilization. However, the utilization during the term of the Contract was higher than originally anticipated. Approval of Contract Amendment Agreement #74-184-51(5) will allow the Contractor to provide additional mental health services through June 30, 2019. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/04/2018 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Matthew White, M.D., 925-957-5201 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 4, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: Robert Curotto, marcy wilhelm C. 61 To:Board of Supervisors From:Anna Roth, Health Services Director Date:December 4, 2018 Contra Costa County Subject:Amendment #74-184-51(5) with Mona Monelli, MFT 12-4-18 BOS Minutes 681 12-4-18 BOS Minutes 682 CONSEQUENCE OF NEGATIVE ACTION: If this amendment is not approved, services provided to Contra Costa Mental Health Plan Medi-Cal beneficiaries could be negatively impacted, including access to services, choice of providers, cultural competency, language capacity, geographical locations of service providers, and waiting lists. 12-4-18 BOS Minutes 683 RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County Contract #23-419-13 with Perseus Corporation, a corporation, in an amount not to exceed $150,260 to provide consultation and technical assistance to the Health Services Department on third party cost reports, for the period from November 1, 2018 through October 31, 2019. FISCAL IMPACT: This Contract is funded 100% Hospital Enterprise Fund I. (Rate increase) BACKGROUND: On September 26, 2017, the Board of Supervisors approved Contract #23-419-12 with Perseus Corporation, for the period from November 1, 2017 through October 31, 2018, for the provision of consultation and technical assistance on preparation and submission of third party cost reports including, acting as the primary liaison between the Health Services Department and the State and Federal government with regard to all interactions, audits, review of cost reports and/or claims filed. Approval of Contract #23-419-13 will allow Contractor to continue providing services through October 31, 2019. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/04/2018 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Patrick Godley, 925-957-5410 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 4, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: Marcy Wilhelm C. 62 To:Board of Supervisors From:Anna Roth, Health Services Director Date:December 4, 2018 Contra Costa County Subject:Contract #23-419-13 with Perseus Corporation 12-4-18 BOS Minutes 684 CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, the Contractor will not provide oversight and review of third party cost reports that the Department is required to file with federal and state agencies. 12-4-18 BOS Minutes 685 RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County Contract #23-648 with Vickie Lee Scharr, an individual, in an amount not to exceed $150,000, to provide consultation, technical support and planning services with regard to transitioning the West Contra Costa Health Care District (WCCHCD) to County, for the period from January 1, 2019 through December 31, 2020. FISCAL IMPACT: This Contract is funded 100% by Hospital Enterprise Fund I. BACKGROUND: Under Contract #23-648, the Contractor will provide consultation, technical support and planning services to the Chief Operating Officer with regard to the transition of the WCCHCD to Contra Costa County including but not limited to financial planning and operational improvement, through December 31, 2020. CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, the Health Services Department will not be able to use Contractor’s expertise in the transition of WCCHCD to Contra Costa County. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/04/2018 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Patrick Godley, 925-957-5405 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 4, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: Marcy Wilhelm C. 63 To:Board of Supervisors From:Anna Roth, Health Services Director Date:December 4, 2018 Contra Costa County Subject:Contract #23-648 with Vickie Lee Scharr 12-4-18 BOS Minutes 686 RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County Contract #23-646 with Eighty 20 Healthcare Consulting, LLC, a limited liability company, in an amount not to exceed $150,000, to provide consultation, technical support and planning services with regard to transitioning the West Contra Costa Health Care District (WCCHCD) to County, for the period from January 1, 2019 through December 31, 2020. FISCAL IMPACT: This Contract is funded 100% by Hospital Enterprise Fund I. BACKGROUND: Under Contract #23-646, the Contractor will provide consultation, technical support and planning services to the Chief Operating Officer with regard to the transition of the WCCHCD to Contra Costa County including but not limited to financial planning and operational improvement, through December 31, 2020. CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, the Health Services Department will not be able to use Contractor’s expertise in the transition of WCCHCD to Contra Costa County. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/04/2018 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Patrick Godley, 925-957-5405 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 4, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: Marcy Wilhelm C. 64 To:Board of Supervisors From:Anna Roth, Health Services Director Date:December 4, 2018 Contra Costa County Subject:Contract #23-646 with Eighty 20 Healthcare Consulting, LLC 12-4-18 BOS Minutes 687 RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County Contract #23-647 with Optimum Financial Consultants, Inc., a corporation, in an amount not to exceed $150,000, to provide consultation, technical support and planning services with regard to transitioning the West Contra Costa Health Care District (WCCHCD) to County, for the period from January 1, 2019 through December 31, 2020. FISCAL IMPACT: This Contract is funded 100% by Hospital Enterprise Fund I. BACKGROUND: Under Contract #23-647, the Contractor will provide consultation, technical support and planning services to the Chief Operating Officer with regard to the transition of the WCCHCD to Contra Costa County including but not limited to financial planning and operational improvement, through December 31, 2020. CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, the Health Services Department will not be able to use Contractor’s expertise in the transition of WCCHCD to Contra Costa County. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/04/2018 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Patrick Godley, 925-957-5405 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 4, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: Marcy Wilhelm C. 65 To:Board of Supervisors From:Anna Roth, Health Services Director Date:December 4, 2018 Contra Costa County Subject:Contract #23-647 with Optimum Financial Consultants, Inc. 12-4-18 BOS Minutes 688 RECOMMENDATION(S): FIND that a renewal for reallocating State Local Revenue 2011 funds within the Support Services Account, from the Employment and Human Services Department Protective Services Subaccount to the Health Services Behavioral Health Subaccount, in order to enhance and increase the provision of timely specialty mental health services under the state Continuum of Care Reform Initiative (AB403), is the most cost effective use of available resources to maximize client outcomes; and APPROVE and AUTHORIZE the Auditor-Controller, or designee, to reallocate State Local Revenue 2011 Funds within the Support Services Account (0296) from the Employment and Human Services Department Protective Services Sub-account (Division 2993/Section 2773) to the Health Services Department Behavioral Health Subaccount (Division 2991/Section 2784) in an amount not to exceed $166,667 per month, and total payments not to exceed $2,000,000, for the renewal period of July 1, 2018 through June 30, 2019, as required by California Government Code Section 30025(f)(4)(A-E). FISCAL IMPACT: This action will result in the transfer of up to $2,000,000 from the Employment and Health Services Department (EHSD) Protective Services Subaccount to the Health Services Department (HSD) Behavioral Health Subaccount, both within Department 0296. This is 100% 2011 State Realignment funds and there is no impact to the County General Fund. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/04/2018 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Gina Chenoweth 8-4961 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 4, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: C. 66 To:Board of Supervisors From:Kathy Gallagher, Employment & Human Services Director Date:December 4, 2018 Contra Costa County Subject:Transfer of State Local Revenue 2011 Funds from Employment and Human Services Department to Health Services Department 12-4-18 BOS Minutes 689 FISCAL IMPACT: (CONT'D) Per California Government Code 30025(f)(4)(A-E), the reallocation of 2011 Realignment Support Services Account funds may not exceed 10% of the amount deposited in the immediately preceding fiscal year in the Support Service Account subaccount with the lowest balance. The total amount deposited into the Behavioral Health Subaccount by the State in Fiscal Year 2017/18 was $35,744,963.85. This reallocation does not exceed 10% of the deposit. BACKGROUND: The reallocation of 2011 Realignment funds from one subaccount to another is allowable, per California Government Code section 30025(f)(4) (“Code”). The Code requires Board of Supervisor approval that the decision to reallocate funds was based on the most costs effective use of available resources to maximize client outcomes. The funds reallocated from EHSD Protective Services Subaccount to the HSD Behavioral Health Subaccount will be used to enhance and increase existing specialty mental health services for children receiving services from EHSD-Children and Family Services (CFS) to support mental health services in step down in placement care levels and/or to sustain children in family-based care under the state Continuum of Care Reform Initiative (AB403). These funds can only be used for children who are receiving foster care and/or in-home services from EHSD-CFS or for children whose families are involved with Emergency Response and are referred for Mental Health services by EHSD-CFS. CONSEQUENCE OF NEGATIVE ACTION: EHSD-Children and Family Services and HSD - Children’s Mental Health Services will be unable to provide the desired specialty mental health services for children who are receiving foster care and/or in-home services, or children whose families are involved with Emergency Response. CHILDREN'S IMPACT STATEMENT: This action supports four of the community outcomes established in the Children's Report Card: 1) Children Ready for and Succeeding in School; 2) Children and Youth Healthy and Preparing for Productive Adulthood; 3) Families that are Safe, Stable and Nurturing; and 4) Communities that are Safe and Provide a High Quality of Life for Children and Families, by supporting successful step-down placement and/or sustaining children in family-based care. 12-4-18 BOS Minutes 690 RECOMMENDATION(S): APPROVE and AUTHORIZE the Purchasing Agent, on behalf of the Public Works Director, to execute a purchase order amendment with Southern Counties Fuel to increase the payment limit by $300,000 to a new payment limit of $1,200,000 for the purchase of unleaded and diesel fuel, with no change to the original term February 1, 2018 through January 31, 2019, Countywide. FISCAL IMPACT: 100% Fleet Internal Service Fund BACKGROUND: Public Works Fleet Management is responsible for the County fueling station on Waterbird Way. They purchase fuel for the station by accepting daily bids from fuel distributors. They have five vendors currently submitting bids. They are set up to purchase from four of them. Any local vendors interested in supplying fuel to the county are encouraged to visit the Public Works Materials counter and get the necessary information to start submitting daily bids. Due to the raising price of fuels and additional internal use at the Waterbird fueling site, the original annual APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/04/2018 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: Stan Burton 925-313-7077 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 4, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: C. 67 To:Board of Supervisors From:Brian M. Balbas, Public Works Director/Chief Engineer Date:December 4, 2018 Contra Costa County Subject:APPROVE a purchase order amendment with Southern Counties Fuel 12-4-18 BOS Minutes 691 BACKGROUND: (CONT'D) estimate of $900,000 has been exhausted. Fleet is requesting the payment limit by increased by $300,000 to complete the term. CONSEQUENCE OF NEGATIVE ACTION: If this purchase order is not approved, fuel for the Waterbird Fueling Facility will not be purchased. 12-4-18 BOS Minutes 692 RECOMMENDATION(S): APPROVE and AUTHORIZE the Public Works Director, or designee, to execute a purchase order amendment with Enterprise Rent-A-Car to increase the payment limit from $190,000 to a new payment limit of $400,000 for car and light truck rentals, with no change to the original term November 1, 2017 through October 31, 2019, Countywide. (100% Fleet Internal Service Fund) FISCAL IMPACT: 100% Fleet Internal Service Fund BACKGROUND: Public Works Fleet Services is responsible for countywide vehicle rentals. There are various reasons for requiring vehicle rentals. Departments request rental vehicles to temporarily replace vehicles with serious problems or damage. Rental vehicles are also requested to fill the need for annual events such as elections or book drives. Fleet Services has exhausted the original funds and is requesting to increase the purchase order value. CONSEQUENCE OF NEGATIVE ACTION: If this agreement is not approved, renting cars and light trucks through Enterprise Rent-A-Car will discontinue. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/04/2018 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: Stan Burton 925-313-7077 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 4, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: C. 68 To:Board of Supervisors From:Brian M. Balbas, Public Works Director/Chief Engineer Date:December 4, 2018 Contra Costa County Subject:APPROVE a purchase order amendment with Enterprise Rent-A-Car 12-4-18 BOS Minutes 693 12-4-18 BOS Minutes 694 RECOMMENDATION(S): APPROVE and AUTHORIZE the Public Works Director, or designee, to approve a purchase order with EAN Services in an amount not to exceed $150,000 for car and light truck rentals, for the period of September 1, 2018 through August 31, 2019, Countywide. (100% Fleet Internal Service Fund) FISCAL IMPACT: 100% Fleet Internal Service Fund) BACKGROUND: Public Works Fleet Services is responsible for countywide vehicle rentals. Enterprises Rent-A-Car has split itself into two entities. EAN Services is the commercial side of the new Enterprise. Fleet is now receiving invoices from both Enterprise and EAN Services. As EAN has a unique vendor number and payment address, Accounts Payable has requested a separate purchase order be established for them. Fleet Services is requesting a purchase order for EAN Services. CONSEQUENCE OF NEGATIVE ACTION: If this agreement is not approved, renting cars and light trucks through EAN Services will discontinue. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/04/2018 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: Stan Burton 925-313-7077 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 4, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: C. 69 To:Board of Supervisors From:Brian M. Balbas, Public Works Director/Chief Engineer Date:December 4, 2018 Contra Costa County Subject:APPROVE a purchase order with EAN Services 12-4-18 BOS Minutes 695 RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County Contract Amendment Agreement #27-282-6 with California Predictive Imaging, LLC, a limited liability company, effective December 1, 2018, to amend Contract #27-282-4 , to increase the payment limit by $500,000, from $2,500,000 to a new payment limit of $3,000,000 with no change in the original term of November 1, 2017 through October 31, 2019. FISCAL IMPACT: This amendment is funded by 100% Contra Costa Health Plan (CCHP) Enterprise II Fund. (No rate increase) BACKGROUND: On November 7, 2018, the Board of Supervisors approved Contract #27-282-4 with Antioch Magnetic Imaging, for the provision of diagnostic imaging services for CCHP members, for the period from November 1, 2017 through October 31, 2019. In July 2018, the County Administrator approved Assignment #27-282-5 to assign the contract from Antioch Magnetic Imagine to California Predictive Imaging, Inc. Approval of Contract Amendment Agreement #27-282-6 will allow the Contractor to provide additional diagnostic imaging services to CCHP members through October 31, 2019. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/04/2018 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Patricia Tanquary, 925-313-6004 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 4, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: N Garcia, M Wilhelm C. 70 To:Board of Supervisors From:Anna Roth, Health Services Director Date:December 4, 2018 Contra Costa County Subject:Amendment #27-282-6 with California Predictive Imaging, LLC 12-4-18 BOS Minutes 696 12-4-18 BOS Minutes 697 CONSEQUENCE OF NEGATIVE ACTION: If this amendment is not approved, the Contractor will not be able to approval additional diagnostic imaging services to CCHP members. 12-4-18 BOS Minutes 698 RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County Contract #27-594-8 with Steven A. Harrison, M.D., A Professional Corporation, in an amount not to exceed $750,000, to provide ophthalmology services to Contra Costa Health Plan (CCHP) members and County Recipients for the period from December 1, 2018 through November 30, 2020. FISCAL IMPACT: This Contract is funded by 100% CCHP Enterprise Fund II. (No rate increase) BACKGROUND: On December 6, 2016, the Board of Supervisors approved Contract #27-594-7 with Steven A. Harrison, M.D., A Professional Corporation, to provide ophthalmology services to CCHP members and County Recipients, for the period from December 1, 2016 through November 30, 2018. Approval of Contract #27-594-8 will allow Contractor to continue providing ophthalmology services through November 30, 2020. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/04/2018 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Patricia Tanquary, 925-313-6004 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 4, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: N Garcia, M Wilhelm C. 71 To:Board of Supervisors From:Anna Roth, Health Services Director Date:December 4, 2018 Contra Costa County Subject:Contract #27-594-8 with Steven A. Harrison, M.D., A Professional Corporation 12-4-18 BOS Minutes 699 CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, certain specialized health care services for CCHP members and county recipients under the terms of their Individual and Group Health Plan membership contracts with the County will not be provided. 12-4-18 BOS Minutes 700 RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County Contract #27-261-16 with Sharon B. Drager, M.D., Professional Corporation, in an amount not to exceed $150,000, to provide vascular surgery services to Contra Costa Health Plan (CCHP) members and County Recipients for the period from December 1, 2018 through November 30, 2020. FISCAL IMPACT: This Contract is funded by 100% CCHP Enterprise Fund II. (No rate increase) BACKGROUND: On December 6, 2016, the Board of Supervisors approved Contract #27-261-15 with Sharon B. Drager, M.D., Professional Corporation, to provide vascular surgery services to CCHP members and County Recipients, for the period from December 1, 2016 through November 30, 2018. Approval of Contract #27-261-16 will allow Contractor to continue providing vascular surgery services through November 30, 2020. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/04/2018 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Patricia Tanquary, 925-313-6004 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 4, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: N Garcia, M Wilhelm C. 72 To:Board of Supervisors From:Anna Roth, Health Services Director Date:December 4, 2018 Contra Costa County Subject:Contract #27-261-16 with Sharon B. Drager, M.D., Professional Corporation 12-4-18 BOS Minutes 701 CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, certain specialized health care services for CCHP members and county recipients under the terms of their Individual and Group Health Plan membership contracts with the County will not be provided. 12-4-18 BOS Minutes 702 RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County Contract #27-704-6 with Diablo Dialysis Access Center, A California Professional Medical Corporation, in an amount not to exceed $750,000, to provide dialysis access services to Contra Costa Health Plan (CCHP) members and County recipients for the period from December 1, 2018 through November 30, 2020. FISCAL IMPACT: This Contract is funded by 100% CCHP Enterprise Fund II. (No rate increase) BACKGROUND: On December 20, 2016, the Board of Supervisors approved Contract #27-704-5 with Diablo Dialysis Access Center, A California Professional Medical Corporation, to provide dialysis access services to CCHP members and County recipients, for the period from December 1, 2016 through November 30, 2018. Approval of Contract #27-704-6 will allow Contractor to continue providing dialysis access services through November 30, 2020. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/04/2018 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Patricia Tanquary, 925-313-6004 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 4, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: N Garcia, M Wilhelm C. 73 To:Board of Supervisors From:Anna Roth, Health Services Director Date:December 4, 2018 Contra Costa County Subject:Contract #27-704-6 with Diablo Dialysis Access Center, A California Professional Medical Corporation 12-4-18 BOS Minutes 703 CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, certain specialized health care services for CCHP members and county recipients under the terms of their Individual and Group Health Plan membership contracts with the County will not be provided. 12-4-18 BOS Minutes 704 RECOMMENDATION(S): ADOPT Resolution No. 2018/579 authorizing operation of the PACE Funding program within the County's jurisdiction. AUTHORIZE the Conservation and Development Director, or designee, to execute the Operating Agreement with the California Statewide Communities Development Authority (CSCDA) to operate the PACE Funding program in the unincorporated area of Contra Costa County. AUTHORIZE the Conservation and Development Director, or designee, to execute the Indemnification and Insurance Agreement with PACE Funding Group, LLC to provide indemnification and insurance protection to the County related to PACE Funding program. FISCAL IMPACT: There is no fiscal impact to the County associated with this item. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/04/2018 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: December 4, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: C. 74 To:Board of Supervisors From:John Kopchik, Director, Conservation & Development Department Date:December 4, 2018 Contra Costa County Subject:PACE Funding Group Property Assessed Clean Energy Financing (PACE) Program 12-4-18 BOS Minutes 705 BACKGROUND: California law allows cities, counties, and other authorized public agencies to establish voluntary financing districts to facilitate energy and water efficiency improvements to existing residential and commercial properties. Such financing is commonly referred to as Property Assessed Clean Energy (PACE) financing. Once established, property owners within the boundaries of such a district can choose to enter into a voluntary agreement and borrow funds from the district to finance eligible improvements on their property. The assessment is then repaid in installments on the property tax bill. The California Statewide Communities Development Authority (CSCDA) is a joint powers authority with the legal authority to establish (PACE) financing districts, and is the public agency sponsor of the PACE Funding program. Contra Costa County is a member agency of CSCDA. CSCDA contracts with PACE Funding Group, LLC, to administer day-to-day operations of the PACE Funding program. On June 16, 2015, the Board of Supervisors approved the recommendation of the Internal Operations Committee to direct the Department of Conservation and Development (DCD) to establish an application process and accept applications from PACE providers to operate within the unincorporated area of the County. The Board also approved the form of an Operating Agreement the County would require PACE providers to enter into with the County as a condition of operations. The purpose of the Operating Agreement is to protect the County and the general public from the potential costs and risks of PACE programs. The Operating Agreement requires PACE providers to participate in the State PACE Loss Reserve Program, disclose financial costs and risks to participating property owners, and indemnify the County from legal claims arising from the operation of PACE programs. CSCDA and PACE Funding Group, LLC, have submitted an application to operate the PACE Funding program in the unincorporated area of the County. Staff has reviewed this application and recommends the Board authorize the PACE Funding program to operate within the County's jurisdiction. The Board of Supervisors has previously authorized three other PACE programs to operate within the County's jurisdiction. If the Board approves the recommended actions, PACE Funding would become the fourth PACE program authorized to operate within the unincorporated area of the County. CONSEQUENCE OF NEGATIVE ACTION: If the Board of Supervisors does not approve the recommended actions, the PACE Funding program will not be able to provide property owners in the unincorporated area of the County with financing for energy and water efficiency improvements to their property. AGENDA ATTACHMENTS Resolution No. 2018/579 Operating Agreement Indemnification and Insurance Agreement MINUTES ATTACHMENTS Signed Resolution No. 2018/579 12-4-18 BOS Minutes 706 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and for Special Districts, Agencies and Authorities Governed by the Board Adopted this Resolution on 12/04/2018 by the following vote: AYE:5 John Gioia Candace Andersen Diane Burgis Karen Mitchoff Federal D. Glover NO: ABSENT: ABSTAIN: RECUSE: Resolution No. 2018/579 RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF CONTRA COSTA CONSENTING TO THE INCLUSION OF PROPERTIES WITHIN THE UNINCORPORATED AREA OF THE COUNTY IN THE CSCDA OPEN PACE PROGRAM KNOWN AS THE PACE FUNDING GROUP PROGRAM; AUTHORIZING THE CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY TO ACCEPT APPLICATIONS FROM PROPERTY OWNERS, CONDUCT CONTRACTUAL ASSESSMENT PROCEEDINGS AND LEVY CONTRACTUAL ASSESSMENTS WITHIN THE UNINCORPORATED AREA OF THE COUNTY; AND AUTHORIZING RELATED ACTIONS. WHEREAS, the California Statewide Communities Development Authority (CSCDA) is implementing Property Assessed Clean Energy (PACE) programs, which it has designated CSCDA Open PACE programs each administered by a separate program administrator (collectively with any successors, assigns, replacements or additions, the "Programs"), to allow the financing or refinancing of renewable energy, energy efficiency, water efficiency and seismic strengthening improvements, electric vehicle charging infrastructure and such other improvements, infrastructure or other work as may be authorized by law from time to time (collectively, the "Improvements") through the levy of contractual assessments pursuant to Chapter 29 of Division 7 of the Streets & Highways Code ("Chapter 29") within counties and cities throughout the State of California that consent to the inclusion of properties within their respective territories in the Programs and the issuance of bonds from time to time; and WHEREAS, the program administrators currently active in administering Programs are AllianceNRG Program (CounterPointe Energy Solutions (CA) LLC), PACE Funding Group LLC, CaliforniaFirst (Renew Financial Group LLC), CleanFund Commercial PACE Capital and Petros PACE Finance and the Authority will notify the County in advance of any additions or changes; and WHEREAS, Chapter 29 provides that assessments may be levied under its provisions only with the free and willing consent of the owner or owners of each lot or parcel on which an assessment is levied at the time the assessment is levied; and WHEREAS, the County desires to allow the owners of property ("Participating Property Owners") within its jurisdiction to participate in the PACE Funding Group program administered by PACE Funding Group, LLC, and to allow the Authority to conduct assessment proceedings under Chapter 29 within its territory and to issue bonds to finance or refinance Improvements; and WHEREAS, the territory within which assessments may be levied for the Programs shall include all of the unincorporated area within the County's official boundaries; and WHEREAS, the Authority will conduct all assessment proceedings under Chapter 29 for the Programs and issue any bonds in connection with the Programs; and WHEREAS, the County will not be responsible for the conduct of any assessment proceedings; the levy of assessments; and required remedial action in the case of delinquencies in such assessment payments; or the issuance, sale or administrations of any bonds issued in connection with the Programs; NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of the County as follows: Section 1. This Board of Supervisor hereby finds and declares that properties in the jurisdiction of the County will benefit from the availability of the PACE Funding Group Program within the jurisdiction of the County and, pursuant thereto, the conduct of special assessment proceedings by the Authority pursuant to Chapter 29 and the issuance of bonds to finance or refinance Improvements. This resolution shall only authorize the PACE Program administered by PACE Funding Group, LLC, known s the PACE Funding Group program, to be available within the unincorporated area of Contra Costa County. Other program administrators under the Open PACE program may be available by the County by adoption of a separate authorizing resolution. Section 2. In connection with PACE Funding Group programs, the County hereby consents to the conduct of special assessment proceedings by the Authority pursuant to Chapter 29 on any property within the jurisdiction of the County and the issuance of bonds to finance or refinance Improvements; provided that The Participating Property Owners, who shall be the legal owners of such property, execute a contract pursuant to Chapter 29 and comply with other applicable provisions of California law in order to accomplish valid levy of assessments; and 1. The County will not be responsible for the conduct of any assessment proceedings; the levy of assessments; any required remedial action in the case of delinquencies in such assessment payments; or the issuance, sale or administration of any bonds issued in connection with the Programs. 2. Section 3. The following staff persons, together with any other staff persons chosen by the Conservation and Development Director of the County from time to time, are hereby designated as the contact persons for the Authority in connection with the Program; Jason Crapo, Deputy Director. Section 4. County staff are authorized to assist Authority staff to facilitate operation of the Programs within the County, including assisting in the levying, collecting, and enforcement of the special tax lien. Section 5. The Board of Supervisors hereby finds that adoption of this Resolution is not a "project" under the California Environmental Quality Act, because the Resolution is a government fiscal activity that does not involve any commitment to a specific project which may result in a potentially significant physical impact on the environment, as contemplated by Title 14, California Code of Regulations, Section 15378(b)(4). Section 6. This Resolution shall take effect immediately upon its adoption. The Clerk of the Board of Supervisors is hereby authorized and directed to transmit a certified copy of this resolution to the Secretary of the Authority at: Secretary of the Board, California Statewide Communities Development Authority, 1400 K Street, Sacramento, CA 958143 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. 12-4-18 BOS Minutes 707 Contact: Jason Crapo, 925-674-7722 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 4, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Jami Napier, Deputy cc: 12-4-18 BOS Minutes 708 12-4-18 BOS Minutes 709 12-4-18 BOS Minutes 710 12-4-18 BOS Minutes 711 12-4-18 BOS Minutes 712 12-4-18 BOS Minutes 713 12-4-18 BOS Minutes 714 12-4-18 BOS Minutes 715 12-4-18 BOS Minutes 716 12-4-18 BOS Minutes 717 12-4-18 BOS Minutes 718 12-4-18 BOS Minutes 719 12-4-18 BOS Minutes 720 12-4-18 BOS Minutes 721 www.pacefunding.com PACE Funding Program Disclosures The California Statewide Communities Development Authority (the "Authority") PACE Funding Program (the "Program") finances installation of renewable energy, energy or water efficiency products, or electric vehicle charging infrastructure that are permanently fixed to a property owner’s real property ("Eligible Products"). Eligible Products will be financed upon the signing of an assessment contract between the Authority and the property owner ("Assessment Contract"). The Authority has retained PACE Funding, LLC ("PACE Funding") to facilitate the Program, and you will see this name throughout the Program materials. The Authority and PACE Funding are referred to collectively therein as "Program Administrator." Disclosures The following describes some (but not all) characteristics and risks of participation in the Program as well as laws to which the Program is subject. A full understanding of any item listed below can be gained only by reviewing the relevant laws, policy statements, and/or the contractual documents related to the Program. The Program Administrator is committed to your understanding each of the items listed below before you enter into an Assessment Contract, and invites you to ask Program representatives any questions regarding these items or if you need copies of any document related to the Program. Program Disclosures and Disclaimers.1. Existing Mortgage. The Program establishes the manner by which the Authority may finance,a. pursuant to Chapter 29 of Part 3 of Division 7 of the California Streets and Highways Code (commencing with Section 5898.10), the installation of Eligible Products. Eligible Products will be financed pursuant to an Assessment Contract between you and the Authority. BEFORE COMPLETING A PROGRAM APPLICATION, YOU SHOULD CAREFULLY REVIEW ANY MORTGAGE AGREEMENT(S) OR OTHER SECURITY INSTRUMENT(S) WHICH AFFECT THE PROPERTY OR TO WHICH YOU AS THE PROPERTY OWNER ARE A PARTY. ENTERING INTO A PROGRAM ASSESSMENT CONTRACT WITHOUT THE CONSENT OF YOUR EXISTING LENDER(S) COULD CONSTITUTE AN EVENT OF DEFAULT UNDER SUCH AGREEMENTS OR SECURITY INSTRUMENTS. DEFAULTING UNDER AN EXISTING MORTGAGE AGREEMENT OR SECURITY INSTRUMENT COULD HAVE SERIOUS CONSEQUENCES TO YOU, WHICH COULD INCLUDE THE ACCELERATION OF THE REPAYMENT OBLIGATIONS DUE UNDER SUCH AGREEMENT OR SECURITY INSTRUMENT. IN ADDITION, FANNIE MAE AND FREDDIE MAC, THE OWNER OF A SIGNIFICANT PORTION OF ALL HOME MORTGAGES, STATED THAT THEY WOULD NOT PURCHASE HOME LOANS WITH ASSESSMENTS SUCH AS THOSE OFFERED BY the Authority. THIS MAY MEAN THAT PROPERTY OWNERS WHO SELL OR REFINANCE THEIR PROPERTY MAY BE REQUIRED TO PREPAY SUCH ASSESSMENTS AT THE TIME THEY CLOSE THEIR SALE OR REFINANCING. If your lender requires an impound for your property taxes, please consider notifying them of the annual assessment payment amount so they can adjust your impound amount. Homeowners Associations. Properties within Homeowners Associations ("HOA") are eligible,b. subject to HOA restrictions. It is the Property Owner(s) sole responsibility to ensure that the installed products meet all HOA requirements. The Program and Program Administrators are not responsible for any claims made by an HOA. If a HOA requires a Property Owner to remove and or modify any improvements financed by the Program, the Property Owner is still responsible for making payments as agreed in the PACE Assessment Contract. Application ID: PACE Funding Program Disclosures ATTACHMENT A 12-4-18 BOS Minutes 722 www.pacefunding.com PACE Funding Program Disclosures Interest Rate. You will be charged a fixed interest rate on your total financed amount. Your interestc. rate will be set at the time your financing documents are issued. Interest rates may change from the approval date to the date the Assessment Contract is signed.. Program Origination Fee. At the time of closing, the Authority will charge you a one-timed. administration fee of 6.99% of the principal amount of the assessment on the Property to cover the costs of administering the Program. This fee will be added to the assessment amount Lien Recording Fee. At the time of closing, the Authority will pass through the assessmente. recording fee of $125.00 to you to cover the costs of recording the assessment. This fee will be added to the assessment amount. Loan Loss Reserve Account. At the time of closing, the Authority will pass through the assessmentf. recording fee of $90.00 to you to cover the costs of maintaining a loss reserve account for all assessments that are recorded under the Program. Foreclosure Expense Reserve Account. At the time of closing, the Authority will pass through theg. foreclosure expense reserve payment of $10.00 to you to cover the costs of participating in the state PACE foreclosure loss recovery program. Annual Assessment Administration Fee. Each year, an annual assessment administrative fee willh. be added to the assessment lien amount on your property tax bill. Currently these costs are $45.00 and there will be adjustments in subsequent years for cost of living increases, not to exceed $95.00. PACE Funding will provide at 90 days advance notice before modifying the Annual Assessment Administration Fee. Interest Before First Payment: Based on the date an assessment is recorded on your property thei. payment of assessment installments may not begin until the following year’s property tax bill. As a result interest will be added to the assessment amount for the period between your closing date and the date of your first assessment payment. The maximum amount of interest will be listed on your Final Payment Summary, which will be provided with your financing documents. Automated Valuation Model Disclosure. You have the right to a copy of the automated valuationj. model (AVM) report used in connection with your application for credit. If you want to obtain a copy, please email or write to us at the address we have provided. We must hear from you no later than 90 days after we provide you with a notice of the action taken on your application or a notice of incompleteness, or in the case of a withdrawn application, 90 days after the withdrawal. An AVM is not an appraisal. It is a computerized property valuation system that is used to derive a real property value. Foreclosure. Not later than October 1 each year, the Authority shall determine whether any annualk. assessment installment is not paid when due and shall have the right and obligation to order that any such delinquent payment, penalties, interest, and associated costs be collected by an action brought in Superior Court to foreclose the lien of such delinquent assessment installment in the manner provided and to the extent permitted by applicable law. Prepayment. You have the option to pay off your assessment in full or in any amount at any time;l. however, partial prepayments in an amount less than $2,500 are subject to a fee for the cost of administering the prepayment and the redemption of bonds. A prepayment is calculated to include the principal amount of the assessment to be prepaid (Assessment Prepayment Amount) and interest on the Assessment Prepayment Amount to the earlier of March 2nd or September 2nd occurring at least 50 days following the date the prepayment is made. No Endorsement, Warranty or Liability. The Authority and the Program do not endorse anym. manufacturer, contractor, product, or system, or in any way warranty such equipment, installation, or Application ID: PACE Funding Program Disclosures 12-4-18 BOS Minutes 723 www.pacefunding.com PACE Funding Program Disclosures the efficiency or production capability of any equipment. The Authority and the Program make no representations and have no responsibility regarding the equipment and its installation, including the quality, safety, cost savings, efficiency or production capability of any equipment; or any compliance of the equipment or its installation with any applicable laws, regulations, codes, standards or requirements. Further, the Authority and the Program shall not be in any way liable for any incidental or consequential damages resulting from the equipment or its installation. Validation. The Program may validate that installed Eligible Products meet Program eligibilityn. requirements including requiring the applicant to provide additional sales receipts, contractor invoices, serial numbers or other identifying details, portions of packages or stickers originally attached to the installed Eligible Products within 30 days of project completion beyond what the Program already requires to be provided. The Program reserves the right to perform independent on- site validation(s) of any Eligible Products financed by the Program up to 90 days after installation even if permit inspections have already been completed. If a validation visit is required, Program staff will schedule any such on-site validation visit with the property owner, at any reasonable time and with reasonable notice. In addition, the Program reserves the right to perform online monitoring of any installed renewable energy systems’ generation data, if applicable, as well the tracking of energy consumption impacts and utility usage for any installed/financed product via property utility bill data for the twelve months preceding and twelve months after project completion. You, by submitting this application, consent to any such onsite validations, online monitoring, and utility bill energy usage analysis. By submitting this application, you also agree to sign the authorization form to participate in utility billing energy usage analysis to measure Program impact savings and participant satisfaction. Patriot Act Disclosure. To help the government fight the funding of terrorism and moneyo. laundering activities, Federal law requires all financial institutions to obtain, verify, and record information that identities each person who opens an account. What this means for you: As part of applying to the Program, the Authority may be required to ask for your name, address, date of birth, and other information that will allow it to identify you. The Authority may also need a copy of the driver's license or other identifying documents from any and all borrowers and guarantors. Communications with Legal Advisers. If you have any questions about any agreements orp. security instruments which affect the Property or to which you are a party, or about your authority to execute the Program Application or enter into an Assessment Contract with the Authority without the prior consent of your existing lender(s), the Program strongly encourages you to consult with your own legal counsel and your lender(s). Program staff cannot provide you with advice about existing agreements or security instruments. Monitoring and Recording Telephone Calls. The Program may monitor or record telephone callsq. for security and customer service purposes. By applying for PACE Funding Financing, you consent to have any phone conversations with the Program recorded or monitored. Application ID: PACE Funding Program Disclosures 12-4-18 BOS Minutes 724 www.pacefunding.com PACE Funding Program Disclosures Property Owner Signature(s) I declare that (i) I have received, read and understand the risks and characteristics of the Program described in the Property Owner Acknowledgments and Disclosures set forth in this Application and (ii) I have been informed that I must take the sole responsibility to satisfy myself that executing the Assessment Contract, receiving financing for Eligible Products, and consenting to the assessment levied against the Property will not constitute a default under any other agreement or security instrument (specifically the terms of any mortgage on the Property) which affects the Property or to which I am a party. Property Owner 1 Signature: __________________________________ Date:________________ Printed Name: Application ID: PACE Funding Program Disclosures 12-4-18 BOS Minutes 725 T: (844) USE - PACE F: 408-317-0381 www.pacefunding.com PACE Funding Right to Cancel Notification of Your Right to Cancel You are entering into an Assessment Contract with the California Statewide Communities Development Authority (the "Authority") for PACE Funding Financing under the PACE Funding Program (the "Program") that will result in a lien on the property at the below address. Under the Program, you may cancel this transaction, without cost, within three (3) business days from the date on which you signed the Assessment Contract. Property Owner(s): Property Address: Property Owner(s) Acknowledgement of Receipt I/we, the undersigned, acknowledge reading and receiving a complete copy of this Right to Cancel. Property Owner 1 Signature:_________________Date: City: State: Zip: Application ID: Application Date: Assessment Contract Date: Expiration Date: Printed Name: Application ID: PACE Funding Right to Cancel 12-4-18 BOS Minutes 726 T: (844) USE - PACE F: 408-317-0381 www.pacefunding.com PACE Funding Right to Cancel How to Cancel If you decide to cancel this transaction, you must notify the Authority in writing at: PACE Funding Group, LLC 750 University Ave. #240 Los Gatos, CA, 95032 contracts@pacefunding.com You may use any written statement that is signed and dated by you and states your intention to cancel, or you may use this notice by dating and signing below. Please keep a copy of this notice for your records. If you cancel by mail, fax, or email, you must send the notice no later than midnight of the third business day following the date on which you signed the Assessment Contract. If you send or deliver your written notice to cancel some other way, it must be delivered to the above address no later than the time indicated above. I/We Wish to Cancel ONLY SIGN HERE IF YOU ARE CANCELLING YOUR FINANCING. Property Owner 1 Signature::___________________Date: Application ID: PACE Funding Right to Cancel Printed Name: 12-4-18 BOS Minutes 727 Agree to receive disclosures electronically Before we may provide disclosures in an electronic format, we must obtain your consent. Carefully review the agreement, and select the "I Accept" button. This agreement is only for the receipt of disclosures, not for the content of disclosures themselves. Your Consent To Do Business Electronically The assessment for which you are applying involves various disclosures, records, and documents ("Assessment Documents"), including this Agreement. The purpose of this Agreement is to obtain Your consent to receive certain Assessment Documents from Us in electronic form rather than in paper form with Your consent, You will also be able to sign and authorize these Assessment Documents electronically, rather than on paper. Before We can engage in this transaction electronically, it is important that You understand Your rights and responsibilities. Please read the following and affirm Your consent to conduct business with Us electronically. For purposes of this Agreement, "Assessment Documents" means the Assessment Documents related to this transaction that are provided electronically, "You" and "Your" mean the borrower(s) under the applicable assessment to which such Assessment Documents apply, and "We", "Our" and "Us" mean the applicable mortgage broker(s), assessment processor(s) or mortgage banker(s) with whom You are transacting business for such assessment(s). SYSTEM REQUIREMENTS In order to receive Assessment Documents electronically, You must have a computer with Internet access and an Internet email account and address: an Internet browser using 128-bit encryption or higher, Adobe Acrobat 7.0 or higher. SSL encryption and access to a printer or the ability to download information in order to keep copies of Your Assessment Documents for Your records. If the software or hardware requirements change in the future, and You are unable to continue receiving Assessment Documents electronically, paper copies of such Assessment Documents will be mailed to You, once You notify Us that You are no longer able to access the Assessment Documents electronically because of the changed requirements. We will use commercially reasonable efforts to notify You before such requirements change. If You choose to withdraw Your consent upon notification of the change. You will be able to do so without penalty. HOW WE CAN REACH YOU You must promptly notify Us if there is a change in Your email address or in other information needed to contact You electronically. You can contact us at: Phone: 844-USE-PACE We will not assume liability for non-receipt of notification of the availability of Assessment Documents electronically in the event Your email address on file is invalid; Your email or Internet service provider filters the notification as "spam" or "junk mail’: there is a malfunction in Your computer, browser, Internet service and/or software; or for other reasons beyond Our control. Please initial at the bottom of the page to consent to do business electronically. Address: 750 Univeristy Ave., Suite 240, Los Gatos, CA, 95032 12-4-18 BOS Minutes 728 Truth in Lending Disclosures 1 T: (844) USE - PACE F: 408-317-0381 www.pacefunding.com Property Owner(s) Information Property Owner(s): [Owner1 and Owner2] Property Value (AVM): [PropertyValuation] Property Address: [PropertyStreetAddress] City: [PropertyCityAddress] State: [PropertyState] Zip: [PropertyZIP] Application ID: [ProjectID] Application Date: [TodayDate] Assessment Contract Date: [TodayDate] Expiration Date: [[TodayDate] + 120 days] PACE Funding Eligible Products Eligible Product(s) Requested Product Amount Product 1: [ProjectType1] [ProjectCost1] Product 2: [ProjectType2] [ProjectCost2] Product 3: [ProjectType3] [ProjectCost3] Product 4: [ProjectType4] [ProjectCost4] Product 5: [ProjectType5] [ProjectCost5] Total Maximum Requested Project Amount: [TotalProjectCost] Financing Summary Your payments will be added to your property tax bill for [term] years. If your project is completed as evidenced by a fully- executed Completion Certificate on or before June 15, 20XX, your first payment will be included on your November 20XX tax bill. If your project funds after June 15, 20XX, your first payment will be included on your November 20XX tax bill. The following terms are estimates and are subject to change upon completion of work. This summary does not include tax deductions or energy savings. Estimated payment information on this document assumes all documentation is approved on [ExpectedCompletionDate] Term: [Term] Total Financed Amount (Assessment): [TotalProjectCost] Interest Rate: [Rate] Total Interest: [CapInterest] Annual Percentage Rate: [APR] Total Assessment Obligation Amount: [Assessment] Annual Amount Added to Property Tax Bill: [AnnualPayment] Annual Administrative Fee: [AnnualAdminFee] Total Estimated Administrative Expenses: [AdminFeeTotal] ATTACHMENT B 12-4-18 BOS Minutes 729 Truth in Lending Disclosures 2 T: (844) USE - PACE F: 408-317-0381 www.pacefunding.com Upfront Costs Totals Program Origination: [Origination] Total Project Amount: [TotalProjectCost] Lien Recording: [LienFee] Plus Total Fees and Capitalized Interest Included in Financed Amount: [Upfront Costs] Loan Loss Reserve Account: [LoanLossReserve] Equals Total Financed Amount: [Assessment] Foreclosure Expense Reserve Account: [ReserveAccount] Notes: First Year Annual Administrative Fee: [AnnualAdminFee] a) This transaction will result in a lien being placed on the property identified above. b) If you pay early, you may have to pay a penalty c) fee. d) See your contract documents for additional information regarding non-payment, default, required repayment in full before scheduled date, and prepayment penalties. Capitalized Interest: [CapInterest] Other Considerations & Acknowledgements Assumption If you sell or transfer this property to another person, we will allow this person to assume this financing on the original terms. I understand that if I refinance my home, my mortgage company may require me to pay off the remaining balances on this PACE assessment before refinancing the mortgage. Property Owner 1:_______ Property Owner2: _______ Payments Your payments will be added to your property tax bill. Whether you pay your property taxes through your mortgage payment, using an impound account, or if you pay them directly to the tax collector, you need to save an estimated $[AnnualPayment] for your first payment in November 2016. After your first payment, if you pay your property taxes through an impound account, your monthly mortgage payment should adjust to cover your increased property tax bill. Property Owner 1:_______ Property Owner2: _______ Tax Benefits Consult your tax advisor regarding tax credits, tax deductibility, and other tax benefits of PACE financing. You are responsible for submitting appropriate documents with your tax return. Property Owner 1:_______ Property Owner2: _______ Late Payments If your tax payment is late, you are subject to penalties and late fees established by the tax collector. Property Owner 1:_______ Property Owner2: _______ Contractor Fee I understand that the contractor is paying PACE Funding a fee of $X,XXX.XX to offer me this rate. Property Owner 1:_______ Property Owner2: _______ Insurance I understand that this home improvement project may add value to the property and that it is my sole responsibility to contact my home insurance provider to determine whether the improvement to be financed by the PACE assessment is covered by my current insurance plan. Property Owner 1:_______ Property Owner2: _______ 12-4-18 BOS Minutes 730 Truth in Lending Disclosures 3 T: (844) USE - PACE F: 408-317-0381 www.pacefunding.com Property Owner(s) Acknowledgement of Receipt I/we, the undersigned, acknowledge reading and receiving a complete copy of this PACE Funding Financing Statement and Summary. Property Owner 1 Signature: __________________________________ Date: [TodaysDate]__ Printed Name: [Owner1] Property Owner 2 Signature: _: __________________________________ Date: [TodaysDate]__ Printed Name: [Owner2] 12-4-18 BOS Minutes 731 EXHIBIT 1 CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY OPEN PACE PROGRAM ASSESSMENT CONTRACT RECITALS WHEREAS, the Authority is a joint exercise of powers authority, the members of which include numerous cities and counties in the State of California; WHEREAS, the Authority has established the California Statewide Communities Development Authority Open PACE Program (the "Program") to allow the financing or refinancing of certain distributed generation renewable energy sources, energy efficiency improvements, water efficiency improvements, seismic strengthening improvements, electric vehicle charging infrastructure and such other work, infrastructure or improvements as may be authorized by law from time to time that are permanently fixed to real property (the "Authorized Improvements") through the levy of contractual assessments pursuant to Chapter 29 of Division 7 of the California Streets & Highways Code ("Chapter 29") and the issuance of improvement bonds under the Improvement Bond Act of 1915 (California Streets and Highways Code Section 8500 and following) (the "1915 Act") upon the security of the unpaid contractual assessments; WHEREAS, Chapter 29 provides that assessments may be levied under the provisions thereof only with the free and willing consent of the owner of each lot or parcel on which an assessment is levied at the time the assessment is levied pursuant to a contract between the property owner and the public agency; WHEREAS, the Authority has conducted the proceedings required by Chapter 29 with respect to the territory within the boundaries of the City or County identified in Exhibit A (the "Participating Entity"); WHEREAS, the Authority has appointed PACE Funding Group LLC, as a program administrator (together with any successors thereto, the "Program Administrator") for the Program as it pertains to this Contract; WHEREAS, the Property is located in the boundaries of the Participating Entity, and the Participating Entity has consented to (a) owners of property within its jurisdiction (the "Participating Property Owners") participating in the Program and (b) the Authority conducting assessment proceedings under Chapter 29 and issuing bonds under the 1915 Act to finance or refinance the Authorized Improvements; and WHEREAS, pursuant to Chapter 29, the Authority and the Property Owner desire to enter into this Contract, pursuant to which the Property Owner will agree to pay an assessment in order to finance or refinance the installation of the Authorized Improvements described in Exhibit B (the "Improvements") and the Authority will agree to provide financing, all on the terms set forth in this Contract; NOW, THEREFORE, in consideration of the foregoing and the material covenants hereinafter contained, the Property Owner and the Authority formally covenant, agree and bind themselves and their successors and assigns as follows: uSign Envelope ID: 7F8650CA-25B2-4A02-A701-270F5D08D5B7 THIS ASSESSMENT CONTRACT (this "Contract"), dated as of ______________, is by and between the California Statewide Communities Development Authority (the "Authority"), and the record owner[s], _______________ (the "Property Owner") of the fee interest in the real property described on Exhibit A (the "Property"). ATTACHMENT C 12-4-18 BOS Minutes 732 AGREEMENT Section 1. Purpose. The Property Owner and the Authority are entering into this Contract for the purpose of financing or refinancing the installation of the Improvements identified on Exhibit B. Section 2. The Property. This Contract relates to the Property, which is described on Exhibit A. The Property Owner has provided to the Authority evidence that the Property Owner is the owner of the fee interest in the Property and possesses all legal authority necessary to execute this Contract. The Property Owner agrees not to suffer or permit any change in such ownership or legal authority prior to completion of the Improvements. Section 3. Assessment; Bonds;Installment;Prepayment;Collection. (a). The Assessment. The Property Owner hereby freely and willingly agrees that an assessment in the amount specified in Exhibit B (the "Assessment") shall be levied by the Authority on the Property pursuant to Chapter 29. The Assessment set forth in Exhibit B is an estimate only and will be modified and finalized by means of an Addendum to this Contract in substantially the form set forth as Exhibit C hereto (the "Addendum") upon completion of the Improvements. If no Addendum is required then the estimated Assessment set forth in Exhibit B shall become the final Assessment upon completion of the Improvements. The amount of the Assessment shall be the amount specified in Exhibit B, which includes an amount to pay the costs of the Improvements, an amount to pay incidental expenses and, if so specified in Exhibit B, an amount for capitalized interest on bonds to be issued. The Property Owner acknowledges and agrees that the amount of the Assessment does not exceed the special benefit conferred on the Property by the installation of the Improvements thereon. (b). Bonds. The Authority hereby determines that serial bonds, term bonds or both (the "Bonds") shall be issued as provided in the 1915 Act to represent and be secured by the Assessment to pay the cost of the Improvements. The per annum interest rate borne by the Bonds shall not exceed the Maximum Interest Rate specified in Exhibit B. The final maturity date of the Bonds shall be no later than the Final Maturity Date specified in Exhibit B. (c). Interest; Assessment Installments. Interest on the Assessment shall begin to accrue as of the date on which the Improvements are completed (as evidenced by a fully-executed "Completion Certificate"), and shall be computed at the Maximum Interest Rate. For the period of time between when the Completion Certificate is signed by the Property Owner and September 2, 2019, the accrued interest will be calculated at the Maximum Interest Rate, capitalized and included in the amount of the Assessment ("Capitalized Interest"). The unpaid Assessment shall be payable in annual installments corresponding in number and in a proportionate amount to the number of installments and principal amount of Bonds maturing or becoming subject to mandatory prior redemption in each year. An annual proportion of the Assessment shall be payable in each fiscal year preceding the date of maturity or mandatory prior redemption date of each of the Bonds, sufficient to pay the pro rata share of the Bonds when due. (d). Collection. The annual proportion of the Assessment coming due in any year, together with the annual interest thereon, shall be payable in the same manner and at the same time and in the same installments as the general taxes on real property are payable, and have the same priority, become delinquent at the same time and in the same proportionate amounts and bear the same proportionate penalties and interest after delinquency as do the general taxes on real property. (e). Administrative Expenses. In addition to the annual installment of the Assessment described in subsection (c) of this Section, the Authority shall, in accordance with and subject to the limitations contained in Section 8682 and Section 8682.1 of the 1915 Act, add thereto amounts in order to pay for the costs of collecting the Assessment, the annual administration of the Assessment, the annual administration of the Bonds and other administrative costs (the "Annual Assessment Administrative Fee"). DocuSign Envelope ID: 7F8650CA-25B2-4A02-A701-270F5D08D5B7 12-4-18 BOS Minutes 733 (f). Prepayment of the Assessment. The Assessment may be prepaid, in whole or in any amount at any time upon the payment of (i) the amount of any delinquent installments of principal or interest on the Assessment, together with penalties accrued to the date of prepayment, plus (ii) the whole or a portion of the unpaid non-delinquent principal of the Assessment (the "Assessment Prepayment Amount"), plus (iii) interest on the Assessment Prepayment Amount to the earlier of March 2 or September 2 occurring at least 50 days following the date the prepayment is made, plus (iv) an amount equal to the redemption premium, if any, necessary to redeem the principal amount of Bonds corresponding to the amount of the Assessment Prepayment Amount, plus (v) a reasonable fee, if charged by the Authority or Program Administrator, for the cost of administering the prepayment and the redemption of bonds, which shall be waived if the prepayment amount is at least $2,500. (g). No Reduction or Offset. The Property Owner hereby acknowledges and agrees that the Assessment will not be subject to reduction, offset or credit of any kind in the event that the Improvements fail to perform in any way or for any reason. Section 4. Lien; Foreclosure. (a). Lien. The Assessment, and each installment thereof and the interest and penalties thereon shall constitute a lien against the Property until they are paid, which lien shall be coequal to and independent of the lien for general taxes. (b). Foreclosure. The Property Owner acknowledges and agrees that if any Assessment installment is not paid when due, the Authority has the right to have such delinquent installment and its associated penalties and interest stripped off of the secured property tax roll and immediately enforced through a judicial foreclosure action that could result in a sale of the Property for the payment of the delinquent installments, associated penalties and interest, and all costs of suit, including attorneys’ fees. The Property Owner acknowledges that the Authority may obligate itself, through a covenant with the owners of the Bonds, to exercise its judicial foreclosure rights with respect to delinquent Assessment installments in the manner and within the time frame specified in such covenant. Section 5. Financing or Refinancing of the Improvements. The parties hereby agree that the net proceeds of the Bonds allocable to the Assessment shall be used to finance or refinance the Improvements. Section 6. Term; Contract Runs with the Land; Division. Except as otherwise set forth in this Contract, this Contract shall expire upon the final payment or prepayment of the Assessment. (a). This Contract establishes rights and obligations that are for the benefit of the Property and, therefore, such rights and obligations run with the land pursuant to Civil Code Section 1462. (b). The obligation to pay the Assessment is an obligation of the Property and no agreement or action of the Property Owner shall be competent to impair in any way the Authority’s rights, including, but not limited to, the right to pursue judicial foreclosure of the Assessment lien or the right to enforce the collection of the Assessment or any installment thereof against the Property. (c). In the event the Property is divided while the Assessment remains unpaid and all of the special benefit of the Improvements remain with one subdivided parcel, then such parcel shall be apportioned 100% of the Assessment. In the event the Property is divided while the Assessment remains unpaid and all of the special benefit of the Improvements does not remain with one subdivided parcel, then the Assessment shall be prepaid in accordance with the terms hereof. Section 7. Recordation of Documents. The Authority shall record or cause to be recorded in uSign Envelope ID: 7F8650CA-25B2-4A02-A701-270F5D08D5B7 12-4-18 BOS Minutes 734 the office of the County Recorder the various notices and other documents required by Chapter 29 and other applicable laws to be recorded against the Property. Section 8. Notice. To the extent required by applicable Law, the Property Owner shall provide written notice to any subsequent purchaser of the Property, or a portion thereof, of the obligation to pay the Assessment. Section 9. Waivers, Acknowledgement and Contract. (a). Since the Assessment is voluntary and imposed, in accordance with Chapter 29, pursuant to this Contract, the Property Owner hereby waives any otherwise applicable requirements of Article XIIID of the California Constitution, or any other provision of California law, for an engineer’s report, notice, public hearing, protest or ballot. (b). The Property Owner hereby waives its right to repeal the Assessment by initiative or any other action, or to file any lawsuit or other proceeding to challenge any aspect of the Assessment or any aspect of the proceedings of the Authority undertaken in connection with the Program. The Property Owner hereby agrees that the Property Owner and its successors in interest to fee title in the Property shall be solely responsible for the installation, operation and maintenance of the Improvements. The Property Owner hereby acknowledges that the Property will be responsible for payment of the Assessment regardless of whether the Improvements are properly installed, operated, maintained or perform as expected. (c). The Property Owner hereby agrees that the Authority is entering into this Contract solely for the purpose of assisting the Property Owner with the financing or refinancing of the installation of the Improvements, and that neither the Authority nor the Participating Entity has any responsibility of any kind for, and shall have no liability arising out of, the installation, operation, financing, refinancing, maintenance or performance of the Improvements. The Property Owner hereby waives the right to recover from and fully and irrevocably releases the Authority, the Participating Entity and any and all agents, employees, program administrators, attorneys, representatives and successors and assigns of the Authority and the Participating Entity from any and all losses, liabilities, claims, damages (including consequential damages), penalties, fines, forfeitures, costs and expenses (including all reasonable out-of- pocket litigation costs and reasonable attorney’s fees), relating to the subject matter of this Contract that the Property Owner may now have or hereafter acquire against the Authority, the Participating Entity and any and all agents, employees, program administrators, attorneys, representatives and successors and assigns of the Authority or the Participating Entity. (d). To the extent that the foregoing waivers and agreements are subject to Section 1542 of the California Civil Code or similar provisions of other applicable law, it is the intention of the Property Owner that the foregoing waivers and agreements will be effective as a bar to any and all losses, liabilities, claims, damages (including consequential damages), penalties, fines, forfeitures, costs and expenses (including all reasonable out-of-pocket litigation costs and reasonable attorney’s fees), of whatever character, nature and kind, known or unknown, suspected or unsuspected, and Property Owner agrees to waive any and all rights and benefits conferred upon the Property Owner by the provisions of Section 1542 of the California Civil Code or similar provisions of applicable law. Section 1542 reads as follows: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." DocuSign Envelope ID: 7F8650CA-25B2-4A02-A701-270F5D08D5B7 12-4-18 BOS Minutes 735 BY INITIALING BELOW, OWNER HEREBY WAIVES THE PROVISIONS OF SECTION 1542 SOLELY IN CONNECTION WITH THE MATTERS WHICH ARE THE SUBJECT OF THE FOREGOING WAIVERS AND RELEASES. Property Owner 1 Initials: (e). Property Owner hereby represents that the total amount of all current annual property taxes and assessments on the Property, including the Assessment, does not exceed five percent (5%) of the Property's current market value. (f). The waivers, releases, representations and agreements set forth in this Section shall survive termination of this Contract. Section 10. Indemnification. (a). The Property Owner agrees to indemnify, defend, protect, and hold harmless the Authority, the Participating Entity and any and all agents, employees, program administrators, attorneys, representatives and successors and assigns of the Authority or the Participating Entity, from and against all losses, liabilities, claims, damages (including consequential damages), penalties, fines, forfeitures, costs and expenses (including all reasonable out-of-pocket litigation costs and reasonable attorney’s fees) and any demands of any nature whatsoever related directly or indirectly to, or arising out of or in connection with (i) the Property Owner’s participation in the Program, (ii) the Assessment, (iii) the Improvements, or (iv) any other fact, circumstance or event related to the subject matter of this Contract, regardless of whether such losses, liabilities, claims, damages (including consequential damages), penalties, fines, forfeitures, costs and expenses (including all reasonable out-of-pocket litigation costs and reasonable attorney’s fees) accrue before or after the date of this Contract. (b). The provisions of this Section shall survive the termination of this Contract. Section 11. Right to Inspect Property. The Property Owner hereby grants the Authority, its agents and representatives the right to enter at any reasonable time, upon reasonable notice, to inspect the Improvements. The Property Owner further hereby grants the Authority, its agents and representatives the right to examine and copy any documentation relating to the Improvements. Section 12. Carbon Credits. The Property Owner hereby agrees that any carbon credits attributable to the Improvements shall be owned by PACE Funding Group LLC or its assignee. Section 13. Program Application. The Property Owner hereby represents and warrants to the Authority that the information set forth in the Program Application submitted to the Authority in connection with its request for financing is true and correct as of the date hereof, and that the representations set forth in the Program Application with respect to the Property and the Property Owner are true and correct as of the date hereof as if made on the date hereof. Section 14. Amendment. This Contract may be modified or amended only by means of the Addendum or another written agreement of the Authority and the Property Owner. Section 15. Binding Effect; Assignment. This Contract inures to the benefit of and is binding upon the Authority, the Property Owner and their respective successors and assigns. The Authority has the right to assign any or all of its rights and obligations under this Contract without the consent of the DocuSign Envelope ID: 7F8650CA-25B2-4A02-A701-270F5D08D5B7 12-4-18 BOS Minutes 736 Property Owner. The Authority intends to delegate certain of its functions under this Contract to the Program Administrator and may pledge and assign this Contract to a trustee as security for the Bonds. Section 16. Exhibits. Exhibits A, B and D attached to this Contract, and modified and finalized by an Exhibit C Addendum, if any, are incorporated into this Contract by this reference as if set forth in their entirety in this Contract. Section 17. Severability. If any provision of this Contract is held invalid or unenforceable by any court of competent jurisdiction, such holding will not invalidate or render unenforceable any other provision of this Contract. Section 18. Corrective Instruments. The Authority and the Property Owner shall, from time to time, execute, acknowledge and deliver, or cause to be executed, acknowledged and delivered, such supplements hereto and such further instruments as may reasonably be required in order to carry out the expressed intention of this Contract. Section 19. Governing Law: Venue. This Contract shall be construed in accordance with and governed by the laws of the State of California applicable to contracts made and performed in the State of California. This Contract shall be enforceable in the State of California, and any action arising hereunder shall (unless waived by the Authority in writing) be filed and maintained in the Superior Court of California, County of SACRAMENTO; provided, however, that actions to foreclose delinquent installments of the Assessment shall be filed and maintained in the Superior Court of California in the County identified in Exhibit A. Section 20. Counterparts. This Contract may be executed in several counterparts, each of which is an original and all of which constitutes one and the same instrument. Section 21. Monitoring and Recording of Telephone Calls. The Program may monitor and/or record telephone calls for security and customer service purposes. By agreeing to this Contract the Property Owner agrees to have his, her or its telephone calls with the Program recorded. Section 22. Electronic Signatures. (a). The parties hereto acknowledge and agree that this Contract may be executed by one or more electronic means ("Electronic Signatures"). Each party hereto agrees that Electronic Signatures provided by such party shall constitute effective execution and delivery of this Contract by such party to all other parties to or relying on this Contract. Each party hereto agrees that Electronic Signatures shall constitute complete and satisfactory evidence of the intent of such party to be bound by those signatures and by the terms and conditions of this Contract as signed. Each party hereto agrees that Electronic Signatures shall be deemed to be original signatures for all purposes. (b). Each party hereto agrees to accept Electronic Signatures provided by any and all other parties to this Contract as (i) full and sufficient intent by such parties to be bound hereunder, (ii) effective execution and delivery of this Contract, and (iii) constituting this Contract an original for all purposes, without the necessity for any manually signed copies to be provided, maintained or to exist for back up or for any other purpose. (c). If Electronic Signatures are used to execute this Contract, each party hereto hereby accepts the terms of, and intends and does sign, this Contract by its Electronic Signature hereto. Section 23. Contract Documents. 12-4-18 BOS Minutes 737 (a). The Property Owner acknowledges and agrees that the entire agreement between Property Owner and the Authority includes each and every document specified in the List of Documents contained in Exhibit A (collectively, the "Contract Documents"). (b). By executing this Contract, the Property Owner acknowledges and agrees that: (i). The Property Owner has had sufficient time to review and has reviewed each of the Contract Documents and has had the opportunity to ask any questions of the Authority that Property Owner may have regarding such Contract Documents; (ii). The Property Owner has reviewed, understands and agrees to each and every additional requirement and term contained in Appendix B to the Program Handbook (as defined in Exhibit A to this Contract, the "Program Handbook"); (iii). The Property Owner has reviewed, understands, agrees to and affirms each and every representation and warranty contained in the Property Owner’s application and the Program Handbook; and (iv). Prior to executing this Contract has read and understands the Property Owner’s Acknowledgments and Disclosures contained in the (A) Application, (B) this Contract, (C) the Privacy Notice, (D) the Program Handbook, and (E) the Notification of Your Right to Cancel. Section 25. Mortgage Lender Treatment of PACE Assessments. The Property Owner acknowledges that certain mortgage lenders may prohibit homeowners from participating in PACE programs such as the Authority’s Program. See Exhibit D hereto for certain general information concerning such restrictions. Section 26. Reassessment Disclaimer. The Property Owner acknowledges and understands that installation of the Improvements on the Property may cause the property to be reassessed for property tax purposes, and neither the Authority nor the Program Administrator have any duty, obligation or intention of providing such reassessment information to the Property Owner. The Property Owner acknowledges and understands that it is the Property Owner’s responsibility to understand what state and local reassessment rules and regulations, and exclusions therefrom, apply to the Property and the Improvements. The Property Owner may obtain additional information from the State Board of Equalization at www.boe.ca.gov ocuSign Envelope ID: 7F8650CA-25B2-4A02-A701-270F5D08D5B7 Section 24. Execution and Return of Contract. The Property Owner must execute and return this Contract to the Authority at the address set forth in the "Notice Information" section of Exhibit A so that it is received by the Authority not later than ___________ ___, 20__. If the Property Owner fails to return thisContract so executed to the Authority by the indicated date, the Program reserves the right to require theProperty Owner to enter into a new Contract. The signature of each person signing as or on behalf of theProperty Owner must be notarized by a duly licensed notary unless all such persons have previouslysuccessfully completed the identity verification process approved by the Authority. 12-4-18 BOS Minutes 738 IN WITNESS WHEREOF, the Authority and the Property Owner have caused this Contract to be executed in their respective names by their duly authorized representatives, all as of the Effective Date. The "Effective Date" is defined as the last date entered with the signatures of the parties below. Property Owner 1: Authority: Authorized Signatory CSCDA Name: Signature Date of Execution By Authority DocuSign Envelope ID: 7F8650CA-25B2-4A02-A701-270F5D08D5B7 ________________Signature: Date (Month/Day/Year): Identity Verification Code: 12-4-18 BOS Minutes 739 EXHIBIT A DESCRIPTION OF PROPERTY, NOTICE INFORMATION AND LIST OF CONTRACT DOCUMENTS Description of Property: Notice Information: PACE Funding Group, LLC 750 University Ave. #240 Los Gatos, CA, 95032 contracts@pacefunding.com List of Contract Documents: This Contract shall consist of the following documents: This Contract and the exhibits hereto and any Addendum hereto;1. The Application;2. The Completion Certificate;3. The Assessment Cost and Payment Summary;4. The Notice of Assessment;5. The Payment of Contractual Assessment Required;6. The Program Handbook (CSCDA Program), Version 060116, dated June 1, 2016; and7. The Program website located at pacefunding.com.8. DocuSign Envelope ID: 7F8650CA-25B2-4A02-A701-270F5D08D5B7 Property Owner(s) Name(s): Property Address: APN(s): Legal Description: Participating Entity: County: Property Owner Name Address City, State, Zip email address 12-4-18 BOS Minutes 740 EXHIBIT B DESCRIPTION OF IMPROVEMENTS, DISBURSEMENT, AND SCHEDULE OF ANNUAL ASSESSMENT INSTALLMENTS, INCLUDING PRINCIPAL, INTEREST AND ANNUAL ASSESSMENT ADMINISTRATIVE FEE Description of Improvements: The Improvements consist of the following: Project Type Manufacturer Model SKU Quantity Units Cost Assessment: Disbursement: Funds equal to the cost of the Improvements will be disbursed directly to the Participating Contractor (set forth in Exhibit A) on behalf of the Proper Owner(s) within 5 business days of the execution of the Completion Certificate. Maturity and Interest Rate: DocuSign Envelope ID: 7F8650CA-25B2-4A02-A701-270F5D08D5B7 Participating Contractor: Total The amount of the Assessment is $___________ (the "Assessment Amount"), of which $_____________ is allocableto the cost of the Improvements, $_________ is allocable to incidental expenses and $________ is allocableto capitalized interest. 1. The Final Maturity Date of the Bonds shall be no later than September 02, 20___. 2. The Assessment bears interest at a rate equal to Maximum Interest Rate of the Bonds, which is _____%. 4. 4.The total administrative fees, recording fees and other fees and costs added to your assessment is $__________. 3. The Annual Percentage Rate (APR) attributable to the Assessment is ____%. APR is the Effective Cost of Credit in consumer loans and real estate loans expressed as a percentage interest rate. The annual percentage rate is the interest rate the borrower actually pays, including fees required in order to participate in the Program. 12-4-18 BOS Minutes 741 Tax Year (commencing July 1)Interest Principal Total Assessment Annual Administrative Assessment Fee* Total Estimated Contractual Assessment Payment * Estimated, will remain subject to change UPON THE ISSUANCE OF THE BONDS, THE ACTUAL ANNUAL ASSESSMENT INSTALLMENTS WILL BE DETERMINED IN ACCORDANCE WITH THE 1915 ACT, AS DESCRIBED IN THIS CONTRACT. THESE FINAL INSTALLMENTS WILL NOT EXCEED THE TOTAL ASSESSMENT PAYMENT LISTED ABOVE, BUT THE ANNUAL ADMINISTRATIVE ASSESSMENT FEES LISTED ABOVE MAY CHANGE. THE SCHEDULE OF ANNUAL ASSESSMENT INSTALLMENTS SHALL BE SPECIFIED IN THE "PAYMENT OF CONTRACTUAL ASSESSMENT REQUIRED" TO BE RECORDED BY THE AUTHORITY IN THE OFFICE OF THE COUNTY RECORDER OF THE COUNTY OF SACRAMENTO. Prepayment: The Assessment may be prepaid, in whole or in part, as described in Section 3(f) of this Contract. DocuSign Envelope ID: 7F8650CA-25B2-4A02-A701-270F5D08D5B7 Total $ 12-4-18 BOS Minutes 742 EXHIBIT C CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY OPEN PACE PROGRAM ADDENDUM TO THE ASSESSMENT CONTRACT Addendum No. 1 RECITALS: WHEREAS, the Authority and Property Owner have executed the Contract to finance the Improvements installed at the Property; and WHEREAS, (i) the Improvements, Improvement types, Improvement categories and/or other information appearing in Exhibit B to the contract differ from those appearing in this Addendum, and/or (ii) the Assessment Amount and/or other information appearing in this Addendum differ from those originally listed in Exhibit B; and NOW, THEREFORE, in consideration of the premises and the mutual agreements contained herein, the parties hereto agree as follows: Defined Terms. Capitalized terms used in this Addendum and not otherwise defined herein shall1. have the meanings given to them in the Contract. Addendum.2. The information listed in this Addendum as Schedule 1 hereto shall replace in its entiretya. the information listed in Exhibit B to the Contract, and shall become Exhibit B to the Contract as if it originally appeared therein. If there are any inconsistencies between Exhibit A to the Contract and Schedule 1 to this Addendum, Schedule 1 to this Addendum shall govern. The updates and clerical corrections and other additional or modified information (if any)b. appearing in the signature block of this Addendum or elsewhere shall supersede and take precedence over those originally appearing in the Contract and shall become part of, and be incorporated into, the Contract as if they originally appeared therein. Miscellaneous. The existing Contract, as amended by this Addendum, remains in full force and3. effect. Any reference to the Contract from and after the date hereof shall be deemed to refer to the Contract as amended hereby. Representations and Warranties.4. Property Owner hereby represents and warrants that (i) the terms, conditions anda. information contained in this Addendum are true and correct, and (ii) the Property Owner affirmatively authorized installation of the Improvements identified herein and in the fully executed and final Completion Certificate. Property Owner hereby confirms that (i) each of its representations, warranties andb. All terms set forth below in this Addendum (i) shall supersede and take precedence over any term in the Assessment Contract by and between the California Statewide Communities Development Authority, a joint exercise of powers authority (the "Authority"), and _____________________ (the "PropertyOwner") entered into on the Effective Date (defined within the Assessment Contract) (the "Contract") that conflicts with, is not covered by, or is otherwise inconsistent with, the terms set forth herein and (ii) shall become part of, and be incorporated into, the Contract, including Exhibit B thereto, as if they originally appeared therein. For the avoidance of doubt, any updates and clerical corrections appearing below in this Addendum shall become part of, and be incorporated into, the Contract as if they originally appeared therein. 12-4-18 BOS Minutes 743 covenants set forth in the Contract, after giving effect to this Addendum is true and correct as of the date first written above with the same effect as though each has been made as of such date, and (ii) all terms and conditions of the Contract shall remain in full force and effect and the Property Owner hereby ratifies the obligations there under. 12-4-18 BOS Minutes 744 SCHEDULE 1 (replacing Exhibit B to the Assessment Contract) DESCRIPTION OF IMPROVEMENTS, DISBURSEMENT, AND SCHEDULE OF ANNUAL ASSESSMENT INSTALLMENTS, INCLUDING PRINCIPAL, INTEREST AND ANNUAL ASSESSMENT ADMINISTRATIVE FEE Description of Improvements: The Improvements consist of the following: Project Type Manufacturer Model SKU Quantity Units Cost Assessment: Disbursement: Funds equal to the cost of the Improvements will be disbursed directly to the Participating Contractor (set forth in Exhibit A) on behalf of the Proper Owner(s) within 5 business days of the execution of the Completion Certificate. Maturity and Interest Rate: Total $ The amount of the Assessment is $___________ (the "Assessment Amount"), of which $____________ is allocableto the cost of the Improvements, $________ is allocable to incidental expenses and $________ is allocableto capitalized interest. 1. The Final Maturity Date of the Bonds shall be no later than September 02, 20___. 2. The Assessment bears interest at a rate equal to Maximum Interest Rate of the Bonds, which is _____%. 4. 4.The total administrative fees, recording fees and other fees and costs added to your assessment is $_________. 3. The Annual Percentage Rate (APR) attributable to the Assessment is ___%. APR is the Effective Cost of Credit in consumer loans and real estate loans expressed as a percentage interest rate. The annual percentage rate is the interest rate the borrower actually pays, including fees required in order to participate in the Program. 12-4-18 BOS Minutes 745 Tax Year (commencing July 1)Interest Principal Total Assessment Annual Administrative Assessment Fee* Total Estimated Contractual Assessment Payment UPON THE ISSUANCE OF THE BONDS, THE ACTUAL ANNUAL ASSESSMENT INSTALLMENTS WILL BE DETERMINED IN ACCORDANCE WITH THE 1915 ACT, AS DESCRIBED IN THIS CONTRACT. THESE FINAL INSTALLMENTS WILL NOT EXCEED THE TOTAL ASSESSMENT PAYMENT LISTED ABOVE, BUT THE ANNUAL ADMINISTRATIVE ASSESSMENT FEES LISTED ABOVE MAY CHANGE. THE SCHEDULE OF ANNUAL ASSESSMENT INSTALLMENTS SHALL BE SPECIFIED IN THE "PAYMENT OF CONTRACTUAL ASSESSMENT REQUIRED" TO BE RECORDED BY THE AUTHORITY IN THE OFFICE OF THE COUNTY RECORDER OF THE COUNTY OF SAN DIEGO. * Estimated, will remain subject to change 12-4-18 BOS Minutes 746 EXHIBIT D ACKNOWLEDGEMENT OF FEDERAL HOUSING FINANCE AGENCY’S POSITION ON PACE ASSESSMENTS AND ISSUES RELATED THERETO In May, 2010, Fannie Mae and Freddie Mac, government sponsored enterprises that purchase a large segment of conforming single family home mortgages from lending institutions, issued new instructions to lending institutions on how to treat properties with assessments under Property Assessed Clean Energy ("PACE") programs such as this one administered by PACE Funding Group, LLC. These letters, and additional statements issued by the Federal Housing Finance Agency, the agency that regulates single family home lenders among other things, instruct lenders to treat energy assessments as "loans" instead of "assessments." On August 31, 2010, the agencies issued additional instructions to lenders to the effect that Fannie Mae and Freddie Mac "will not purchase mortgage loans secured by properties with an outstanding PACE obligation." These letters and statements may lead lenders to conclude the PACE assessment should be paid off before a property transfers or is refinanced. In addition, it may lead some lenders to conclude that participating in a PACE program is a violation of typical mortgage terms prohibiting senior liens without lender consent. If you are selling your property, a buyer’s lender may refuse to finance the buyer’s first mortgage loan unless the assessment is paid off. We urge you to carefully read the disclosure information in the Program application, review your mortgage documents, evaluate the risks of proceeding with an application at this time, and contact your lender if you have any concerns or for information regarding any other financing options that may be available to you. Electronic links to the copies of certain letters from the Federal Financing Housing Authority re: PACE programs: https://www.efanniemae.com/sf/guides/ssg/annltrs/pdf/2010/ll1006.pdf1. http://www.freddiemac.com/singlefamily/guide/bulletins/pdf/iltr050510.pdf2. http://www.fhfa.gov/Media/PublicAffairs/Pages/FHFA-Statement-on-Certain-Energy-Retrofit-Loan-P3. rograms.aspx http://www.fhfa.gov/Media/PublicAffairs/Pages/Statement-of-FHFA-Acting-Director-Edward-J-DeMa4. rco-on-PACE-Programs.aspx https://www.efanniemae.com/sf/guides/ssg/annltrs/pdf/2010/sel1012.pdf5. http://www.freddiemac.com/singlefamily/guide/bulletins/pdf/bll1020.pdf6. The Authority and Program Administrator make no representation that the foregoing information and links are complete or up-to-date. I/We have read this Exhibit D. All Property Owners on title must initial below: ______________ Initials Date DocuSign Envelope ID: 7F8650CA-25B2-4A02-A701-270F5D08D5B7 12-4-18 BOS Minutes 747 EXHIBIT C CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY OPEN PACE PROGRAM ADDENDUM TO THE ASSESSMENT CONTRACT Addendum No. 1 RECITALS: WHEREAS, the Authority and Property Owner have executed the Contract to finance the Improvements installed at the Property; and WHEREAS, (i) the Improvements, Improvement types, Improvement categories and/or other information appearing in Exhibit B to the contract differ from those appearing in this Addendum, and/or (ii) the Assessment Amount and/or other information appearing in this Addendum differ from those originally listed in Exhibit B; and NOW, THEREFORE, in consideration of the premises and the mutual agreements contained herein, the parties hereto agree as follows: Defined Terms. Capitalized terms used in this Addendum and not otherwise defined herein shall1. have the meanings given to them in the Contract. Addendum.2. The information listed in this Addendum as Schedule 1 hereto shall replace in its entiretya. the information listed in Exhibit B to the Contract, and shall become Exhibit B to the Contract as if it originally appeared therein. If there are any inconsistencies between Exhibit A to the Contract and Schedule 1 to this Addendum, Schedule 1 to this Addendum shall govern. The updates and clerical corrections and other additional or modified information (if any)b. appearing in the signature block of this Addendum or elsewhere shall supersede and take precedence over those originally appearing in the Contract and shall become part of, and be incorporated into, the Contract as if they originally appeared therein. Miscellaneous. The existing Contract, as amended by this Addendum, remains in full force and3. effect. Any reference to the Contract from and after the date hereof shall be deemed to refer to the Contract as amended hereby. Representations and Warranties.4. Property Owner hereby represents and warrants that (i) the terms, conditions anda. information contained in this Addendum are true and correct, and (ii) the Property Owner affirmatively authorized installation of the Improvements identified herein and in the fully executed and final Completion Certificate. Property Owner hereby confirms that (i) each of its representations, warranties andb. All terms set forth below in this Addendum (i) shall supersede and take precedence over any term in the Assessment Contract by and between the California Statewide Communities Development Authority, a joint exercise of powers authority (the "Authority"), and _____________________ (the "PropertyOwner") entered into on the Effective Date (defined within the Assessment Contract) (the "Contract") that conflicts with, is not covered by, or is otherwise inconsistent with, the terms set forth herein and (ii) shall become part of, and be incorporated into, the Contract, including Exhibit B thereto, as if they originally appeared therein. For the avoidance of doubt, any updates and clerical corrections appearing below in this Addendum shall become part of, and be incorporated into, the Contract as if they originally appeared therein. 12-4-18 BOS Minutes 748 covenants set forth in the Contract, after giving effect to this Addendum is true and correct as of the date first written above with the same effect as though each has been made as of such date, and (ii) all terms and conditions of the Contract shall remain in full force and effect and the Property Owner hereby ratifies the obligations there under. 12-4-18 BOS Minutes 749 SCHEDULE 1 (replacing Exhibit B to the Assessment Contract) DESCRIPTION OF IMPROVEMENTS, DISBURSEMENT, AND SCHEDULE OF ANNUAL ASSESSMENT INSTALLMENTS, INCLUDING PRINCIPAL, INTEREST AND ANNUAL ASSESSMENT ADMINISTRATIVE FEE Description of Improvements: The Improvements consist of the following: Project Type Manufacturer Model SKU Quantity Units Cost Assessment: Disbursement: Funds equal to the cost of the Improvements will be disbursed directly to the Participating Contractor (set forth in Exhibit A) on behalf of the Proper Owner(s) within 5 business days of the execution of the Completion Certificate. Maturity and Interest Rate: Total $ The amount of the Assessment is $___________ (the "Assessment Amount"), of which $____________ is allocableto the cost of the Improvements, $________ is allocable to incidental expenses and $________ is allocableto capitalized interest. 1. The Final Maturity Date of the Bonds shall be no later than September 02, 20___. 2. The Assessment bears interest at a rate equal to Maximum Interest Rate of the Bonds, which is _____%. 4. 4.The total administrative fees, recording fees and other fees and costs added to your assessment is $_________. 3. The Annual Percentage Rate (APR) attributable to the Assessment is ___%. APR is the Effective Cost of Credit in consumer loans and real estate loans expressed as a percentage interest rate. The annual percentage rate is the interest rate the borrower actually pays, including fees required in order to participate in the Program. 12-4-18 BOS Minutes 750 Tax Year (commencing July 1)Interest Principal Total Assessment Annual Administrative Assessment Fee* Total Estimated Contractual Assessment Payment UPON THE ISSUANCE OF THE BONDS, THE ACTUAL ANNUAL ASSESSMENT INSTALLMENTS WILL BE DETERMINED IN ACCORDANCE WITH THE 1915 ACT, AS DESCRIBED IN THIS CONTRACT. THESE FINAL INSTALLMENTS WILL NOT EXCEED THE TOTAL ASSESSMENT PAYMENT LISTED ABOVE, BUT THE ANNUAL ADMINISTRATIVE ASSESSMENT FEES LISTED ABOVE MAY CHANGE. THE SCHEDULE OF ANNUAL ASSESSMENT INSTALLMENTS SHALL BE SPECIFIED IN THE "PAYMENT OF CONTRACTUAL ASSESSMENT REQUIRED" TO BE RECORDED BY THE AUTHORITY IN THE OFFICE OF THE COUNTY RECORDER OF THE COUNTY OF SAN DIEGO. * Estimated, will remain subject to change 12-4-18 BOS Minutes 751 12-4-18 BOS Minutes 752 12-4-18 BOS Minutes 753 12-4-18 BOS Minutes 754 12-4-18 BOS Minutes 755 12-4-18 BOS Minutes 756 12-4-18 BOS Minutes 757 12-4-18 BOS Minutes 758 RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County Contract #77-199 with Bay Area Ophthalmic Medical Corporation (dba Turner Eye Institute), a Corporation, in an amount not to exceed $200,000, to provide ophthalmology services to Contra Costa Health Plan (CCHP) members and County recipients for the period from December 1, 2018 through November 30, 2020. FISCAL IMPACT: This Contract is funded by 100% CCHP Enterprise Fund II. (No rate increase) BACKGROUND: Under Contract #77-199, the Contractor will provide ophthalmology services to CCHP members and County recipients for the period from December 1, 2018 through November 30, 2020. CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, certain specialized health care services for CCHP members and county recipients under the terms of their Individual and Group Health Plan membership contracts with the County will not be provided. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/04/2018 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Patricia Tanquary, 925-313-6004 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 4, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: N Garcia, M Wilhelm C. 75 To:Board of Supervisors From:Anna Roth, Health Services Director Date:December 4, 2018 Contra Costa County Subject:Contract #77-199 with Bay Area Ophthalmic Medical Corporation (dba Turner Eye Institute) 12-4-18 BOS Minutes 759 RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County Contract #27-159-11 with Abbas Mahdavi, M.D., A Professional Corporation, in an amount not to exceed $1,000,000, to provide pediatric primary care services to Contra Costa Health Plan (CCHP) members and County recipients for the period from December 1, 2018 through November 30, 2020. FISCAL IMPACT: This Contract is funded by 100% CCHP Enterprise Fund II. (No rate increase) BACKGROUND: On December 6, 2016, the Board of Supervisors approved Contract #27-159-10 with Abbas Mahdavi, M.D., Inc., A Professional Corporation, to provide pediatric primary care services to CCHP members and County recipients, for the period from December 1, 2016 through November 30, 2018. Approval of Contract #27-159-11 will allow Contractor to continue providing pediatric primary care services through November 30, 2020. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/04/2018 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Patricia Tanquary, 925-313-6004 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 4, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: N Garcia, M Wilhelm C. 76 To:Board of Supervisors From:Anna Roth, Health Services Director Date:December 4, 2018 Contra Costa County Subject:Contract #27-159-11 with Abbas Mahdavi, M.D., Inc., A Professional Corporation 12-4-18 BOS Minutes 760 CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, certain specialized health care services for CCHP members and county recipients under the terms of their Individual and Group Health Plan membership contracts with the County will not be provided. 12-4-18 BOS Minutes 761 RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County Contract #27-188-8 with Gretchen D. Graves, an Individual, in an amount not to exceed $500,000, to provide pediatric primary care services to Contra Costa Health Plan (CCHP) members and County recipients for the period from December 1, 2018 through November 30, 2020. FISCAL IMPACT: This Contract is funded by 100% CCHP Enterprise Fund II. (No rate increase) BACKGROUND: On December 6, 2016, the Board of Supervisors approved Contract #27-188-7 with Gretchen D. Graves, to provide pediatric primary care services to CCHP members and County recipients, for the period from December 1, 2016 through November 30, 2018. Approval of Contract #27-188-8 will allow Contractor to continue providing pediatric primary care services through November 30, 2020. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/04/2018 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Patricia Tanquary 925-313-6004 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 4, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: N Garcia, M Wilhelm C. 77 To:Board of Supervisors From:Anna Roth, Health Services Director Date:December 4, 2018 Contra Costa County Subject:Contract #27-188-8 with Gretchen D. Graves, M.D. 12-4-18 BOS Minutes 762 CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, certain specialized health care services for CCHP members and county recipients under the terms of their Individual and Group Health Plan membership contracts with the County will not be provided. CHILDREN'S IMPACT STATEMENT: 12-4-18 BOS Minutes 763 RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County Contract #27-162-8 with Juan R. Sequeira, M.D., an individual, in an amount not to exceed $500,000, to provide primary care services to Contra Costa Health Plan (CCHP) members and County recipients for the period from December 1, 2018 through November 30, 2020. FISCAL IMPACT: This Contract is funded by 100% CCHP Enterprise Fund II. (No rate increase) BACKGROUND: On December 6, 2016, the Board of Supervisors approved Contract #27-162-7 with Juan R. Sequeira, M.D. to provide primary care services to CCHP members and County recipients, for the period from December 1, 2016 through November 30, 2018. Approval of Contract #27-162-8 will allow Contractor to continue providing primary care services through November 30, 2020. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/04/2018 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Patricia Tanquary, 925-313-6004 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 4, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: N Garcia, M Wilhelm C. 78 To:Board of Supervisors From:Anna Roth, Health Services Director Date:December 4, 2018 Contra Costa County Subject:Contract #27-162-8 with Juan R. Sequeira, M.D. 12-4-18 BOS Minutes 764 CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, certain specialized health care services for CCHP members and county recipients under the terms of their Individual and Group Health Plan membership contracts with the County will not be provided. 12-4-18 BOS Minutes 765 RECOMMENDATION(S): APPROVE and AUTHORIZE the Purchasing Agent or designee to execute, on behalf of the Chief Information Officer-Department of Information Technology, a purchase order with Integrated Archive Systems in an amount not to exceed $116,398 for the renewal of Cisco Smartnet hardware and software maintenance of Cisco switches and network infrastructure hardware, for the period December 1, 2018 through November 30, 2019. FISCAL IMPACT: 100% User Fees, with costs charged to the receiving departments through DoIT's billing process. BACKGROUND: DOIT deploys Cisco computer network products throughout the county wide area network. These products provide reliable high-speed networks connecting all of our County departments to the central computer applications, email, and internet access. The requested purchase order will renew the Cisco annual maintenance services, which are essential for ongoing performance and reliability of the countywide area network by providing product software patches/updates and replacement of defective components. The support services are provided by Cisco pursuant to the letter agreement between Cisco and the County of Contra Costa dated August 10, 2018. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/04/2018 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: Joanne Buenger, Deputy CIO 925-313-1202 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 4, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: C. 79 To:Board of Supervisors From:Marc Shorr, Chief Information Officer Date:December 4, 2018 Contra Costa County Subject:Cisco Smartnet Hardware and Software Maintenance Renewal 12-4-18 BOS Minutes 766 CONSEQUENCE OF NEGATIVE ACTION: Cisco Smartnet helps reduce risk and downtime while increasing operational efficiency and security of the county wide area network. Failure to renew this purchase order would put the County's communications and technical infrastructure at risk. 12-4-18 BOS Minutes 767 RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County Contract #27-517-12 with Jack E. Dudler, M.D., an individual, in an amount not to exceed $150,000, to provide primary care services to Contra Costa Health Plan (CCHP) members and County recipients for the period from December 1, 2018 through November 30, 2020. FISCAL IMPACT: This Contract is funded by 100% CCHP Enterprise Fund II. (No rate increase) BACKGROUND: On December 13, 2016, the Board of Supervisors approved Contract #27-517-11 with Jack E. Dudler, M.D. to provide primary care services to CCHP members and County recipients, for the period from December 1, 2016 through November 30, 2018. Approval of Contract #27-517-12 will allow Contractor to continue providing primary care services through November 30, 2020. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/04/2018 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Patricia Tanquary 925-313-6004 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 4, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: N Garcia, M Wilhelm C. 80 To:Board of Supervisors From:Anna Roth, Health Services Director Date:December 4, 2018 Contra Costa County Subject:Contract #27-517-12 with Jack E. Dudler, M.D. 12-4-18 BOS Minutes 768 CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, certain specialized health care services for CCHP members and county recipients under the terms of their Individual and Group Health Plan membership contracts with the County will not be provided. 12-4-18 BOS Minutes 769 RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County Contract #24-991-20 with Alexander Gorodetsky, M.D., an individual, in an amount not to exceed $139,776, to provide outpatient psychiatric services to adults at the West County Adult Mental Health Clinic for the period from January 1, 2019 through December 31, 2019. FISCAL IMPACT: This Contract is funded 100% Mental Health Realignment. BACKGROUND: For a number of years the County has contracted with Medical, Dental, and Mental Health Specialists to provide specialized professional services, which are not otherwise available. Under Contract #24-991-20, the Contractor will provide outpatient psychiatric services to mentally ill adults at the West County Adult Mental Health Clinic through December 31, 2019. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/04/2018 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Matthew White, M.D., 925-957-5201 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 4, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: D Morgan, M Wilhelm C. 81 To:Board of Supervisors From:Anna Roth, Health Services Director Date:December 4, 2018 Contra Costa County Subject:Contract #24-991-20 with Alexander Gorodetsky, M.D. 12-4-18 BOS Minutes 770 CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, County’s clients will not have access to Contractor’s professional outpatient psychiatric services, reducing overall levels of service to the community. 12-4-18 BOS Minutes 771 RECOMMENDATION(S): APPROVE and AUTHORIZE the District Attorney, or designee, to execute a Master Services Agreement with CoreLogic Solutions, LLC, including modified indemnification language, in an amount not to exceed $10,800 annually for real property records software and services for the period December 4, 2018 to December 4, 2021. FISCAL IMPACT: 100% funded from the Real Estate Fraud Prosecution Trust Fund. BACKGROUND: Entering in a Master Services Agreement with CoreLogic will provide the District Attorney's Office with access to a database containing real estate records that will allow more effective prosecution of real estate fraud, and seizures of real estate for victim restitution. The Master Services Agreement obligates the County to indemnify CoreLogic for third party losses for claims by third parties against Corelogic arising from use of services and data provided by CoreLogic to the District Attorney's Office. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/04/2018 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: Elizabeth Molera, (925) 957-2205 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 4, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: C. 82 To:Board of Supervisors From:Diana Becton, District Attorney Date:December 4, 2018 Contra Costa County Subject:Master Services Agreement with CoreLogic 12-4-18 BOS Minutes 772 CONSEQUENCE OF NEGATIVE ACTION: If this services contract is not approved, the District Attorney's Office ability to prosecute real estate fraud will be detrimentally affected. 12-4-18 BOS Minutes 773 RECOMMENDATION(S): APPROVE and AUTHORIZE the County Administrator, or designee, to execute a contract amendment with CivicPlus to extend the termination date from March 31, 2019 to June 30, 2019 with no change in the payment limit for website enhancement services relating the County website redesign. FISCAL IMPACT: No fiscal impact BACKGROUND: The Board of Supervisors approved a contract on February 6, 2018 for website enhancement services relating to the County website redesign. The County Administrator's Office of Communications and Media, is recommending an extension to the term of the contract to allow for a more realistic schedule of the new County website redesign. CONSEQUENCE OF NEGATIVE ACTION: The County website redesign would need to be more limited in scope if the extension of term is not approved. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/04/2018 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: Susan Shiu, (925) 313-1183 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 4, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: C. 83 To:Board of Supervisors From:David Twa, County Administrator Date:December 4, 2018 Contra Costa County Subject:Extension to contract with CivicPlus for County website redesign 12-4-18 BOS Minutes 774 RECOMMENDATION(S): APPROVE and AUTHORIZE the Purchasing Agent to execute, on behalf of the Health Services Director, a Purchase Order with Aesculap Implant Systems, LLC, in an amount not to exceed $250,000 for the purchase of surgical and medical instruments, tags, cards, neurological implants, disposables and other medical products for the Contra Costa Regional Medical Center (CCRMC), for the period from February 1, 2019 through December 31, 2022. FISCAL IMPACT: 100% funding is included in the Hospital Enterprise Fund I budget. BACKGROUND: Aesculap Implant Systems, LLC has provided surgical and medical instruments, central line tags and cards, neurological implants, disposables and other medical products to the CCRMC for more than fifteen years. Buying has increased as the population that CCRMC serves continues to rise, and CCRMCS needs to meet growing demand as well as meet State and Federal regulations. CONSEQUENCE OF NEGATIVE ACTION: If this Purchase Order is not approved, then CCRMC will be unable to meet the needs of its surgical patients or meet the State regulatory requirements. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/04/2018 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Jaspreet Benepal, 925-370-5101 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 4, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: M Harris, L Walker, M Wilhelm C. 84 To:Board of Supervisors From:Anna Roth, Health Services Director Date:December 4, 2018 Contra Costa County Subject:Purchase Order with Aesculap Implant Systems, LLC 12-4-18 BOS Minutes 775 RECOMMENDATION(S): APPROVE and AUTHORIZE the Purchasing Agent to execute, on behalf of the Health Services Director, an amendment to Purchase Order #010803 with R-Computer, Inc., to increase the payment limit by $100,000 to a new payment limit of $200,000 for the purchase of computer hardware including laptops, desktop computers, and ancillary equipment for the Whole Person Care Pilot Program, for the period from January 1, 2018 through January 18, 2020. FISCAL IMPACT: Funded 100% by Whole Person Care Pilot Program Grant. BACKGROUND: In October 2016, $20 million in annual funding for this program was authorized and approved by the Department of Health Care Services (DHCS). The Whole Person Care Pilot Program is managed by the Public Health Department, which has hired approximately 170 new employees. Staff will be providing care coordination services to patients throughout Contra Costa County, with laptops in the field and desktop computers in the office to complete required documentation for their work with patients. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/04/2018 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Daniel Peddycord, 925-313-6712 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 4, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: L Walker, M Wilhelm, Bill Sorrell C. 85 To:Board of Supervisors From:Anna Roth, Health Services Director Date:December 4, 2018 Contra Costa County Subject:Amendment to Purchase Order with R-Computer, Inc. 12-4-18 BOS Minutes 776 BACKGROUND: (CONT'D) This Board Order will allow for the purchase of new and replacement computer equipment. CONSEQUENCE OF NEGATIVE ACTION: If this amendment is not approved, the program risks not meeting the deliverables mandated by the State in order to receive continued funding. 12-4-18 BOS Minutes 777 RECOMMENDATION(S): APPROVE and AUTHORIZE the County Administrator, or designee to execute a contract amendment with Edgar G. Ibarra, dba Fast Eddie's Auto Service, effective September 1, 2018 to incease the payment limit by $37,500 to a new payment limit of $112,500 to provide Auto Service Technician Training and Correspondence Course for AB 109 Program and extend the term for December 31, 2018 through June 30, 2019. FISCAL IMPACT: 100% Realignment Local Innovation Fund: Increase of $37,500 for Total Payment Limit $112,500. BACKGROUND: With the passage of SB 1020 in 2012, and beginning with fiscal year 2015-16, the County was required to create a Public Safety Realignment "Local Innovation Subaccount" which is, according to the California State Association of Counties' (CSAC) documentation, "intended to promote local innovation and county decision making." The subaccount is funded by taking a ten percent share of four specified Public Safety Realignment-related growth accounts: (1) The Trial Court Security Growth Special Account; (2) The Community Corrections Growth Special Account; (3) The District Attorney and Public Defender Growth Special Account; and (4) the Juvenile Justice Growth Special Account. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/04/2018 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: Lara DeLaney (925) 335-1097 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 4, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: C. 86 To:Board of Supervisors From:David Twa, County Administrator Date:December 4, 2018 Contra Costa County Subject:Contract Amendment for Fast Eddie's Auto Service Technician Training and Correspondence Course for AB 109 12-4-18 BOS Minutes 778 BACKGROUND: (CONT'D) CSAC advises that revenue deposited in this “Local Innovation Fund” must be used to support local needs, and the law establishing the Local Innovation Subaccount provides the Board of Supervisors with the authority to fund any activity that is otherwise allowable for any of the underlying accounts that fund the subaccount . In September 2016, the Quality Assurance Committee (QAC) of the Community Corrections Partnership (CCP) initially discussed the development of recommendations for the use of Local Innovation revenue. This matter was then forwarded to the CCP's Community Advisory Board (CAB) for their input. The matter was further considered by the QAC in November 2016 as the CAB continued to formulate its input on the recommendations. In June 2017 the CAB recommended that this revenue be used to fund a capacity building project. The CAB recommended a project where a cohort of AB 109-funded community based service providers would be guided through a self-assessment of their needs related to organizational development. The cohort would then be provided individualized, tailored assistance to help participating agencies build capacity in the critical areas identified through the self-assessment process. The Office of Reentry and Justice (ORJ) received CAB’s input, developed additional considerations, and returned to the QAC in September 2017 for direction to the ORJ to conduct a Request for Proposals (RFP) process for the provision of up to $250,000, allocated between a capacity building project as recommended by the CAB and an innovative reentry program to compliment the array of reentry services currently offered in the County. On October 4, 2017, the ORJ published RFP #1709-252 for “Local Innovation Fund Projects.” The RFP offered up to $75,000 for a “Capacity Building Project” to be implemented between January 1, 2018 and December 31, 2018, and for up to $175,000 for an “Innovative Reentry Program” to be provided during the period of January 1, 2018 through December 31, 2019. A Bidder’s Conference was conducted by ORJ Deputy Director Blue on October 17, 2017 and streamed on-line as a webinar. Final responses to the RFP were due November 8, 2017, and Review Panels were convened the week of November 12, 2017 to review the submitted responses and provide the Board of Supervisors with contract award recommendations. Award recommendations from the Review Panels were issued on November 17, 2017. At its special December 7, 2017 meeting, the Public Protection Committee accepted the contract award recommendations and directed staff to utilize the balance of Local Innovation Subaccount funds for a Capacity Building project. Upon receipt of RFP responses, which numbered 5 for the Innovative Reentry Program and 1 for the Capacity Building Services Project, the ORJ conducted a technical compliance review of each proposal; all submitted proposals were provided, confidentially, to the appropriate Review Panel for review. Two proposal, Fast Eddie’s Auto Service and Richmond Workforce Development Board were recommended and subsequently funded. Fast Eddie’s Auto Services proposed a 90-day correspondence for Automotive Service Technician. This Program provides vocational training opportunities for incarcerated males and females in Contra Costa County. The in-custody component is followed by a 4-week hands-on training program at Fast Eddie's Auto Service. Participants are expected to complete one module of the curriculum each week for 12 weeks prior to release from custody. Upon completion, participants receive a "work-ready" certificate for a Lube Technician, Brake Technician, and Service Writer and be referred to the Job Developer for employment placement services. Courses are offered on a quarterly basis via correspondence with onsite study sessions that include one-on-one or small group support, depending on the facility access and participant needs. The program provides services to up to 40 incarcerated individuals. This vocational training model, which blends an in-custody and out-of-custody service approach, has not previously been offered in Contra Costa County. 12-4-18 BOS Minutes 779 The contract term is being extended for a performing contractor to accommodate a procurement process that will conclude with fiscal year (rather than calendar year) contracts. CONSEQUENCE OF NEGATIVE ACTION: The Auto Service technician's correspondence course will not be available to incarcerated residents. 12-4-18 BOS Minutes 780 RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County Contract #72-116 with Accounting Principals, Inc., a corporation, in an amount not to exceed $150,000, to provide temporary staffing for specialized accounting and support services in the Health Services Department as needed, for the period December 1, 2018 through November 30, 2020 FISCAL IMPACT: This Contract is funded 100% by County General Fund. BACKGROUND: Under Contract #72-116, Contractor will provide staffing for specialized accounting and support services in the Health Services Department as needed, for the period December 1, 2018 through November 30, 2020. CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, the Health Services Department will not have access to Contractor’s services APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/04/2018 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Dan Peddycord, 925-313-6712 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 4, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: K Cyr, M Wilhelm C. 87 To:Board of Supervisors From:Anna Roth, Health Services Director Date:December 4, 2018 Contra Costa County Subject:Contract #72-116 with Accounting Principals, Inc. 12-4-18 BOS Minutes 781 RECOMMENDATION(S): APPROVE and AUTHORIZE the Sheriff-Coroner, or designee to execute a contract with Ricoh, USA, Inc., in an amount not to exceed $175,000 for scanning and indexing services for the term January 1, 2019 through December 31, 2021. FISCAL IMPACT: $175,000 General Fund; Budgeted. BACKGROUND: The Office of the Sheriff-Coroner will be moving out of 651 Pine Street in Martinez, and into the new Public Safety Building located at Muir Road and Glacier Drive in Martinez. The Office of the Sheriff-Coroner has a backlog of files currently kept at 651 Pine Street in Martinez that need to be scanned and cataloged in preparation for the move to the new building. Scanning of the nearly 2 million files will help to reduce the paper footprint of the Sheriff-Coroner and help the agency move to a digital filing system. Due to the amount of scanning needed to be conducted, it is imperative to have an outside contractor completed the work. CONSEQUENCE OF NEGATIVE ACTION: The Office of the Sheriff will be unable to scan the existing documents and reduce the paper footprint prior to the completion of the new Public Safety Building. Moving all existing paper documents would increase workload and reduce staff efficiency in the transition to a digital filing system. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/04/2018 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Sandra Brown 925-335-1553 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 4, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: C. 88 To:Board of Supervisors From:David O. Livingston, Sheriff-Coroner Date:December 4, 2018 Contra Costa County Subject:Ricoh, USA, Inc. 12-4-18 BOS Minutes 782 12-4-18 BOS Minutes 783 RECOMMENDATION(S): APPROVE and AUTHORIZE the Purchasing Agent to execute, on behalf of the Health Services Director, a Purchase Order with Sam Clar Office Furniture, Inc., in the amount not to exceed $161,598 for the purchase of new ergonomic furniture for the Pharmacy at the Contra Costa Regional Medical Center (CCRMC). FISCAL IMPACT: 100% funding is included in the Hospital Enterprise Fund I budget. BACKGROUND: The Ergonomics Unit at CCRMC has recommended that the Pharmacy replace existing outdated furniture with ergonomic furniture and workstations. Sam Clar Office Furniture, Inc. has previously supplied needed furniture and installation for offices and other spaces at multiple Health Services Department locations. CONSEQUENCE OF NEGATIVE ACTION: If this Purchase Order is not approved, the CCRMC pharmacy personnel will not be able to have ergonomic workstations or furnishings. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/04/2018 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Jaspreet Benepal, 925-370-5101 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 4, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: Margaret Harris, Marcy Wilhelm C. 89 To:Board of Supervisors From:Anna Roth, Health Services Director Date:December 4, 2018 Contra Costa County Subject:Purchase Order with Sam Clar Office Furniture, Inc. 12-4-18 BOS Minutes 784 RECOMMENDATION(S): APPROVE and AUTHORIZE the Purchasing Agent to execute, on behalf of the Health Services Director, an amendment to purchase order F03096 with Covidien Holding Inc., to increase the payment limit by $750,000 to a new payment limit of $2,250,000 for the purchase of instruments, sutures, and supplies for the Operating Room at the Contra Costa Regional Medical Center (CCRMC), with no change in the original term of February 1, 2016 through January 31, 2020. FISCAL IMPACT: 100% funding is included in the Hospital Enterprise Fund I budget. BACKGROUND: Covidien Holding Inc. provides instruments, sutures, and supplies for the Surgical Unit to perform procedures and operations at the CCRMC. Covidien Holding Inc. has been a reliable source of supplies for the Operation Room (OR), providing a fast and steady replenishment of supplies. CONSEQUENCE OF NEGATIVE ACTION: If this Purchase Order amendment is not approved, CCRMC will not be able to take care of the surgical needs of the patient population of Contra Costa County. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/04/2018 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Jaspreet Benepal, 925-370-5101 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 4, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: Marcy Wilhelm, Margaret Harris C. 90 To:Board of Supervisors From:Anna Roth, Health Services Director Date:December 4, 2018 Contra Costa County Subject:Purchase Order Amendment with Covidien Holding, Inc. 12-4-18 BOS Minutes 785 RECOMMENDATION(S): APPROVE and AUTHORIZE the Director of Risk Management to execute a contract with Tuell & Associates for workers' compensation staffing services for the period from November 1, 2018 through November 1, 2019 in an amount not to exceed $500,000. FISCAL IMPACT: Costs for workers' compensation services are funded through the Workers' Compensation Internal Service Fund. BACKGROUND: Tuell & Associates specializes in providing highly experienced workers' compensation claims adjusters and clerical support staff for the County's claims processing. They will replace the current agency that provided these specialized staffing services. Tuell & Associates is needed to make a smooth transition from one vendor to another so that we can keep the current specialized staff and avoid a backlog of claims processing. The specialized temporary staff is filling our vacant funded positions while we recruit to hire permanent adjusters and clerical staff. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/04/2018 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: 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: December 4, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: C. 91 To:Board of Supervisors From:Sharon Offord Hymes, Risk Manager Date:December 4, 2018 Contra Costa County Subject:Contract with Tuell & Associates 12-4-18 BOS Minutes 786 CONSEQUENCE OF NEGATIVE ACTION: Risk Management will not have adequate technical assistance and staff to process workers' compensation claims in a timely manner and satisfy current regulations. 12-4-18 BOS Minutes 787 RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County Contract Amendment Agreement #72-086-5 with Bright Path Therapists, a corporation, effective October 1, 2018, to amend Contract #72-086-4, to increase the payment limit by $150,000, from $100,000 to a new payment limit of $250,000, with no change in the original term of July 1, 2018 through June 30, 2019. FISCAL IMPACT: This Contract is funded 50% State California Children’s Services and 50% County funds. (No rate increase) BACKGROUND: In August 2018, the County Administrator approved and Purchasing Services Manager executed Contract #72-086-4 with Bright Path Therapists for the period from July 1, 2018 through June 30, 2019, for the provision of medically necessary occupational therapy (OT) and physical therapy (PT) services to children eligible for the California Children’s Services Medical Therapy. Approval of Contract Amendment Agreement #72-086-5 will allow the Contractor to continue providing medically necessary OT and PT services to children eligible for the CCS Medical Therapy Program through June 30, 2019. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/04/2018 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Daniel Peddycord, 925-313-6712 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 4, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: D Morgan, M Wilhelm C. 92 To:Board of Supervisors From:Anna Roth, Health Services Director Date:December 4, 2018 Contra Costa County Subject:Amendment #72-086-5 with Bright Path Therapists 12-4-18 BOS Minutes 788 CONSEQUENCE OF NEGATIVE ACTION: If this amendment is not approved, County’s clients will not receive services for occupational therapy and physical therapy services to children eligible for California Children’s Services Medical Therapy Program. 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). 12-4-18 BOS Minutes 789 RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County Contract #72-115 with Robert Half International, Inc., a corporation, in an amount not to exceed $150,000, to provide temporary staffing for specialized accounting and support services in the Health Services Department as needed, for the period December 1, 2018 through November 30, 2020. FISCAL IMPACT: This Contract is funded 100% by County General Fund. BACKGROUND: Under Contract #72-115, Contractor will provide staffing for specialized accounting and support services in the Health Services Department as needed, for the period December 1, 2018 through November 30, 2020. CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, the Health Services Department will not have access to Contractor’s services. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/04/2018 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Dan Peddycord, 925-313-6712 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 4, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: K Cyr, M Wilhelm C. 93 To:Board of Supervisors From:Anna Roth, Health Services Director Date:December 4, 2018 Contra Costa County Subject:Contract #72-115 with Robert Half International, Inc. 12-4-18 BOS Minutes 790 RECOMMENDATION(S): APPROVE and AUTHORIZE the County Administrator, or designee, to execute a contract amendment with Alcalde & Fay, effective December 4, 2018, to extend the term from December 31, 2018 through June 30, 2019 and increase the payment limit by $54,250 to a new payment limit of $688,142 for continued federal advocacy services, subject to approval as to form by County Counsel. FISCAL IMPACT: County General Funds have been budgeted for these services. BACKGROUND: Alcalde & Fay, minority-controlled/employee-owned firm, is the County’s current federal representative. Paul Schlesinger, the County’s point person at Alcalde & Fay, has established the County’s presence in Washington, D.C. and developed excellent relationships with staff of our congressional delegation. The result has been a very positive “return on investment” for the County for its appropriation and authorization requests. The Legislation Committee considered APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/04/2018 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: L. DeLaney, 925-335-1097 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 4, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: C. 94 To:Board of Supervisors From:LEGISLATION COMMITTEE Date:December 4, 2018 Contra Costa County Subject:Amend and Extend Federal Legislative Advocacy Contract with Alcalde & Fay 12-4-18 BOS Minutes 791 BACKGROUND: (CONT'D) the matter of the advocacy contracts at its August 13, 2018 meeting and directed staff to extend the current contracts through June 30, 2018 and to undertake a procurement process early in 2019 to establish new fiscal-year based contracts to be effective July 1, 2019. CONSEQUENCE OF NEGATIVE ACTION: The County will not have advocates in Washington D.C. 12-4-18 BOS Minutes 792 RECOMMENDATION(S): APPROVE and AUTHORIZE the County Administrator, or designee to amend a contract with Nielsen Merksamer Parrinello Gross & Leoni LLP, effective December 4, 2018, to extend the term from December 31, 2018 through June 30, 2019 and increase the payment limit by $90,000 to a new payment limit of $1,170,000 for continued state advocacy services, subject to approval as to form by County Counsel. FISCAL IMPACT: Funding for state advocacy services is included in the FY 18-19 budget. (100% General Fund) BACKGROUND: The firm of Nielsen, Merksamer, Parrinello, Gross & Leoni (“Nielsen Merksamer”) has extensive experience in the field of governmental advocacy regarding legislative, administrative and legal issues directly affecting counties. Nielsen Merksamer is recognized for its expertise in the broad area of state and county relations, particularly fiscal relationships. The firm has been instrumental in the development and advancement of the County's state legislative platform for many years. The APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/04/2018 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: L. DeLaney, 925-335-1097 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 4, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: C. 95 To:Board of Supervisors From:LEGISLATION COMMITTEE Date:December 4, 2018 Contra Costa County Subject:Amend and Extend State Legislative Advocacy Contract with Nielsen Merksamer Parrinello Gross & Leoni LLP 12-4-18 BOS Minutes 793 BACKGROUND: (CONT'D) Legislation Committee (Chair Mitchoff, Vice Chair Burgis) considered the matter at its August 13, 2018 meeting and voted unanimously to recommend a contract extension through June 30, 2019, to allow staff sufficient time to conduct a procurement process for new fiscal-year based contract effective July 1, 2019. 12-4-18 BOS Minutes 794 RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County Contract #26-776-3 with Oceanside Laundry, LLC, a limited liability company, in an amount not to exceed $3,467,750, for the provision of linen rental and laundering services for the Contra Costa Regional Medical Center (CCRMC) and Health Centers, for the period from July 1, 2018 through June 30, 2021. FISCAL IMPACT: 100% funding is included in the Hospital Enterprise Fund I Budget. (Rate increase) BACKGROUND: On August 18, 2015, the Board of Supervisors approved Contract #26-776-1 with Oceanside Laundry, LLC to provide linen rental and laundering services, including pick-up of soiled linen delivery of clean garments and other linen items for the CCRMC and Health Centers, through June 30, 2018. Approval of Contract #26-776-3 will allow the Contractor to continue to provide linen rental and laundering services at CCRMC and Health Centers, through June 30, 2021. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/04/2018 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Jaspreet Benepal, 925-370-5101 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 4, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: Marcy Wilhelm C. 96 To:Board of Supervisors From:Anna Roth, Health Services Director Date:December 4, 2018 Contra Costa County Subject:Contract #26-776-3 with Oceanside Laundry, LLC 12-4-18 BOS Minutes 795 CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, Contractor will not be able to continue providing rental, laundering, pick-up and delivery services to Contra Costa Regional Medical Center and Contra Costa Health Centers. ATTACHMENTS 12-4-18 BOS Minutes 796 RECOMMENDATION(S): CONTINUE the emergency action originally taken by the Board of Supervisors on November 16, 1999 regarding the issue of homelessness in Contra Costa County. FISCAL IMPACT: None. BACKGROUND: On November 16, 1999, the Board of Supervisors declared a local emergency, pursuant to the provisions of Government Code Section 8630 on homelessness in Contra Costa County. Government Code Section 8630 requires that, for a body that meets weekly, the need to continue the emergency declaration be reviewed at least every 14 days until the local emergency is terminated. In no event is the review to take place more than 21 days after the previous review. On November 6, 2018, the Board of Supervisors reviewed and approved the emergency declaration. Since the Board meetings on November 20th and 27th were cancelled and the next available Board meeting is December 4, 2018, the time between board orders exceeded 21 days. With the continuing APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/04/2018 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Julie Enea, (925) 335-1077 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 4, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C. 97 To:Board of Supervisors From:David Twa, County Administrator Date:December 4, 2018 Contra Costa County Subject:CONTINUE EXTENSION OF EMERGENCY DECLARATION REGARDING HOMELESSNESS 12-4-18 BOS Minutes 797 BACKGROUND: (CONT'D) high number of homeless individuals and insufficient funding available to assist in sheltering all homeless individuals and families, it is appropriate for the Board to continue the declaration of a local emergency regarding homelessness. 12-4-18 BOS Minutes 798 RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County Novation Contract #28–381 with the Town of Danville, a government agency, to provide congregate meal services for County’s Senior Nutrition Program, for the period from January 1, 2019 through June 30, 2019. This Contract includes a three-month automatic extension through September 30, 2019. FISCAL IMPACT: No County funds are required. BACKGROUND: This Contract meets the social needs of County’s population by providing an average of 25 congregate meals one day per week for senior citizens at the Town of Danville Senior Center. Under Contract #28–381 the Town of Danville will provide services through June 30, 2019. This Contract includes mutual indemnification. CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, senior citizens who depend on County’s Senior Nutrition Program will not receive meals at Contractor’s facility. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/04/2018 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Daniel Peddycord, 925-313-6712 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 4, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: D Morgan, M Wilhelm C. 98 To:Board of Supervisors From:Anna Roth, Health Services Director Date:December 4, 2018 Contra Costa County Subject:Contract #28–381 with the Town of Danville 12-4-18 BOS Minutes 799 RECOMMENDATION(S): APPROVE and AUTHORIZE the Purchasing Agent or designee to execute, on behalf of the Sheriff-Coroner, a purchase order with Dell, Inc., in an amount to not exceed $124,000, to provide replacement and expansion of computer hardware equipment and software licenses for the Automated Regional Information Exchange System (ARIES). FISCAL IMPACT: 100% funded by Urban Areas Security Initiative (UASI) 2017 grant. No change in Net County Cost. BACKGROUND: The Automated Regional Information Exchange System (ARIES) is a software application owned by Contra Costa County, and used by the County and other law enforcement agencies to manage criminal justice data collected from law enforcement agencies. ARIES manages the data provided by local law enforcement agencies that is stored on the County servers. ARIES serves more than 9,106 users from over 93 different agencies. The projects serve to renew critical infrastructure, enhance system redundancy and expand capacity for growing demand. Dell is the vendor who will supply the equipment to support these projects. Dell has experience partnering with government agencies of APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/04/2018 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Liz Arbuckle, 335-1529 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 4, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: Heike Anderson, Liz Arbuckle, Paul Reyes C. 99 To:Board of Supervisors From:David O. Livingston, Sheriff-Coroner Date:December 4, 2018 Contra Costa County Subject:Purchase Order - Dell, Inc. 12-4-18 BOS Minutes 800 BACKGROUND: (CONT'D) all sizes to help deliver IT services that improve delivery and reduce costs. In addition to Dell’s reputation amongst government agencies, the Office of the Sheriff –Technical Services has a long history of working with the Dell’s equipment and infrastructure environment. It would be to ARIES’ advantage to leverage the knowledge, skills and experience that the Technical Services unit has accumulated over the years by working with Dell. CONSEQUENCE OF NEGATIVE ACTION: Continued use of the servers after its manufacturer’s warranty has expired introduces the greatest danger to ARIES’ continuity. If parts fail, ARIES has no guarantee parts can be procured. Security exploits may no longer be patched. Vendors may stop supporting and offering software that the equipment needs and depends on. Due to these reasons and more, it’s critical to replace the current expired infrastructure. The purpose of enhancing system redundancy is to duplicate the critical components of ARIES system with the intention of increasing reliability of the servers. Currently there is no redundancy infrastructure in place to protect ARIES from destructive activity. If this purchase is not approved, there is no plan in place to ensure that essential data processing operational tasks can be conducted after the disruption and unable to facilitate the rapid restoration of a data processing system following an interruption. 12-4-18 BOS Minutes 801 RECOMMENDATION(S): APPROVE a Substantial Amendment to the County's FY 2017/18 Community Development Block Grant (CDBG) Program Action Plan, amending the scope of work for the improvements to the Oakley Senior Center located at 215 2nd Street, Oakley. FISCAL IMPACT: CDBG funds are provided to the County on a formula allocation basis by the U.S. Department of Housing and Urban Development (HUD) - CFDA #14.218. There is no fiscal impact to the County's General Fund. BACKGROUND: On July 18, 2017, the Board of Supervisors approved the Contra Costa County CDBG Action Plan for FY 2017/18 funds. Originally, the City of Oakley was allocated $98,000 in CDBG funds, under the Infrastructure/Public Facilities (IPF) category, for improvements to the Oakley Senior Center located on 215 2nd Street, Oakley. More specifically, funding was to be used for Americans with Disabilities Act of 1990 (ADA) improvements to the front and rear entrances and doors, including ramps and railings, widening of interior thresholds for ADA accessibility, interior finishes and painting, parking lot improvements to address ADA accessibility, and roof repairs. The City of Oakley has requested, and APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/04/2018 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: Gabriel Lemus, 925-674-7882 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 4, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C.100 To:Board of Supervisors From:John Kopchik, Director, Conservation & Development Department Date:December 4, 2018 Contra Costa County Subject:Substantial Amendment to the County's FY 2017/18 CDBG Action Plan - Change in Scope to the Oakley Senior Center Improvement Project 12-4-18 BOS Minutes 802 BACKGROUND: (CONT'D) CDBG staff recommends, amending the scope of work to remove the roof repairs from the scope and to add improvements to the existing bathrooms and creation of an additional bathroom for the senior center. The City of Oakley requested this scope revision given that the bathroom capacity for the senior center became a concern. The City of Oakley does intend to address the roof of the senior center; however, it is not clear what level of repair would be needed or whether replacement of the roof would be recommended. The City of Oakley will have an assessment of the roof conducted and move forward addressing the roof at a later time based on the results of the assessment. CONSEQUENCE OF NEGATIVE ACTION: Not approving the Substantial Amendment will delay and/or prevent the improvements to the Oakley Senior Center. CHILDREN'S IMPACT STATEMENT: The Oakley Senior Center furthers the Children's Report Card outcome of helping families to be safe, stable, and nurturing. 12-4-18 BOS Minutes 803 RECOMMENDATION(S): ACCEPT report from the Employment and Human Services Department on aging and adult services, including the progress made to address the issue of elder abuse in Contra Costa County. FISCAL IMPACT: No fiscal impact. BACKGROUND: On May 23, 2000, the Board of Supervisors referred to the Family and Human Services Committee (FHS) an annual report on the progress made on the issue of elder abuse in Contra Costa County. Between 2000 and 2015, Committee has received an annual status report from the Employment and Human Services (EHS) Department. On December 14, 2015, the Family and Human Services Committee received a report from the EHS on this referral. At the time of the report, the new Aging and Adult Services Director was a recent hire, having only been with the department a couple of months. Since the new director had identified various strategies to address some pending issues, such as staffing and crisis response times, and program changes were in transition, the FHS agreed to postpone the annual report until such time as the department would be APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/04/2018 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: Victoria Tolbert (925) 608-4805 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 4, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: EHS Director, EHS Aging & Adult Svcs, CAO-H&HS Deputy, CAO C.101 To:Board of Supervisors From:FAMILY & HUMAN SERVICES COMMITTEE Date:December 4, 2018 Contra Costa County Subject:Adult Protective Services and Challenges for Aged & Disabled Populations 12-4-18 BOS Minutes 804 BACKGROUND: (CONT'D) prepared to discuss a timeline addressing the program and operational challenges discussed. FHS received the attached report on October 22, 2018. Aging and Adult Services Director Victoria Tolbert reported that the two major challenges facing the aging population are housing insecurity and poverty. Ms. Tolbert explained that Aging and Adult Services offers a continuum of services that address a range of needs. Examples of services include putting safety features in the home, a Whole Person Care program for individuals with significant medical issues, adult protective services, and “no wrong door”. She reported that awareness of the support number (1-800-510-2020) has increased. The program has struggled with a shortage of direct services staff, particularly social workers and in-home support services staff. The Department is working on placing more energy into staff development to internally build the needed knowledge and skill sets. Aging and Adult Services is working to identify non-licensed facilities and help them achieve licensing to increase supply. An option discussed was creating a County certification, so if they cannot obtain a state license, they come out of the shadows and have some oversight. Another issue discussed was hospitals lacking safe locations to which to discharge people. Aging and Adult Services coordinates with discharge planners and hospitals to coordinate safe discharges. Possible legislation would ban hospital discharges to shelters without an available bed. Senior specific shelters would help to close the capacity gap. EHS made a final request for the Board of Supervisors to engage in supporting and spreading awareness about these services. ATTACHMENTS 2018 Aging and Adult Services Bureau Report Aging and Adult Services FHS Presentation 12-4-18 BOS Minutes 805 Aging and Adult Services Growth and Challenges Victoria Tolbert, Aging & Adult Services Director Employment and Human Services Department 10/4/18 12-4-18 BOS Minutes 806 65 and older projections 12-4-18 BOS Minutes 807 Federal Poverty Guildeline $11,880 12-4-18 BOS Minutes 808 Continuum of Care •Adult Protective Services •In Home Supportive Services •Public Authority •Whole Person Care •Area Agency on Aging •General Assistance •Information and Assistance •SSI Advocacy Basic economic Support Link to services Prevention Services to maintain in the community Basic Social and Support services Advocacy and Planning Crisis intervention Short term case management Link to higher level care Services to remain safely in the home Coordination with health care Prevention of institutionalization 12-4-18 BOS Minutes 809 Coordination Goals •No Wrong Door •Reduced Duplication •Coordination between Health Care, Long Term Care, Community based Services and Behavioral Health •Reduced premature institutionalization •Reduced hospitalization •Improved health outcomes 12-4-18 BOS Minutes 810 Program highlights IHSS 9,940 Clients (Elderly, adults with disabilities, disabled children) Payroll 9,210 Providers AAA 12,000 I&A Calls 3,139 HICAP clients 331,250 Home Delivered Meals 175,000 Congregate Meals Ombudsman, Minor home modification, falls prevention, case management, etc APS 4,484 abuse reports 12-4-18 BOS Minutes 811 Challenges Critical Staffing Issues •Shortage of direct service staff •Recruitment challenges Planning and Coordination •Need to focus on new mandates and the development of innovative and effective projects Achieving Program Mandates •IHSS Assessment and Re-Assessment •APS Multi Disciplinary Team and Tangible Services 12-4-18 BOS Minutes 812 Contributing Factors •Growth of the aging population without commensurate growth in funding •2008 Recession Impacts •Eliminating county overmatch •Withdrawal from community partnerships and erosion of mandated elder abuse reporting and investigation system •Recruitment and retention of staff 12-4-18 BOS Minutes 813 Area Agency on Aging •Area Agency on Aging (AAA) provides leadership in addressing issues that relate to older Californians, develops community based systems of care that provide services which support independence and which protect the quality of life of older adults and persons with disabilities. The AAA promotes citizen involvement in the planning and delivery of service. The program is responsible for the administration of Older Americans Act and Older Californians Act funding and does this through multiple community based contracts and direct service provision. •Adult Day Care •Case Management •Ombudsman •Family Caregiver Support •Home Delivered and congregate meals •Legal Services •Fall Prevention 12-4-18 BOS Minutes 814 IHSS Critical Issues - The IHSS Program will help pay for services provided to assist seniors and persons with disabilities to remain safely in their own home. IHSS is considered an alternative to out -of- home care, such as nursing homes or board and care facilities. Delayed intake assessments Ongoing reassessments –Quality Improvement Action Plan Workforce stability Professional development 12-4-18 BOS Minutes 815 APS Critical Issues Adult Protective Services (APS) is designed to investigate and mitigate abuse, neglect or exploitation of elder adults (65 years and older) and dependent adults (18-64 who are disabled) APS also provides information and referral to other agencies and educates the public about reporting requirements and responsibilities under the Elder and Dependent Adult Abuse Reporting Laws. •34% increase in abuse reports over the past year. •Increased awareness •Complexity of cases 12-4-18 BOS Minutes 816 Integrated Call CenterCall CenterInformation and Assistance In Home Support Services Adult Protective Services 12-4-18 BOS Minutes 817 Rebuilding Partnerships •Contra Costa County Office of the Sheriff •Family Justice Center •Contra Costa Health Services Conservatorship/Guardianship Program •Contra Costa Regional Medical Center Mental Health/Psychiatry •Contra Costa Behavioral Health Services Older Adult Mental Health Services •Ombudsman Services of Contra Costa •Contra Costa Alliance to End Abuse (Zero tolerance for Domestic Violence Initiative) •Office of the District Attorney Contra Costa County •Meals on Wheels 12-4-18 BOS Minutes 818 Cal OES Grant Forensic Center Elder abuse forensic centers are a new model of multidisciplinary collaboration on elder abuse cases. •APS, law enforcement and LTC Ombudsman and community based partners join forces for the purpose of: •Conducting evaluations, •Lessening the burden of multiple interviews for alleged abuse victims, •Establishing integrated care plans •Gather evidence for victims compensation or prosecution. 12-4-18 BOS Minutes 819 2nd Cal OES Grant –Elder Financial Abuse •Direct Services include: •Immediate Health and Safety •Mental Health Assistance •Assistance with Participation in Criminal Justice Proceedings •Forensic Examinations •Restorative Justice •Skills Training for Staff •Outreach 12-4-18 BOS Minutes 820 New services New Opportunities 12-4-18 BOS Minutes 821 AAS Goals •Develop data strategies to assure regulatory compliance •Re-establish community partnerships and strengthen the network of services •Prepare AAS for new mandates through staff and community training •Improve customer service through program integration •Maximize existing revenue streams to leverage innovative programs •Explore strategies for creating an aging-friendly county. 12-4-18 BOS Minutes 822 County Wide Planning for Age Friendly/ Intergenerational Aging and Adult Programs Contra Costa Public Services Community Based Programs 12-4-18 BOS Minutes 823 Age Friendly Domains •Communication and Information •Community Support and Health Services •Employment and Civic Participation •Outdoor Spaces and Buildings •Respect and Social Inclusion •Social Participation •Transportation •Housing 12-4-18 BOS Minutes 824 An invitation Age Friendly/Intergenerational Planning Homelessness and Housing Contra Costa County Area Plan A picture paints a thousand words…. 12-4-18 BOS Minutes 825 Questions? 12-4-18 BOS Minutes 826 Aging and Adult Services GROWTH AND CHALLENGES VICTORIA TOLBERT, AGING & ADULT SERVICES DIRECTOR EMPLOYMENT AND HUMAN SERVICES DEPARTMENT 10/4/18 12-4-18 BOS Minutes 827 65 and older projections 12-4-18 BOS Minutes 828 Federal Poverty Guideline $11,880 12-4-18 BOS Minutes 829 Continuum of Care •Adult Protective Services •In Home Supportive Services •Public Authority •Whole Person Care •Area Agency on Aging •General Assistance •Information and Assistance •SSI Advocacy Basic economic Support Link to services Prevention Services to maintain in the community Basic Social and Support services Advocacy and Planning Crisis intervention Short term case management Link to higher level care Services to remain safely in the home Coordination with health care Prevention of institutionalization 12-4-18 BOS Minutes 830 Coordination Goals No Wrong Door Reduced duplication Coordination between Health Care, Long Term Care, Community based services and Behavioral Health Reduced premature institutionalization Reduced hospitalization Improved health outcomes 12-4-18 BOS Minutes 831 Program highlights IHSS 9,940 Clients (Elderly, adults with disabilities, disabled children) Payroll 8,910 Providers AAA 12,000 I&A Calls 3,139 HICAP clients 331,250 Home Delivered Meals 175,000 Congregate Meals Ombudsman, Minor home modification, falls prevention, case management, etc. APS 4,484 abuse reports 12-4-18 BOS Minutes 832 Challenges Critical Staffing Issues •Shortage of direct service staff •Recruitment challenges Planning and Coordination •Need to focus on new mandates and the development of innovative and effective projects •Homelessness •Unlicensed board and care •Discharge planning Achieving Program Mandates •IHSS Assessment and Re-Assessment •APS Response 12-4-18 BOS Minutes 833 Contributing Factors Growth of the aging population without commensurate growth in funding 2008 Recession Impacts Eliminating county overmatch Withdrawal from community partnerships and erosion of mandated elder abuse reporting and investigation system Recruitment and retention of staff 12-4-18 BOS Minutes 834 APS Critical Issues Adult Protective Services (APS) is designed to investigate and mitigate abuse, neglect or exploitation of elder adults (65 years and older) and dependent adults (18-64 who are disabled) APS also provides information and referral to other agencies and educates the public about reporting requirements and responsibilities under the Elder and Dependent Adult Abuse Reporting Laws. 34% increase in abuse reports over the past year. Increased awareness Complexity of cases 12-4-18 BOS Minutes 835 IHSS Critical Issues - The IHSS Program will help pay for services provided to assist seniors and persons with disabilities to remain safely in their own home. IHSS is considered an alternative to out-of-home care, such as nursing homes or board and care facilities. Delayed intake assessments Ongoing reassessments –Quality Improvement Action Plan Workforce stability Professional development 12-4-18 BOS Minutes 836 New services New Opportunities 12-4-18 BOS Minutes 837 Cal OES Grant Forensic Center Elder abuse forensic centers are a new model of multidisciplinary collaboration on elder abuse cases. APS, law enforcement and LTC Ombudsman and community based partners join forces for the purpose of: conducting evaluations, lessening the burden of multiple interviews for alleged abuse victims, establishing integrated care plans, and gathering evidence for victims compensation or prosecution. 12-4-18 BOS Minutes 838 Rebuilding Partnerships Contra Costa County Office of the Sheriff Family Justice Center Contra Costa Health Services Conservatorship/Guardianship Program Contra Costa Regional Medical Center Mental Health/Psychiatry Contra Costa Behavioral Health Services Older Adult Mental Health Services Ombudsman Services of Contra Costa Contra Costa Alliance to End Abuse (Zero Tolerance for Domestic Violence Initiative) Office of the District Attorney Contra Costa County Meals on Wheels Senior Legal Services12-4-18 BOS Minutes 839 2nd Cal OES Grant –Elder Financial Abuse Direct Services include: Immediate Health and Safety Mental Health Assistance Assistance with Participation in Criminal Justice Proceedings Forensic Examinations Restorative Justice Skills Training for Staff Outreach 12-4-18 BOS Minutes 840 Multidisciplinary team Ombudsman Community Partners Law Enforcement Health Services Older Adult Mental Health 12-4-18 BOS Minutes 841 Financial Abuse Financial Institutions Law Enforcement Anti-Fraud Education Partnership with Area Agency on Aging Evidence 12-4-18 BOS Minutes 842 Elder Death Review To examine the circumstances of an elders death to identify gaps in services or in the system of care and make recommendations for correction: Coroners Office Law Enforcement Public Guardian Ombudsman Community Based Organizations 12-4-18 BOS Minutes 843 The end of a life….. IHSS,APS, Law Enforcement, Hospital, Nursing Home, Family….. Husband diagnosed with Alzheimer’s. Life insurance policies cashed out. Shows signs of dementia at time of husband’s death. Son finds home in disrepair, filthy. Discovers credit cards charged up in suspicious purchases. Car is missing. Son calls IHSS for help but application lost due to a clerical error. County investigates suspected fraud due to errors on IHSS application. None found. Placed in a nursing home. Research on violations show a pretty clean slate… Abuse/neglect in nursing home led to death. Death certificate cause of death... heart failure. 12-4-18 BOS Minutes 844 AAS Goals Develop data strategies to assure regulatory compliance Re-establish community partnerships and strengthen the network of services Prepare AAS for new mandates through staff and community training Improve customer service through program integration Maximize existing revenue streams to leverage innovative programs Explore strategies for creating an aging-friendly county. Facilitate the development of age friendly practices in all Contra Costa County departments and programs. 12-4-18 BOS Minutes 845 County Wide Planning for Age Friendly/ Intergenerational Aging and Adult Programs Contra Costa Public Services Community Based Programs 12-4-18 BOS Minutes 846 Age Friendly Domains Communication and Information Community Support and Health Services Employment and Civic Participation Outdoor Spaces and Buildings Respect and Social Inclusion Social Participation Transportation Housing 12-4-18 BOS Minutes 847 Steps to an Age Friendly Contra Costa County Assess Listening Sessions Key Informant Surveys Senior Survey Data Sharing Planning Domain Workgroups Advisory Council on Aging Implementation Evaluation 12-4-18 BOS Minutes 848 Our Cities Choice in Aging City by city resolution Listening sessions Multi-Generational Approach Community Garden Multigenerational Playground Contact: Debbie Toth CHOICE IN AGING 490 Golf Club Road Pleasant Hill, CA 94523 Phone: (925) 682-633012-4-18 BOS Minutes 849 An invitation Age Friendly/Intergenerational Planning Homelessness and Housing Contra Costa County Area Plan A picture paints a thousand words…. 12-4-18 BOS Minutes 850 Questions? 12-4-18 BOS Minutes 851 RECOMMENDATION(S): ACCEPT report from the Employment and Human Services Department on the oversight and activities of the Community Services Bureau. FISCAL IMPACT: There is no fiscal impact. BACKGROUND: Oversight of the Community Services Bureau and Head Start programs was originally referred to the Family and Human Services Committee (FHS) on March 1, 2005. Since that time the program has provided the Committee with annual updates on the programs and services provided. The last report was received by the FHS Committee on October 30, 2017. On October 22, 2018, FHS received the attached report from the Employment and Human Services Department Community Services Bureau regarding its program accomplishments, special initiatives and anticipated challenges. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/04/2018 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: Camilla Rand (925) 681-6300 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 4, 2018 , County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: EHS Director, Community Services Bureau Director, CAO-H&HS Deputy, CAO C.102 To:Board of Supervisors From:FAMILY & HUMAN SERVICES COMMITTEE Date:December 4, 2018 Contra Costa County Subject:Community Services Bureau/Head Start Oversight 12-4-18 BOS Minutes 852 BACKGROUND: (CONT'D) Community Services Bureau Director Camilla Rand also reported on the closing of one Richmond child service facility and seeking relocation for the Central Kitchen. The Kitchen currently produces about 40,000 meals each month. A positive legislative change discussed was the consolidation of childcare licenses to requiring one for ages 0 to 5. The department is contending with a staffing shortage by initiating a Teacher Apprenticeship program. Ms. Rand advised that three reviews are expected this year, and that members of the Board of Supervisors will likely be interviewed as part of the review process. ATTACHMENTS 2017/18 Community Services Bureau Report 12-4-18 BOS Minutes 853 CSB Report to FHS for 10.22.18 Page 1 40 Douglas Drive, Martinez, CA 94553 • (925) 608 5000 • Fax (925) 608-9748 • www.ehsd.org To:  Family and Human Services Committee  Contra Costa County Board of Supervisors Date: October 22, 2018 From: • Kathy Gallagher, Department Director • Camilla Rand, Community Services Bureau Director Subject: FHS Referral #78 Community Services Bureau/Head Start Oversight (Consent Item) I. Overview: Please accept this annual update for the Employment and Human Services Department, Community Services Bureau (CSB). Each member of the Board of Supervisors received CSB’s 2017-18 annual report highlighting the years’ successes. This memo will highlight key 2018 topics and challenges that continue as areas of focus in the year to come. II. 2018 Key Highlights:  Implementation of 2017 Early Head Start grant in the amount of $3.6 million to serve 190 new infants and toddlers county-wide. This grant allowed for new partnerships and the opening of new CSB classrooms.  Successful cost of living negotiations with PEU, Local One.  The closure of the Brookside Center in Richmond.  New funding to the Bureau: M E M O R A N D U M Kathy Gallagher, Director 12-4-18 BOS Minutes 854 CSB Report to FHS for 10.22.18 Page 2 III. Key 2018 Legislation Impacting the Bureau:  AB 605 – Signed by the Governor. Allows for one childcare license for center- based programs rather than multiple licenses by age of children served.  AB 2370 – Signed by Governor. Expands mandatory lead testing of water to childcare centers.  AB 2626 – Signed by the Governor. Increases eligibility, streamlines processes and allows for 2 staff development days per year.  Budget trailer language – Signed by the Governor. Allows LEAs serving preschool children to be exempt from licensing standards  Proposed Changes to Public Charge – early to determine, but our families are recipients of programs being included in the proposal IV. Ongoing Challenges:  Replacing CSB’s central kitchen: We have identified a space on 23rd Street in Richmond which is the current Veteran’s Building. CSB is working with Public Works to negotiate space needed for the kitchen and possibly Las Deltas replacement.  Teaching staffing shortage: CSB continues to hover at a 10% shortage in our Associate Teacher and Teacher positions, primarily in positions working with infants and toddlers. There are three key reasons for the shortage: o High cost of living in the Bay Area. Many of our staff struggle to make ends meet. * Source: Family of four includes two parents and a preschooler and school-aged child. Based on Self Sufficiency Standard, Center for Women’s Welfare $0 $20,000 $40,000 $60,000 $80,000 $100,000 $120,000 CCC 2018 Basic Cost of Living* Site Supervisor (CSB Salary) Master Teacher (CSB Salary) Teacher (CSB Salary) 2018 Contra Costa County Cost of Living vs CSB Salaries 12-4-18 BOS Minutes 855 CSB Report to FHS for 10.22.18 Page 3 o Staff migration: Our greatest staffing shortage is in West County. Staff are moving out of the county or farther east. SB Staff Residence Percentage WEST COUNTY 31% EAST/ CENTRAL 58% OTHER COUNTY 11% o Transitional Kindergarten and other subsidized programs in the area. o Nation-wide shortage: programs throughout the state/ nation are experiencing staffing shortages.  Changing demographics of families: Just as our staff are moving east, our families are also moving and with the high cost of living in the Bay Area, many families who stay do not qualify for our program. o Enrolled Families: o Waitlisted Families:  Funding to support facility needs: we have been fortunate to receive Program Improvement grants this year to address health and safety needs which are approximately $600,000-$800,000 per year. The Las Deltas Center in North Richmond will most likely be closing over the coming year as the Housing Authority is selling the property and an alternate location will need to be Location Total Percentage WEST COUNTY 851 44% EAST/ CENTRAL COUNTY 1110 56% Location Total Percentage WEST COUNTY 2292 32% EAST/CENTRAL COUNTY 4924 68% 2018 POVERTY GUIDELINES FOR THE 48 CONTIGUOUS STATES AND THE DISTRICT OF COLUMBIA Persons in family/household Poverty guideline 3 $20,780 4 $25,100 5 $29,420 12-4-18 BOS Minutes 856 CSB Report to FHS for 10.22.18 Page 4 determined. Several of our buildings and modulars are aging, and needing multiple repairs such as roofing, painting and playground replacements. V. Moving Forward:  Overall Funding: o $200 million increase for federal Head Start and Early Head Start – COLA and Early Head Start expansion in 2019. o Securing funding to support the central kitchen. o Advocating for more State funding to surpass the 2006-07 level (still $250 million lower in California) to include quality funds.  Investing in our staff: o Growing our own through Teacher Apprentice and LINKED programs in partnership with Contra Costa and Diablo Valley Colleges. o Wage surveys o Advocating for national, state and local investment in the workforce. o Marketing and advertising in new and innovative ways o Retention strategies that focus on staff competencies, trauma informed practice, staff wellness, reflective supervision and practice and recognition programs.  Revisiting program delivery of services county-wide.  Review year: We expect a Federal Focus Area One review and a State triennial review before June 2019.  We continue to be the largest and high quality childcare provider in the county. 12-4-18 BOS Minutes 857 Teaching Positions Salary Comparison – February 2018 February 2018 Prepared using California Head Start Association 2017 Salary Survey Data $0.00 $10,000.00 $20,000.00 $30,000.00 $40,000.00 $50,000.00 $60,000.00 $70,000.00 Site Supervisor Associate Teacher Infant Toddler Associate Teacher Infant/Toddler Master Teacher Infant/Toddler Teacher Master Teacher Teacher Teacher Assistant Trainee Teaching Positions Salary Comparison-February 2018 State Cluster V CSB 12-4-18 BOS Minutes 858 qualitychildcarematters.org Community Services Centers Are High Quality Fourteen Contra Costa County Community Services Bureau child care centers participate in Contra Costa’s Quality Matters Program (QM), which helps child care programs offer the best care possible. Centers are rated on their level of quality and receive training, incentives, coaching and support to raise their ratings. HIGHLIGHTS: Every center received the highest ratings possible. CSB Centers received over $250,000 in grants in the 2017–2018 school year for the enhancement of classrooms to maintain quality. This year, over 800 preschoolers will leave CSB, ready for kindergarten, with the benefits of high-quality preschool. Ratings are based on elements such as child observation, developmental and health screenings, lead teachers’ qualifications, effective teacher-child interactions (CLASS assessments), and program environment rating scale (ERS) assessment. RATINGS: 3 = Implementing Quality Standards | 4 = Mastering High-Quality Standards | 5 = Exceeding High-Quality Standards CENTERS RATING Ambrose, Bay Point 4 Balboa, Richmond 5 Bayo Vista, Rodeo 4 Contra Costa College, San Pablo 4 Crescent Park, Richmond 4 George Miller Center, Concord 4 George Miller III, Richmond 5 CENTERS RATING Las Deltas, Richmond 4 Lavonia Allen, Bay Point 4 Los Arboles, Oakley 5 Los Nogales, Brentwood 4 Marsh Creek, Brentwood 5 Riverview, Bay Point 4 Verde, Richmond 4 October 201812-4-18 BOS Minutes 859 SESSION 1: August — December 2018 ECHD 220: Child, Family, and Community & ECHD 150: Infant Toddler Development SESSION 2: January—May 2019 ECHD 121: Child Growth, and Development & ECHD 123: Creative Activities In Partnership with: Contra Costa County Community Services Bureau, YMCA of the East Bay and Contra Costa College Monica De Vera, Program Coordinator 925-681-6333 mdevera@ehsd.cccounty.us  12 TRANSFERRABLE UNITS IN EARLY CHILDHOOD EDUCATION  A CHILD DEVELOPMENT ASSOCIATE TEACHER PERMIT UPON COMPLETION  EDUCATIONAL SUPPORT AND TUTORING TO MEET INDVIDUAL NEEDS  FREE TUITION WITH LAPTOPS AND TEXTBOOKS AVAILABLE THE HEAD START Contact us to learn more: Sessions will be held at Balboa Children’s Center Tuesdays & Thursdays from 4:30 –7:40 PM PROGRAM PARTICIPANTS WILL RECEIVE: 12-4-18 BOS Minutes 860 RECOMMENDATION(S): ACCEPT report from the Employment and Human Services Director on the Department's use of technology to support client services and staff efficiencies. FISCAL IMPACT: There is no fiscal impact. BACKGROUND: On June 7, 2016, the Board of Supervisors approved the Employment and Human Services Director's recommendation to refer oversight on the impacts of technology on access to public benefits to the Family and Human Services Committee (FHS), due to the department's reworking of its business processes and development of technologies to make remote access of public benefits more common for its clients. This became FHS Referral No. 114. This is the third report to FHS on this referral. The last report was made in November 2017. Please see the attached report from the Employment and Human Services Department with an update on the Department's use of technology to support client services and staff efficiencies. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/04/2018 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: Mike Roetzer 925-608-4810 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 4, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: EHS Director, EHSD Administration, CAO-H&HS Deputy, CAO C.103 To:Board of Supervisors From:FAMILY & HUMAN SERVICES COMMITTEE Date:December 4, 2018 Contra Costa County Subject:Maximizing Technology for Customer Service & Administrative Efficiency in the Employment and Human Services Department 12-4-18 BOS Minutes 861 BACKGROUND: (CONT'D) Employment and Human Services Department, Administrative Services Director Michael Roetzer presented the report. Mr. Roetzer reported on some of the technological advancements EHSD has made, including: video conferencing for American Sign Language customers, redesigning the website, expanding video conferencing in lieu of in-person or over the phone for increased efficiency and effectiveness, using electronic signatures on certain forms, getting mobile devices to more in-home supportive services staff, and encouraging clients to use My Benefits in CalWIN for case updates. ATTACHMENTS 2018 EHSD Administrative Services Bureau Report 12-4-18 BOS Minutes 862 40 Douglas Drive, Martinez, CA 94553 • 925.608.5000 • Fax (925) 313-9748 • www.ehsd.org To: Family and Human Services Committee Date: October 22, 2018 From: Kathy Gallagher, EHSD Director Subject: #114 Maximizing Technology for Customer Service and Administrative Efficiency The Employment and Human Services Department (EHSD) remains committed to using technology to support our customers and to allow our staff to deliver an exemplary customer experience. This goal is in our Values, our strategic plan and our culture. We cont inue to seek out best practices in using technology to enhance service delivery. At the same time, this year saw decrease in funding allocated by the State that previously allowed EHSD to be on the leading edge of technology. EHSD staff has also been ac tive in working with the State on significant changes in the major technology programs we use to manage our social services programs. We have to deal with the impact of significant changes as the State upgrades and modernizes mature systems that impact our service delivery. Even in the face of declining revenue and competing priorities, we remain committed to implementing process and technology improvements for our customers. We implemented a number of improvements and changes highlighted below:  Workers that support our In-Home Supportive Services (IHSS) Program are mobile and work in remote locations to support our IHSS recipients. Having case records available on mobile devices greatly enhances their ability to serve our customers. At the same time, not carrying paper records greatly enhances the security of customer information. We have provided our workers with mobile technology and we put all our IHSS case records into electronic files that can be accessed from any location. This puts all the information the worker needs at their fingertips and when the customer interaction is completed, to obtain an electronic signature if needed.  We know that over 95% of our customers receiving services in our District Offices have smart devices. As a customer service and to ensure we can connect with them, we have provided cell phone charging stations at all of our District Offices. These charging stations allow several phones to be charged at the same time. M E M O R A N D U M Kathy Gallagher, Director 12-4-18 BOS Minutes 863 2  We recently completed implementation of a video conferencing solution to support customers that communicate via American Sign Language (ASL). In the past, we had to arrange for on-site ASL interpreters which had the potential to delay scheduling a customer visit. This video conferencing solution is fast and provides a “personal” touch by allowing the customer and the ASL interpreter to see each other. This process was recognized by the State and shared with other counties.  We continue to work to bridge the digital divide for our social services customers. Our continuing efforts in working with a nonprofit organization, we provided over 100 personal computers (PC) to our customers via our PC Donation Project. This is a partnership between the nonprofit, Tech Exchange, and EHSD and has been in operation for several years.  We opened four Navigation Centers and have Navigators in place to provide information and services to our customers. EHSD implemented a software tool to support worker interviews with customers, assess their needs, and provide a list of services that the customer may be eligible to receive.  Designed and implemented an outbound call capability for CalWORKs to ensure a one-stop capability to interact with the customer by phone, obtain the information needed and obtain an audio recording of the customer’s signature, simplifying the process for our workers and the customer.  While not directly supporting Contra Costa residents, EHSD staff deployed to support residents of Sonoma County during the recent fires. These deployments we re in support of requests from the State as well as the American Red Cross. We have been able to use the information from these deployments to learn lessons that will greatly benefit staff and customers when an emergency calls for us to provide services t o the residents of Contra Costa County.  Redesigned www.ehsd.org to better promote the various programs, including home page promotion of EHSD services and county hotlines. The services include HICAP, Energy Assistance, VESTIA, Violence Prevention and the Workforce Development Board.  Implemented an auto-callback feature for our Medi-Cal CalFresh Service Center. This permits customers to avoid waiting on hold for the next available agent if lengthy wait times are projected. Customers leave their callback number and are called back when their turn comes up. 12-4-18 BOS Minutes 864 3  Publication 13 (Pub13), Your Rights Under California Welfare Programs, must be available in all customer waiting and reception areas and must be distributed and explained to all applicants and recipients at initial intake and reinvestigation of eligibility. Pub 13 must be available in a large number of languages. The requirement to provide this information to our customers is part of the State’s Civil Rights Program and includes information on what customers can do if they have a complaint. EHSD implemented an on-line tool for effective and timely delivery of this information. This eliminated the search for recorders and equipment to play the audio recordings provided by the state. This process was in use during a recent Civil Rights evaluation of EHSD facilities and the California Department of Social Services (CDSS) is recommending other counties follow Contra Costa’s lead. EHSD is facing a number of challenges as it moves forward including:  Declining revenue due to state cuts in program allocations.  The need to reallocate technology staff to work on significant changes to state systems.  The need to adjust business processes and models to changes in caseloads. With the decline in State revenue, EHSD will need to adjust how we deliver services. We must focus on the use of technology to better engage our customers.  Many of our customers are “tech savvy” and we are pursuing opportunities to gather information on how we can enhance their ability to interact with us. EHSD is planning or implementing technology initiatives that will continue to add value to our ongoing effort to provide exceptional customer service and maximize the use to technology. Some of these initiatives are:  Enhancing two way communications between workers and customers using text and email messages.  Expanding the use of video conferencing. As previously reported we are using video conferencing for CalWORKs customers but we are exploring the use of this tool for other programs and to allow customers to video conference from any location using smart devices.  Expanding the use of telephonic signatures for easier recertification of benefits.  Implement outbound calls for CalWORKs customers using auto-scheduling and auto- call back to more quickly process customer applications.  Work with our translation service to offer video conferencing for non-English speaking customers. This will ensure that we have a resource available at all times during business hours in all the languages supported by the contractor.  We will continue to work with new and existing customers to encourage the use of My Benefits CalWIN (MyBCW), an online portal that is available 24/7 and allows for the completion of new applications, recertification, and checking on case status. 12-4-18 BOS Minutes 865 4 12-4-18 BOS Minutes 866 RECOMMENDATION(S): APPROVE clarification of Board Action of October 9, 2018 (Item C.33), which authorized the Health Services Director to execute Grant Agreement #29-540-5 with the Department of Housing and Urban Development, to reflect the intent of the parties in which the amount payable to the County should read $385,900 instead of $317,135 for the County’s Homeless Destination Home Program, with no change in the term of December 1, 2018 through November 30, 2019. FISCAL IMPACT: Approval of this agreement will allow the County to receive an amount not to exceed $385,900 from the U.S. Department of Housing and Urban Development for the County’s Homeless Destination Home Program. A County match of 25% is required. BACKGROUND: The County’s Homeless Destination Home Program provides permanent supportive housing to adults throughout Contra Costa County. The Program includes case management, assistance with enrolling in benefits and services, including access to peer support groups are all part of a larger continuum of services that allow individuals to work through many of the issues that APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/04/2018 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Lavonna Martin, 925-313-7704 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 4, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: L Walker, M Wilhelm C.104 To:Board of Supervisors From:Anna Roth, Health Services Director Date:December 4, 2018 Contra Costa County Subject:Approve Clarification of October 9, 2018 Board Order Item #C33 with the Department of Housing and Urban Development 12-4-18 BOS Minutes 867 BACKGROUND: (CONT'D) led to their homelessness, while simultaneously moving toward a more sustainable future. Other benefits of the program include assistance in accessing benefits like Medi-Cal, Social Security Income and Supplemental Security Disability Insurance, referral to services, health and life skills education, crisis intervention and counseling. Participants enrolled will have access to County Behavioral Health Services/Mental Health, County Health Care for the Homeless, and County Alcohol and Other Drug Services. On October 9, 2018, the Board of Supervisors approved Contract #29-540-5 with the U.S. Department of Housing and Urban Development to receive funds for the County’s Homeless Destination Home Program for the period from December 1, 2018 through November 30, 2019. The purpose of this Board Order is to correct the amount payable to the County from $317,135 to $385,900, to reflect the intent of the Parties. CONSEQUENCE OF NEGATIVE ACTION: If this agreement is not approved, County will not receive funding and without such funding, the County’s Homeless Destination Home Program may have to operate at a reduced capacity. 12-4-18 BOS Minutes 868 RECOMMENDATION(S): DECLARE as surplus and AUTHORIZE the Purchasing Agent, or designee, to dispose of fully depreciated vehicles and equipment no longer needed for public use, as recommended by the Public Works Director, Countywide. FISCAL IMPACT: No fiscal impact BACKGROUND: Section 1108-2.212 of the County Ordinance Code authorizes the Purchasing Agent to dispose of any personal property belonging to Contra Costa County and found by the Board of Supervisors not to be required for public use. The property for disposal is either obsolete, worn out, beyond economical repair, or damaged beyond repair. CONSEQUENCE OF NEGATIVE ACTION: Public Works would not be able to dispose of surplus vehicles and equipment. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/04/2018 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Nida Rivera, (925) 313-2124 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 4, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C.105 To:Board of Supervisors From:Brian M. Balbas, Public Works Director/Chief Engineer Date:December 4, 2018 Contra Costa County Subject:Disposal of Surplus Property 12-4-18 BOS Minutes 869 ATTACHMENTS Surplus Vehicles & Equipment 12-4-18 BOS Minutes 870 ATTACHMENT TO BOARD ORDER DECEMBER 4, 2018 Department Description/Unit/Make/Model Serial No. Condition A. Obsolete B. Worn Out C. Beyond economical repair D. Damaged beyond repair COUNTY ADMINISTRATOR 2002 FORD E-250 C. VAN #4607 (110657 MILES) 1FTNE24L12HA81666 B. WORN OUT PUBLIC WORKS 1998 FORD E-250 C. VAN #4491 (104073 MILES) 1FTPE24L1WHB92104 B. WORN OUT PUBLIC WORKS 2002 FORD F-450 DUMP TRUCK #6331 (125168 MILES) 1FDXF47F42ED67614 B. WORN OUT SHERIFF 2014 FORD INTERCEPTOR SEDAN #2422 (118467 MILES) 1FAHP2MT6EG129721 B. WORN OUT SHERIFF 2015 FORD INTERCEPTOR SUV #3505 (33678 MILES) 1FM5K8AT9FGC27187 D. DAMAGED BEYOND REPAIR SHERIFF 2009 FORD CROWN VICTORIA. #2960 (74341 MILES) 2FAHP71VX9X139039 B. WORN OUT HEALTH SERVICES 2004 CHEVY S-10 BLAZER #3664 (80217 MILES) 1GNDT13X14K145203 B. WORN OUT. PUBLIC WORKS 1999 DOT-SIGN DH1000 SLD #9146 ( ) 1A9H1210XXM157309 B. WORN OUT 12-4-18 BOS Minutes 871 RECOMMENDATION(S): 1. AUTHORIZE initiation of a General Plan Amendment (GPA) process to consider changing the General Plan land use designation from "Commercial" (CO) to "Multiple-Family Residential-Very High Special" (MS) for a .98-acre vacant parcel located on the 700 block of Willow Avenue in Rodeo, Assessor's Parcel Number 357-120-074. (File #GP18-0007) 2. ACKNOWLEDGE that granting this authorization does not imply any sort of endorsement for the application to amend the General Plan, but only that the matter is appropriate for consideration. FISCAL IMPACT: None. If the authorization is granted, the project applicant (County Housing Successor) will pay application fees to cover the cost of processing the GPA. BACKGROUND: The County Housing Successor is the owner of a 0.98 acre vacant site, adjacent to the Rodeo Senior Apartments, on the 700 block of Willow Avenue in Rodeo. The subject site, APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/04/2018 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: Maureen Toms (925)674-7878 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 4, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C.106 To:Board of Supervisors From:John Kopchik, Director, Conservation & Development Department Date:December 4, 2018 Contra Costa County Subject:General Plan Amendment Study-Rodeo Housing Successor Site 12-4-18 BOS Minutes 872 BACKGROUND: (CONT'D) along with the site where the senior apartments are located, were acquired by the County Redevelopment Agency in 1998 using Low Moderate Income Housing Funds (LMIHF). The site was subdivided, with one acre being used for the senior apartments and the remaining parcel (subject parcel) available for future development. Since the subject site was acquired using LMIHF, the site became an asset of the Housing Successor after the dissolution of redevelopment. A 50-unit senior housing development was completed on the adjacent parcel in 2002. The non-profit housing developer of the senior housing project, EAH, is interested in expanding their project to include the subject site. The County entered into an Exclusive Negotiating Agreement with EAH to explore the potential. In addition to new housing units, EAH has been exploring the idea of constructing space for a senior center which could replace the existing space currently owned by the County. Since the request to explore senior center space was requested by the County and the site is an asset of the County Housing successor, this is a County-initiated General Plan Amendment Study. Staff emphasizes that authorization to proceed with the GPA process does not imply the Board's support or endorsement for the application to amend the General Plan, but only that this matter is appropriate for further consideration. CONSEQUENCE OF NEGATIVE ACTION: If the Board does not authorize initiation of the GPA process, then an application to amend the General Plan cannot be filed and the subject site will retain its CO land use designation. ATTACHMENTS Rodeo San Pablo Ave Hwy 80 map 12-4-18 BOS Minutes 873 §¨¦80 §¨¦80 Hercules Parker AveWil low A v e San Pablo AveW i l l o w A v e San Pablo Ave Parker AveSan Pablo Ave4th St 7th StVaqueros Ave3rd St 1st St Napa Ave2nd St Elm DrGarretson AveHawthorne DrVallejoAveLake AveRodeo AveMariposa St Ca lif o r n ia S t Mahoney St PacificAve 6th St R e g a t t a P o i n t SuisunAveSonomaAveSeascape CirVictoria Cres WHarris AveSpruce CtEdwa rd W e r th D r Craftsman DrViewpointBlvdN S h e l t e r B a y L a urelCt 5th StRailroad AveJohn StSShelterBay Linus Paulin g Dr BeachpointWaySharon AveVi c t o r i a P a r k Lantern B a y S a n P a b lo A v e Pinole AveTrig g e r R d R o ck H arb or P oint MaritimeTer Demp s e y W a y P aradise D rVict o r i a C r e s E W averlyCir W atermark T er H a rborWaySh o r e b i r d D r Tu lli bee Rd D o c ksideBayCoralR i dgeCir Tormey Ave Barne s W a y NauticalCoveSa l t S p r a y T e r Jacaranda CtInvestment St Camelia CtBowspirit Ln2nd St 6th St 2nd St Suisun AveLake AveJohn St Victoria P ark 3rd St 1st St Rodeo AveC a l i f o r n i a S tRailroad AveMap Created 11/26/2018by Contra Costa County Department ofConservation and Development, GIS Group30 Muir Road, Martinez, CA 9455337:59:41.791N 122:07:03.756WI06251,250312.5 Feet 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. 12-4-18 BOS Minutes 874 RECOMMENDATION(S): RECEIVE the Housing Successor Annual Report for Fiscal Years 2013-14 through 2016-17 and DIRECT staff to file the report with the Department of Housing and Community Development and post the report on the County website. FISCAL IMPACT: There is no impact to the General Fund related to receiving and filing this annual report on the County’s activities as the housing successor to the former Contra Costa County Redevelopment Agency. BACKGROUND: The County is the housing successor to the former Contra Costa County Redevelopment Agency (“Redevelopment Agency”), which was dissolved on February 1, 2012. Each housing successor is required to prepare an annual report on how it is meeting requirements imposed by Health and Safety Code Section 34176.1. The annual report is required to contain the following: (1) a summary of housing successor duties; (2) the balance of the Low and Moderate Income Housing Asset Fund (“Housing Asset Fund”); (3) an inventory of properties held in the Housing Asset Fund; APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/04/2018 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: Maureen Toms (925) 674-7878 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 4, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C.107 To:Board of Supervisors From:John Kopchik, Director, Conservation & Development Department Date:December 4, 2018 Contra Costa County Subject:Housing Successor Annual Report for Fiscal Years 2013-14 to 2016-17 12-4-18 BOS Minutes 875 BACKGROUND: (CONT'D) and (4) reports on performance thus far in meeting the income and age proportionality requirements of Health and Safety Code Section 34176.1. The report is due to the California Department of Housing and Community Development by April 1st each year and must be posted on the County’s website. This report brings the Housing Successor into compliance with reporting requirements. The report for Fiscal Years 2013-14 to 2016-17 is being presented to the Board of Supervisors for its reference. The County is meeting all requirements imposed by Health and Safety Code Section 34176.1. The County’s progress on major requirements is summarized below. The balance in the fund as of June 30, 2017 was approximately $10.8 million, of which $7.0 million are bond proceeds issued prior to dissolution for affordable housing purposes. Revenues received during the period were modest with three exceptions. Proceeds from bond financings that were conducted before dissolution were allowed to be transferred to the Housing Successor in 2013-14. Secondly, the repayment of a loan from the Housing Fund to the Former Agency prior to dissolution was repaid through the ROPS process in 2015-16 (“SERAF Loan”). Finally, during 2016-17, the Agency received nearly $3 million in land sale proceeds. The specific amounts deposited are shown for each fiscal year on Table 1 of the report. As the housing successor, the County owns 58 parcels with a statutory value of $7.67 million. Three parcels owned by the housing successor (1250 Las Juntas) were sold to the Habitat for Humanity for the development of affordable housing within the city limits of Walnut Creek. The amount the Housing Successor is spending for housing monitoring and administrative costs is well below the then current limit as required by Health and Safety Code 34176.1(a)(1). Allowable administrative expenses for fiscal years 2013-14 and 2014-15 were limited to an amount equal to 2.0 percent of the total of the amount of loans receivable and statutory value of land held for resale. Commencing in 2015-16, that limit increased from 2.0 percent to 5.0 percent. Table 1 of the report shows actual expenditures and the maximum allowable for each fiscal year. Non-administrative expenditures from the Housing Fund were focused on expenditures related to Heritage Point Affordable Housing Project. This project will consist of a four story 42 unit multifamily apartments with one to three bedrooms which will be available to Very Low Income Households. CONSEQUENCE OF NEGATIVE ACTION: The County will be out of compliance with the requirements of Health and Safety Code Section 34176.1. ATTACHMENTS Housing Successor Report 12-4-18 BOS Minutes 876 County of Contra Costa as Housing Successor to the Contra Costa Redevelopment Agency Annual Housing Report Fiscal Years 2013-14 to 2016-17 October 24, 2018 Prepared for: the Contra Costa County Housing Successor by: DHA Consulting Long Beach, CA 12-4-18 BOS Minutes 877 Annual Report County of Contra Costa Housing Successor Introduction This document represents the annual report of the Housing Successor of the County of Contra Costa, acting as housing successor to the former Contra Costa County Redevelopment Agency, which entity was dissolved in 2012 (“Former Agency”). This report is required pursuant to Section 34176.1 of the Health and Safety Code which was effective January 1, 2014 and replaces other types of annual reporting required of former redevelopment agencies. The report summarizes revenues, expenditures and fund balances included in the County’s Consolidated Annual Financial Report (“CAFR”) and also includes a review of Housing Successor’s status on meeting certain housing related requirements. The items to be included in this annual report are specific and are enumerated in Section 34176.1(f) of the Health and Safety Code. Changes to the reporting requirements in Section 34176.1(f) were included in SB 107, which was enacted in September 2015 and became effective immediately. This annual report includes the reporting requirements added by SB 107 and covers fiscal years 2013-14, 2014-15, 2015-16 and 2016-17. Redevelopment Dissolution Act In December 2011, the California Supreme Court issued its opinion in the case of California Redevelopment Association, et al., v. Matosantos, et al. The Court upheld the right of the state to dissolve redevelopment agencies pursuant to Part 1.85 (commencing with Section 34170) of Division 24 of the California Health and Safety Code, enacted by AB x1 26, and as amended on June 27, 2012 by AB 1484 (the “Dissolution Act”). Based on modified time lines approved by the Court, all redevelopment agencies, including the Former Agency, were dissolved effective February 1, 2012. The County of Contra Costa elected to serves as the governing body for the Former Agency’s low and moderate income housing assets (“Housing Successor”). Under the Dissolution Act, successor agencies are charged with winding down the affairs of the former redevelopment agencies and paying their obligations. Housing successors are different legal entities and have different duties under the Dissolution Act. Housing successors received the non-cash housing assets1 of former redevelopment agencies and are charged with monitoring and maintaining existing low-and moderate income housing assets and meeting outstanding requirements for former redevelopment agencies. Under the Dissolution Act, housing successors have no ongoing revenue source except for program income (revenue generated by non-cash housing assets) and 20 percent of loan repayments, if any, made by successor agencies to cities as repayment of loans the cities made to the former redevelopment agencies under the special repayment provisions of the Health and Safety Code (Section 34191.4). In the County of Contra Costa, there are not any loans from the County to the Former Agency that are subject to the provisions of Section 34191.4. Definition of Income Levels Housing successors are required to spend their funds to assist low income households obtain decent, safe and sanitary housing. These requirements define various types of low income households. The definitions categorize households with like incomes into groups and label them according to how their income compares to the median income of households in the region. These categorizations are as follows: 1 In addition to non-cash housing assets, the Successor/County was able to retain any cash that was encumbered for specific housing obligations. 12-4-18 BOS Minutes 878 Annual Report Contra Costa County Housing Successor Extremely Low Income incomes at or below 30% of area median income, adjusted for family size Very Low Income incomes between 31% and 50% of area median income, adjusted for family size Low Income incomes between 51% and 80% of area median income, adjusted for family size Moderate Income incomes between 81% and 120% of area median income, adjusted for family size Current Housing Successor Requirements SB 341 was enacted in 2013 and imposed new housing requirements on entities acting as housing successors to former redevelopment agencies beginning January 1, 2014, including but not limited to new reporting requirements. Specifically, SB 341 amended Section 34176 and added Section 34176.1 to the Health and Safety Code, which clarified the provisions for the Health and Safety Code that pertain to housing successors and outlined some significant new housing-related requirements. These requirements apply to unencumbered funds held by housing successors and provide that these funds must be used as was previously required for monies in former redevelopment agencies’ low and moderate income housing funds. This clarification was needed because the 2012 dissolution of all redevelopment agencies in the state, including the Former Agency, raised a number of questions as to which part of the housing provisions of the Health and Safety Code were applicable to housing successors. SB 341, as amended by SB 107 in 2015 made a number of changes to the regulations governing housing related expenditures. Five of the biggest changes that impact this report include:  Administrative Costs: Administrative costs can equal up to 5.0 percent of a housing successor’s real property value. From January 1, 2014 to January 1, 2015, administrative costs were capped at 2.0 percent of a housing successor’s real property value. Prior to January 1, 2014, the amount spent on administration needed to be “reasonable”, but was not quantified.  Senior Housing: The formula for limiting senior housing is loosened somewhat from previous requirements, and is discussed under “Expenditure Targeting by Age, Section 34176.1(f)(11)” below.  Excess Surplus: The formula for excess surplus and the requirements for housing successors that have a surplus were revised and are discussed under “Excess Surplus, Section 34176.1(f)(12)” below.  Time Limitations for Land: The requirements for the length of time Housing Successors may hold land purchased were modified somewhat from prior law and are discussed under “Duration of Land Held: 34176.1(f)(8)” below.  Expenditure Targeting: Dollar targeting requirements were significantly tightened and essentially prohibit expenditures for moderate income households. In addition, the new requirements provide new targets on which income levels housing successors must spend their funds to assist. Eighty percent of unencumbered funds must be geared for those households earning 60 percent or less of the median income. The balance is to be spent on households earning 61 to 80 percent of median income. This differs from previous requirements when percentages were different and expenditures for Moderate Income households were permitted. Demonstration of compliance with these requirements is not required to be reported until 2019. 12-4-18 BOS Minutes 879 Annual Report Contra Costa County Housing Successor As discussed above, the Contra Costa County Redevelopment Agency was dissolved as of February 1, 2012. This process ceased the Agency’s receipt of 20 percent of tax increment revenues to fund housing projects. In addition, unencumbered cash in the possession of the Former Agency as of dissolution was required to be distributed to the base year taxing entities rather than be used for additional housing projects. The only source of annual funding available to the Housing Successor is income received from assets held: principal and interest payments on any funds the Agency/Successor has loaned, land sale proceeds, and interest income. In addition, the Housing Successor has available for eligible expenditures the proceeds of bonds that were issued by the Former Agency for housing purposes. Reporting for Section 34176.1 The current Section 34176.1 reporting requirements include 13 separate items on which the Successor must report. Many of the requirements involve simply reporting a number or numbers included in the Successor’s latest audited financial statements, which are included in the County’s Consolidated Annual Financial Report (CAFR). This report is based on the CAFR for the 2013-14 through 2016-17 fiscal years and includes specific reporting for the Housing Successor. For the convenience of the reader, responses to all 13 items are included in Table 1. Those items which require additional calculations to document are included in Tables 2 through 5 and Appendix A. A brief description of each of the reporting requirements as they apply in Contra Costa County is also included below. County Loan Repayments: 34176.1 (f) (1) SB 107 added an additional requirement to the reporting requirements outlined by SB 341. The annual report is to include any housing revenue housing successors received from successor agencies. Specifically, an amount equal to 20 percent of certain loan repayments between cities and successor agencies that are subject to Health and Safety Code Section 34191.4 is to be reported. This requirement is not applicable for Contra Costa County as there is no outstanding loan between the County and the Former Agency. Housing Fund Deposits: 34176.1 (f) (2) The annual report is to include reporting on the amounts deposited in the Housing Fund each year. Any amounts received from the Successor Agency for items included on the ROPS are to be reported separately from other funds. Revenues received during the period were modest with three exceptions. Proceeds from bond financings that were conducted before dissolution were allowed to be transferred to the Housing Successor in 2013-14. Secondly, the repayment of a loan from the Housing Fund to the Former Agency prior to dissolution was repaid through the ROPS process in 2015-16 (“SERAF Loan”). Finally, during 2016-17, the Agency received nearly $3 million in land sale proceeds. The specific amounts deposited are shown for each fiscal year on Table 1. Housing Fund Balance: 34176.1 (f) (3) SB 341 requires that the annual report include the fund balance in the Housing Fund as of the end of the year. The balance in the fund as of June 30, 2017 was approximately $10.8 million, of which $7.0 million are bond proceeds issued prior to dissolution for affordable housing purposes. The balances in the Housing Fund as of the end of prior fiscal years were lesser amounts and are shown in Table 1. The value associated with outstanding housing loans and any land owned by the Housing Successor are not included in this balance as they do not represent cash available to the Successor. Annual Expenditures: 34176.1 (f) (4) The annual report is to include a description of expenditures from the Housing Fund by category. As required, a description of expenditures from the Housing Fund by category is included as items 4 and 7 on Table 1. The amount the Housing Successor is spending for housing monitoring and administrative costs is well below the then current limit as required by Health and Safety Code 34176.1(a)(1). Allowable 12-4-18 BOS Minutes 880 Annual Report Contra Costa County Housing Successor administrative expenses for fiscal years 2013-14 and 2014-15 were limited to an amount equal to 2.0 percent of the total of the amount of loans receivable and statutory value of land held for resale. Commencing in 2015-16, that limit increased from 2.0 percent to 5.0 percent. Table 1 shows actual expenditures and the maximum allowable for each fiscal year. Non-administrative expenditures from the Housing Fund were focused on expenditures related to Heritage Point Affordable Housing Project. This project will consist of a four story 42 unit multifamily apartments with one to three bedrooms which will be available to Very Low Income Households. When completed, residents can take 15-minute AC Transit bus ride directly from the site to the Richmond BART Station, approximately 2 miles away. Real Property: 34176.1 (f) (5) SB 341 requires that the Successor report on the statutory value of any real property that it received from the Former Agency. The value of real property owned by the Housing Successor is included in Table 1, item 5, and equals the total of loans and grants receivable and the statutory value of land held by the Housing Successor, as required. Pursuant to Health and Safety Code 34176.1, statutory value is the value reported is the value of the property as reported to the state Department of Finance in its formal Housing Asset Transfer form (the “statutory value”). For the Housing Successor, the statutory values of its current land holdings vary somewhat from amounts included in the CAFR. As a result, both the statutory value and the value included in the CAFR have been included in the detail shown in Appendix A-2. The amounts shown in Table 1 are the statutory values, as required by the statutes. Transit Housing: 34176.1 (f) (6) Housing Successors that are in compliance with housing regulations are permitted under SB 341 to develop transit housing and are to separately report such expenditures in the annual report. For 2016-17, the Housing Successor did not develop or assist in the development of any Transit Housing and thus has no expenditures to report. ROPS Funding for Housing: 34176.1 (f) (7) The annual report is to include a description of any project for which the Successor receives revenue through the ROPS process and the status of that project, which description is included directly below. The Housing Successor does not have any projects that it is funding through the ROPS process. The Successor Agency did request and receive approval through the ROPS process to spend Successor Agency reserves to pay for some of the Housing Successor's property maintenance and development costs. These monies were paid directly to the vendors by the Successor Agency on behalf of the Housing Successor and were never actually transferred to or spent by the Housing Successor. The amounts of such expenditures, which ended in 2015-16, are shown under item 7 on Table 1, but are not included under the Housing Successor expenditure summary included in item 4, which amounts tie with the CAFR. Duration of Land Held: 34176.1 (f) (8) SB 341 requires that the Agency report on its compliance with new requirements on the amount of time the Housing Successor can hold property acquired for future development from monies in the Housing Fund per 33334.16, as modified by SB 341. A listing of the properties the Successor held as of June 30, 2017 is included in Table 3. Pursuant to Health and Safety Code Sections 33334.16, housing successors have 5 years to initiate activities consistent with the development of housing for low and moderated income housing purposes for any properties that it purchased for that purpose before February 1, 2012. The date that the 5 years is 12-4-18 BOS Minutes 881 Annual Report Contra Costa County Housing Successor counted against is the date that is 5 years after the Department of Finance approved the transfer of the properties to the Housing Successor, or prior to February 6, 2018. The properties still owned by the Housing Successor as of January 31, 2012 are shown in Table 2 along with the current status of activities the Housing Successor has undertaken to realize the development of low income housing. While development-related activities have been initiated for most properties owned, the Housing Successor plans on seeking a 5-year time extension for those properties still under its ownership as of June 30, 2017, as allowed by Health and Safety Code 33334.16. Housing Production and Housing Replacement: 34176.1 (f) (9) SB 341 requires the annual reporting by the housing successor to contain a description of any progress that has been made on meeting any of the outstanding replacement housing obligations and/or housing production requirements (pursuant to Health and Safety Code Section 33413) that were outstanding at the time transfer to the housing successor on February 1, 2012. Housing Successor staff estimate that the housing projects assisted by the Former Agency and/or the Housing Successor more than met of the housing production obligation. The Former Agency did have one replacement housing obligation to meet when it was dissolved in 2012. Twenty-seven affordable units were supposed to be built to replace the units displaced at the Orbisonia Heights Project in the former Bay Pointe Project Area. Those units were, and are still, intended to be replaced onsite in the newly constructed Orbisonia Heights project. Development of the site was delayed by both the real estate market and the disruption of redevelopment dissolution. As such, the Housing Successor is just now in exclusive negotiations with a developer for the development of the site. When the development is completed, the replacement housing obligations for the project and for the Housing Successor will be fully met. It should be noted that housing production and replacement requirements ceased when the Former Agency was dissolved. As such, the Successor does not need to demonstrate its compliance with these requirements on an annual basis, but will continue to report on the progress in meeting its outstanding replacement housing requirement. Expenditure Targeting by Income Level: 34176.1 (f) (10) Unencumbered funds in the Housing Fund that are not spent on allowable administrative costs must be spent primarily on extremely low and very low income households.2 In fact, 80 percent of unencumbered funds must be geared for those households earning 60 percent or less of the median income. This differs from previous requirements when expenditures for Moderate Income households were permitted. Demonstration of compliance with these requirements is not required to be reported until 2019. The only project-related expenditures the Housing Successor has made since the enactment of this requirement in 2014 are dollars related to the Heritage Point Affordable Housing Project, which is rental housing geared for Very Low Income Households. Year by year expenditures for housing projects is shown in Table 3. Table 3 does not include expenditures made on behalf of the Housing Successor by the Successor Agency through the ROPS process. Expenditure Targeting by Age: 34176.1 (f) (11) Section 34176.1(b) provides that previous age targeting requirements no longer apply but rather requires adherence to new restrictions. If the number of assisted units that are restricted for seniors and assisted individually or jointly by the housing successor, its former redevelopment agency and/or the County within the previous 10 years exceeds 50 percent of all units assisted, then the housing successor cannot assist any more senior housing until the number of units assisted for families equal at least 50 percent of total units. 2 As of September 2015, the statutes allow the expenditure of up to 5 percent of the value of the Successor’s assets to be spent on administering and monitoring housing projects. 12-4-18 BOS Minutes 882 Annual Report Contra Costa County Housing Successor For the County, the Former Agency and the Housing Successor, the last affordable housing project restricted to seniors was completed in 2002. As such, the Housing Successor is in compliance with this requirement. Excess Surplus: 34176.1 (f) (12) SB 341 changes the definition of excess surplus and the penalties for noncompliance. The term “excess surplus” applies to any monies in the Housing Fund that are greater than $1 million or the total of the deposits into the Housing Fund in the previous 4 years. If a housing successor does not spend excess surplus funds within 3 years after they become excess surplus, the housing successor will have to transfer the funds to the state Department of Housing and Community Development for use in specified statewide housing programs. SB 341 requires that the Housing Successor report on the amount of any excess surplus and its plans for expenditure of those surplus funds, if applicable. As shown in Table 4, the Housing Successor does not have an excess surplus as of July 1, 2017 because the deposits to the Housing Fund in the four prior years exceed the adjusted balance in the fund. In prior fiscal years, there is no excess surplus because the adjusted fund balance is under the $1 million threshold. For the purpose of calculating the excess surplus, the amount of bond proceeds held by the Housing Successor is first deducted as they should not be a part of the excess surplus calculation. Homeownership Unit Inventory: 34176.1 (f) (13) SB 341 requires that the Housing Successor report on the number of affordable for-sale housing units (Homeownership Units) the Former Agency or the Housing Successor has assisted that are subject to covenants and restrictions. The annual reporting is to include the number, reason and dollars received by the Housing Successor as a result of the loss of any units that has occurred since July 1, 2013 and annually thereafter. This information is included for the Housing Successor in Table 5 and Appendix A-2. The Homeownership Units directly assisted by the Former Agency through loans that were transferred to the Housing Successor as of February 1, 2012 were primarily units assisted by the Agency’s First Time Homebuyers Program: 21 of the 30 Homeownership Units with Loans were for the First Time Homebuyer’s Program. In addition to the First Time Homebuyer’s Program, the Agency also transferred land to Habitat to Humanity for the construction or rehabilitation of nine affordability restricted Homeownership Units. The Housing Successor loaned money to the Habitat for Humanity for these units, but did not make individual loans to homeowners. While some of the First Time Homebuyer units contain equity sharing provisions, many of these loan agreements required the homeowners to sell the units to income restricted buyers at affordable housing costs when moving. As a result, none of the Housing Successor’s Homeownership Units were lost to the County’s affordable housing portfolio from July 1, 2013 through June 30, 2017. In addition to the Homeownership Units for which the Housing Successor has or had loans outstanding as of February 1, 2012, there are 66 Homeownership Units for which the Housing Successor does not have any loans outstanding. It does, however, have covenants recorded on the properties that contain restrictions on the resale of these units. If both categories of Homeownership Units are combined, there were a total of 96 restricted Homeownership Units as of June 30, 2017 in the County of Contra Costa County’s jurisdiction that contain deed restrictions, some of which had received direct assistance from the Successor or Former Agency. Disclosure This Report was prepared by DHA Consulting from historical records and other information provided by Former Agency staff. DHA Consulting did not independently verify or otherwise confirm the legality or accuracy of the data provided. 12-4-18 BOS Minutes 883 Description H & S Code 2013-14 2014-15 2015-16 2016-17 Grand Total Low and Moderate Income Asset Fund AUDITED FINANCIAL STATEMENTS 34176.1 (f) CAFRs for each fiscal year are a integral part of this report but are filed separately1. Amount Received per Special City Loan (34191.4) 34176.1 (f) (1) - - - - Not Applicable(1)2. Amount Deposited During:34176.1 (f) (2)Funding from the ROPS Process (SERAF) - - 502,175 - 502,175 (2)Transfer in Bond Proceeds 7,667,781 - - - 7,667,781 (3)Other Revenues 218,017 76,182 22,416 3,195,259 3,511,874 Total Amount Deposited 7,885,798 76,182 524,591 3,195,259 11,681,830 Add Accounts Reivable3. Cash Balance in the Fund as of Fiscal Year End 34176.1 (f) (3)(4)Bond Proceeds7,668,901 7,670,342 7,674,882 7,022,973 N/A Funding from the ROPS Process (See item 7 on page 2)N/A N/A N/A N/A N/A Other Funds353,360 198,332 477,217 3,892,024 N/A Total Cash Balance 8,022,261 7,868,674 8,152,099 10,914,997 N/A 4a. Expenditures by Category - Non-ROPS Funded34176.1 (f) (4)Administration34,540 65,626 100,085 67,275 267,525 Housing Preservation/Monitoring- - - - - (5)Heritage Point Affordable Housing Project- 166,206 151,889 308,845 626,939 (6)Grand Total Housing Successor Expenditures34,540 231,832 251,973 376,120 894,464 Allowable Administrative Costs @ 2.0% / 5.0% of Assets 34176.1 (a) (2) 326,464 812,403 787,371 767,097 N/ATable 1Contra Costa County Housing SuccessorAnnual Report Required by SB 341 Fiscal Year 2013-14 through 2016-17See page 2 for footnotes.Housing Successor Annual ReportSum Sht Table 1 Multi-Year12-4-18BOS Minutes884 Description H & S Code 2013-14 2014-15 2015-16 2016-17 Grand Total Low and Moderate Income Asset Fund Table 1Contra Costa County Housing SuccessorAnnual Report Required by SB 341 Fiscal Year 2013-14 through 2016-17Other Reporting Requirements5. Non-Cash Assets - Total 34176.1 (f) (5) 16,323,193 16,248,058 15,747,410 15,341,943 N/A Statutory Value of Real Property (Land)8,412,677 8,412,677 8,412,677 8,066,893N/A (7)Loans and Grants Receivable7,910,516 7,835,381 7,334,733 7,275,050N/A 6. Transferred Funds to Develop Transit Housing34176.1 (f) (6)- - - - None 7. Projects with Funding Included on the ROPS34176.1 (f) (7)Development Costs and Property Maintenance339,462 21,483 42,300 - 403,245 (8)8. Duration of Property Held34176.1 (f) (8)See Table 2 9. Obligations Outstanding per 3341334176.1 (f) (9)Housing ProductionSee Narrative (9)Housing ReplacementSee Narrative (9)10. Expenditure Targeting Requirements 34176.1 (f) (10)See Table 3 (10)11. Rental Housing Units Restricted for Seniors34176.1 (f) (11)See Narrative (9)12. Excess Surplus Calculation/Reporting34176.1 (f) (12)See Table 4 13 Homeownership Unit Inventory34176.1 (f) (13)See Table 5 (1) The County and the Successor Agency do not have a loan agreement that is subject to the requirements of 34191.4. (2) The outstanding balance of the SERAF loan was repaid in 2015-16 as shown. No further monies are due from the Successor Agency.(3)(4) Excluded from the fund balance shown above are loans receivables and land held for resale, which are shown separately under 5. above.(5)(6)(7)(8)(9) See preceding narrative for a description of the Housing Successor's compliance with these requirements.(10) Pertains to requirements to target expenditures towards households earning 80% or less of the median income, as outlined in Heath and Safety Code 34176.1(a)(3). See Table 3.Costs associated with maintaining and preserving the Authority's low and moderate income assets are included with amounts reported for other administrative costs.Heritage Point is an affordable housing project that, when completed, will consist of a four story 42 unit multifamily apartments with one to three bedrooms which will be available to Very Low Income HouseholdsInitially the Housing Successor was not allowed to retain housing bond proceeds that were on hand when the Former Agency dissolved, but were allowed to transfer the $7.6 million in 2013-14.The Successor Agency requested and received approval through the ROPS process to spend Successor Agency reserves to pay for some of the Housing Successor's property maintenance and development costs. These monies were spent by the Successor Agency on behalf of the Housing Successor and were never actually transferred to or spent by the Housing Successor. The amounts of such expenditures, which ended in 2015-16, are shown above and include costs for funding housing projects as well as the maintenance of properties held by the Housing Succesor.Equals the total value for all properties held for resale at the end of the fiscal year as reported to the state Department of Finance in the Housing Successor's formal Housing Asset Transfer form, which was approved by the DOF February 6, 2013. This amount varies somewhat from the CAFR.Housing Successor Annual ReportSum Sht Table 1 Multi-Year12-4-18BOS Minutes885 RequiredCAFR (4) (6) HAT (5) (6) CAFR (4) (6) HAT (5) (6)Effective Initiation DateFuture (3)13-14 Carrying 13-14 Carrying 16-17 Carrying 16-17 Carrying Project NameAcq. Date (2) Date (2)StatusDisposition Plans Asset Value Asset Value Asset Value Asset Value Orbisonia Heights (Bay Point) 2/6/2013 2/6/2018 ENA 9/12/2017 Transit Oriented Housing 5,216,376 5,231,380 5,216,376 5,231,380 North Broadway Property2/6/2013 2/6/2018Vacant LandNo Activity Yet55,790 55,790 55,790 55,790 96 Enes2/6/2013 2/6/2018 Sold 3/20/2014Already Sold260,000 260,000 - - Mims / Canal Assemblage2/6/2013 2/6/2018Vacant LandNo Activity Yet76,109 76,109 76,109 76,109 190 Bel Aire2/6/2013 2/6/2018In NegotiationsYouth Homes40,268 40,268 40,268 40,268 Rodeo Town Center2/6/2013 2/6/2018Marketing Site RFQ/RFP issued 12/2016938,792 938,792 938,792 938,792 1250 Las Juntas2/6/2013 2/6/2018 Sold 12/23/2016Habitat for Humanity1,088,405 85,784 - - Heritage Point 2/6/2013 2/6/2018 Under Construction 5/2018 43 Affordable Units901,635 1,281,261 901,635 1,281,261 Vacant Lots2/6/2013 2/6/2018Vacant LandNo Activity Yet443,294 443,294 443,294 443,294 Total Carrying Value/Land Held for Resale9,020,668 8,412,677 7,672,307 8,066,893 (1) Includes properties held by the Housing Successor for transfer to public or private parties for future low and moderate income housing purposes. See Appendix A-2 for parcel level detail.(2)(3)Represents current development related activities. See "Duration of Land Held" in the preceding report for a discussion of the timing of the Housing Successor's disposition plans.(4) Values shown are the values carried in the Housing Succesor's accounting records, or Consolidated Annual Financial Report (CAFR). These values remained the same until fiscal year 2016-17.(5)(6)The Carrying Asset Values shown above may not be reflective of the current market values for the properties.Values shown are the same as those included in the Housing Asset Transfer (HAT) forms that the Former Agency was required to send to the state for approval before property transfers to the Housing Successor could be finalized. These values vary from those included in the Successor's CAFRs for certain properties. See Appendix A for parcel level detail.Table 2Contra Costa County Housing SuccessorLand Held for Resale (1)As of June 30, 2017The "Effective Acquisition Date for properties acquired by the Former Agency prior to dissolution is the date the transfer was approved by DOF, whcih is February 6, 2013. Housing Successor is to have initiated activities related to the future development of affordable housing on these properties within 5 years of the effective date of acquisition, unless certain findings are made. See preceding report.Housing Successor Annual ReportProperty Held for Disposition 12-4-18BOS Minutes886 Year 0 Year 1 Year 2 Year 3 Year 4 Year 5 CumulativeDescription 2013-14 2014-15 2015-16 2016-17 2017-18 2018-19 Total DOLLARS EXPENDED BY PROGRAM (1)Administration / Preservation34,540 65,626 100,085 67,275 267,525 - Youth Facility- Extremely Low (30% or Below)- Very Low (30% to 60%)- Low (60% to 80%)- TOTAL YOUTH FACILITY- - - - - - - Heritage Point Affordable Housing Project- Extremely Low (30% or Below)- Very Low (30% to 60%)- 166,206 151,889 308,845 626,939 Low (60% to 80%)- TOTAL HERITAGE POINT- 166,206 151,889 308,845 - - 626,939 Future Project #1- Extremely Low (30% or Below)- Very Low (30% to 60%)- Low (60% to 80%)- TOTAL FUTURE PROJECT- - - - - - - Future Project #2- Very Low (30% or Below)- Very Low (30% to 60%)- Low (60% to 80%)- TOTAL FUTURE PROJECT #2- - - - - - - MEMO - GRAND TOTAL34,540 231,832 251,973 376,120 - - 894,464 (1) Excludes monies spent by the Successor Agency on the Housing Successor's behalf.Table 3Contra Costa County Housing SuccessorExpenditure Targeting Requirementsby Income GroupSB 341 Report 2013 to 2017.xlsx/Expenditures by Program10/23/2018/8:45 AM12-4-18BOS Minutes887 7/1/2016 (1)7/1/2017 (1) Description Amount Amount Source Fund Balance as of 6/30 24,507,544 25,947,354 CAFR 2016-17 Less: Land Held for Resale (2) (9,020,712) (7,672,307) CAFR 2016-17 Less: Bond Proceeds (Restricted Cash) (3)(7,674,882) (7,022,973) CAFR 2016-17 Less: Loans Receivable (7,334,733) (7,275,050) CAFR 2016-17 Less: Prepaid Items - - CAFR 2016-17 Less: Accounts and Deposits Payable - (85,000) CAFR 2016-17 Adjusted Fund Balance 6/30/2017 (4) 477,217 3,892,024 CAFR 2016-17 Amounts Deposited into the Account in Prior Years 2012-13 171,003 CAFR 2012-13 / All Income 2013-14 (5) 218,017 218,017 CAFR 2013-14 / Adjusted 2014-15 76,182 76,182 CAFR 2014-15 / All Income 2015-16 524,591 524,591 CAFR 2015-16 / All Income 2016-17 (6)3,195,259 CAFR 2016-17 / Adjusted Four Year Total 989,793 4,014,049 Various Difference (4)Less than $1 million (122,025) (1) (2) Value shown for land held for resale is the book value included in the CAFRand may not be indicative of market value. (3) (4) (5) (6)Varies from the CAFR in that the above number includes 100 percent of the revenue received for property transfers without offset to account for the loss of an asset. Table 4 Contra Costa County Housing Successor Excess Surplus Calculation Through Fiscal Year 2016-17 Excludes $7.6 million in bond proceeds which were transferred to the Housing Successor in fiscal year 2013-14. These are funds that are on deposit with the Fiscal Agent and represent bond proceeds, which must be spent in accordance with the bond document restrictions. Before fiscal year 2016-17, the Housing Successor's Adjusted Fund Balance did not exceed $1 million, which is the threshold number for which an excess surplus can exist. For 2016-17, an excess surplus does not exist because the Adjusted Fund Balance is less than the prior four years of deposits into the Housing Fund. The adjusted fund balance amounts for all years prior to 7/1/2017 were less than the $1 million threshold and so are not shown individually above. Housing Authority Annual Report Excess Surplus Calculation 12-4-18 BOS Minutes 888 34716.1(f) (13), subsection: A. An inventory of homeownerhip units assisted by the Housin Successor (See Appendix) Units where loans were outstanding as of 2/1/2012 30 Units that were added after 2/1/2012 0 Units where loans where no monies were or are outstanding 66 Total Number of Single Family Homes Restricted 96 B.1 Number of units lost lost since July 1, 2013 No Units Lost B.2 Reasons for the Losses Not Applicable C. Any funds returned to the Housing Successor Not Applicable D. Management of Single-Family Housing Units:County Staff Table 5 Contra Costa County Housing Successor Homeownship Inventory Reporting per 34176.1(f)(13) July 1, 2013 through June 30, 2017 Many of the Former Agency's Single Family Housing Programs resulted in single-family residential units that contained covenants that required the homes to remain in low and moderate income homeownership even after the units are sold by the original homeowners. Thus, no revenues that were received by the Housing Successor from any refinancings are revenues received as the result of losses to the portfolio. Housing Authority Annual Report SFR Reporting 12-4-18 BOS Minutes 889 Appendix AContra Costa CountyAnnual Report Housing Successor12-4-18BOS Minutes890 Original6/30/2017Original Date6/30/2012 Carrying 6/30/2017 CarryingHAT # AddressParcel No. of AcquisitionStatusCAFR Value Value/HAT CAFR Value Value/HATOrbisonia Heights (Bay Point) 1- 1 530 S Broadway094-012-021 01/03/2001ENA 9/12/20179,525 9,525 9,525 9,525 1- 2 540 S Broadway094-012-022 3/17/2008ENA 9/12/2017124,250 124,250 124,250 124,250 1- 3 550 S Broadway094-012-023 4/10/2008ENA 9/12/2017194,250 194,250 194,250 194,250 1- 4 560 S Broadway094-012-024 10/29/2007ENA 9/12/201764,050 64,050 64,050 64,050 1- 5 570 S Broadway094-012-025 2/29/2008ENA 9/12/2017113,750 113,750 113,750 113,750 1- 6 580 S Broadway094-012-026 11/26/2008ENA 9/12/2017175,000 175,000 175,000 175,000 1- 7 590 S Broadway094-012-027 10/29/2007ENA 9/12/2017133,875 133,875 133,875 133,875 1- 8 531 Bailey Rd094 012 030 01/03/2001ENA 9/12/20173,981 3,981 3,981 3,981 1- 9 541 Bailey Rd094 012 031 01/03/2001ENA 9/12/20174,459 4,459 4,459 4,459 1- 10 551 Bailey Rd094 012 032 01/03/2001ENA 9/12/20175,513 5,513 5,513 5,513 1- 11 561 Bailey Rd094 012 033 01/03/2001ENA 9/12/20179,716 9,716 9,716 9,716 1- 12 571 Bailey Rd094 012 038 01/03/2001ENA 9/12/20174,459 4,459 4,459 4,459 1- 13 581 Bailey Road094-012-039 6/13/2006ENA 9/12/2017165,000 165,000 165,000 165,000 1- 14 591 Bailey Road094-012-040 1/29/2010ENA 9/12/2017192,500 192,500 192,500 192,500 1- 15 610 S Broadway094-013-001 3/17/2006ENA 9/12/2017197,500 197,500 197,500 197,500 1- 16 620 S Broadway094-013-002 2/27/2009ENA 9/12/2017136,500 136,500 136,500 136,500 1- 17 650 S Broadway094-013-003 12/7/2007ENA 9/12/2017157,500 157,500 157,500 157,500 1- 18 660 S Broadway094-013-004 12/7/2007ENA 9/12/2017126,000 126,000 126,000 126,000 1- 19 668 S Broadway094-013-005 10/12/2007ENA 9/12/2017135,450 135,450 135,450 135,450 1- 20 670 S Broadway094-013-006 10/29/2007ENA 9/12/2017161,000 161,000 161,000 161,000 1- 21 641 S Broadway094-014-012 10/31/2007ENA 9/12/2017168,000 183,004 168,000 183,004 2- 1 631 Bailey Road094-013-012 3/17/2008ENA 9/12/201742,350 42,350 42,350 42,350 2- 2 621 Bailey Road094-013-013 12/23/2008ENA 9/12/201759,150 59,150 59,150 59,150 2- 3 615 Bailey Road094-013-014 9/30/2010ENA 9/12/2017227,500 227,500 227,500 227,500 2- 4 611 Bailey Road 094-013-015 2/27/2009ENA 9/12/2017175,000 175,000 175,000 175,000 2- 5 605 Bailey Road 094-013-016 2/27/2009ENA 9/12/2017- - - - 2- 6 671 S Broadway 094-014-001 1/30/2009ENA 9/12/201750,750 50,750 50,750 50,750 2- 7 571 S Broadway 094-014-010 1/30/2009ENA 9/12/2017- - - - 2- 8 51 Maylard St.094-014-011 8/16/2007ENA 9/12/2017157,500 157,500 157,500 157,500 2- 9 651 S Broadway094-014-013 12/7/2007ENA 9/12/2017103,250 103,250 103,250 103,250 2- 10 661 S Broadway094-014-014 6/12/2008ENA 9/12/2017175,000 175,000 175,000 175,000 2- 11 498 Wollam094-015-006 4/11/2008ENA 9/12/2017175,000 175,000 175,000 175,000 2- 12 585 S Broadway094-015-010 10/17/2005ENA 9/12/2017199,500 199,500 199,500 199,500 2- 13 581 S Broadway094-015-011 9/18/2009ENA 9/12/2017176,750 176,750 176,750 176,750 2- 14 571 S Broadway094-015-012 1/29/2010ENA 9/12/2017175,000 175,000 175,000 175,000 2- 15 551 S Broadway094-015-013 10/29/2007ENA 9/12/2017152,250 152,250 152,250 152,250 2- 16 541 S Broadway094-015-014 10/29/2007ENA 9/12/2017105,700 105,700 105,700 105,700 2- 17 591 S Broadway094-015-027 11/28/2007ENA 9/12/2017183,750 183,750 183,750 183,750 2- 18 Memorial Way094 015 028 01/03/2001ENA 9/12/20179,148 9,148 9,148 9,148 2- 19 495 Wollam094-016-002 8/21/2008ENA 9/12/2017213,500 213,500 213,500 213,500 2- 20 680 S Broadway094-026-001 3/17/2008ENA 9/12/201742,000 42,000 42,000 42,000 3- 1 690 S Broadway094-026-002 8/10/2007ENA 9/12/2017182,000 182,000 182,000 182,000 3- 2 671 Bailey Road094-026-007ENA 9/12/2017183,750 183,750 183,750 183,750 3- 3 681 Bailey Road094-026-008 11/7/2008ENA 9/12/2017145,250 145,250 145,250 145,250 Appendix A-1Contra Costa County Housing SuccessorAs of June 30, 2017Land Held for Resale 12-4-18BOS Minutes891 Original6/30/2017Original Date6/30/2012 Carrying 6/30/2017 CarryingHAT # AddressParcel No. of AcquisitionStatusCAFR Value Value/HAT CAFR Value Value/HATAppendix A-1Contra Costa County Housing SuccessorAs of June 30, 2017Land Held for Resale Total Bay Point5,216,376 5,231,380 5,216,376 5,231,380 North Broadway Property- - 3- 4 195 N. Broadway (3) 096 041 001 06/23/2003 Vacant Land 26,790 26,790 26,790 26,790 3- 5 199 N. Broadway (3) 096 041 013 06/23/2003 Vacant Land - - - - 3- 6 187 N. Broadway 096 041 026 11/12/2003 Vacant Land 29,000 29,000 29,000 29,000 Total North Broadway55,790 55,790 55,790 55,790 - - 96 Enes- 3- 7 96 Enes Avenue 097-037-007 4/26/2007 Sold 3/20/2014 260,000 260,000 - - - - Mims / Canal Assemblage- 3- 8 Amerson Ave 097 270 018 04/07/1995 Vacant Land 14,211 14,211 14,211 14,211 3- 9 231Amerson Ave 097 270 021 04/07/1995 Vacant Land 8,526 8,526 8,526 8,526 3- 10 235 Amerson Ave 097 270 022 11/30/1995 Vacant Land 14,056 14,056 14,056 14,056 3- 12 Mims Ave 097 270 074 01/03/2001 Vacant Land 1,700 1,700 1,700 1,700 3- 13 Amerson (Canal Rd) 097 270 076 12/14/1998 Vacant Land 21,221 21,221 21,221 21,221 3- 14 Canal Rd 097 270 078 01/03/2001 Vacant Land 5,998 5,998 5,998 5,998 3- 15 Canal Rd 097 270 080 01/03/2001 Vacant Land 10,397 10,397 10,397 10,397 Total Mims / Canal76,109 76,109 76,109 76,109 - - 190 Bel Aire- - 3- 11 190 Bel Air Ln 097 270 056 12/15/1993 In Negotiations 40,268 40,268 40,268 40,268 - - Rodeo Town Center- 3- 18 233 Parker Ave 357-161-013 3/31/2006 Marketing Site 787,600 787,600 787,600 787,600 3- 19 Railroad Ave., Rodeo 357-161-001-7 4/15/2005 Marketing Site 151,192 151,192 151,192 151,192 3- 20 Railroad Ave., Rodeo 357-161-002-5 4/15/2005Marketing Site- - - - Total Rodeo Town Center938,792 938,792 938,792 938,792 - 1250 Las Juntas4- 1 Las Juntas Way, WC 148 180 050 3/20/2003Sold 12/23/201639,374 39,374 - - 4- 2 Las Juntas Way, WC 148 180 051 3/20/2003Sold 12/23/201613,797 13,797 - - 4- 2 Las Juntas Way, WC 148 180 051 3/20/2003Sold 12/23/20161,002,621 - - - 4- 3 Las Juntas Way, WC 148 180 052 3/20/2003Sold 12/23/201632,613 32,613 - - Total Las Juntas1,088,405 85,784 - - - 12-4-18BOS Minutes892 Original6/30/2017Original Date6/30/2012 Carrying 6/30/2017 CarryingHAT # AddressParcel No. of AcquisitionStatusCAFR Value Value/HAT CAFR Value Value/HATAppendix A-1Contra Costa County Housing SuccessorAs of June 30, 2017Land Held for Resale Heritage Point - 4- 4 Grove, Richmond 409-080-001-4 11/17/2010 Under Construction 5/201874,375 106,250 74,375 106,250 4- 5 Chesley, Richmond 409-080-013-9 6/23/2009 Under Construction 5/2018 146,999 210,000 146,999 210,000 4- 6 3rd, Richmond409-080-014-7 9/17/2009 Under Construction 5/2018 164,500 235,000 164,500 235,000 4- 7 3rd, Richmond409-080-016-2 2/15/2011 Under Construction 5/201890,650 129,500 90,650 129,500 4- 8 3rd, Richmond409-080-020-4 12/23/2009 Under Construction 5/2018 420,000 600,000 420,000 600,000 4- 9 6th, Richmond409-132-015-2 2/19/2004 Under Construction 5/20185,111 511 5,111 511 Total Heritage Point 901,635 1,281,261 901,635 1,281,261 - Vacant Lots- 3- 16 710 Willow Ave 357 120 074 03/05/1998 Vacant Land 188,183 188,183 188,183 188,183 4- 10 4th, Richmond 409-261-015-5 2/19/2004 Vacant Land 5,111 5,111 5,111 5,111 4- 11 1538 3rd, Richmond 409-080-015 7/31/2012 Under Construction 5/2018 250,000 250,000 250,000 250,000 Total Other Vacant Lots443,294 443,294 443,294 443,294 GRAND TOTALTotal9,020,668 8,412,677 7,672,307 8,066,893 12-4-18BOS Minutes893 City/Original Equity Date AddressProjectAPN Loan Amount Sharing? of LoanProgramHomeownership Units with Loans Outstanding (2)1 1726 5THRichmond 409-152-027-2 $23,010 No5/20/19921st Time Homebuyer 1- 101 1736 5THRichmond 409-152-028-031,568 No 11/13/19921st Time Homebuyer 1- 111 1740 5THRichmond 409-152-023-138,400 No4/23/19931st Time Homebuyer 1- 71 1621 6THRichmond 409-141-008-635,000 No8/30/20001st Time Homebuyer 1- 51 1727 Giaramita Richmond 409-152-031-431,950 No3/31/19931st Time Homebuyer 1- 121 1731 Giaramita Richmond 409-152-025-627,500 No4/27/19931st Time Homebuyer 1- 91 1741 Giaramita Richmond 409-152-024-9 375,000 No8/10/19931st Time Homebuyer 1- 81 104 MalcomRichmond 408-230-025-43,000 Yes 12/13/20011st Time Homebuyer 1- 151 110 MalcomRichmond 408-230-024-712,000 Yes7/27/20011st Time Homebuyer 1- 141 116 MalcomRichmond 408-230-023-910,000 Yes2/8/20021st Time Homebuyer 1- 131 356 MalcomRichmond 408-250-076-219,710 Yes 10/15/20081st Time Homebuyer 1- 41 440 MalcomRichmond 408-250-062-238,364 Yes3/11/20091st Time Homebuyer 1- 31 126 MarcusRichmond 408-230-044-510,262 Yes2/9/20011st Time Homebuyer 1- 161 1550 MartinRichmond 408-230-070-010,000 Yes5/9/20011st Time Homebuyer 1- 171 1556 MartinRichmond 408-230-071-820,215 Yes6/20/20011st Time Homebuyer 1- 181 124 ReidRichmond 408-240-016-17,635 No1/5/20071st Time Homebuyer 1- 11 154 ReidRichmond 408-240-021-122,009 No12/7/20061st Time Homebuyer 1- 21 2971 RubyRichmond2,971 Yes10/3/20021st Time Homebuyer 2- 31 3050 RubyRichmond3,050 Yes5/15/20011st Time Homebuyer 2- 21 5000 RubyRichmond5,000 Yes 10/31/20011st Time Homebuyer 2- 41 14604 RubyRichmond14,604 Yes5/2/20011st Time Homebuyer 2- 121 Subtotal First Time Homebuyer Program9 VariousVarious1,036,000 No6/21/2005Habitat for Humanity 2- 1030 Total Number of For-Sale Units with Active Loans (2) $1,777,248Appendix A-2Contra Costa County Housing SuccessorHomeownership Inventory ---------- Continued on Following Page ----------No. ofUnitsHAT#(1)SB 341 Report 2013 to 2017.xlsx/SFR Inventory All Appendix10/23/2018/8:45 AM12-4-18BOS Minutes894 City/Original Equity Date AddressProjectAPN Loan Amount Sharing? of LoanProgramAppendix A-2Contra Costa County Housing SuccessorHomeownership InventoryNo. ofUnitsHAT#(1)Homeownership Units with No Loans Outstanding (3)1 174 AnchorBay Point 098-560-018-8N/A N/A N/A Affordability Covenants Only (3) 6- 81 185 AnchorBay Point 098-560-021-2N/A N/A N/A Affordability Covenants Only (3) 6- 91 191 AnchorBay Point 098-560-022-0N/A N/A N/A Affordability Covenants Only (3) 6- 101 3806 Camino Andres Bay Point 098-560-027-9N/A N/A N/A Affordability Covenants Only (3) 6- 131 3818 Camino Andres Bay Point 098-560-025-3N/A N/A N/A Affordability Covenants Only (3) 6- 121 3824 Camino Andres Bay Point 098-560-024-6N/A N/A N/A Affordability Covenants Only (3) 6- 111 269 FranklinBay Point 095-041-028-2N/A N/A N/A Affordability Covenants Only (3) 6- 141 127 HarrisBay Point 095-420-016-8N/A N/A N/A Affordability Covenants Only (3) 6- 316 Lancaster Bay Point 097-440-019-4N/A N/A N/A Affordability Covenants Only (3) 6- 51 98 PacificaBay Point 098-052-001-9N/A N/A N/A Affordability Covenants Only (3) 6- 61 81 ShelterBay Point 098-560-008-9N/A N/A N/A Affordability Covenants Only (3) 6- 71 96 WaterBay Point 097-021-039-9N/A N/A N/A Affordability Covenants Only (3) 6- 41 182 Catamaran Pittsburg 095-281-001-8N/A N/A N/A Affordability Covenants Only (3) 6- 11 121 EllisonRichmond 408-240-009-6N/A N/A N/A Affordability Covenants Only (3) 7- 201 133 EllisonRichmond 408-240-007-0N/A N/A N/A Affordability Covenants Only (3) 8- 111 151 EllisonRichmond 408-240-004-7N/A N/A N/A Affordability Covenants Only (3) 6- 161 157 EllisonRichmond 408-240-003-9N/A N/A N/A Affordability Covenants Only (3) 6- 151 115 Henry Clark Richmond 408-250-013-5N/A N/A N/A Affordability Covenants Only (3) 5- 191 128 Henry Clark Richmond 408-240-071-6N/A N/A N/A Affordability Covenants Only (3) 5- 111 145 Henry Clark Richmond 408-250-008-5N/A N/A N/A Affordability Covenants Only (3) 5- 181 152 Henry Clark Richmond 408-240-075-7N/A N/A N/A Affordability Covenants Only (3) 5- 121 163 Henry Clark Richmond 408-250-005-1N/A N/A N/A Affordability Covenants Only (3) 5- 171 182 Henry Clark Richmond 408-240-080-7N/A N/A N/A Affordability Covenants Only (3) 5- 131 113 LucyRichmond 408-240-066-6N/A N/A N/A Affordability Covenants Only (3) 5- 101 114 LucyRichmond 408-240-041-9N/A N/A N/A Affordability Covenants Only (3) 5- 41 137 LucyRichmond 408-240-062-5N/A N/A N/A Affordability Covenants Only (3) 5- 91 144 LucyRichmond 408-240-046-8N/A N/A N/A Affordability Covenants Only (3) 5- 51 167 LucyRichmond 408-240-057-5N/A N/A N/A Affordability Covenants Only (3) 5- 81 168 LucyRichmond 408-240-050-0N/A N/A N/A Affordability Covenants Only (3) 5- 61 180 LucyRichmond 408-240-052-6N/A N/A N/A Affordability Covenants Only (3) 5- 71 140 MalcomRichmond 408-230-019-7N/A N/A N/A Affordability Covenants Only (3) 7- 161 146 MalcomRichmond 408-230-018-9N/A N/A N/A Affordability Covenants Only (3) 7- 151 159 MalcomRichmond 408-230-034-6N/A N/A N/A Affordability Covenants Only (3) 7- 111 248 MalcomRichmond 408-230-002-3N/A N/A N/A Affordability Covenants Only (3) 7- 101 254 MalcomRichmond 408-230-001-5N/A N/A N/A Affordability Covenants Only (3) 7- 91 260 MalcomRichmond 408-240-094-8N/A N/A N/A Affordability Covenants Only (3) 5- 161 296 MalcomRichmond 408-240-088-0N/A N/A N/A Affordability Covenants Only (3) 5- 151 308 MalcomRichmond 408-240-086-4N/A N/A N/A Affordability Covenants Only (3) 5- 141 338 MalcomRichmond 408-250-079-6N/A N/A N/A Affordability Covenants Only (3) 7- 11 410 MalcomRichmond 408-250-067-1N/A N/A N/A Affordability Covenants Only (3) 7- 21 413 MalcomRichmond 408-250-053-1N/A N/A N/A Affordability Covenants Only (3) 7- 81 144 MarcusRichmond 408-230-041-1N/A N/A N/A Affordability Covenants Only (3) 7- 141 149 MarcusRichmond 408-230-053-6N/A N/A N/A Affordability Covenants Only (3) 7- 191 167 MarcusRichmond 408-230-050-2N/A N/A N/A Affordability Covenants Only (3) 7- 181 168 MarcusRichmond 408-230-038-7N/A N/A N/A Affordability Covenants Only (3) 7- 13SB 341 Report 2013 to 2017.xlsx/SFR Inventory All Appendix10/23/2018/8:45 AM12-4-18BOS Minutes895 City/Original Equity Date AddressProjectAPN Loan Amount Sharing? of LoanProgramAppendix A-2Contra Costa County Housing SuccessorHomeownership InventoryNo. ofUnitsHAT#(1)1 179 MarcusRichmond 408-230-048-6N/A N/A N/A Affordability Covenants Only (3) 7- 171 180 MarcusRichmond 408-230-036-1N/A N/A N/A Affordability Covenants Only (3) 7- 121 1532 MartinRichmond 408-230-067-6N/A N/A N/A Affordability Covenants Only (3) 6- 171 1717 MartinRichmond 408-250-017-6N/A N/A N/A Affordability Covenants Only (3) 7- 31 1729 MartinRichmond 408-250-019-2N/A N/A N/A Affordability Covenants Only (3) 7- 41 1741 MartinRichmond 408-250-021-8N/A N/A N/A Affordability Covenants Only (3) 7- 51 129 ReidRichmond 408-240-035-1N/A N/A N/A Affordability Covenants Only (3) 5- 31 130 ReidRichmond 408-240-017-9N/A N/A N/A Affordability Covenants Only (3) 5- 11 159 ReidRichmond 408-240-030-2N/A N/A N/A Affordability Covenants Only (3) 5- 21 279 RubyRichmond 408-230-085-8N/A N/A N/A Affordability Covenants Only (3) 8- 11 115 SpearsRichmond 408-250-049-9N/A N/A N/A Affordability Covenants Only (3) 7- 71 152 SpearsRichmond 408-250-038-2N/A N/A N/A Affordability Covenants Only (3) 7- 61 35 Cool Creek Rodeo357-120-027-2N/A N/A N/A Affordability Covenants Only (3) 8- 51 711 Edward Werth Rodeo357-120-070-2N/A N/A N/A Affordability Covenants Only (3) 8- 101 719 Edward Werth Rodeo357-120-068-6N/A N/A N/A Affordability Covenants Only (3) 8- 91 724 Edward Werth Rodeo357-120-019-9N/A N/A N/A Affordability Covenants Only (3) 8- 31 744 Edward Werth Rodeo357-120-026-4N/A N/A N/A Affordability Covenants Only (3) 8- 41 780 Edward Werth Rodeo357-120-036-3N/A N/A N/A Affordability Covenants Only (3) 8- 61 788 Edward Werth Rodeo357-120-038-9N/A N/A N/A Affordability Covenants Only (3) 8- 71 812 Edward Werth Rodeo357-120-044-7N/A N/A N/A Affordability Covenants Only (3) 8- 81 12 Fallen Leaf Rodeo357-120-018-1N/A N/A N/A Affordability Covenants Only (3) 8- 2N/A Not For-Sale Housing Park RegencyN/A N/A N/A 6- 18N/A Not For-Sale Housing Avalon Bay Walnut CreekN/A N/A N/A 6- 19N/A Not For-Sale Housing DeAnza GardensN/A N/A N/A 6- 2066 Total Number of Restricted Units with No Loans Outstanding (3)(1)(2) This category includes affordable restricted Homeownership Units for which loans were outstanding as of February 1, 2012.(3) This category includes affordable restricted Homeownership Units for which no loans were outstanding as of February 1, 2012. Reference to the location in the Housing Successor's Housing Asset Transfer form approved by DOF on February 6, 2013. Units in the first category (1-1 through 2-10represent pages 1 and 2 of the tabs/pages labeled 34176(e)(3) Loans and Grants. Units in the second category (5-1 through 8-10) come from an earlier section of the form, 34176(3)(1) Real Property, pages 5 through 8.SB 341 Report 2013 to 2017.xlsx/SFR Inventory All Appendix10/23/2018/8:45 AM12-4-18BOS Minutes896 RECOMMENDATION(S): APPROVE clarification of Board action of November 13, 2018, Item number C.38, which approved and authorized the Employment and Human Service Director, or designee, to execute a contract with Crowne Plaza Hotel Concord to provide the facility for the Foster Parent Recognition Retention Support Program, Caregiver Appreciation Recognition event to change the event date from May 20, 2019 to May 16, 2019 with no change to the payment limit of $6,000. FISCAL IMPACT: The facility rental charge of $6,000 will be funded from SB 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. This Board order will change the Board action of November 13, 2018, Item number C.38. from the event date of May 20, 2019 to May 16, 2019. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/04/2018 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Elaine Burres 608-4960 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 4, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C.108 To:Board of Supervisors From:Kathy Gallagher, Employment & Human Services Director Date:December 4, 2018 Contra Costa County Subject:Clarification of Board action of November 13, 2018, Item C.38, Caregiver Appreciation Recognition Event 12-4-18 BOS Minutes 897 CONSEQUENCE OF NEGATIVE ACTION: If the corrective action is not approved, the correct event date cannot be reserved. 12-4-18 BOS Minutes 898 RECOMMENDATION(S): APPROVE AND AUTHORIZE the Auditor-Controller, or his designee, to pay $859,748.25 to Garland/DBS, Inc. for roofing maintenance services provided to the Public Works Department during the period July 1, 2018 through October 31, 2018, as recommended by the Public Works Director, Countywide. FISCAL IMPACT: 100% General Funds APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/04/2018 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: Diana Oyler, 925.313.2122 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 4, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: C.109 To:Board of Supervisors From:Brian M. Balbas, Public Works Director/Chief Engineer Date:December 4, 2018 Contra Costa County Subject:Payments for Services Provided by the Garland Company 12-4-18 BOS Minutes 899 BACKGROUND: Garland/DBS, Inc. provided roofing maintenance services for the Public Works on the County buildings located at 50 Douglas Drive, and the Pinole Library. The contract with Garland/DBS, Inc. has expired and it 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 person has been asked to provide services without a valid contract, and the provider does so to the benefit of the recipient, the provider is entitled to recover the reasonable value of those services. Therefore, Public Works is legally obligated to reimburse Garland/DBS, Inc. for the reasonable value of the services it provided. Since Garland/DBS, Inc. performed services at the request of Public Works and with the full expectation and understanding that it would receive payment for those services, Public Works recommends that the Board authorize the Auditor-Controller to issue a payment in the amount of $859,748.25. CONSEQUENCE OF NEGATIVE ACTION: The service provider will not be paid for services rendered to Public Works. 12-4-18 BOS Minutes 900 RECOMMENDATION(S): APPROVE the list of providers recommended by Contra Costa Health Plan's Peer Review and Credentialing Committee on November 6, 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 Peer Review and Credentialing Committee 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: 12/04/2018 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Patricia Tanquary, 925-313-6004 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 4, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: Marcy Wilhelm, Heather Wong C.110 To:Board of Supervisors From:Anna Roth, Health Services Director Date:December 4, 2018 Contra Costa County Subject:Approve New and Recredentialing Providers Contra Costa Health Plan’s Community Provider Network 12-4-18 BOS Minutes 901 ATTACHMENTS Attachment 12-4-18 BOS Minutes 902 Contra Costa Health Plan Providers Approved by Peer Review and Credentialing Committee November 6, 2018 CREDENTIALING PROVIDER S NOVEMBER 2018 Name Specialty Brooks, Jaclyn, BA, RBT Qualified Autism Professional Cropper, Charlotte, MS, RBT Qualified A utism Provider Ding, Lisa, PA Urogynecology & Pelvic Reconstructive Surgery Douglas, Allaina, BCBA Qualified Autism Provider Filosa, Jessica, NP Primary Care Family Medicine Garrett, Matthew, BCBA Qualified Autism Provider Rancourt, Lora, PA Mid -Level Orthopaedic Surgery Assistant Spofforth, Sarah, BCBA Qualified Autism Provider RECREDENTIALING PROVIDER S NOVEMBER 2018 Name Specialty Barakeh, Joseph, DO Ophthalmology Cardoza, Mary, MD Surgery – General Christian, Darrell, PhD Mental Health Services Cole, Lauren, BCBA Qualified Autism Provider Dao, Bao, MD Hematology/Oncology DeVane, Matthew, DO Cardiovascular Disease Fenner, Gayle, PA Mid -Level Orthopaedic Surgery Assistant Fieser, Carl, MD Pain Medicine Gilbert, Katherine, MD Allergy & Immunology Karan, John, MD Neurology Le, Vuong, BCBA Qualified Autism Provider LeNoir, Denise, NP Primary Care Pediatrics/ Mid-Level Allergy & Immunology Mathews, Priscilla, LCSW Mental Health Services Matin, Bita, DDS Dentist Mbadike-Obiora, Maureen , MD Primary Care Family Medicine Murray, Dwight, PhD Mental Health Services – Neuro Psych Testing Polido, Phillip, MD Surgery – General Rahman, Sophia, MD Radiation Oncology Ruzicano, Raymond, MD Psychiatry Schaefer, Robert, DC Chiropractic Medicine Shah, Samir, MD Ophthalmology Sidhu, Pramodh, MD Cardiovascular Disease Wallace, Shannon, BCBA Qualified Autism Provider Wulff, Christopher, MD Cardiovascular Disease 12-4-18 BOS Minutes 903 Contra Costa Health Plan Providers Approved by Peer Review and Credentialing Committee November 6, 2018 Page 2 of 2 RECREDEN TIALING ORGANIZATIONAL PROVIDER S NOVEMBER 2018 Provider Name Provide the Following Services Location Dialysis Newco, Inc. dba: US Renal Care Berkeley Dialysis Dialysis Berkeley RAI Care Centers of Northern California II, LLC dba: RAI-Bancroft Ave.-Oakland Dialysis Oakland RAI Care Centers of Northern California II, LLC dba: RAI-Telegraph -Piedmont Dialysis Oakland Sanhyd, Inc dba Kyakameena Care Center Skilled Nursing Facility Berkeley St. Helena Hospital dba: St. Helena Hospital Center for Behavioral Health Mental Health Services Vallejo bopl-November 6, 2018 12-4-18 BOS Minutes 904 RECOMMENDATION(S): COMMIT to the temporary preservation of the historic original 1903 portion of the Downtown Martinez Jail through April 30, 2021. FISCAL IMPACT: No fiscal impact. BACKGROUND: On April 25, 2017, the Board of Supervisors certified the final environmental impact report for the Downtown Martinez Jail Demolition Project. The Downtown Martinez Jail, located at 650 Pine Street, consists of the historic original jail, built in 1903, and the jail annex, built in 1944. The EIR analyzed the environmental impacts of demolishing the jail building. The EIR also acknowledged that an alternative to demolition is the possible reuse of the historic original jail. At its April 25, 2017, meeting, the Board committed to the temporary preservation of the historic original 1903 portion of the jail for a minimum of two years, to April 25, 2019. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/04/2018 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: Eric Angstadt 925.335.1009 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 4, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C.111 To:Board of Supervisors From:David Twa, County Administrator Date:December 4, 2018 Contra Costa County Subject:Temporary Preservation of Historic Downtown Martinez Jail 12-4-18 BOS Minutes 905 BACKGROUND: (CONT'D) Since that Board meeting, County staff has been evaluating options for the possible reuse of the 1903 portion of the jail. Staff has been negotiating with the City of Martinez regarding the possible transfer of the 1903 portion of the jail to the City. A commitment by the Board of Supervisors to preserve the 1903 portion of the jail through April 30, 2021 will allow these negotiations to continue. 12-4-18 BOS Minutes 906 RECOMMENDATIONS ADOPT Resolution No. 5216 approving the of Understanding with Public Employees Union, Local #1/AFSCME (attached), establishing the salary levels to be effective the full pay period of Board approval and other employment terms for Housing Authority Clerical and Maintenance employees represented by Local #1/AFSCME for the period July 1, 2018 through June 30, 2021; AUTHORIZE the Executive Director to execute the Memorandum of Understanding with Public Employees Union, Local #1/AFSCME on behalf of the Housing Authority; and ADOPT Resolution No. 5217 establishing comparable salary modifications for the unrepresented employees of the Housing Authority of the County of Contra Costa to be effective the full pay period of Board approval. BACKGROUND Resolution No. 5216 – Proposed Memorandum of Understanding with Public Employees Union, Local #1/AFSCME Negotiations with Public Employees Union, Local #1/AFSME (Union) have resulted in a tentative agreement for a Memorandum of Understanding (MOU) for the period July 30, 2018 through June 30, Action of Board On: 12/04/2018 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF COMMISSIONERS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: 925-957-8028 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 4, 2018 Joseph Villarreal, Executive Director By: June McHuen, Deputy cc: C.112 To:Contra Costa County Housing Authority Board of Commissioners From:Joseph Villarreal, Housing Authority Date:December 4, 2018 Contra Costa County Subject:APPROVE MEMORANDUM OF UNDERSTANDING WITH PUBLIC EMPLOYEES UNION, LOCAL #1/AFSCME AND ESTABLISH SALARY LEVELS FOR UNREPRESENTED EMPLOYEES 12-4-18 BOS Minutes 907 BACKGROUND (CONT'D) 2021. The new MOU provides for a 2.5% cost of living increase effective upon Board approval, a 1.5% cost of living increase effective the first full pay period including July 1, 2019, and a 2.0% cost of living increase effective the first full pay period including July 1, 2020. The MOU also calls for a one-time lump-sum ratification payment of $1000. In addition, salary schedules shall have a 5 step salary range and will be adjusted to achieve no less than 5% between all steps within the salary range of each classification. Market Equity adjustments for classifications which are greater than ten (10) percent below the market average and/or have proven to be essential but hard to recruit at the current salary levels will be adjusted over the term of the agreement. The other proposed changes to the economic terms of the agreement includes an increase to current medical benefits. HACCC will make the following contributions toward medical insurance: Employee Only = $462.00 Employee +1 = $924.00 Employee +2 = $1205.00 Each member of the bargaining unit shall receive eight (8) additional hours of personal leave time per year. The MOU also provides for the following changes: Include no discrimination on the basis of Union protected activity. Revision of Union Security to reflect statute revoking Agency Shop provisions. New employees shall serve a minimum 12 month probationary period. An employee promoting to a higher paying classification within the bargaining unit shall serve a probationary period of 9 months. Absences of 5 or more days during the probationary periods shall extend the probationary period by the number of days not worked. Employees must present a physician’s note for the duration of vacation accrual utilized for sick leave purposes. If employee is unable to provide physician’s note, time will be deemed unpaid. Employee is responsible for notifying department supervisor 1 hour prior to the commencement of their work shift. Clarify language in regards to Workers Compensation claims and time off from work for appointments. Provides duration limits and guidelines for Leaves without Pay requests. Clarify language in current MOU granting 40 hours of bereavement versus 5 days of leave. Clarify Notification of Absence. Include Labor Code language surrounding Meal and Rest breaks. Clarification of transfer bid process. Remove provision providing for removal of disciplinary actions from Employee Human Resources file. Provides 8 shirts, 3 work pants, and $400 boot allowance for Maintenance 12-4-18 BOS Minutes 908 employees. Provides 2 shirts and $200 for Senior Property Assistants, Senior Housing Assistants, and Housing Program Specialists. Clarify MOU language for Catastrophic Leave eligibility. Updates to Maintenance On-Call procedures to reflect practice and necessary changes. Resolution No. 5217 – Unrepresented Employee Salary and Benefit Adjustments The Resolution provides for the following salary and benefit changes for unrepresented employees: A 2.5% cost of living increase effective upon Board approval; A 1.5% cost of living increase effective the first full pay period including July 1, 2019; A 2.0% cost of living increase effective the first full pay period including July 1, 2020; A $1000 lump-sum payment; Salary schedules shall have a 5 step salary range and will be adjusted to achieve no less than 5% between all steps within the salary range of each classification. Market Equity adjustments for classifications which are greater than ten (10) percent below the market average and/or have proven to be essential but hard to recruit at the current salary levels will be adjusted over the term of the agreement. An increase to the current medical benefit to be made as follows: Employee Only = $462.00 Employee +1 = $924.00 Employee +2 = $1205.00 Eight (8) additional hours of personal leave time per year. FISCAL IMPACT The Housing Authority’s current budget provides for the changes in the economic terms of the proposed MOU. Assuming current HUD funding levels, staff project that HACCC’s reserve levels will not be decreased by the proposed salary and benefit modifications for represented and unrepresented employees. CONSEQUENCE OF NEGATIVE ACTION Should the Board elect not to adopt these actions, both HACCC’s staff represented by Local #1/AFSCME would be denied wage enhancements negotiated in good faith and calculated to be affordable to the agency and unrepresented staff would be denied similar wage increases. Additionally, HACCC would not have an agreement with Public Employees Union, Local #1/AFSCME and negotiations would resume. ATTACHMENTS Housing Authority Resolution No. 5216 HACCC-Local1/AFSCME MOU 2018-2021 Housing Authority Resolution No. 5217 2018-2020 Exempt Schedule(No ED Equity) 12-4-18 BOS Minutes 909 THE BOARD OF COMMISSIONERS OF THE HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA RESOLUTION NO. 5216 WHEREAS, the Executive Director of the Housing Authority of the County of Contra Costa has submitted a Memorandum of Understanding to be entered into with Public Employees Union, Local #1/AFSCME and the clerical and maintenance employees of the Housing Authority of the County of Contra Costa, units represented by Local #1/AFSCME; and, WHEREAS, the Memorandum of Understanding outlines compensation and practices for the clerical and maintenance employees of the Housing Authority of the County of Contra Costa, a unit represented by Local #1/AFSCME, during the term of the Memorandum of Understanding; and, NOW, THEREFORE BE IT RESOLVED that the Memorandum of Understanding referred to above, having been fully considered, is APPROVED and is hereby made applicable to the clerical and maintenance employees of the Housing Authority of the County of Contra Costa effective July 1, 2018 through June 30, 2021. PASSED AND ADOPTED ON ______________________________________by the following vote of the Commissioners. AYES: NOES: ABSENT: ABSTAIN: I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AN ACTION TAKEN AND ENTERED ON THE MINUTES OF THE BOARD OF COMMISSIONERS ON THE DATE SHOWN. ATTESTED______________________________ JOSEPH VILLARREAL, CLERK OF THE BOARD OF COMMISSIONERS AND EXECUTIVE DIRECTOR BY____________________________________ 12-4-18 BOS Minutes 910 MEMORANDUM OF UNDERSTANDING Between HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA And Public Employees Union, Local #1/AFSCME July 1, 2018 through June 30, 20 21 12-4-18 BOS Minutes 911 i HACCC Local #1/AFSCME MOU 2018-2021 MEMORANDUM OF UNDERSTANDING HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA TABLE OF CONTENTS PREAMBLE _________________________________________________________________ 1 Section 1. Recognition _____________________________________________________ 1 Section 2. Management Rights ______________________________________________ 1 Section 3. Union Security___________________________________________________ 2 Section 4. No Discrimination Provisions ______________________________________ 3 Section 5. No Strike and No Lockout Guarantee________________________________ 4 Section 6. Union Representation_____________________________________________ 4 Section 7. Seniority ________________________________________________________ 5 Section 8. Layoff __________________________________________________________ 7 Section 9. Holidays Observed _______________________________________________ 8 Section 10. Vacation Leave __________________________________________________ 9 Section 11. Paid Sick Leave _________________________________________________ 11 Section 12. Workers' Compensation__________________________________________ 13 Section 13. Jury Duty and Witness Duty ______________________________________ 14 Section 14. Leaves of Absence Without Pay ___________________________________ 15 Section 15. Family Medical Leave ____________________________________________ 16 Section 16. Bereavement Leave _____________________________________________ 17 Section 17. Restoration of Service Credits _____________________________________ 17 Section 18. Days and Hours of Work _________________________________________ 18 Section 19. Rest and Clean-up Periods Rest Periods ___________________________ 18 Section 20. Health and Safety _______________________________________________ 19 Section 21. Wages and Classifications _______________________________________ 19 Section 22. Employment____________________________________________________ 20 12-4-18 BOS Minutes 912 ii HACCC Local #1/AFSCME MOU 2018-2021 Section 23. Benefits _______________________________________________________ 21 Section 24. Overtime _______________________________________________________ 23 Section 25. Grievance Procedure ____________________________________________ 24 Section 26. Disciplinary Actions _____________________________________________ 27 Section 27. Posting and Filling Vacant Positions _______________________________ 29 Section 28. Working Out of Classification _____________________________________ 32 Section 29. Personnel Files _________________________________________________ 32 Section 30. Miscellaneous Pay Provisions ____________________________________ 33 Section 31. Performance Evaluation__________________________________________ 34 Section 32. Voluntary Demotions ____________________________________________ 35 Section 33. Clothing _______________________________________________________ 36 Section 34. Catastrophic Leave ______________________________________________ 37 Section 35. Miscellaneous Provisions ________________________________________ 38 Section 36. Scope of Agreement _____________________________________________ 40 Section 37. Saving Clause __________________________________________________ 40 Section 38. Term __________________________________________________________ 41 EXHIBIT A REPRESENTED EMPLOYEES SALARIES _________________________ - 42 - EXHIBIT B _______________________________________________________________ - 45 - EXHIBIT C _______________________________________________________________ - 48 - EXHIBIT D _______________________________________________________________ - 53 - EXHIBIT E________________________________________________________________ - 56 - SIDE LETTER of AGREEMENT ______________________________________________ - 57 - 12-4-18 BOS Minutes 913 1 HACCC Local #1/AFSCME MOU 2018-2021 MEMORANDUM OF UNDERSTANDING HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA PREAMBLE This Memorandum of Understanding is made and entered into as of the ___day of July, 2018 by and between the Housing Authority of the County of Contra Costa (hereinafter called "Authority") and the Public Employees Union, Local #1/AFSCME (hereinafter called "Union"). The Authority is a public body, corporate and politic, organized and existing under and pursuant to the laws of the State of California. As such, the Authority must comply with all applicable laws of the United States and the State of California, including provisions of the Meyers-Milias Brown Act, and all administrative regulations promulgated by the Department of Housing and Urban Development (hereinafter referred to as "HUD"), pursuant to the Annual Contributions and Administration Contract between it and the Authority. Section 1. Recognition Local #1/AFSCME is hereby recognized as the exclusive bargaining representative for all employees in the job classifications hereafter set forth in Exhibit A . The term "employee" as used in this Memorandum of Understanding, unless it is clearly indicated otherwise, shall be deemed to mean only those employees who are included in the bargaining unit hereinafter set forth in Exhibit A of this Memorandum of Understanding. There shall be two (2) bargaining units: Maintenance and Clerical. Section 2. Management Rights The Authority has the right to manage the Authority and to direct the work force including the determination of staffing requirements, classifications and content of job descriptions. The Authority has the right to establish reasonable rules and regulations. Such rules and regulations so established shall be conspicuously posted. All management rights and functions, except those which are clearly and expressly abridged by this Memorandum of Understanding, shall remain vested with the Authority. The Authority shall have full freedom in determining the qualifications and hiring of new employees for positions covered under this Memorandum of Understanding. 12-4-18 BOS Minutes 914 2 HACCC Local #1/AFSCME MOU 2018-2021 Section 3. Union Rights 3.1 Duty of Fair Representation Local #1/AFSCME agrees that it has a duty to provide fair and non-discriminatory representation to all employees in all classes in the unit for which this section is applicable regardless of whether they are members of Local #1/AFSCME. 3.2 Notice . An employee employed in or hired into a job class represented by Local #1/AFSCME shall be notified that the Housing Authority has a Memorandum of Understanding with the Union regarding wages, benefits and terms and conditions of employment. The Housing Authority shall provide new employees with a membership form provided by the Union and an "Employee Authorization for Payroll Deduction" card. Employees shall be instructed to return completed forms to the Union in order to authorize membership deductions. 3.3 Indemnification All provisions regarding Union membership are governed by the Union. Local #1/AFSCME shall indemnify, defend, and hold the Housing Authority harmless against any and all claims, demands, suits, orders or judgments, or other forms of liability that arise out of or by reason of this Local #1/AFSCME membership section, or action taken or not taken by the Housing Authority under this Section. This includes, but is not limited to, the Housing Authority's Attorneys' fees and costs. The provisions of this subsection shall not be subject to the grievance procedure. 3.4 Bargaining Unit Update The Housing Authority shall monthly furnish a list of all new hires within the bargaining unit to Local #1/AFSCME. 3.5 Union Membership Maintenance of Membership All employees represented by Local #1/AFSCME who are currently paying dues to Local #1/AFSCME and all employees in that unit who hereafter become members of Local #1/AFSCME shall continue to pay dues to Local #1/AFSCME for the duration of this Memorandum of Understanding and each year thereafter so long as Local #1/AFSCME continues to represent the class to which the employee is assigned. Withdrawal of Membership Any employee assigned to a classification represented by Local #1/AFSCME shall notify the Union in writing their request for membership withdrawal. 12-4-18 BOS Minutes 915 3 HACCC Local #1/AFSCME MOU 2018-2021 Section 4. No Discrimination Provisions 4.1 No Discrimination There shall be no discrimination because of race, religious creed, color, national origin, sex or Union protected activity against any employee of the Employer or by anyone employed by the Authority; and to the extent prohibited by applicable state and federal law there shall be no discrimination because of age. 4.2 Americans With Disabilities Act (ADA) Accommodation There shall be no discrimination against any disabled person solely because of such disability unless that disability prevents the person from meeting the minimum standards established for the position. The Employer and the Union recognize that the Authority has an obligation to reasonably accommodate disabled employees. If by reason of the aforesaid requirement the Authority contemplates actions to provide reasonable accommodation to an individual employee in compliance with laws covering employees with disabilities which are in conflict with any provision of this Agreement, the Union will be advised of such proposed accommodation. Upon request, the Authority will meet and confer with the Union on the impact of such accommodation. If the Authority and the Union do not reach agreement, the Authority may implement the accommodation if required by law without further negotiations. Nothing in this MOU shall preclude the Authority from taking actions necessary to comply with the requirements of the law. 4.3 No Harassment Provision The Authority does not tolerate harassment of or by employees at the workplace or in any work-related situation. Harassment is any treatment of an employee which has the purpose or effect of affecting employment decisions concerning an individual, or unreasonably interfering with an individual's work performance, or creating an intimidating or hostile work environment. Such conduct includes but is not limited to sexual harassment, arbitrary or capricious changes of assignments, or conduct of an Authority employee which creates a hostile work environment. All employees are required to comply with this provision. Should any employee learn of or be advised of a possible infraction of this provision, he/she should immediately report the incident to his /her supervisor or to the Human Resources Officer. An employee who witnesses or believes that he/she has been the object of harassment should notify his/her supervisor or the Human Resources Officer. The Authority will investigate all reports of harassment and will take appropriate remedial action. The Authority considers harassment a serious offense and any employee who is reasonably believed to have violated this provision may be subject to discipline, up to and including termination. 12-4-18 BOS Minutes 916 4 HACCC Local #1/AFSCME MOU 2018-2021 Section 5. No Strike and No Lockout Guarantee 5.1 No Strike Union and its officials will not, directly or indirectly, take part in any action or strike against the operation of the Authority during the term of this Memorandum of Understanding. In the event an unauthorized work stoppage occurs, Union shall, as soon as possible and after written notification by the Authority, post notice at the facilities that such action is unauthorized and promptly take steps to return its members to work. 5.2 No Lockout The Authority shall not conduct a lockout of its employees during the term of this Memorandum of Understanding. Section 6. Union Representation 6.1 Official Union Representatives The Employer recognizes and agrees to deal with the designated Union Stewards and Representatives of Union in all matters relating to grievances and the interpretation of this Memorandum of Understanding. 6.2 Shop Stewards Union may designate three (3) Shop Stewards for each unit. A Steward shall be allowed reasonable time to investigate a specified grievance, provided it is in his/her assigned work area or the steward has received advance approval from the supervisor to leave his/her immediate work area. The shop Steward shall be allowed to attend meetings with management representatives, to be present at hearings where matters within the scope of representation are being considered and at such other times as may be authorized by the Authority. Such authorization is subject to prior notification and approval of the immediate supervisor. Supervisors shall not deny Stewards a reasonable time except under extraordinary circumstances and in no case shall denial be arbitrary or capricious. 6.3 Union Access Union representatives shall have access to all employees in the unit on an individual basis during working hours. Representatives of Union shall be permitted to enter the premises of the Employer in which Union has members at any time during regular working hours to conduct business pertaining to the scope of representation without interference with or interruption of the work effort. 6.4 Unit Authorized Leave The Employer agrees that upon appropriate request from Union designating the employee(s) and the date(s), the Employer will grant up to a maximum of three (3) days' authorized leave with pay annually for the represented unit as a whole. At least two (2) weeks' notice shall be given by Union and work schedules must 12-4-18 BOS Minutes 917 5 HACCC Local #1/AFSCME MOU 2018-2021 not be unduly interrupted. 6.5 Use of In-House Mailing Employees designated as Shop Stewards or official representatives of Union shall be granted the use of the Employer's in-house mailing for Union business. 6.6 Bulletin Boards The employer shall provide Union with space on bulletin boards in areas where Union has employees it represents for the purpose of posting non-controversial Union notices. Such notices may be posted by the Steward, although not limited to the following notices, they may include: 1) Recreational and social events of Union 2) Union meetings 3) Union elections, appointments 4) Results of Union elections 5) Other matters relating to the scope of representation In the event a dispute arises concerning the appropriateness of material posted, the Business Representative of Union will be advised by the Executive Director of the nature of the dispute and the notices will be removed from the bulletin boards until the dispute is resolved. Section 7. Seniority 7.1 Defined Seniority is defined as the length of service from the date of hire as a permanent employee. Seniority shall not accrue during periods of leave without pay after an absence of six (6) months. 7.2 Loss of Seniority Employees shall lose their seniority for the following reasons: 1) Discharge for just cause 2) Resignation 3) Failure to return to work when recalled from layoff. The employer shall forward the return-to-work notice to the recalled employee’s last known address by certified mail, and the recalled employee shall have ten (10) days to respond after the mailing of the notice 4) Failure to return to work after expiration of a formal leave of absence 5) Retirement 6) Layoff for a continuous period of one (2) years or term of employment, whichever is longer 7) Constructive Resignation 7.3 New Employee Probation Provisions 1) All new employees shall serve a twelve (12) month probationary period. The probationary period shall commence on the date of hire and conclude exactly twelve (12) months later. If this date occurs on a Saturday or Sunday, the probation period shall end on the preceding Friday. 12-4-18 BOS Minutes 918 6 HACCC Local #1/AFSCME MOU 2018-2021 Absences of five (5) or more days during the probationary period shall extend the probationary period by the number of days not worked. 2) All newly hired probationary employees shall receive written performance evaluations at the end of the first three (3) months of employment, at the end of six (6) months, at the end of nine (9) months, and after the first twelve (12) months of employment. If either of the first two (2) evaluations shows less than satisfactory performance, the rater shall comment in writing on those specific matters raised. The rater shall inform the employee in writing what improvements should be made to reach a satisfactory level of performance in order to achieve permanent status. 3) Probationary employees shall be granted access to the grievance procedures except for probationary releases. 4) A probationary employee may be released from employment at any time during the initial probationary period without advance notice and without right of appeal or hearing. 7.4 Promotional Employee Probation Provisions 1) An employee promoting to a higher paying classification within the bargaining unit shall serve a probation period of nine (9) months. 2) Promotional probationary employees shall be formally evaluated at three (3) months, six (6) months, and at nine (9) months. 3) Absences of five (5) or more days during the promotional probationary period shall extend the probationary period by the number of days not worked. The promotional probationary period may be extended to allow employee to reach a satisfactory level of performance or obtain required certifications in order to achieve permanent status in promoted position. 4) Employees may be released from promotional probation without notice and without right of appeal but shall be returned to the position and step formerly held. Any employee who promotes and while on probation is terminated for cause, shall be entitled to notice and appeal as provided in this Memorandum of Understanding. 7.5 Seniority Upon Break in Bargaining Unit Service Employees transferred or promoted to other positions within the Authority, but outside the jurisdiction of this Memorandum of Understanding, will retain, but not accrue, their seniority in the event of subsequent transfer back to a position covered by this Memorandum of Understanding. If the transfer or assigned work out of class is temporary in nature, the employee will continue to accrue seniority in his/her permanent position. 7.6 Seniority List The Authority shall prepare and maintain a seniority list which shall show the names, classification title, seniority unit, and seniority date of hire of all 12-4-18 BOS Minutes 919 7 HACCC Local #1/AFSCME MOU 2018-2021 bargaining unit employees. Union shall be given two (2) copies of the list within thirty (30) calendar days after the date of this Memorandum of Understanding, and thereafter a current list upon request. A copy of this seniority unit list, including the same information, shall be posted on each employee bulletin board. This list shall be available for inspection by the employee and his/her Steward. In the event that two (2) or more employees have the same seniority date (hire date) and an incident arises which requires a seniority decision affecting those employees, the respective seniority of such employees shall be determined on an incident by incident basis. For each incident, the names of affected employees will be placed in a lot, from which one name will be drawn by management in the presence of affected employees. The affected employee whose name is drawn will be deemed to have seniority rights over the other affected employees for this incident only, and any remaining ties shall be resolved by repeating the process. The Authority may determine the required qualifications of employees for the purpose of promotions, demotions, and employment of new employees. In determining the employee's qualifications to meet the requirements, the Authority will take into consideration: 1) The employee's knowledge of the duties to be performed and the equipment to be used; 2) The employee's performance in his/her current assignment or employment; and 3) His/her training, ability and experience, if any, in similar lines of work. Section 8. Layoff 8.1 Notice of Layoff Permanent employee unit members affected by layoff shall be given no less than thirty (30) calendar days’ written notice of such action. 8.2 Order of Layoff When one (1) or more employees performing in the same classification are to be laid off for lack of work, reorganization, or lack of funds, the order of layoff shall be as follows: 1) All temporary employees 2) All probationary employees 3) All permanent employees in the inverse order of their seniority 4) Employees affected in (3) above will be allowed to accept demotion to a lower classification if they have previously held that lower classification for a period of at least six (6) months, or can meet the qualifications for the entry level position in any seniority unit, and have seniority over an incumbent in that position or the position is vacant 12-4-18 BOS Minutes 920 8 HACCC Local #1/AFSCME MOU 2018-2021 When an employee was initially employed in an identifiable entry level position within an existing specific family grouping of classifications, that employee shall retain seniority for that entry level position even though the position has been reclassified and/or the title changed, provided the employee meets minimum qualifications required for the entry level position. 8.3 Layoff Bumping Order Employees "bumped" by the foregoing will, for purposes of this Section, be treated as notified of layoff and the same rights will apply. The employee may continue to bump into successive lower classes in which he/she has served and for which he/she is qualified to avoid layoff. Employees accepting demotion to a classification paid at a lower salary range will have their salaries adjusted so that they occupy the same step in the new lower range as they did in their previous range. An employee may elect to be laid off in lieu of bumping. Accepting such layoff does not affect the employee's reemployment rights under this Memorandum of Understanding. Seniority for permanent part-time employees shall be determined by converting the employee's total hours to a full-time equivalency. Employees "bumped" and/or demoted as a result of a reorganization not associated with lack of work or lack of funds situation shall maintain his/her present salary and shall not receive any additional compensation until the salary of the lower position he/she is filling is equal to his/her salary. This procedure is known as "Y" rating. 8.4 Layoff Unit Transfer Rights If a vacant position is outside of the laid off employee’s unit, employees who are laid off may fill any vacant position for which they meet the minimum qualifications. Such an employee shall have preference over outside applicants. 8.5 Reemployment List The names of employees laid off shall be entered upon a reemployment list in the inverse order of seniority that they were laid off and a copy submitted to Union. The person ranking highest on the reemployment list for a particular classification shall be offered the appointment when a permanent or permanent part-ti me or temporary vacancy exists in that classification prior to public advertising. The reemployment list shall be applicable for twenty four (24) months. Section 9. Holidays Observed 9.1 The following holidays shall be observed with pay for full-time and permanent part-time employees: 12-4-18 BOS Minutes 921 9 HACCC Local #1/AFSCME MOU 2018-2021 New Year's Day January 1 Martin Luther King Jr. Day 3rd Monday in January Presidents ’ Day 3rd Monday in February Memorial Day Last Monday in May Independence Day July 4 Labor Day First Monday in September Veterans Day November 11 Thanksgiving Day 4th Thursday in November Day after Thanksgiving Friday following Thanksgiving Christmas Day December 25 Every day declared by the governing body, by resolution, to be a holiday. Employees shall be credited with 2.6 7 hours per month for each month of employment to be used as floating personal holiday leave. Employees shall be allowed to use such time in increments of no less than one (1) hour. On separation from Authority service, an employee shall be paid for any unused floating personal holiday leave at the employee's current pay rate. Union and the Employer agree that by mutual consent any of the above holidays can be observed on a date other than listed in this Section. When a holiday falls on a Sunday, the Monday following shall be observed as the holiday. When a holiday falls on a Saturday, the preceding Friday will be observed as the holiday. If a legal holiday as set forth in this Section falls on a workday for a full-time employee on an irregular workweek, such employee will be entitled to the holiday. However, if a holiday falls on one of his/her days off, the employee will be entitled to a day off and will observe the holiday on the last workday before the holiday or first workday after the holiday. 9.2 Holiday Pay Employees who work on a holiday shall be paid one and one-half (1½) times their regular rate for all hours worked in addition to their earned holiday payment. Section 10. Vacation Leave 10.1 Vacation Accrual 1) Employees in permanent positions are entitled to vacation with pay. Accrual is based upon straight time hours of working time per calendar month of service and begins on the date of appointment to a permanent position. Increased accruals begin on the first of the month following the month in which the employee qualifies. Accrual for portions of a month shall be in minimum amounts of one (1) hour calculated on the same basis as for partial month compensation. Vacation credits may not be taken during the first six (6) months of employment except where sick leave has been exhausted; and none shall be allowed in excess of actual accrual at the time vacation is taken. Employee must present a physician’s note for 12-4-18 BOS Minutes 922 10 HACCC Local #1/AFSCME MOU 2018-2021 duration of vacation accrual utilized for sick leave purposes. If employee is unable to provide a physician’s note, time will be deemed unpaid. 2) No employee who has been granted a leave without pay or unpaid military leave shall accrue any vacation credit during the time of such leave, nor shall an employee who is absent without pay accrue vacation credit during the absence. 10.2 Vacation Accrual Rates Employees' vacation credits accrue and the maximum accumulation thereof is as follows: All permanent employees employed under the terms of this Memorandum of Understanding shall be entitled to vacation pay subject to the following schedule: Monthly Accrual Max Cumulative Length of Service Hours Hours Less than 11 years 10 240 Beginning 11th year 10⅔ 256 Beginning 12th year 11⅓ 272 Beginning 13th year 12 288 Beginning 14th year 12⅔ 304 Beginning 15th through 19th year 13⅓ 320 Beginning 20th through 24th year 16⅔ 400 Beginning 25th through 29th year 20 480 Beginning 30 years and up 23⅓ 560 10.3 Vacation Pay Out for Separated Employees On separation from Authority service, an employee shall be paid for any unused vacation credits at the employee's then current pay rate. 10.4 Scheduling of Vacations By March 1st of each year a vacation schedule shall be drawn up for that year scheduling vacations on a departmental or operational basis. The vacation period shall be taken at a time mutually agreeable to the Employer and the employee and on a seniority basis within the department or property to which the employee is regularly assigned. Employee requests for vacation shall be received no later than February 15th of each year and the approved vacation schedule shall be provided to the employees, in writing, no later than March 1st. Employer shall respond, in writing, to initial and subsequent vacation requests within ten (10) workdays of submission. 10.5 Vacation Pay Option Employees may elect to receive vacation pay off equal to one-half (½) of his/her 12-4-18 BOS Minutes 923 11 HACCC Local #1/AFSCME MOU 2018-2021 annual vacation accrual. The employee may utilize the vacation payoff option two times each calendar year. In no event shall an employee be paid in excess of one-half (½) of the annual accrual. In order to be eligible for the above payoff the employee must have accrued the amount of leave requested at the time of payoff. Annual leave balances will be reduced by the number of hours purchased. Section 11. Paid Sick Leave 11.1 Sick Leave Accrual All full-time permanent employees shall accumulate sick leave credit from the first day of appointment to a permanent position on the basis of eight (8) hours sick leave credit per month. Effective the first day of appointment to a permanent position, part-time employees shall accrue pro-rated credit based on the percentage of full-time hours worked. 11.2 Sick Leave Accrual for Retirement Credit Sick leave credit earned but not used may be carried from year to year and upon retirement, may be applied to longevity in the County Retirement Plan as provided for by the CCCERA Retirement Board. 11.3 Sick Leave Use Employee is responsible for notifying their department of an absence no less than one (1) hour prior to the commencement of their work shift or as soon as possible. Employee is also responsible for keeping their department informed on a continuing basis of their probable date of return to work. Paid sick leave time can be used for the following reasons:  Diagnosis, care or treatment of an existing health condition for an employee or covered family member, as defined below.  Preventive care for an employee or an employee's covered family member.  For certain, specified purposes when the employee is a victim of domestic violence, sexual assault or stalking. For purposes of paid sick leave, a covered family member includes:  A child defined as a biological, foster or adopted child; a stepchild; or a legal ward, regardless of the age or dependency status of the child. A "child" also may be someone for whom the employee has accepted the duties and responsibilities of raising, even if he/ she is not the employee’s legal child.  A "parent" defined as a biological, foster or adoptive parent; a stepparent; or a legal guardian of an employee or the employee's spouse or registered domestic partner. A parent may also be someone who accepted the duties and responsibilities of raising a child when the child was a minor, even if the employee is not the legal parent. 12-4-18 BOS Minutes 924 12 HACCC Local #1/AFSCME MOU 2018-2021  A spouse  A registered domestic partner  A grandparent  A grandchild  A sibling For eligible employees, sick leave may be taken for one or more of the following reasons:  The birth of the employee's child, or placement of a child with the employee for adoption or foster care (FMLA/CFRA);  For incapacity due to pregnancy, prenatal medical care or child birth (FMLA only);  For a serious health condition that makes the employee unable to perform his or her job (FMLA/CFRA);  To care for the employee's spouse, child, or parent who has a serious health condition (FMLA/CFRA);  To care for the employee's registered domestic partner (CFRA only). 11.4 Sick Leave Pay 1. For the purpose of this Section, full pay shall mean pay for the regular daily schedule of working hours for those days which the employee would have worked had the need for sick leave use not occurred, calculated at the employee's straight time rate. 2. The amount of sick pay allowance payable to an employee shall be reduced by any temporary disability benefits or indemnity that the employee may become entitled to under or by virtue of any federal, state or other statutory disability benefits. The sum of the two payments will equal no more than full sick allowance. Benefits derived from temporary disability will be used to repurchase, on an hourly basis, charges against sick leave. 3. Sick leave will not be paid out at time of employee separation. 11.5 Sick Leave Use Verification A doctor's certificate or other reasonable proof of illness may be required by the management for probable cause and may be subject to verification by the Authority. 11.6 Sick Leave Usage for Medical Appointments An employee may use accumulated sick leave for the employee's pre-scheduled medical and dental appointments or pre-scheduled medical and dental appointments of members of the employee's immediate family (as defined in this Section). Sick leave shall be charged in no less than one quarter (¼) hour increments. 11.7 Sick Leave Payout Employees may, upon request, be paid for unused sick leave to a maximum of forty (40) hours under the following conditions: 1) The employee must have a minimum balance of 200 hours of sick leave on November 1st of the year preceding payment. 2) The maximum amount of sick leave that can be used during the payment 12-4-18 BOS Minutes 925 13 HACCC Local #1/AFSCME MOU 2018-2021 year is 56 hours. 3) If an employee uses over 56 hours of sick leave during the year, he/she is ineligible for payment in that year. 4) The maximum payment of unused sick leave credits for the year is 40 hours. An employee must notify the Fiscal Department by November 5th of the payment year of his/her intent to receive payment. 5) All unused sick leave credits as of November 1st of the payment year are accrued to the employee's sick leave account. 6) Sick leave credits are reduced by the number of hours for which he/she is being paid up to a maximum of 40 hours. 7) Employees eligible for receiving payment of unused sick leave credits and electing to receive said payment will be paid on the first payday in December of the year for which the employee qualified for payment. Section 12. Workers' Compensation 12.1 Employees who leave work as a result of an on-the-job injury or illness will have the balance of that day charged to sick leave providing the time is four (4) hours or more. If less than four (4) hours remains in the scheduled work day, no time will be charged to the sick leave account. Three (3) consecutive calendar days following the last day worked constitutes a waiting period before Workers' Compensation starts. The last day worked is the workday prior to the date of injury or illness. The time the employee was scheduled to work during the Workers’ Compensation qualifying period will be charged to his/her leave account. In order to qualify for Workers' Compensation, the employee must be under the care of a physician. Compensable temporary disability absence for the purpose of this section is any absence due to work connected disability which qualified for temporary disability compensation under the Workers’ Compensation Law set forth in the Califo rnia Labor Code. When any disability becomes permanent, the salary provided in this subsection shall terminate. Temporary compensation is payable for the first week of disability when the injury or illness necessitates hospitalization. 1) A permanent employee shall receive seventy five percent (75%) of his/her regular straight time wages after integration with temporary Workers’ Compensation disability payments during any period of compensable temporary disability absence, not to exceed six (6) months from the start of temporary disability. The six (6) month’s pay limitation is per claim, not per incident. For example: An employee who takes Worker’s Compensation Leave for five (5) months and returns to work at a later date and becomes disabled again due to the original injury is only entitled to another one (1) month of supplemental pay. 2) The employee shall notify the Fiscal Department of all payments received 12-4-18 BOS Minutes 926 14 HACCC Local #1/AFSCME MOU 2018-2021 by him/her from the Employer’s Workers’ Compensation carrier. 3) No charge or accruals will be made to leave accounts while the employee is receiving temporary disability benefits for the first six (6) months. After six (6) months of supplemental pay, the employee shall then utilize paid leave balances to supplement temporary disability payments. 4) Employees receiving Workers' Compensation or State Disability Insurance Benefits and who are "buying back" paid leave time (either sick or annual leave) shall have the amounts rounded to the nearest whole number. 5) Whenever an employee who has been injured on the job and has returned to work is required by an attending physician to leave work for treatment during working hours, the employee shall be allowed time off up to three (3) hours for such treatment without loss of pay or benefits. This provision applies only to claims that have been accepted by the Housing Authority as job connected injuries and shall terminate three (3) months after the employee’s return to work or upon the effective date the claim is closed, or settled, whichever is sooner. Any additional treatments or appointments outside of this timeframe shall be charged to employee’s sick leave accrual. If sick leave accrual is exhausted employee may use compensatory time off or personal leave accruals. Section 13. Jury Duty and Witness Duty 13.1 Jury Duty For purposes of this Section, jury duty shall be defined as any time an employee is obligated to report to the court in response to a jury summons. When called for jury duty, Authority employees, like other citizens, are expected to discharge their jury duty responsibilities. Employees shall advise their supervisor as soon as possible if scheduled to appear for jury duty. When an employee is summoned for jury duty selection or is selected as a juror, employees may remain in a regular pay status if they waive all fees (other than mileage) and the following shall apply: 1) If an employee elects to remain in a regular pay status and waive or surrender all fees (other than mileage), the employee shall obtain from the Clerk or jury Commissioner a certificate indicating the days attended and noting that fees other than mileage are waived or surrendered. The employee shall furnish the certificate to his/her supervisor. 2) An employee who elects to retain all fees must take leave (vacation, floating holiday, etc.) or leave without pay. 3) If more than two hours remain in the workday, employees are to return to 12-4-18 BOS Minutes 927 15 HACCC Local #1/AFSCME MOU 2018-2021 work following release from jury duty to complete a scheduled work day. Employees are not permitted to engage in any employment occupation before or after daily jury service that would affect their ability to properly serve as jurors. An employee on short notice standby to report to court, whose job duties make short notice response impossible or impractical, shall be given alternate work assignments for those days to enable them to respond to the court on short notice. When an employee is required to serve on jury duty, the Authority will adjust that employee's work schedule to coincide with a Monday to Friday schedule for the remainder of their service, unless the employee requests otherwise. 13.2 Witness Duty Employees called upon as a witness or an expert witness in a case arising in the course of their work may remain in their regular pay status and turn over to the Authority all fees and expenses paid to them other than mileage allowance or they may take vacation leave or leave without pay and retain all fees and expenses. Employees called to serve as witnesses in private cases or personal matters (e.g., accident suits and family relations) shall take vacation leave or leave without pay and retain all witness fees paid to them. Employees shall advise their department as soon as possible if scheduled to appear for witness duty. Section 14. Leaves of Absence Without Pay 14.1 Leaves and Duration Upon written request, a Leave of Absence without pay may be granted to any permanent employee with at least one (1) year of service for a period not to exceed six (6) months, with prior approval of the Executive Director or designee for the following reasons: 1. Illness or disability not covered by paid sick leave 2. Pregnancy (in accordance with applicable law) 3. Education which would relate to the employee's career with the Authority 4. Other acceptable reasons 5. Family care Such leave may be extended beyond the six (6) month period, not to exceed one (1) year at the sole discretion of the Executive Director. 14.2 Requests 1. Requests for Leave of Absence without pay shall be submitted to the Executive Director and shall state specifically the reason for the request, the date when it is desired to begin and the probable date of return. 12-4-18 BOS Minutes 928 16 HACCC Local #1/AFSCME MOU 2018-2021 2. Requests for an extension of approved leave must be made no later than thirty (30) calendar days before the expiration of the original leave end date. Section 15. Family Medical Leave 15.1 Family Care and Medical Leave (FMLA/CFRA) Upon request to the Executive Director, any eligible employee shall be entitled to twelve (12) weeks leave (less if so requested by the employee) in any 12-month period for any of the reasons set forth in the federal Family Medical Leave Act (FMLA) and California Family Rights Act (CFRA). The 12-month period in which the 12 week leave entitlement occurs is a “rolling” 12 -month period measured backward from the date an employee uses any FMLA/CFRA leave. Under the “rolling” 12-month period, each time an employee takes FMLA/CFRA leave, the remaining leave entitlement would be any balance of the 12 weeks which has not been used during the immediately preceding 12 months. FMLA/CFRA leave eligibility and use will be administered in accordance with the FMLA and CFRA and their implementing regulations, as may be revised from time to time. 15.2 Intermittent FML The twelve (12) weeks entitlement may be in broken periods, intermittently on a regular or irregular basis, or may include reduced work schedules depending on the specific circumstances and situations surrounding the request for leave. The twelve (12) weeks may include use of appropriate available paid leave accruals or may be eligible for Paid Family Leave. 15.3 Dual Coverage In the situation where husband and wife are both employed by the Authority, the family care or medical leave entitlement based on the birth, adoption or foster care of a child is limited to an aggregate for both employees together of twelve (12) weeks during each rolling 12 month period. Employees requesting family care leave are required to advise the Executive Director or the Executive Director’s designee when their spouse is also employed by the Authority. 15.4 Reinstatement from Leave The Executive Director may assign employees on a temporary basis to perform the duties of an employee who is on a Leave of Absence. Upon the expiration of the leave of absence, the returning employee shall be reinstated to his/her former position and location at the same classification and pay provided that such a position exists and any employee who was temporarily assigned to that position shall revert to his/her former classification and location. If no comparable position exists when the employee returns from Leave of Absence, he/she may "bump" in accordance with the Layoff provisions contained in this Memorandum of Understanding. 15.5 Leave Accrual while on Leave Employees may not accrue annual or sick leave while on Leave of Absence without pay; however, employees returning to work following a Leave of Absence without pay shall retain their accumulated sick leave, vacation, and holiday leave 12-4-18 BOS Minutes 929 17 HACCC Local #1/AFSCME MOU 2018-2021 accrual. All accumulated vacation leave shall be used prior to being granted Leave of Absence without pay. An employee shall not be required to use sick leave accruals for Family Care Leave, but may elect to do so by mutual agreement with the Employer. 15.6 Group Health Insurance Plan for Family Medical Leave During an approved FMLA/CFRA leave, in order to continue to participate in the Authority’s health and welfare program, the Employee is required to continue to pay the Employee’s share of the required premium and the Em ployer will pay the Employer’s share of the required premium. While on unpaid leaves granted in excess of the FMLA/CFRA leave entitlement, the Employee is responsible for payment of the full premium cost (no Employer contribution) in order to maintain benefits. 15.7 Medical Clearance For an employee granted a Leave of Absence for medical reasons, the Authority may request said employee to complete satisfactorily an employment health examination, at the expense of the Authority, before return to active employment. 15.8 Pregnancy Disability Leave Insofar as pregnancy disability leave is used under this Section for Pregnancy Disability, that time will not be considered a part of the twelve (12) week family care leave period. Section 16. Bereavement Leave The Authority agrees that it will grant to all employees, upon notification of the employee's supervisor, leave for up to forty (40) hours with pay at his/her regular rate for the purpose of arranging for and/or attending the funeral in the event of a death in the immediate family of such employee. It is understood that "immediate family" shall mean spouse, domestic partner, father, mother, son, daughter, brother, sister, grandparents, step parents or step children, grandchild, mother-in-law, father-in law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, or any relative or dependent residing in the home of the employee at the time of death. The Employer may require that the employee provide proof of death and/or relationship of the deceased. Upon the approval of the Executive Director, accrued sick leave may be used to attend the funeral of friends and distant relatives. Leave in excess of forty (40) hours will be charged to the employee's accumulated sick leave or annual leave account, or approved leave without pay. Section 17. Restoration of Service Credits 17.1 Voluntary Separation A separated employee in good standing who returns to active employment with the Employer within twelve (12) months from date of separation shall have service credits which were accrued and unused prior to his/her separation 12-4-18 BOS Minutes 930 18 HACCC Local #1/AFSCME MOU 2018-2021 restored for purposes of: 1) Vacation eligibility but not vacation scheduling 2) Sick leave eligibility 3) Service awards 17.2 Layoff Separation When the separation was due to involuntary layoff, twenty four (24) months shall apply, provided the employee returns within his/her eligibility period. Section 18. Days and Hours of Work 18.1 Normal Work Week The normal work schedule for employees shall be the 9/80 work week as authorized in the provisions of Exhibit B. In the event the 9/80 work week is terminated, the work week shall revert to eight (8) hours per day Monday through Friday. 18.2 Notification of Absence If unable to report to work, an employee shall notify his/her supervisor no less than one (1) hour prior to the start of the employee’s scheduled shift. Section 19. Meal Break, Rest and Clean-up Periods 19.1 Meal Break Each employee shall have an unpaid, duty-free meal break of thirty (30) minutes. 19.2 Rest Periods 1. All employees shall be granted and take a rest period of fifteen (15) minutes during each half shift or four (4) hours of work. The rest periods shall be paid at the employee's prevailing rate. Rest periods will not be combined or added to the meal breaks. Rest breaks will not be used to allow an employee to come in fifteen (15) minutes late or leave fifteen (15) minutes early. 2. When overtime is worked, employees shall have a rest period of fifteen (15) minutes at the end of their regular shift and one every two (2) hours thereafter. 19.3 Clean-up Periods Maintenance employees and other employees who become dirty from the work environment shall be allowed up to ten (10) minutes immediately prior to the end of each half of any shift for the purpose of personal clean up. Those ten (10) minutes shall be paid at the employee's prevailing rate. 12-4-18 BOS Minutes 931 19 HACCC Local #1/AFSCME MOU 2018-2021 Section 20. Health and Safety 20.1 Safety Provisions The Authority shall make reasonable provisions to ensure the safety and health of each employee during the hours of their employment. Employees shall be required to use all safety clothing and protective devices which will be made available by the Authority and shall also be required to observe safety rules promulgated for their protection. Each employee shall be expected to immediately report any unsafe practice or condition of which they are aware to their supervisor. 20.2 Safety Equipment Requirements Safety goggles or shields, respirators and other safety equipment shall be furnished by the Authority and used by employees when required by State or Federal safety standards and laws or otherwise deemed necessary. 20.3 Joint Labor-Management Safety Committee A Local 1 safety committee is established to review matters related to employee safety. Said committee shall consist of two (2) representatives appointed by Local 1 and two (2) representatives appointed by the Authority. Section 21. Wages and Classifications 21.1 One-Time Lump-Sum Ratification Payment Effective following Union ratification and Board of Commissioner approval of this Agreement, each member of the bargaining unit shall receive a lump-sum payment of One Thousand Dollars ($1000). 21.2 Salary Schedules Wages shall be paid in accordance with the salary schedule as set forth in Exhibit "A" of this Memorandum of Understanding. Effective the first full pay period following Union ratification and Board approval Exhibit “A” of this Memorandum of Understanding shall be ad justed to achieve no less than 5% between all steps within the salary range of each classification. In addition each classification shall have a 5 step salary range. The affected classifications are listed below. Maintenance Mechanic A Maintenance Mechanic B Lead Maintenance Mechanic The first step in each range is the minimum rate and shall normally be the entry (hiring or promotion) rate for the classifications. The Executive Director may approve appointment at a higher step. The second step shall be paid after the completion of twelve (12) months of satisfactory service at the first step for new employees and at the completion of nine (9) months of satisfactory service for promotional probation employees. The third step shall be paid at completion of 12-4-18 BOS Minutes 932 20 HACCC Local #1/AFSCME MOU 2018-2021 twelve (12) months of satisfactory service at the previous step. 21.3 Market Equity Adjustments In an effort to institute a consistent practice of placing new hires at Step 1, Bargaining Unit classifications which are greater than ten (10) percent below the market average and/or have proven to be essential to operations but hard to recruit at the current salary levels and retain through promotion will be subject to market equity adjustments. Senior Property Assistant Senior Housing Assistant Leasing Assistant Senior Office Assistant Lead Maintenance Mechanic Maintenance Mechanic B Senior Accounts Clerk 21.4 Salary Upon Promotion or Work in a Higher Classification An employee promoted or reclassified to a higher classification shall be paid in the new position at least five percent (5%) above the salary rate he/she was receiving in the position from which promoted or reclassified. 21.5 Job Classifications The Employer shall meet and confer with Local #1 regarding salaries, minimum qualifications and impact on employees prior to the creation of new job classifications or changes in current job classifications. 21.6 Call Back Any employee who is called back to duty shall be paid time and one-half (1½) for the actual time worked. Such employee called back shall be paid a minimum of two (2) hours at the time and one-half (1½) for each call back. Section 22. Employment 22.1 Permanent Positions Permanent positions shall be those positions authorized by the governing board in its annual operating budget and designated to be filled by the Executive Director. Only those employees who have satisfactorily completed their probationary period may be appointed to permanent status. 22.2 Temporary Positions Temporary positions shall be those positions authorized by the governing board for a duration not to exceed six (6) months. Employees hired for temporary positions shall be considered temporary employees. 22.3 Permanent Part-Time Positions An employee who is assigned to an authorized permanent position and who works less than forty (40) hours per week can be designated as a permanent part-time employee. Such positions shall have an authorized number of hours. Employees filling such positions shall receive benefits in accordance with the formula followed by Contra Costa Housing Authority for its permanent part-time employees. Positions filled by permanent part-time employees shall be 12-4-18 BOS Minutes 933 21 HACCC Local #1/AFSCME MOU 2018-2021 designated as X/40 positions, with X being the number of hours worked per week. Section 23. Benefits 23.1 The Employer will offer the following benefits: 1) Medical Plan 2) Dental Plan 3) Life and Accidental Death & Dismemberment Plan 4) Long Term Disability Plan 5) I.R.C. 125 Plan (Flexible Spending Plan) 6) Vision Reimbursement Plan 7) Retirement 23.2 Effective Date of Benefit Plans Participation Generally, commencing with the first day of the following month after the date of initial employment, employees hired for permanent positions may become participating members in those plans outlined in the Benefits provisions of this Memorandum of Understanding. 23.3 Medical Plan Contribution Rates The Authority shall contribute the following maximum amounts per month for the purpose of providing medical benefits. If the maximum amount is not sufficient to provide such benefits, any excess amount necessary shall be paid for by the employee through payroll deduction. Employer Maximum Contribution for Medical Employee Only $345.00 Employee +1 $679.00 Employee +2 $980.00 Effective January 1, 2019, the Authority shall contribute the following maximum amounts per month for the purpose of providing medical benefits. If the maximum amount is not sufficient to provide such benefits, any excess amount necessary shall be paid for by the employee through payroll deduction. Employer Maximum Contribution for Medical Employee Only $462.00 Employee +1 $924.00 Employee +2 $1,205.00 23.4 Dental Plan Contribution Rates The Authority shall contribute the following maximum amounts per month for the purpose of providing the dental benefits. If the maximum amount is not sufficient to provide such benefits, any excess amount necessary shall be paid for by the employee through payroll deduction. Employer Maximum Contribution for Dental 12-4-18 BOS Minutes 934 22 HACCC Local #1/AFSCME MOU 2018-2021 Employee Only $63.72 Employee +1 $110.81 Employee +2 $186.36 23.5 Life and Accidental Death & Dismemberment Plan Permanent and Permanent Part-Time employees who regularly work thirty (30) hours or more per week shall be eligible for Life Insurance in the amount of Fifteen Thousand Dollars ($15,000.00). Life and AD&D insurance shall be in accordance with the provisions of the Personnel Policy and Procedures. 23.6 Long Term Disability Plan Permanent and Permanent Part-Time employees who regularly work thirty (30) hours or more per week shall be eligible for Long Term Disability and shall be in accordance with the provisions of the Personnel Policy and Procedures. 23.7 I.R.C. 125 Plan (Flexible Spending Plan) The Employer shall provide an I.R.C. 125 Plan for Dependent Care and Health Care Spending. This Plan allows employees to elect to deduct child care costs and unreimbursed medical costs from their pay on a pre-tax basis in accordance with the plan provisions and applicable law. 23.8 Vision Reimbursement Plan The Housing Authority will provide an employee reimbursement up to Three Hundred Fifty Dollars ($350.00) every two fiscal years (between April 1 st through March 31st) for the purchase of prescription eye wear and/or frames for employees and dependents. Expenses for reimbursement must have been incurred within the two fiscal year period. 23.9 Retirement 1) Employees who became members of the Contra Costa County Employees’ Retirement Association (CCCERA) on or before December 31, 2012, are included in Tier I, enhanced benefit of 2% at 55. 2) For employees who become members of CCCERA after December 31, 2012, retirement benefits are governed by the California Public Employees’ Pension Reform Act of 2013 (PEPRA), (Chapters 296, 297, Statutes of 2012). To the extent PEPRA conflicts with any provision of this MOU, PEPRA will govern. 23.10 Change in Plans The right to change medical and/or dental plan contents and providers during the term of the Agreement in an effort to provide comparable benefits at reduced costs shall be by agreement of both parties. 12-4-18 BOS Minutes 935 23 HACCC Local #1/AFSCME MOU 2018-2021 23.11 Group Health Insurance Eligibility on Leave of Absence (For other than FMLA/CFRA/PDL) Employees on an Authorized Leave of Absence and in paid status, except those on FMLA/CFRA/PDL, may maintain their health plan coverage and receive the Authority contribution towards the medical and/or dental plan premium. Once the employee is on an unpaid status, he/she will be responsible for the full monthly premium of his/her medical and/or dental coverage with no Authority contribution and must submit premium payments directly to the Authority in order to maintain group coverage. Section 24. Overtime 24.1 Overtime Defined Each hour worked in excess of eight (8) hours in a day or forty (40) hours in a week shall be paid at one and one-half (1½) times the employee's regular rate. Hours paid for but not worked shall not be considered in the computation as time worked for the purpose of computing overtime. Overtime relating to 9/80 work schedule is defined in Exhibit B of this Memorandum of Understanding. 24.2 Distribution of Overtime The Authority agrees to distribute overtime hours equally whenever practical among employees in their respective classifications and departments on a seniority basis. After the first overtime assignment has been made, additional work will be offered in rotational list order. Notice for scheduled overtime will be given as soon as possible. An employee on light duty may be deemed ineligible to work overtime due to work restrictions. 24.3 Compensatory Time Off The following provisions shall apply: 1) Employees may elect to accrue compensatory time off (CTO) in lieu of overtime pay. Eligible employees must notify their Department Head or his/her designee of their intention to accrue CTO or to receive overtime pay. 2) (CTO) may be accrued at the overtime rate for actual authorized overtime hours worked by the employee. 3) Employees may not accrue a (CTO) balance that exceeds eighty (80) hours. Once the maximum balance has been attained, authorized overtime hours will be paid at the overtime rate. If the employee's balance falls below eighty (80) hours the employee may again accrue (CTO) for authorized overtime hours worked until the employee's balance again reaches eighty (80) hours. 4) Accrued (CTO) shall be carried over for use in the next fiscal year; however, as provided in 3 above, accrued (CTO) balances may not 12-4-18 BOS Minutes 936 24 HACCC Local #1/AFSCME MOU 2018-2021 exceed eighty (80) hours. 5) Employees may not use more than eighty (80) hours of (CTO) off in any fiscal year period (April 1 - March 31). 6) The use of accrued (CTO) shall be by mutual agreement between the Department Head or his/her designee and the employee. (CTO) shall not be taken when the employee will be replaced by another employee who would be eligible to receive overtime payment. This provision may be waived at the discretion of the Department Head or his/her designee. 7) Since employees accrue (CTO) at the rate of one and one-half (1½) hours for each hour of authorized overtime worked, accrued (CTO) balances will be paid off accordingly whenever: a. The employee changes status and is no longer eligible for compensatory time off b. The employee separates from Housing Authority service c. The employee retires Section 25. Grievance Procedure 25.1 It is the intent of the parties to this Memorandum of Understanding to anticipate and diminish causes of grievances and to settle any which arise, informally at the lowest practicable level of supervision and as fairly and promptly as possible. Therefore, it is agreed that there should be time limits between the initiation of a grievance and its occurrence, between steps of the grievance procedure and the time in which each answer must be given. Any grievance not initiated, or pursued by Local #1, the aggrieved employee, or the Employer, as the case may be, within these time limits, will be considered settled on the basis of the last timely demand or answer by the Employer as the case may be, unless the time is extended by agreement of both parties. At each step of the grievance procedure, the Employer shall make available any record relied upon to sustain the action which gave rise to the grievance. 25.2 Definition - Grievance A grievance is any dispute between (a) the parties, or (b) the Employer and an employee or employees with respect to the meaning, interpretation, application or enforcement of this Memorandum of Understanding or any terms or provisions thereof and the application of the Personnel Policy. 25.3 General 1) Initial Presentation The initial (or lowest level) presentation of a grievance shall be to the immediate supervisor of the employee claiming to have a grievance, and it may be made either orally or in writing. If made in writing, this written grievance shall comply with paragraph (2)'s requirement for a formally presented grievance. 12-4-18 BOS Minutes 937 25 HACCC Local #1/AFSCME MOU 2018-2021 2) Formal Presentation The formal presentation of a grievance shall be written and shall state the circumstances over which the grievant claims to be aggrieved, how the meaning, interpretation, application or enforcement of this Memorandum of Understanding is affecting him/her to his/her detriment, and the redress he/she seeks. 3) Time Limit Grievances must be filed within thirty (30) days of the incident or occurrence about which the employee claims to have a grievance. 4) Filing at Above First Step Grievances may be filed at Step 2 or Step 3, provided both parties agree that filing above Step 1 is appropriate. 25.4 Procedure Step 1 The grievance shall be presented to the immediate supervisor in accordance with the Causes paragraph of this Section. The immediate supervisor shall have seven (7) working days to respond. This response shall be reduced to writing. Step 2 If the grievance is not settled at Step 1, the grievant shall present his/her grievance to his/her Department Head. The grievant shall have ten (10) working days from the time he/she receives the immediate supervisor's response to grieve to Step 2. The Department Head shall respond in writing within ten (10) working days after hearing the grievance. Step 3 If the grievance is not settled at Step 2 above, it shall be presented to the Executive Director or his/her designated representative within ten (10) working days following delivery of the Department Head's response. The grievance shall be presented along with all pertinent written material to date and testimony from witnesses where required. If the grieving employee or group of employees wishes Local #1 representation in the presentation of the case before the Executive Director, or his/her designated representative, such representation shall consist of not more than two (2) representatives of Local #1. The Executive Director shall reply to the grievance in writing to Local #1's office within ten (10) working days of the date of presentation of the written grievance. Step 4 A grievance which is not settled by the Executive Director may be appealed in writing to an Adjustment Board. The written notice of appeal must be filed with the Executive Director within ten (10) working days of the receipt of his/her written reply. 12-4-18 BOS Minutes 938 26 HACCC Local #1/AFSCME MOU 2018-2021 The Adjustment Board shall be comprised of three (3) Union representatives, no more than two (2) of whom shall be either an employee of the Authority or an elected or appointed official of the Union presenting the grievance, and three (3) representatives of the Authority, no more than (2) of whom shall be either an employee of the Authority or a member of the staff of an organization employed to represent the Authority in labor relations. The Adjustment Board shall meet and render a decision within twenty (20) work days of receipt of the written request. If the Authority fails to meet the timelines specified in Step 4 and the Union demands in writing that an Adjustment Board be convened, the Authority will convene an Adjustment Board within ten (10) work days of receipt of request or the grievance will move to arbitration upon demand. Step 5 A grievance which is not settled by majority decision of the Adjustment Board may be appealed in writing for final determination to an arbitrator. The written notice of appeal must be filed with the Executive Director within ten (10) working days of receipt of the written decision of the Adjustment Board. a. Arbitration Selection Within ten (10) working days after receipt of the notice of appeal, the Executive Director and the grievant(s) shall proceed with the Executive Director and Local #1 trying to select a mutually acceptable arbitrator who agrees to serve. If the parties cannot agree, a list of five (5) arbitrators will be requested from the California State Mediation and Conciliation Service, American Arbitration Association, or some other source mutually agreed upon, and each party (beginning by lot) shall alternately strike one name from the list until one name remains, who shall be the arbitrator if he/she agrees to serve. If he/she will not serve, the process shall be repeated until an arbitrator is found. Notwithstanding the above an arbitrator shall be selected withi n thirty (30) days. b. Evidence Neither party shall be permitted to assert in the arbitration proceedings any fact or report or written stipulation or any evidence which has not been submitted to the other party during the prior levels of the grievance procedure. Should new evidence become available, the procedure shall revert back to Step 4. c. The Arbitration The arbitrator shall promptly hold a hearing and shall issue his/her decision not later than thirty (30) days from the date of the close of hearing, or, if the oral hearings have been waived, from the date the first written statements and arguments are submitted to him/her by the parties. His/her decision shall be in writing and shall set 12-4-18 BOS Minutes 939 27 HACCC Local #1/AFSCME MOU 2018-2021 forth the findings of fact, reasoning and conclusions on the issues. It shall be submitted to the Executive Director and to the grievant and shall be final and binding on the parties. 6) Costs The costs and/or fees of the arbitration and the arbitrator (including any per diem expenses, travel and subsistence expenses), the cost of any hearing room and the cost of preparing the transcript of the hearing, if any, for the arbitrator shall be borne equally by both parties. All other costs and expenses shall be borne by the party incurring them. 25.5 Arbitration Decision Copies of the decision will be furnished to both parties. The arbitrator shall have no authority to add to, delete from, or alter any provisions of this Memorandum of Understanding, but shall limit his/her decision to the scope, application and interpretation of the provisions of this Memorandum of Understanding and shall make no decisions in violation of existing law. In case of a grievance involving any money claim against the Employer, no award shall be made by the arbitrator which shall allow any alleged accruals prior to the date when such grievance shall have been presented to the Employer in writing, except in cases whereby the employee or Local #1, due to lack of knowledge, could not know prior to that date that there were grounds for a claim. In such cases, retroactive claims shall be limited to a period of sixty (60) calendar days prior to the date the claim was first filed in writing. 25.6 Time Limits Grievances not appealed to the next higher step within the time limits as set forth in the above procedure shall be considered settled on the basis of the last answer and no further appeal may be made. The above time limits may be extended by mutual written agreement. Section 26. Disciplinary Actions 26.1 General Provisions A permanent employee may be suspended, demoted or dismissed by the Executive Director for cause. 26.2 Disciplinary actions used by the Employer are as follows: 1) Verbal reprimand 2) Written reprimand 3) Suspension, which shall mean disciplinary leave from work without pay or, in the alternative, a temporary reduction in pay of not more than five percent (5%) for a period of time not to exceed three months. 4) Demotion 5) Dismissal 12-4-18 BOS Minutes 940 28 HACCC Local #1/AFSCME MOU 2018-2021 The extent of the disciplinary action taken shall be commensurate with the offense provided that the prior employment history of the employee may also be considered pertinent. While it shall be the Employer's policy to use progressive discipline, discipline may be imposed based on the severity of the offense not withstanding progressive discipline. 26.3 Causes The causes which shall be deemed sufficient for suspension, demotion, or dismissal of permanent employees shall include but are not limited to the following: 1) Unauthorized Absence without leave 2) Disorderly or immoral conduct 3) Incompetency or inefficiency 4) Insubordination 5) Use of alcoholic beverages or narcotics, or being under the influence of either or both while on duty 6) Neglect of duty 7) Negligent or willful damage to the Employer's property, or waste of the Employer's supplies or equipment 8) Willful violation of a reasonable regulation or order given by a supervisor or department head regarding duties, conduct, or performance of the employee 9) Dishonesty or theft 10) Violation of Housing Authority policy 11) Excessive tardiness 12) Falsification of forms, records or reports including time cards or employment records 26.4 Notice of Intent The Executive Director or designee shall give written notice (Skelly Notice) of his/her intent to take disciplinary action against any involved employee. Verbal and written reprimands are not subject to this procedure. Such notice must be served on the employee in person or by certified or registered mail prior to the disciplinary action becoming effective. The Skelly notice must be served within thirty (30) days after the occurrence or first knowledge of the action upon which the disciplinary action is based and shall include: 1) Statement of the nature of the disciplinary actions 2) Effective date of the action to be taken 3) Statement of the cause thereof 4) Statement in ordinary language of the specific act or the omissions upon which the cause is based 5) Statement that employee is entitled to review all written materials upon which the Authority based the decision 6) Statement advising the employee of his/her right to appeal from such action and the right to representation 12-4-18 BOS Minutes 941 29 HACCC Local #1/AFSCME MOU 2018-2021 26.5 Skelly Hearing After the Skelly notice has been issued, and prior to the disciplinary action being initiated, upon the request of the employee, the Executive Director shall conduct a Skelly hearing. At this hearing, the employee and his/her representative shall be afforded the opportunity to respond to the charges, either orally or in writing. The Executive Director may reduce or modify the intended action as a result of the Skelly hearing. 26.6 Skelly Decision Appeal Subsequent to the notice of action by the Executive Director, the employee may appeal the disciplinary order in accordance with the Grievance Procedure in this Memorandum of Understanding. The appeal of the Executive Director's decision shall begin at Step 4 of the Grievance Procedure. Section 27. Posting and Filling Vacant Positions 27.1 Posting of all Vacant Positions A Permanent position vacancy is defined as an opening in a permanent position which occurs as a result of a promotion, demotion, transfer, termination or resignation of the incumbent, or which is a newly budgeted and approved position for which there is no incumbent. Posting of all vacant positions shall be for a minimum of seven (7) work days at all work locations and shall be concurrently posted internally and externally. A copy of the posting shall be provided to the Union at the time the vacancy is posted. The posting shall state:  The worksite of the vacancy  The number of hours and days of work  The job classification and salary range  Minimum qualifications  Closing date of posting  Type of selection process During the posting period, the vacancy shall not be permanently filled. Any employee going on leave during the period of posting can request a copy of the notice by providing the Employer with a means of notifying the employee of the vacancy. 1) The position(s) shall be posted and all employees who meet the minimum qualifications will be encouraged to apply for either transfer or promotional opportunities. 2) Employees must apply in writing for the position, and shall clearly indicate on their application whether they wish to transfer to the newly vacated position or be considered for a promotional opportunity. 12-4-18 BOS Minutes 942 30 HACCC Local #1/AFSCME MOU 2018-2021 3) The Housing Authority will consider employees who meet the minimum qualifications for the position in the following order: a. Transfer requests b. Promotional opportunities c. Voluntary demotions 4) An employee is not eligible for a promotion if he/she already was promoted once within the last twelve (12) months. An employee is not eligible for transfer if he/she has received an unsatisfactory performance evaluation during the most recent evaluation period. An employee is not eligible for transfer or promotion if he/she was demoted from a position in the past twelve (12) months or if he/she is currently subject to discipline for performance. Upon receipt of all transfer bids, Human Resources will review and determine if the internal candidate(s) meet requirements one (1) through four (4) listed above. Qualified internal candidate(s) will be invited to interview for the transfer. Internal candidate(s) selected for transfer will be placed in vacant position(s); all other candidate(s) shall be considered for any remaining positions. 27.2 Filling a Vacant Position The department having the vacancy shall first consider the most qualified applicant in order of ranking after the testing and evaluation process. 27.3 Voluntary Transfers for Permanent Positions Prior to filling a vacant permanent position, the Employer shall grant a transfer request if an employee wishes to transfer from his/her current work site to the vacancy, provided the vacancy is within the same classification. Voluntary transfers shall be granted in accordance with the following procedures: 1) Any employee desiring a transfer shall submit a written bid request by the close of the seven (7) day posting period. The bid request shall list all desired transfer locations in order of preference. Any employee on leave may submit a written bid request and employees about to take leave may submit a written bid request to the Human Resources Department for positions that may become available while the employee is on leave. The most senior eligible employee requesting the transfer shall receive the transfer. 2) Newly hired employees shall be eligible to submit a bid request for a transfer immediately upon completion of the probationary period. 3) Employees who promote into a new classification shall be eligible to submit a bid request for transfer in their new classification immediately upon completion of the probationary period. 12-4-18 BOS Minutes 943 31 HACCC Local #1/AFSCME MOU 2018-2021 27.3 Seniority Used in Filling Position Where merit and qualifications are equal, preference in hiring permanent and permanent part-time promotional positions shall be given to the employee with the greater amount of seniority with the Employer. In the event of a dispute regarding the filling of a promotional position, the Local One Representative shall have the right to review the qualification ranking sheet summary. 27.4 External Applicants Only after all of the provisions mentioned above have been met, may the Employer recruit individuals who are not current employees for the position. 27.5 Involuntary Transfer Authority management, at its sole discretion, may determine from time to time that transfers of staff are required. Transfers are the transfer of permanent employees in their existing classifications to a new worksite or work schedule. Such decisions may result from inability to fill a vacancy through the transfer procedure or from a determination that excess staff are allocated to a certain site or work schedule. A transfer may also result from an employee returning to work following an occupational injury or illness and such employee has been determined to be permanent and stationary pursuant to an ADA accommodation. This policy shall not apply to temporary transfers of less than eight (8) weeks duration to cover such things as vacation relief, sick leave/workers’ compensation absence, workload adjustments, or special work assignments as may be required by the Authority, or temporary short-term assignments to cover vacant positions which could not be filled through the voluntary transfer policy . Employees who are subject to temporary (less than eight (8) weeks transfer shall be eligible for mileage reimbursement for their personal vehicle f or any additional commute miles caused by the transfer. If a temporary transfer is expected to exceed eight (8) weeks in duration, the Housing Authority shall either use the below listed procedure or will meet and confer with the Union on a case by case basis regarding an alternative approach: 1) Management will identify the classifications and positions/work locations from which transfers are necessary. 2) Affected employees will be provided with a list of the vacancies for which they may apply. Volunteers will be considered first in accordance with Voluntary Transfer Procedures. 3) If there are insufficient or no volunteers for each assignment and involuntary transfers are still required, the least senior qualified affected employee shall be transferred to the vacant assignment identified by management followed by the next least senior employee, in inverse order of seniority until all necessary transfers are completed. Qualified is defined as a person possessing the necessary training or experience for their specific assignment. 4) Seniority for transfer purposes shall be defined as seniority within classification. Nothing contained in this section shall prohibit the Authority 12-4-18 BOS Minutes 944 32 HACCC Local #1/AFSCME MOU 2018-2021 and the Union from making a mutually agreed upon alternative arrangement. Involuntary transfers may not be used for disciplinary purposes. 27.6 Involuntary Transfer for Performance Monitoring Transfers may not be used for disciplinary purposes. The Authority may temporarily transfer an employee who has received an unsatisfactory performance evaluation and/or for whom a Performance Improvement Plan (PIP) has been implemented if the employee does not have direct supervision at the employee’s worksite. The temporary transfer shall be to another location where the employee will have direct supervision until the employee meets performance requirements. No other employee shall be adversely affected by the transfer. The Authority may involuntarily transfer an employee who is the subject of a complaint of unlawful harassment or discrimination of an employee(s) if there is some basis-in-fact support the complaint. No other employee shall be adversely affected by the transfer. Any such transfer shall not be considered disciplinary. 27.7 Office Closures and Reorganization Involuntary transfers that result from a decision of the Authority to reorganize or to close an office shall be in accordance with the procedures outlined in the Involuntary Transfer Procedure with the exception that mileage will not be paid. Section 28. Working Out of Classification 28.1 Temporary Assignment 1) The Executive Director may assign employees to work in a different classification on a temporary basis. When an employee is assigned work in a higher classification he/she shall receive the salary for that classification for the duration of the assignment. When an employee is assigned work in a lower classification, he/she shall be paid at his/her present salary for the duration of the assignment. 2) Assignments for ten (10) working days or less may be made by the Executive Director or his/her designee. If an assignment is to be for a period of more than ten (10) days, volunteers shall be solicited from the Unit. If there is more than one volunteer, the most senior qualified employee shall receive the temporary assignment. The employee must meet the minimum qualifications for the position to which he/she is to be assigned. Temporary assignments shall not be made for more than six (6) months. The Employer shall not make a series of assignments of less than ten (10) working days to circumvent the intent of this Section. Section 29. Personnel Files 29.1 Access to Personnel Files Materials in personnel files of employees which may serve as a basis for affecting the status of their employment are to be made available for the 12-4-18 BOS Minutes 945 33 HACCC Local #1/AFSCME MOU 2018-2021 inspection of the employee involved. 1) Every employee shall have the right to inspect, examine, and obtain copies of any materials in his/her employee personnel file by request to the Executive Director or his/her designated representative. 2) Copies of all materials placed in the personnel file shall be provided to the employee. 3) An employee shall have the right to enter his/her comments to any and all materials in his/her personnel file. 29.2 Maintenance of Files The personnel file of each employee shall be maintained at the Housing Authority's central administration office. No adverse action shall be based upon materials which are contained in the personnel file unless the materials had been previously provided to the employee. 29.3 Examination of Files An employee shall have the right to any reasonable time to examine and/or obtain copies of any material from the employee's personnel file. 1) Such review shall take place during normal business hours, and the employee shall upon approval of his/her supervisor, be released from duty for a reasonable time for this purpose without salary deduction. 2) With specific written authorization from the employee, authorized representatives shall also have the right, at any reasonable interval during the regular business hours of the Housing Authority, to examine and/or obtain copies of any material from the employee's personnel file. 29.4 Confidentiality All personnel files shall be kept in confidence and shall be available for inspection only to other employees designated by the Executive Director when actually necessary in the proper administration of the Housing Authority's affairs or the supervision of the employee. 29.5 Discipline and Investigatory Documents All discipline and investigatory documents placed in an employee's file shall be signed and dated by the preparer. The employee shall be notified prior to the material being placed in the file, and shall be given the opportunity to initial and date same. Refusal to do so shall be noted on the copy placed in the file. Employee evaluations shall remain in the employee’s file. Section 30. Miscellaneous Pay Provisions 30.1 Bilingual Pay A salary differential of One Hundred Dollars ($100.00) per month shall be paid employees utilizing bilingual proficiency as designated by the Executive Director or his/her designee. Said differential shall be prorated for employees working less than full-time and/or who are on an unpaid leave of absence. Designation of positions for which bilingual proficiency is required is the sole prerogative of the 12-4-18 BOS Minutes 946 34 HACCC Local #1/AFSCME MOU 2018-2021 Employer. The procedure for determining competency and qualifications for bilingual pay shall be determined by the employer. 30.2 Mileage Reimbursement The mileage allowance for use of personal vehicles on Authority business shall be paid according to the rates allowed by the Internal Revenue Service and shall be adjusted to reflect changes in this rate on the date it becomes effective or the first of the month following announcement of the changed rate by the Internal Revenue Service, whichever is later. 30.3 Training and Tuition Reimbursement Guidelines for reimbursement of training, tuition and book expenses for employees furthering their professional education or career development are provided in the Authority’s Policy and Procedures Manual. 30.5 On-Call Pay Maintenance “B” and Lead employees covered by this Agreement, who have successfully completed probation, may be assigned On-Call duties. Employees so assigned, shall be required to carry a beeper and/or cellular phone and respond within the specified time. Employees assigned On-Call duties shall be permitted to take home an Authority vehicle or be paid mileage for the use of the employee’s personal vehicle while responding to calls . Employees assigned On-Call duties shall be paid one (1) hour of pay for each weekday and three (3) hours of pay for Saturday, Sunday, 9/80 Friday off and holidays. While responding to calls, employees shall be paid pursuant to Callback and applicable overtime provisions of this Agreement. Specific procedures are contained in the Maintenance Division’s On-Call Procedures Side Letter (Exhibit D) attached to this Memorandum of Understanding and incorporated herein. 30.6 Longevity Pay Employees who have ten (10) or more years of Authority service shall be paid an additional two and one-half percent (2.5%) longevity pay. Section 31. Performance Evaluation 31.1 Goal The basic goal of the employee evaluation process is to help each employee perform his/her present job more effectively to the mutual benefit of the individual and the Employer. 31.2 Objectives 1) To provide a means of evaluating each employee's performance in the specific context of his/her job 2) To determine individual needs for improvement and development 3) To secure continuing communication of individual development 4) To provide a basis for giving recognition for praiseworthy service 12-4-18 BOS Minutes 947 35 HACCC Local #1/AFSCME MOU 2018-2021 31.3 Procedure 1) The immediate supervisor has the major responsibility for the evaluation of employees under his/her supervision. 2) Initial hire probationary employees shall be evaluated in accordance with the Probationary Employee Evaluation provisions of this MOU. 3) Promotional probationary employees shall be formally evaluated at three (3) months and at six (6) months. 4) Permanent employees shall be evaluated once annually. 5) Evaluation forms shall be maintained in the employee's personnel file in the Central Administration office and are available for the employee's inspection. A copy of the completed forms shall be given to the employee. 6) Employees will have an opportunity to discuss evaluations with the evaluator prior to the placement of the evaluation in the employee's personnel file. Ratings reflecting below average performance shall include specific recommendations for improvement and such ratings shall be supported by appropriate prior documentation. The employee shall have the right to respond in writing to an evaluation and such response shall be attached to the evaluation and included in the personnel file. Section 32. Voluntary Demotions 32.1 Definition A voluntary demotion shall occur when an employee voluntarily vacates his/her current class and fills a vacant position in a lower paying class for which that employee meets the qualifications. 32.2 Reasons for Voluntary Demotions An employee may take a voluntary demotion when a vacancy exists in a lower classification and the employee desires to demote. 32.3 Procedure for Voluntary Demotions The procedure in the Posting and Filling Vacancies Section of this MOU shall be followed. Employees seeking a voluntary demotion under these circumstances shall be considered after employees eligible for a transfer and after employees eligible for promotion as provided for in the Posting and Filling Vacancies Section of this MOU. Employees seeking a voluntary demotion in accordance with the above procedure shall be placed in the lower classification at the same step level as he/she occupied in the higher class. 12-4-18 BOS Minutes 948 36 HACCC Local #1/AFSCME MOU 2018-2021 Section 33. Clothing 33.1 Maintenance Employees Employees assigned to the Maintenance Classification shall wear long pants, Authority-provided shirts and appropriate foot gear while working. 1) Shirts The Authority shall provide Maintenance Unit employees with eight (8) shirts with Authority identification each year between September and November. The shirts will be one color and worn at all times while on duty. The employee may choose any combination of the following, not to exceed eight (8): Long sleeve shirt Short sleeve shirt “T” shirt (of good quality cotton) Upon Union ratification and Board of Commissioners’ approval of this MOU, the Authority shall provide employees in the Housing Program Specialist, Senior Property Assistant, and Senior Housing Assistant classification two (2) shirts with Authority identification each year between September and November. The employee may choose any combination of the following, not to exceed two (2): Long sleeve shirt Short sleeve shirt “T” shirt (of good quality cotton) 2) Coveralls/overalls/work pants The Authority will provide a combination of two (2) pairs of regular coveralls/overalls/work pants to maintenance employees each year between September and November. In addition, the Employer will supply disposable coveralls as needed. Upon Union ratification and Board of Commissioners’ approval of this MOU, the Authority will provide a combination of three (3) pairs of regular coveralls/overalls/work pants to maintenance employees each year between September and November. 3) Jacket The Authority will provide and replace as needed, a jacket with Authority identification, to be worn by employees during cold weather. 4) Boot Allowance Effective September 1, 2018, the Authority will reimburse Maintenance Unit employees up to Four Hundred Dollars ($400) every two (2) years between September and November for the purchase of Authority approved safety footwear. This amount shall remain in effect for the term of this MOU. 12-4-18 BOS Minutes 949 37 HACCC Local #1/AFSCME MOU 2018-2021 Upon Union ratification and Board of Commissioners’ approval of this MOU, the Authority will reimburse Housing Program Specialist, Senior Property Assistant, and Senior Housing Assistant classification employees up to Two Hundred Dollars ($200) every two (2) years between September and November for the purchase of Authority approved safety footwear. This amount shall remain in effect for the term of this MOU. The Authority shall provide a vendor for the purchase of safety boots. The Authority agrees to coordinate the purchase of safety boots for new hires. Safety footwear must be worn while on duty and must conform to Authority safety standards. Safety footwear shall be leather, hard soled, non-slip with heels and have steel or other approved safety toe and ankle protection. 5) Protective Clothing Gloves, rain suites, coveralls and rubber boots shall be furnished by the Authority where it is deemed necessary by the Authority for protection of the employee or his/her clothing. 33.2 Non-Maintenance Employees Employees working in non-maintenance classifications shall wear attire appropriate for an office environment or suitable for field assignments. Section 34. Catastrophic Leave 34.1 Eligibility Permanent employees may be eligible to receive donations of paid leave other than sick leave, to be included in the recipient employee's sick leave balance if the employee or immediate family member has suffered a catastrophic illness or injury resulting in the employee’s inability to work. 34.2 Procedure 1) Recipient Employee The recipient employee, recipient employee's family or other person designated in writing by the recipient employee shall submit a request in writing to the Executive Director or designee. The recipient employee shall not be eligible so long as she/he has paid leaves available, however, the request may be initiated prior to the anticipated date leave balance being exhausted. A medical verification shall be provided by the recipient employee. A recipient employee is eligible to receive four hundred eighty (480) hours of donated time per incident. 2) Donations Donations shall be made in hourly increments, and are irrevocable. The 12-4-18 BOS Minutes 950 38 HACCC Local #1/AFSCME MOU 2018-2021 donor employee may donate vacation up to any amount so long as the donor employee retains at least eighty (80) hours of vacation. Sick leave may not be donated. Ti me donated will be converted from the type of time donated to sick leave and credited to the recipient employee's sick leave balance on an hour-for- hour basis and shall be paid at the rate of pay of the recipient employee. All sick leave provisions will apply. Time donated in any pay period may be used in the following pay periods. No retroactive donations will be permitted. The determination of the employee's eligibility for Catastrophic Sick Leave donation shall be at the Executive Director's sole discretion and shall be final and non-grievable. Section 35. Miscellaneous Provisions 35.1 Personnel Policies Where a specific provision contained in a section of this Memorandum of Understanding conflicts with a specific provision contained in a section of the Personnel Policies, the provision of this Memorandum of Understanding shall prevail. Those provisions of the Personnel Policies which are not within the scope of representation shall be considered in full force and effect. Those provisions of the Personnel Policies within the scope of representation shall not be changed, amended or otherwise invalidated without a prior meeting with Local #1. 35.2 Temporary Employees It is understood that the Authority may utilize temporary employees to provide back-up for vacancies in regular bargaining unit positions during the job recruitment and employee selection process, when regular employees are on leave or for certain peak workload periods. The Authority agrees to monitor the usage in an effort to reduce any unnecessary or prolonged assignment of temporary employees to perform bargaining unit work. Upon request of the Union, the Authority will meet to review the numbers and assignments of temporary employees. 35.3 Modified Work/Limited Duty Program The light Modified Work/Limited Duty Program is attached to this MOU as Exhibit C and is incorporated herein by reference. 35.4 Rest Rooms The Authority will provide sufficient sanitary rest room facilities for employees. Employees will be expected and required to cooperate in maintaining sanitary facilities for their use. 12-4-18 BOS Minutes 951 39 HACCC Local #1/AFSCME MOU 2018-2021 35.5 Constructive Resignation Any employee, who is absent without leave for five (5) consecutive workdays, will be considered to have constructively resigned, provided that the Employer shall send a Registered/Certified Notice of Resignation to the Employee’s last known address. The effective date of the constructive resignation shall be five (5) consecutive workdays after the date the notice was mailed. 35.6 Driver’s License Requirement. While actively employed by the Authority, employees required to drive Authority vehicles as part of their job shall maintain: 1) A current valid California driver's license; and 2) A driving record acceptable to the Authority's auto insurance carrier and which will not cause the Authority to be required to pay excessive insurance premiums. If an employee does not have a valid driver’s license, and cannot perform the functions of his/her job, the Authority will follow the employer’s Vehicle Policy. 35.7 Health Examination The Housing Authority may require an employee to undergo a medical examination if the Authority has a reasonable belief that the employee's physical or mental condition may prevent the employee from safely and productively performing his/her job. A health examination shall be conducted by a licensed physician, qualified in industrial medicine. The cost for medical examination shall be paid by the Authority. 35. 8 Joint Labor Management Committees The parties agree to schedule regular meetings to discuss issues of mutual concern. Union representatives shall be allowed release time to attend such meetings. The parties shall schedule separate meetings for the Clerical and Maintenance units for the purpose of addressing issues specific to each unit. The parties agree that these meetings do not constitute meet and confer , or collective bargaining, nor shall they address issues that fall under the MOU grievance process. To the extent possible, during each meeting, the Committee shall set the agenda for the next meeting and any agenda additions shall be relayed to the Committee members as soon as possible prior to the next meeting. Minutes of each Joint Labor Management Committee meeting will be distributed to the Clerical and/or Maintenance unit employees, respectively. Recommendations from the Committee will be forwarded to the Executive Director for review and final decision. 12-4-18 BOS Minutes 952 40 HACCC Local #1/AFSCME MOU 2018-2021 Section 36. Scope of Agreement Except as otherwise specifically provided herein, this Memorandum of Understanding fully and completely incorporates the understanding of the parties hereto and constitutes the sole and entire agreement between the parties in any and all matters subject to meet and confer. Neither party shall, during the term of this Memorandum of Understanding demand any change herein, provided that nothing herein shall prohibit the parties from changing the terms of this Memorandum of Understanding by mutual agreement. Section 37. Saving Clause 37.1 Should any part hereof or any provisions herein contained be rendered or declared invalid by reason of any existing or subsequently enacted legislation or by a decree of a court of competent jurisdiction, such invalidation of such part or portion of this Agreement shall not invalidate any remaining portions which shall continue in full force and effect. Local #1 and the Employer shall, within thirty (30) days, meet and confer regarding the affected portion of this Memorandum of Understanding. Any modification or changes in the Memorandum of Understanding brought about by the above meeting and conferring shall be in writing and signed by the parties hereto. 37.2 Waiver of Performance The waiver of performance of any obligations of the Sections of the Memorandum of Understanding by either party at any time or for any period shall not be construed as a waiver of the right of such parties to insist upon full performance of such obligations thereafter. 12-4-18 BOS Minutes 953 41 HACCC Local #1/AFSCME MOU 2018-2021 Section 38. Term 38.1 Unless otherwise provided for in this Memorandum of Understanding, the term of this Memorandum shall become effective on July 1, 2018 and terminate on June 30, 2021. 38.2 Written notice of desire to negotiate amendments as an extension of this Memorandum of Understanding or any new Memorandum of Understanding must be given by either party at least sixty (60) days prior to the expiration date. Negotiations, therefore, shall commence no less than thirty (30) days prior to the expiration of said Memorandum of Understanding. If a notice is given, as specified above, and complete agreement upon modifications or amendments to this memorandum of Understanding has not been reached by the expiration date, it may be temporarily extended by mutual agreement. Dated this day of , 2018 PUBLIC EMPLOYEES UNION HOUSING AUTHORITY OF THE LOCAL 1/AFSCME COUNTY OF CONTRA COSTA By:_________________________________ By:_________________________________ Kathy Sosa Joseph Villarreal Executive Director By:_________________________________ By:_________________________________ Laurie Kohlweck Charlene Calica Human Resources Officer By:_________________________________ By:_________________________________ Rudy Rubio Elizabeth Campbell Director of Asset Management By:_________________________________ By:_________________________________ Jaime Cisneros Nataline Jindoian Administrative Services Officer By:_________________________________ By:_________________________________ Lorece Crockett Ingrid Layne Interim Director of Assisted Housing Programs By:_________________________________ By:_________________________________ Jeff Apkarian, Local #1/AFSCME Fran Buchanan, IEDA Union Negotiator Authority Negotiator 12-4-18 BOS Minutes 954 - 42 - HACCC Local #1/AFSCME MOU 2018-2021 EXHIBIT A REPRESENTED EMPLOYEES SALARIES 12-4-18 BOS Minutes 955 - 43 - HACCC Local #1/AFSCME MOU 2018-2021 12-4-18 BOS Minutes 956 - 44 - HACCC Local #1/AFSCME MOU 2018-2021 12-4-18 BOS Minutes 957 - 45 - HACCC Local #1/AFSCME MOU 2018-2021 EXHIBIT B 9/80 WORK SCHEDULE PLAN HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA 9/80 WORK SCHEDULE PLAN The following represents the terms and conditions of a 9/80 Work Schedule Plan, as agreed to by the Housing Authority and Local 1. TRANSITION The 9/80 Plan has three optional time shifts: 7:00 a.m. - 4:30 p.m., 7:30 a.m. - 5:00 p.m. or 8:00 a.m. - 5:30 p.m. Authority reserves the right to schedule crews or work units at the same start and end times. Employer will meet and confer with Union prior to changing existing work schedules All offices will be open Monday through Thursday from 8:00 a.m. to 4:30 p.m.during the first week of the 9/80 schedule and will be closed on the Friday of the first week of the schedule. All offices will be open from 8:00 a.m. to 4:30 p.m. Monday through Friday of the second week of the schedule. I. DURATION AND TERMINATION The Housing Authority may, at its sole discretion, terminate the 9/80 Plan after meeting with Local 1 to discuss the reasons for the termination. In the event the 9/80 plan is terminated, HACCC and the Union will meet and confer regarding alternate schedules. Two (2) weeks advance notice of 9/80 plan termination shall be given to the Union and affected employees. II. PLAN PARTICIPATION The 9/80 Plan consists of eight nine-hour days, one eight hour day and one scheduled day off in the 9/80 two week cycle. The scheduled day off will be Friday and the eight (8) hour day will be the other Friday. III. WORKWEEK The 9/80 workweek begins at 12.01 p.m. of the scheduled day off and ends with the completion of the fourth work hour on the seventh day which is scheduled as the eight-hour day in the 9/80 cycle. IV. FEDERAL AND STATE REGULATIONS All applicable federal and state regulations pertaining to work hours shall be followed. V. WORK EXPECTATIONS Employees are urged to schedule doctor, dental and personal appointments on their scheduled day off whenever possible. 12-4-18 BOS Minutes 958 - 46 - HACCC Local #1/AFSCME MOU 2018-2021 Everyone must respect the working time of others. Employees arriving or leaving should avoid distracting the employees who are working. VI. SCHEDULING Adequate daily and weekly coverage in the work site must be maintained and is the responsibility of the appropriate supervisor. It is understood that an individual employee's daily and weekly schedule may be changed due to the requirements of the Department. If an employee requests or is required by the department to work on a different daily or weekly schedule during that work week (only) to attend training, meetings, meet work deadlines, appear in court or for personal reasons, it must be by advance arrangement and with prior approval of the appropriate supervisor. In addition, in the event coverage within a work site becomes temporarily reduced, an employee's schedule may be temporarily changed by the appropriate supervisor. If the work day modification is for more than five (5) business days, other than for vacation coverage, the Supervisor shall notify the Union. The Supervisor will schedule a meeting at the request of either party to discuss the extended schedule change. Vacation requests will be closely reviewed by the appropriate supervisor and approved in accordance with Section 10.5 of the Memorandum of Understanding. VII. HOLIDAYS If a holiday falls on a nine-hour work day, the employee will observe an 8 hour holiday. The employee has the option to use one (1) hour of accrued leave time (excluding sick leave) or leave without pay on the holiday or to work an extra hour in the week the holiday is taken. Should a holiday fall on a scheduled day off, the employee will take the preceding or following work day off. All of Section 9, Holidays, of the Memorandum of Understanding, apply. VIII. SICK LEAVE AND VACATION Participants in the 9/80 plan may not use sick leave on their scheduled day off. Sick leave or vacation time will be charged on an hour-for-hour basis; i.e., if the employee takes leave on a scheduled nine-hour day, he/she shall be charged nine hours of leave time. IX. JURY DUTY AND VOLUNTARY TRAINING Participants will not receive overtime or compensatory time credit for jury duty or voluntary training on their scheduled day off. 12-4-18 BOS Minutes 959 - 47 - HACCC Local #1/AFSCME MOU 2018-2021 X. OVERTIME Overtime shall be defined as authorized time worked which exceeds the employee's normal 9/80 work schedule. Such authorized overtime shall be compensated on the basis set forth in the Memorandum of Understanding. Adjusted hours that occur within a work week are not considered as overtime. XI. BEREAVEMENT LEAVE Employees on the 9/80 plan who utilize bereavement leave shall be entitled to a maximum of forty hours paid bereavement leave. Employees shall be required to supplement bereavement leave pursuant to Section VIII. 12-4-18 BOS Minutes 960 - 48 - HACCC Local #1/AFSCME MOU 2018-2021 EXHIBIT C MODIFIED WORK/LIMITED DUTY PROGRAM HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA MODIFIED WORK/LIMITED DUTY PROGRAM I. POLICY STATEMENT The Housing Authority of the County of Contra Costa (HACCC) supports the intent of the California Workers’ Compensation Laws, which seek to return each employee who has sustained a work-related injury or illness to suitable, gainful employment as soon as possible, while treating each employee with dignity and respect. The HACCC Modified Work/Limited Duty Program is an early return-to-work program for those employees who have sustained an injury or illness. This program will enable employees, whose medical providers have released them to return to work, with temporary restrictions, to return to the job site in a modified capacity, remain productive and earn their full rate of pay for those hours worked. II. PURPOSE The purpose of the program is to return an injured or ill employee to the usual and customary job as soon as possible. This program will allow the injured or ill employee to return to the job site as soon as is medically feasible and to work at needed temporary tasks, during recuperation. The tasks assigned will be selected to accommodate the employee’s medical restriction(s), balancing the medical needs of the employee with the functional needs of the organization, while allowing the employee to earn a normal rate of pay. The HACCC Modified Work/Limited Duty Program is a temporary accommodation of assigned tasks to assist the employee return to work during recuperation. It is not meant to be a permanent accommodation. It is not a job. The HACCC Modified Work/Limited Duty Program is designed to promote and speed recuperation. It is designed to fill the interim time period between the injury and full recuperation. The HACCC will accommodate as many Limited Duty employees as is operationally feasible but may not be able to provide for every and/or all injuries or illnesses. Accommodation of Modified Work/Limited Duty for qualifying employees shall be that the first employee released for "light duty" will be the first provided. III. PARTICIPATION In order to participate in the HACCC Modified Work/Limited Duty Program, the employee must obtain a verification of treatment from the medical provider and present it to their supervisor for immediate forwarding to Human Resources or the Department Head or designee. 12-4-18 BOS Minutes 961 - 49 - HACCC Local #1/AFSCME MOU 2018-2021 The verification of treatment form must: A. be signed by a California-licensed medical provider; B. state that the employee has been released to return-to -work with restrictions; C. specify the work restrictions; D. state the physical capabilities of the employee; E. state the anticipated duration of work-related restrictions; and F. indicate date of the next scheduled visit to the medical provider. With this information, the supervisor will meet within two (2) business days with the appropriate Department Head or designee or Human Resources to determine if the Authority can accommodate the recuperating employee within his/her own department and work site. If not, attempts will be made to locate tasks at the work site closest and which may accommodate the employee’s work restrictions. Final plans shall be documented and sent to Human Resources. Employees who participate in this Modified Work/ Limited Duty Program may be deemed ineligible to participate due to work restrictions or program constraints. IV. LENGTH OF PARTICIPATION An eligible employee may receive temporary accommodation through participation in the HACCC Modified Work/Limited Duty Program for the length of recuperation, as long as: A. The employee is cooperative, continues specified restrictions/treatment, and follows HACCC Modified Work/Limited Duty Program guidelines. B. The employee’s work restrictions can be accommodated by the employee’s facility or other Housing Authority facility. C. Full recuperation is expected and recuperation continues to progress. D. The employee continues to meet the HACCC program participation guidelines. E. The employee successfully meets such employment requirements as attendance and quality of work, etc. The work assigned to the HACCC Modified Work/Limited Duty Program participant will be tasks, which are needed by the facility. V. HACCC MODIFIED WORK/LIMITED DUTY PROGRAM ADMINISTRATION A “Review Committee” consisting of Human Resources (a non-voting member of the Committee), three (3) Public Employees Union Local One representatives and three (3) management representatives will serve as a committee to assist in the implementation and review of the HACCC Modified Work/Limited Duty Program. A. All Housing Authority departments and sites shall participate in the HACCC Modified Work/Limited Duty program. The Program Administrator 12-4-18 BOS Minutes 962 - 50 - HACCC Local #1/AFSCME MOU 2018-2021 is the Human Resources & Training Officer. B. Every reasonable accommodation for an injured employee in his/her existing job will be considered prior to assigning modified work. Such accommodations may include equipment or work station modifications. C. If an employee is not able to perform her/his customary and usual job, the employee will be assigned to temporary modified work within the same unit and classification based upon a physician’s statement concerning her/his ability to work if such a placement is available. The placement shall be as closely aligned to the employee’s current work schedule and location as possible. D. An employee will be assigned limited responsibilities within the same classification and site first. If there are no light duty tasks available at the employee’s usual job site or in the employee’s usual classification, another site, department and job classification in which appropriate limited duty is available may be utilized. E. If limited duty within prescribed medical limitations is offered, but the employee refuses it, the HACCC will be entitled to restrict such leave, continuing pay and disability benefits as permitted by law and by governing terms of employment. Any restriction of sick leave will be subject to mediation by the Review Committee. All such decisions are subject to the worker’s compensation appeals process. F. Payment for limited duty shall be at the pay and benefits of the employee’s regular position. Limited duty work of less than full time shall provide pro- rata pay and benefits based on time worked. G. Participation in the limited duty program may extend up to one year. VI. NON-DISCRIMINATION IN JOB ASSIGNMENTS Modified work tasks will be assigned on an equal basis to all employees without discrimination. The essential factor to consider in developing and assigning tasks is the employee’s ability to perform the tasks assigned within the doctor’s work restrictions. VII. NON-COMPLIANCE Employees on limited duty are expected to comply with the doctor’s work restrictions and the physician’s approved modified work plan. Employees participating in limited duty are subject to the same work expectations regarding performance, attendance, quality of work, etc., as employees who are not participating in a limited duty program. Work expectations will comply with doctors work restrictions. If an employee fails to follow the physician approved modified work plan or meet work expectations, she/he may be subject to the same disciplinary procedures outlined in the MOU as employees who are not participating in the light duty program. VIII. EMPLOYEE-SUPERVISOR INVOLVEMENT / PHYSICIAN APPROVAL 12-4-18 BOS Minutes 963 - 51 - HACCC Local #1/AFSCME MOU 2018-2021 A. The treating physician shall specify the work restrictions on the employee’s release to return to work. The employee and the supervisor will be involved in monitoring the limited duty tasks included in a modified work/limited duty work plan. B. HACCC Modified Work/Limited Duty Program assignments may be changed once an employee has begun a limited duty assignment. These changes are to be consistent with the physician’s report and are designed to address unexpected medical issues which may surface after the initial start of the limited duty assignment. The limited duty assignment shall be monitored by the Human Resources & Training Officer and/or the Department Head. A Department Head with any available light duty jobs shall provide a brief description of those to the Human Resources & Training Officer to use in the event of a request for accommodation. IX. COMPLAINT PROCEDURE A. PURPOSE The purpose of the complaint procedure is to provide a process where problems with the limited duty program can be mediated in a constructive manner. Issues that may include, but not be limited to, a complaint: 1. Failure of a department to provide limited duty when such duty is feasibly available or failure to comply with other provisions of this policy 2. Reassignment or removal from a limited duty assignment based on political or religious or union activities, or race, color, national origin, sex, age, handicap or sexual orientation. Any restriction of sick leave, continuing pay or disability benefits associated with the limited duty program will be referred to the appropriate department head for resolution through discussion with the Business Agent for Local One on behalf of an affected employee. If not resolved at this level, a review committee will be convened to hear the complaint. It will consist of three union representatives including the Business Agent, a Housing Authority represented employee, and another union representative. The Housing Authority will be represented by Human Resources, a supervisorial Housing Authority employee and one other management employee at the Assistant Director level or above. Nothing contained in this section shall prohibit the Authority and the Union from making a mutually agreed upon alternative arrangement. The Housing Authority will be entitled to restrict sick leave, continuing pay, and disability benefits as permitted by law, the MOU, or by other governing 12-4-18 BOS Minutes 964 - 52 - HACCC Local #1/AFSCME MOU 2018-2021 terms of employment. B. PROCEDURE: 1. The complaint must be in writing and filed with the Human Resources & Training Officer and a copy sent by the employee to the union. The letter or memo must describe the specific complaint and the relief requested. 2. Within ten (10) days of receipt of the written complaint, members of the Review Committee will be contacted to schedule a meeting. The agency and the employee may appear personally, produce evidence, have union representation, or seek other than union representation. The Committee will provide a recommendation to the Executive Director for decision and implementation and the employee will receive copies of that decision. C. APPEAL RIGHTS In the event that the review Committee cannot reach a majority decision, the complainant may take the appeal to Step 3 of Section 23 "Grievance Procedure" of the MOU. X. WAIVER The waiver of performance of any obligations of the sections of this HACCC Modified Work/Limited Duty Program shall not be construed as a waiver of the right of such parties to insist upon full performance of such obligations thereafter. 12-4-18 BOS Minutes 965 - 53 - HACCC Local #1/AFSCME MOU 2018-2021 EXHIBIT D MAINTENANCE DIVISION ON-CALL PROCEDURES HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA MAINTENANCE DIVISION ON-CALL PROCEDURES On Call duty is any time other than time when a maintenance employee is actually on regular duty. When assigned to On-Call duty, the employee is required to stand ready to report for duty when contacted by page or phone call. On -Call Hours On-Call hours are from the end of the regularly scheduled work day to the beginning of the next regularly scheduled shift on week days and twenty-four (24) hours on week- ends and holidays. Establishment of On-Call List Maintenance employees who have successfully completed probation as a Maintenance Mechanic B shall be eligible to volunteer for On-Call duty. The Housing Authority will semi-annually establish a schedule of On-Call assignments. Employees may switch weekly assignments among themselves provided management is notified in writing at least seven (7) days in advance of the change. The On-Call rotation shall remain voluntary, provided at least nine (9) employees are available to create the semiannual list. The Housing Authority will meet with the Union should the number of volunteers fall below nine (9) and prior to making, by inverse order of seniority, the rotation assignment mandatory. Each Maintenance Mechanic must be at work during the normal work day and available for the full period of the On-call assignment. During the On-call assignment period he/she cannot take any: a. Vacation leave b. Personal leave c. Compensatory leave in lieu of overtime d. Unpaid leave e. Sick leave i. Unless, there is a family matter/ medical emergency and the mechanic can be fully present for the on-call period following their absence during the work day to attend to family matters for one day only. ii. If the family matter/medical emergency continues longer than one day, the On-Call assignment will be forfeited. The On-call mechanic must immediately advise the Director of Asset Management, or his/her designee of his/her inability to continue the assignment. The assignment will be forfeited for that Mechanic. iii. The Replacement List will then be accessed by Housing Authority management to find an alternate mechanic based on rotating seniority order to complete the rest of the mechanic’s on On-call Call assignment. 12-4-18 BOS Minutes 966 - 54 - HACCC Local #1/AFSCME MOU 2018-2021 Assignment Period Each On-Call duty rotation shall consist of no less than two (2) maintenance employees, one employee responsible for covering all properties in East County through to Martinez, and the other employee responsible for covering Rodeo through to all West County properties. Each On-Call duty rotation shall be one (1) week in duration. Development of the On-Call Assignment List a. On-call scheduling meetings will be held twice each year at six (6) month intervals. All Maintenance Mechanics are required to attend the meetings. Mechanics will sign up for on-call duty. b. For safety reasons, there will be at least a one week break between assignments. No self assigned back-to-back assignments will be accepted by the Housing Authority manager responsible for Facilities Maintenance; however; back to back assignments may occur only during emergency On-call situations. Housing Authority management shall determine whether an emergency situation exists. On -Call Replacement List This list is created by order of seniority for all Authority mechanics who wish to take replacement On-call assignments. This list will be accessed by Housing Authority management in order to find a replacement if a mechanic on the On-Call assignment list cannot meet their assignment obligations. Acknowledgement of Assignments and On-Call Service Response Criteria Each maintenance employee on rotation shall carry a cellular phone, provided by the Housing Authority, and shall return a phone call from the on-call service, Bay Alarm, or other Housing Authority personnel within fifteen (15) minutes. It shall be the On-call Maintenance employee’s responsibility to ensure that Housing Authority issued equipment is charged and in working order at all times. All employees on the On-Call list will receive site specific orientation, training and general instructions regarding the criteria for immediate versus next day service call response. On -Call Equipment a. Vehicles Employees serving On-Call rotation may take a Housing Authority truck home for the duration of the assignment or may utilize their personal vehicle and be paid mileage for all calls. Each site will have a designated On-Call vehicle in good working condition. The Housing Authority management shall make reasonable accommodations for vehicle exchange at each rotation. The Housing Authority management and On-Call employee shall inventory and equip the On-Call trucks as necessary. A month’s notice will be provided to employees and the Union prior to changing the existing vehicle policy. b. Other Equipment Each work site office shop shall have a lock box for code, gate key and entry key. Housing Authority management shall arrange for code, gate key and entry key. 12-4-18 BOS Minutes 967 - 55 - HACCC Local #1/AFSCME MOU 2018-2021 Ensuring Safety When Performing On-Call Assignments To ensure safety, an employee serving On-Call may call the other On-Call employee or call a Supervisor for further direction if they believe the work environment is not safe. If necessary, the On-Call employee may call in another maintenance employee to assist. Housing Authority management and the Union shall develop training to ensure all mechanics know how to do their job safely, and how to ensure personal safety on the job. Housing Authority management shall develop training to ensure that all mechanics know how to perform their jobs in a safe manner and know how to ensure their personal safety while at work. If an employee believes that his/her personal safety is at risk, the employee shall immediately call 911 to report the incident and remove him/her self from the unsafe situation. After calling 911, the employee is to utilize the Emergency Contact List provided and report the situation to Housing Authority management. Housing Authority management will provide next step instructions to the employee. If a mechanic performing On-Call duty requires the assistance of another mechanic or vendor, he/she must first contact Housing Authority management and state the situation. Housing Authority management will determine if additional assistance is necessary and authorize services as needed. These provisions will be reviewed regularly by the Union and Management. The parties will meet on an as needed basis and at the request of either party to assess the need for change in these procedures. Changes may be made to this side letter during the term of this agreement, subject to meet and confer obligations. 12-4-18 BOS Minutes 968 - 56 - HACCC Local #1/AFSCME MOU 2018-2021 EXHIBIT E HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA MAINTENANCE MECHANIC PAY LEVEL B QUALIFICATIONS (Revised December 13, 2011) Purpose 1.1 In order to promote longevity, consistency, and compensatory equality among the Maintenance Mechanic classification, the Housing Authority shall administer a non-competitive test for Maintenance Mechanic up-grade to the higher (Level B) pay scale. Qualifications 2.1 A Maintenance Mechanic is eligible for up-grade to Level B after thirty-six (36) months of consistently acceptable service (as demonstrated by annual performance evaluations) at pay scale Level A. A Maintenance Mechanic may make a written request of the Executive Director (or the designee), within six (6) months of that eligibility, to be tested for the Level B pay scale. 2.2 The eligibility shall be considered completed on the first day of the month following thirty-six (36) months of unbroken service. The Housing Authority will then schedule a qualified third-party to administer the pay scale up-grade test upon receipt of the Maintenance Mechanic’s request for testing, annually during the month of January. The pay scale increase shall become effective in the first full pay period following the date that the Maintenance Mechanic passes the exam. 2.3 The Housing Authority may, at its sole option, elect to administer the test to a Maintenance Mechanic up to six months prior to her / his eligibility date in order to test multiple candidates at one time. The Housing Authority will notify those candidates of its intent to consolidate the test in order to meet the requirements of this paragraph. The effective date for pay scale increases for mechanics that test early shall be at the required first date of eligibility. Although the Pay Level may change, the employee does not need to complete a probation period as the Job Classification will remain as “Maintenance Mechanic”. The Anniversary da te will correspond with the Pay Level increase on the first of the month following the date of eligibility. Thus annual evaluations and subsequent increases will be given annually by this date. 2.4 Should a candidate fail the skills test, the candidate may request and take the exam the following year during the month of January or twelve (12) months after the date of the initial exam, whichever is later. 12-4-18 BOS Minutes 969 - 57 - HACCC Local #1/AFSCME MOU 2018-2021 Testing 3.1 The test shall consist of two parts, a written test and an ‘on the job’ demonstration of Maintenance Mechanic B skills. The written test and demonstrated skills shall be consistent with and inclusive of the “Illustrative Tasks” and “Knowledge, Skills, and Abilities” portion of the Maintenance Mechanic B job description. The passing score for the written test is seventy-five percent (75%). 3.2 The skills test shall consist of those abilities that are readily verifiable in a controlled setting. The skills set tests shall be on a “Pass / Fail” basis. The passing score for the skills test is one hundred percent (100%) for each skills test given. The Housing Authority will notify the Maintenance Mechanics of their scores within five (5) working days of the completed test. Upon request, Housing Authority management will review test results with unsuccessful candidates. 3.3 The Maintenance Mechanic may request notification of the required demonstrated skills up to twelve months prior to her/his anniversary date. The Maintenance Mechanic supervisor shall make reasonable accommodations with the Maintenance Mechanic to ensure completion of the demonstrated skills review prior to the practical test date. The demonstrated skills may include the following: plumbing stoppages; water heater installation; toilet installation; use and care of tools; spray painting; cabinet refinishing; tenant relations; work safety; and other areas of the “Illustrative Tasks” and “Knowledge, Skills, and Abilities” portion of the Maintenance Mechanic job description. 12-4-18 BOS Minutes 970 THE BOARD OF COMMISSIONERS OF THE HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA RESOLUTION NO. 5217 ESTABLISHING SALARY LEVELS FOR UNREPRESENTED EMPLOYEES EFFECTIVE DECEMBER 1, 2018 The Board of Commissioners of the Housing Authority of the County of Contra Costa RESOLVES that: All unrepresented employees will be granted an increase in salary at two-half percent (2.5%) effective upon resolution, one- half percent (1.5%) effective the first full pay period including July 1, 2019, and two percent (2%) effective the first full pay period including July 1, 2020. PASSED AND ADOPTED ON ______________________________by the following vote of the Commissioners. AYES: NOES: ABSENT: ABSTAIN: I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AN ACTION TAKEN AND ENTERED ON THE MINUTES OF THE BOARD OF COMMISSIONERS ON THE DATE SHOWN. ATTESTED______________________________ JOSEPH VILLARREAL, CLERK OF THE BOARD OF COMMISSIONERS AND EXECUTIVE DIRECTOR BY____________________________________ 12-4-18 BOS Minutes 971 POSITION $133,691 /yr $140,376 /yr $147,395 /yr $154,765 /yr $162,503 /yr 11,141 /mo 11,698 /mo 12,283 /mo 12,898 /mo 13,542 /mo 64.28 /hr 67.49 /hr 70.87 /hr 74.41 /hr 78.13 /hr$118,855 /yr $124,798 /yr $131,038 /yr $137,590 /yr $144,469 /yr 9,905 /mo 10,400 /mo 10,920 /mo 11,466 /mo 12,040 /mo 57.15 /hr 60.00 /hr 63.00 /hr 66.15 /hr 69.46 /hr$107,453 /yr $112,826 /yr $118,467 /yr $124,390 /yr $130,609 /yr 8,955 /mo 9,403 /mo 9,873 /mo 10,366 /mo 10,885 /mo 51.67 /hr 54.25 /hr 56.96 /hr 59.81 /hr 62.80 /hr$114,923 /yr $120,669 /yr $126,702 /yr $133,037 /yr $139,689 /yr 9,577 /mo 10,056 /mo 10,559 /mo 11,087 /mo 11,641 /mo 55.26 /hr 58.02 /hr 60.92 /hr 63.97 /hr 67.16 /hr$114,923 /yr $120,669 /yr $126,702 /yr $133,037 /yr $139,689 /yr 9,577 /mo 10,056 /mo 10,559 /mo 11,087 /mo 11,641 /mo 55.26 /hr 58.02 /hr 60.92 /hr 63.97 /hr 67.16 /hr$97,653 /yr $102,536 /yr $107,663 /yr $113,046 /yr $118,698 /yr 8,138 /mo 8,545 /mo 8,972 /mo 9,421 /mo 9,892 /mo 46.95 /hr 49.30 /hr 51.77 /hr 54.35 /hr 57.07 /hr$90,295 /yr $94,810 /yr $99,550 /yr $104,528 /yr $109,754 /yr 7,525 /mo 7,901 /mo 8,296 /mo 8,711 /mo 9,147 /mo 43.42 /hr 45.59 /hr 47.87 /hr 50.26 /hr 52.77 /hr$93,000 /yr $97,650 /yr $102,532 /yr $107,659 /yr $113,042 /yr 7,750 /mo 8,138 /mo 8,545 /mo 8,972 /mo 9,421 /mo 44.72 /hr 46.95 /hr 49.30 /hr 51.76 /hr 54.35 /hr$85,469 /yr $89,742 /yr $94,229 /yr $98,940 /yr $103,887 /yr 7,123 /mo 7,479 /mo 7,853 /mo 8,245 /mo 8,658 /mo 41.10 /hr 43.15 /hr 45.31 /hr 47.57 /hr 49.95 /hr$76,829 /yr $80,670 /yr $84,704 /yr $88,939 /yr $93,386 /yr 6,403 /mo 6,723 /mo 7,059 /mo 7,412 /mo 7,783 /mo 36.94 /hr 38.79 /hr 40.73 /hr 42.76 /hr 44.90 /hr$79,762 /yr $83,750 /yr $87,937 /yr $92,334 /yr $96,951 /yr 6,647 /mo 6,980 /mo 7,329 /mo 7,695 /mo 8,080 /mo 38.35 /hr 40.27 /hr 42.28 /hr 44.40 /hr 46.62 /hr$77,816 /yr $81,707 /yr $85,792 /yr $90,082 /yr $94,586 /yr 6,485 /mo 6,809 /mo 7,150 /mo 7,507 /mo 7,883 /mo 37.42 /hr 39.29 /hr 41.25 /hr 43.31 /hr 45.48 /hr$72,858 /yr $76,501 /yr $80,326 /yr $84,342 /yr $88,559 /yr 6,072 /mo 6,376 /mo 6,694 /mo 7,029 /mo 7,380 /mo 35.03 /hr 36.78 /hr 38.62 /hr 40.55 /hr 42.58 /hr$77,816 /yr $81,707 /yr $85,792 /yr $90,082 /yr $94,586 /yr 6,485 /mo 6,809 /mo 7,150 /mo 7,507 /mo 7,883 /mo 37.42 /hr 39.29 /hr 41.25 /hr 43.31 /hr 45.48 /hr$70,504 /yr $74,029 /yr $77,730 /yr $81,617 /yr $85,698 /yr 5,876 /mo 6,170 /mo 6,478 /mo 6,802 /mo 7,142 /mo 33.90 /hr 35.60 /hr 37.38 /hr 39.24 /hr 41.21 /hr$77,816 /yr $81,707 /yr $85,792 /yr $90,082 /yr $94,586 /yr 6,485 /mo 6,809 /mo 7,150 /mo 7,507 /mo 7,883 /mo 37.42 /hr 39.29 /hr 41.25 /hr 43.31 /hr 45.48 /hr$69,081 /yr $72,535 /yr $76,162 /yr $79,970 /yr $83,968 /yr 5,757 /mo 6,045 /mo 6,347 /mo 6,665 /mo 6,998 /mo 33.22 /hr 34.88 /hr 36.62 /hr 38.45 /hr 40.37 /hr$69,081 /yr $72,535 /yr $76,162 /yr $79,970 /yr $83,968 /yr 5,757 /mo 6,045 /mo 6,347 /mo 6,665 /mo 6,998 /mo 33.22 /hr 34.88 /hr 36.62 /hr 38.45 /hr 40.37 /hr$76,483 /yr $80,307 /yr $84,322 /yr $88,538 /yr $92,965 /yr 6,374 /mo 6,693 /mo 7,027 /mo 7,379 /mo 7,748 /mo 36.78 /hr 38.61 /hr 40.54 /hr 42.57 /hr 44.70 /hr$67,197 /yr $70,557 /yr $74,085 /yr $77,789 /yr $81,678 /yr 5,600 /mo 5,880 /mo 6,174 /mo 6,483 /mo 6,807 /mo 32.31 /hr 33.93 /hr 35.62 /hr 37.40 /hr 39.27 /hr$67,197 /yr $70,557 /yr $74,085 /yr $77,789 /yr $81,678 /yr 5,600 /mo 5,880 /mo 6,174 /mo 6,483 /mo 6,807 /mo 32.31 /hr 33.93 /hr 35.62 /hr 37.40 /hr 39.27 /hr$57,090 /yr $59,945 /yr $62,942 /yr $66,089 /yr $69,393 /yr 4,758 /mo 4,996 /mo 5,246 /mo 5,508 /mo 5,783 /mo 27.45 /hr 28.82 /hr 30.27 /hr 31.78 /hr 33.37 /hr$62,825 /yr $65,966 /yr $69,264 /yr $72,727 /yr $76,363 /yr 5,236 /mo 5,498 /mo 5,772 /mo 6,061 /mo 6,364 /mo 30.21 /hr 31.72 /hr 33.30 /hr 34.97 /hr 36.72 /hr$62,825 /yr $65,966 /yr $69,264 /yr $72,727 /yr $76,363 /yr 5,236 /mo 5,498 /mo 5,772 /mo 6,061 /mo 6,364 /mo 30.21 /hr 31.72 /hr 33.30 /hr 34.97 /hr 36.72 /hr$54,345 /yr $57,062 /yr $59,915 /yr $62,911 /yr $66,057 /yr 4,529 /mo 4,756 /mo 4,993 /mo 5,243 /mo 5,505 /mo 26.13 /hr 27.44 /hr 28.81 /hr 30.25 /hr 31.76 /hr Director of Assisted Housing Programs HOUSING AUTHORITY of the COUNTY of CONTRA COSTA MARKET SALARY SCHEDULES BY CLASSIFICATION EXEMPT EMPLOYEES : 6/27/20 - 6/25/21 2.00% STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 Executive Director Deputy Executive Director for Housing Operations Director of Finance Director of Asset Management Special Assistant to Executive Director Accounting Supervisor Director of Development Human Resources Officer Director of General Services Asset Manager Internal Auditor Housing Development Officer Housing Manager Housing Rehabilitation Officer Maintenance Manager Program Analyst Financial Analyst Computer Support Specialist Housing Technical Officer Resident Services Coordinator Maintenance Supervisor Family Self Sufficiency Coordinator Administrative Services Officer Purchasing Agent 12-4-18 BOS Minutes 972 POSITION $131,070 /yr $137,624 /yr $144,505 /yr $151,730 /yr $159,316 /yr 10,923 /mo 11,469 /mo 12,043 /mo 12,645 /mo 13,277 /mo 63.02 /hr 66.17 /hr 69.48 /hr 72.95 /hr 76.60 /hr$111,838 /yr $117,430 /yr $123,302 /yr $129,467 /yr $135,940 /yr 9,320 /mo 9,786 /mo 10,276 /mo 10,789 /mo 11,329 /mo 53.77 /hr 56.46 /hr 59.28 /hr 62.25 /hr 65.36 /hr$102,395 /yr $107,515 /yr $112,891 /yr $118,536 /yr $124,463 /yr 8,533 /mo 8,960 /mo 9,408 /mo 9,878 /mo 10,372 /mo 49.23 /hr 51.69 /hr 54.28 /hr 56.99 /hr 59.84 /hr$112,670 /yr $118,303 /yr $124,218 /yr $130,429 /yr $136,950 /yr 9,390 /mo 9,859 /mo 10,352 /mo 10,870 /mo 11,413 /mo 54.17 /hr 56.88 /hr 59.73 /hr 62.71 /hr 65.85 /hr$112,670 /yr $118,303 /yr $124,218 /yr $130,429 /yr $136,950 /yr 9,390 /mo 9,859 /mo 10,352 /mo 10,870 /mo 11,413 /mo 54.17 /hr 56.88 /hr 59.73 /hr 62.71 /hr 65.85 /hr$92,357 /yr $96,975 /yr $101,824 /yr $106,915 /yr $112,261 /yr 7,697 /mo 8,082 /mo 8,486 /mo 8,910 /mo 9,356 /mo 44.41 /hr 46.63 /hr 48.96 /hr 51.41 /hr 53.98 /hr$88,524 /yr $92,950 /yr $97,597 /yr $102,477 /yr $107,601 /yr 7,377 /mo 7,746 /mo 8,134 /mo 8,540 /mo 8,967 /mo 42.56 /hr 44.69 /hr 46.93 /hr 49.27 /hr 51.74 /hr$87,973 /yr $92,372 /yr $96,991 /yr $101,841 /yr $106,933 /yr 7,332 /mo 7,698 /mo 8,083 /mo 8,487 /mo 8,912 /mo 42.30 /hr 44.41 /hr 46.64 /hr 48.97 /hr 51.42 /hr$83,792 /yr $87,982 /yr $92,381 /yr $97,000 /yr $101,850 /yr 6,983 /mo 7,332 /mo 7,699 /mo 8,084 /mo 8,488 /mo 40.29 /hr 42.30 /hr 44.42 /hr 46.64 /hr 48.97 /hr$71,503 /yr $75,078 /yr $78,832 /yr $82,774 /yr $86,913 /yr 5,959 /mo 6,257 /mo 6,570 /mo 6,898 /mo 7,243 /mo 34.38 /hr 36.10 /hr 37.90 /hr 39.80 /hr 41.79 /hr$77,553 /yr $81,431 /yr $85,503 /yr $89,778 /yr $94,267 /yr 6,463 /mo 6,786 /mo 7,126 /mo 7,482 /mo 7,856 /mo 37.29 /hr 39.15 /hr 41.11 /hr 43.17 /hr 45.33 /hr$76,290 /yr $80,105 /yr $84,110 /yr $88,315 /yr $92,731 /yr 6,358 /mo 6,676 /mo 7,010 /mo 7,360 /mo 7,728 /mo 36.68 /hr 38.52 /hr 40.44 /hr 42.46 /hr 44.59 /hr$68,946 /yr $72,393 /yr $76,013 /yr $79,814 /yr $83,805 /yr 5,746 /mo 6,033 /mo 6,335 /mo 6,652 /mo 6,984 /mo 33.15 /hr 34.81 /hr 36.55 /hr 38.38 /hr 40.30 /hr$76,290 /yr $80,105 /yr $84,110 /yr $88,315 /yr $92,731 /yr 6,358 /mo 6,676 /mo 7,010 /mo 7,360 /mo 7,728 /mo 36.68 /hr 38.52 /hr 40.44 /hr 42.46 /hr 44.59 /hr$69,121 /yr $72,577 /yr $76,206 /yr $80,016 /yr $84,017 /yr 5,761 /mo 6,049 /mo 6,351 /mo 6,668 /mo 7,002 /mo 33.24 /hr 34.90 /hr 36.64 /hr 38.47 /hr 40.40 /hr$76,290 /yr $80,105 /yr $84,110 /yr $88,315 /yr $92,731 /yr 6,358 /mo 6,676 /mo 7,010 /mo 7,360 /mo 7,728 /mo 36.68 /hr 38.52 /hr 40.44 /hr 42.46 /hr 44.59 /hr$66,503 /yr $69,828 /yr $73,319 /yr $76,985 /yr $80,834 /yr 5,542 /mo 5,819 /mo 6,110 /mo 6,416 /mo 6,737 /mo 31.98 /hr 33.58 /hr 35.25 /hr 37.02 /hr 38.87 /hr$66,503 /yr $69,828 /yr $73,319 /yr $76,985 /yr $80,834 /yr 5,542 /mo 5,819 /mo 6,110 /mo 6,416 /mo 6,737 /mo 31.98 /hr 33.58 /hr 35.25 /hr 37.02 /hr 38.87 /hr$74,983 /yr $78,732 /yr $82,669 /yr $86,802 /yr $91,142 /yr 6,249 /mo 6,561 /mo 6,890 /mo 7,234 /mo 7,596 /mo 36.05 /hr 37.86 /hr 39.75 /hr 41.74 /hr 43.82 /hr$65,878 /yr $69,172 /yr $72,631 /yr $76,263 /yr $80,076 /yr 5,490 /mo 5,765 /mo 6,053 /mo 6,356 /mo 6,673 /mo 31.68 /hr 33.26 /hr 34.92 /hr 36.67 /hr 38.50 /hr$65,878 /yr $69,172 /yr $72,631 /yr $76,263 /yr $80,076 /yr 5,490 /mo 5,765 /mo 6,053 /mo 6,356 /mo 6,673 /mo 31.68 /hr 33.26 /hr 34.92 /hr 36.67 /hr 38.50 /hr$55,970 /yr $58,769 /yr $61,707 /yr $64,792 /yr $68,032 /yr 4,665 /mo 4,898 /mo 5,143 /mo 5,400 /mo 5,670 /mo 26.91 /hr 28.26 /hr 29.67 /hr 31.15 /hr 32.71 /hr$61,591 /yr $64,671 /yr $67,905 /yr $71,300 /yr $74,865 /yr 5,133 /mo 5,390 /mo 5,659 /mo 5,942 /mo 6,239 /mo 29.62 /hr 31.10 /hr 32.65 /hr 34.28 /hr 36.00 /hr$61,591 /yr $64,671 /yr $67,905 /yr $71,300 /yr $74,865 /yr 5,133 /mo 5,390 /mo 5,659 /mo 5,942 /mo 6,239 /mo 29.62 /hr 31.10 /hr 32.65 /hr 34.28 /hr 36.00 /hr$51,512 /yr $54,088 /yr $56,792 /yr $59,632 /yr $62,614 /yr 4,293 /mo 4,508 /mo 4,733 /mo 4,970 /mo 5,218 /mo 24.77 /hr 26.01 /hr 27.31 /hr 28.67 /hr 30.11 /hr Director of Assisted Housing Programs HOUSING AUTHORITY of the COUNTY of CONTRA COSTA MARKET SALARY SCHEDULES BY CLASSIFICATION EXEMPT EMPLOYEES : 6/29/19 - 6/26/20 1.50% STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 Executive Director Deputy Executive Director for Housing Operations Director of Finance Director of Asset Management Special Assistant to Executive Director Accounting Supervisor Director of Development Human Resources Officer Director of General Services Asset Manager Internal Auditor Housing Development Officer Housing Manager Housing Rehabilitation Officer Maintenance Manager Program Analyst Financial Analyst Computer Support Specialist Housing Technical Officer Resident Services Coordinator Maintenance Supervisor Family Self Sufficiency Coordinator Administrative Services Officer Purchasing Agent 12-4-18 BOS Minutes 973 POSITION $129,133 /yr $135,590 /yr $142,369 /yr $149,487 /yr $156,961 /yr 10,762 /mo 11,300 /mo 11,865 /mo 12,458 /mo 13,081 /mo 62.09 /hr 65.19 /hr 68.45 /hr 71.87 /hr 75.47 /hr$105,713 /yr $110,999 /yr $116,549 /yr $122,376 /yr $128,495 /yr 8,810 /mo 9,250 /mo 9,713 /mo 10,198 /mo 10,708 /mo 50.83 /hr 53.37 /hr 56.04 /hr 58.84 /hr 61.78 /hr$98,058 /yr $102,961 /yr $108,109 /yr $113,514 /yr $119,190 /yr 8,172 /mo 8,581 /mo 9,010 /mo 9,460 /mo 9,933 /mo 47.15 /hr 49.51 /hr 51.98 /hr 54.58 /hr 57.31 /hr$111,004 /yr $116,554 /yr $122,382 /yr $128,501 /yr $134,926 /yr 9,251 /mo 9,713 /mo 10,199 /mo 10,709 /mo 11,244 /mo 53.37 /hr 56.04 /hr 58.84 /hr 61.78 /hr 64.87 /hr$111,004 /yr $116,554 /yr $122,382 /yr $128,501 /yr $134,926 /yr 9,251 /mo 9,713 /mo 10,199 /mo 10,709 /mo 11,244 /mo 53.37 /hr 56.04 /hr 58.84 /hr 61.78 /hr 64.87 /hr$87,771 /yr $92,160 /yr $96,768 /yr $101,606 /yr $106,686 /yr 7,315 /mo 7,680 /mo 8,064 /mo 8,468 /mo 8,891 /mo 42.20 /hr 44.31 /hr 46.53 /hr 48.85 /hr 51.30 /hr$87,214 /yr $91,575 /yr $96,154 /yr $100,962 /yr $106,010 /yr 7,268 /mo 7,632 /mo 8,013 /mo 8,414 /mo 8,835 /mo 41.93 /hr 44.03 /hr 46.23 /hr 48.54 /hr 50.97 /hr$83,612 /yr $87,793 /yr $92,183 /yr $96,792 /yr $101,632 /yr 6,968 /mo 7,317 /mo 7,682 /mo 8,066 /mo 8,470 /mo 40.20 /hr 42.21 /hr 44.32 /hr 46.54 /hr 48.87 /hr$82,553 /yr $86,681 /yr $91,015 /yr $95,566 /yr $100,344 /yr 6,880 /mo 7,224 /mo 7,585 /mo 7,964 /mo 8,362 /mo 39.69 /hr 41.68 /hr 43.76 /hr 45.95 /hr 48.25 /hr$66,818 /yr $70,159 /yr $73,667 /yr $77,350 /yr $81,218 /yr 5,569 /mo 5,847 /mo 6,139 /mo 6,446 /mo 6,769 /mo 32.13 /hr 33.74 /hr 35.42 /hr 37.19 /hr 39.05 /hr$75,785 /yr $79,574 /yr $83,553 /yr $87,731 /yr $92,118 /yr 6,316 /mo 6,632 /mo 6,963 /mo 7,311 /mo 7,677 /mo 36.44 /hr 38.26 /hr 40.17 /hr 42.18 /hr 44.29 /hr$75,163 /yr $78,921 /yr $82,867 /yr $87,010 /yr $91,360 /yr 6,264 /mo 6,577 /mo 6,906 /mo 7,251 /mo 7,614 /mo 36.14 /hr 37.95 /hr 39.84 /hr 41.84 /hr 43.93 /hr$65,554 /yr $68,832 /yr $72,274 /yr $75,888 /yr $79,682 /yr 5,463 /mo 5,736 /mo 6,023 /mo 6,324 /mo 6,641 /mo 31.52 /hr 33.10 /hr 34.75 /hr 36.49 /hr 38.31 /hr$75,163 /yr $78,921 /yr $82,867 /yr $87,010 /yr $91,360 /yr 6,264 /mo 6,577 /mo 6,906 /mo 7,251 /mo 7,614 /mo 36.14 /hr 37.95 /hr 39.84 /hr 41.84 /hr 43.93 /hr$68,099 /yr $71,504 /yr $75,079 /yr $78,833 /yr $82,775 /yr 5,675 /mo 5,959 /mo 6,257 /mo 6,570 /mo 6,898 /mo 32.74 /hr 34.38 /hr 36.10 /hr 37.91 /hr 39.80 /hr$75,163 /yr $78,921 /yr $82,867 /yr $87,010 /yr $91,360 /yr 6,264 /mo 6,577 /mo 6,906 /mo 7,251 /mo 7,614 /mo 36.14 /hr 37.95 /hr 39.84 /hr 41.84 /hr 43.93 /hr$64,348 /yr $67,565 /yr $70,943 /yr $74,490 /yr $78,215 /yr 5,363 /mo 5,631 /mo 5,912 /mo 6,208 /mo 6,518 /mo 30.94 /hr 32.49 /hr 34.11 /hr 35.82 /hr 37.61 /hr$64,348 /yr $67,565 /yr $70,943 /yr $74,490 /yr $78,215 /yr 5,363 /mo 5,631 /mo 5,912 /mo 6,208 /mo 6,518 /mo 30.94 /hr 32.49 /hr 34.11 /hr 35.82 /hr 37.61 /hr$73,875 /yr $77,569 /yr $81,447 /yr $85,519 /yr $89,795 /yr 6,157 /mo 6,465 /mo 6,788 /mo 7,127 /mo 7,483 /mo 35.52 /hr 37.30 /hr 39.16 /hr 41.12 /hr 43.18 /hr$64,905 /yr $68,150 /yr $71,557 /yr $75,135 /yr $78,892 /yr 5,409 /mo 5,680 /mo 5,964 /mo 6,262 /mo 6,575 /mo 31.21 /hr 32.77 /hr 34.41 /hr 36.13 /hr 37.93 /hr$64,905 /yr $68,150 /yr $71,557 /yr $75,135 /yr $78,892 /yr 5,409 /mo 5,680 /mo 5,964 /mo 6,262 /mo 6,575 /mo 31.21 /hr 32.77 /hr 34.41 /hr 36.13 /hr 37.93 /hr$55,142 /yr $57,899 /yr $60,794 /yr $63,834 /yr $67,026 /yr 4,596 /mo 4,825 /mo 5,067 /mo 5,320 /mo 5,586 /mo 26.52 /hr 27.84 /hr 29.23 /hr 30.69 /hr 32.23 /hr$60,681 /yr $63,715 /yr $66,901 /yr $70,246 /yr $73,758 /yr 5,057 /mo 5,310 /mo 5,576 /mo 5,854 /mo 6,147 /mo 29.18 /hr 30.64 /hr 32.17 /hr 33.78 /hr 35.47 /hr$60,681 /yr $63,715 /yr $66,901 /yr $70,246 /yr $73,758 /yr 5,057 /mo 5,310 /mo 5,576 /mo 5,854 /mo 6,147 /mo 29.18 /hr 30.64 /hr 32.17 /hr 33.78 /hr 35.47 /hr$49,068 /yr $51,521 /yr $54,097 /yr $56,802 /yr $59,642 /yr 4,089 /mo 4,294 /mo 4,509 /mo 4,734 /mo 4,971 /mo 23.60 /hr 24.77 /hr 26.01 /hr 27.31 /hr 28.68 /hr Director of Assisted Housing Programs HOUSING AUTHORITY of the COUNTY of CONTRA COSTA MARKET SALARY SCHEDULES BY CLASSIFICATION EXEMPT EMPLOYEES : 12/01/18 - 6/28/19 2.50% STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 Executive Director Deputy Executive Director for Housing Operations Director of Finance Director of Asset Management Special Assistant to Executive Director Accounting Supervisor Director of Development Human Resources Officer Director of General Services Asset Manager Internal Auditor Housing Development Officer Housing Manager Housing Rehabilitation Officer Maintenance Manager Program Analyst Financial Analyst Computer Support Specialist Housing Technical Officer Resident Services Coordinator Maintenance Supervisor Family Self Sufficiency Coordinator Administrative Services Officer Purchasing Agent 12-4-18 BOS Minutes 974 RECOMMENDATION(S): APPROVE and AUTHORIZE the County Librarian, or designee, to close all branches of the County Library according to the holiday and training schedule outlined in the attached "2019 Library Closures" list. FISCAL IMPACT: None BACKGROUND: Every year in the Fall, the County Administrator's Office sends out a list to all department heads of the holidays that will be observed during the following calendar year. Using this information, an annual Library Closures list is created and submitted, attached, to the Board of Supervisors for approval. CONSEQUENCE OF NEGATIVE ACTION: The libraries will remain open and library employees will be unable to observe the holidays observed by most other county employees. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/04/2018 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: Walt Beveridge 925-608-7730 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 4, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C.113 To:Board of Supervisors From:Melinda Cervantes, County Librarian Date:December 4, 2018 Contra Costa County Subject:Library Closure List for 2019 12-4-18 BOS Minutes 975 ATTACHMENTS 2019 Library Closures 2019 Holiday List 12-4-18 BOS Minutes 976 Closures for January 1, 2019 through December 31, 2019: Tuesday, January 1, 2019 New Year's Day All libraries closed (holiday) Monday, January 21, 2019 Dr. Martin Luther King Jr. Day All libraries closed (holiday) Monday, February 18, 2019 Presidents’ Day All libraries closed (holiday) Sunday, April 21, 2019 Easter All libraries closed Sunday, May 12, 2019 Mother’s Day All libraries closed Sunday, May 26, 2019 All libraries closed Monday, May 27, 2019 Memorial Day All libraries closed (holiday) Thursday, July 4, 2019 Independence Day All libraries closed (holiday) Sunday, September 1, 2019 All libraries closed Monday, September 2, 2019 Labor Day All libraries closed (holiday) Monday, October14, 2019 All Staff Training Day All libraries closed Monday, November 11, 2019 Veterans Day All libraries closed (holiday) Wednesday, November 27, 2019 (day before Thanksgiving) All libraries close at 6:00 p.m. Thursday, November 28, 2019 Thanksgiving Day All libraries closed (holiday) Tuesday, December 24, 2019 Christmas Eve All libraries closed (holiday) Wednesday, December 25, 2019 Christmas Day All libraries closed (holiday) Tuesday, December 31, 2019 New Year’s Eve All libraries close at 5:00 p.m. 12-4-18 BOS Minutes 977 12-4-18BOS Minutes978 RECOMMENDATION(S): 1. ACKNOWLEDGE that in its role as the Board of Directors of the West Contra Costa Health Care District ("District") the Board of Supervisors will also become the Board of Directors of WCCHD Financing Corporation and the Board of Directors of WCCHD Financing Corporation II, both nonprofit public benefit corporations established to provide financial assistance to the District, effective January 1, 2019. 2. DIRECT the County Administrator, or designee, to make filings with state and federal agencies indicating the change in governance of each corporation, as necessary, and AUTHORIZE payment of any related filing fees. FISCAL IMPACT: No fiscal impact. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/04/2018 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Timothy M. Ewell, (925)335-1036 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 4, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C.114 To:Board of Supervisors From:David Twa, County Administrator Date:December 4, 2018 Contra Costa County Subject:GOVERNANCE OF WEST CONTRA COSTA HEALTHCARE DISTRICT FINANCING CORPORATIONS 12-4-18 BOS Minutes 979 BACKGROUND: West Contra Costa Healthcare District History and Governance The West Contra Costa Healthcare District (the “District”) struggled financially for decades, experiencing increasing costs, declining reimbursements, and growing service demand from uninsured and underinsured populations. After emerging from bankruptcy in 2006, the District fell deeper into debt. In 2015, it closed its hospital, Doctors Medical Center, which was a full-service acute care facility with 124 general acute care beds. On October 20, 2016, the District again filed for bankruptcy under chapter 9 of the Bankruptcy Code. Through the bankruptcy, the District sought the bankruptcy court’s approval of a plan that allowed the District to modify its debts and on-going costs, emerge from bankruptcy, and begin the process of repaying creditors. The bankruptcy court approved the District’s Plan of Adjustment on January 2, 2018, allowing the District to repay certain creditors over a series of years. The District is currently governed by an elected board of directors, pursuant to Health and Safety Code sections 32100 et seq. To reduce expenses, the District will transition to an appointed board of directors because the cost of electing a board of directors can be substantial. Effective January 1, 2019, the Board of Supervisors will become the appointed Board of Directors for the District. (Agenda Item D.3 on September 11, 2018 agenda.) Financing Corporations The District issued municipal securities over time to facilitate capital improvements to its facilities, specifically the former Doctor's Medical Center. During that period, the WCCHD Financing Corporation and WCCHD Financing Corporation II (collectively the "Financing Corporations") were formed to assist with the issuance of those securities. The Financing Corporations are nonprofit public benefit corporations organized under California Corporations Code section 5100 et seq. Pursuant to these corporations' respective bylaws, the District Board of Directors also serves as the Board of Directors for each corporation. Since the Board of Supervisors has elected to become the District Board of Directors, effective January 1, 2019, the Board will by operation of law also become the Board of Directors of each corporation at that time. Today's action ackowledges the the Board of Supervisors will also assume the role of the Board of Directors of WCCHD Financing Corporation and the Board of Directors of WCCHD Financing Corporation II. In accorance with the Board's responsibilities in these new roles, it also directs staff to make necessary filings with state and federal agencies that may require a change in governance as a reportable event on or after January 1, 2019. For 12-4-18 BOS Minutes 980 example, the California Secretary of State requires filing of a Statement of Information (CA Form SI-100) to update business addresses, corporate officers, and contact information for service of process. Similarly, each corporation is required to file tax returns with the California Franchise Tax Board (FTB) and the Internal Revenue Service (IRS). Responsible party and address information will need to be updated for each agency. Staff will return to the Board after January 1, 2019 to request that regular meeting schedules be adopted by resolution for each corporation. At that time the Board may choose to adopt the County Board of Supervisors' meeting schedule as the meeting schedule of each corporation, similar to special districts and other entities for which the Board of Supervisors serves as the governing board. This will allow maximum flexibility for staff and the Board to schedule agenda items from time-to-time as needed. According to District staff, the Boards of Directors for the Financing Corporations, generally meet one to two times a year for the purpose of accepting audited financing information and reports, and to take any other necessary actions. CONSEQUENCE OF NEGATIVE ACTION: Staff will not be authorized to submit certain documents to state and federal agencies, or pay related filing fees, as part of the transition in governance of the District. CHILDREN'S IMPACT STATEMENT: No impact. 12-4-18 BOS Minutes 981 RECOMMENDATION(S): ADOPT Resolution No. 2018/604 authorizing the issuance and sale of "San Ramon Valley Unified School District General Obligation Bonds, Election of 2012, Series C" in an amount not to exceed $60,005,000 by the San Ramon Valley Unified School District on its own behalf pursuant to Sections 15140 and 15146 of the Education Code, as permitted by Section 53508.7(c) of the Government Code. FISCAL IMPACT: There is no fiscal impact to the County. BACKGROUND: The San Ramon Valley Unified School District intends to issue General Obligation bonds to fund capital improvements throughout the District. The District has requested that the Board of Supervisors adopt a resolution authorizing the direct issuance and sale of bonds by the District on its own behalf as authorized by Section 15140(b) of the Education Code. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 12/04/2018 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Timothy Ewell, 925-335-1036 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 4, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stephanie Mello, Deputy cc: C.115 To:Board of Supervisors From:David Twa, County Administrator Date:December 4, 2018 Contra Costa County Subject:San Ramon Valley Unified School District General Obligation Bonds, Election of 2012, Series C 12-4-18 BOS Minutes 982 BACKGROUND: (CONT'D) The District adopted a resolution on November 13, 2018 authorizing the sale and issuance of the bonds. This issuance was approved by the voters as part of a bond measure listed on the November 6, 2012 ballot. CONSEQUENCE OF NEGATIVE ACTION: Without the Contra Costa County Board of Supervisors authorization, the School District will not be able to issue the bonds. CHILDREN'S IMPACT STATEMENT: The recommendation supports the following Children's Report Card outcome: Communities that are Safe and Provide a High Quality of Life for Children and Families. AGENDA ATTACHMENTS Resolution No. 2018/604 Resolution No. 2018/604 - Clerk's Certificate District Resolution MINUTES ATTACHMENTS Signed Resolution No. 2018/604 12-4-18 BOS Minutes 983 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and for Special Districts, Agencies and Authorities Governed by the Board Adopted this Resolution on 12/04/2018 by the following vote: AYE:5 John Gioia Candace Andersen Diane Burgis Karen Mitchoff Federal D. Glover NO: ABSENT: ABSTAIN: RECUSE: Resolution No. 2018/604 RESOLUTION AUTHORIZING THE SAN RAMON VALLEY UNIFIED SCHOOL DISTRICT TO ISSUE ITS SAN RAMON VALLEY UNIFIED SCHOOL DISTRICT (COUNTY OF CONTRA COSTA, CALIFORNIA), GENERAL OBLIGATION BONDS, ELECTION OF 2012, SERIES C, IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $60,005,000 WITHOUT FURTHER ACTION OF THE BOARD OF SUPERVISORS OR OFFICERS OF THE COUNTY RESOLVED, by the Board of Supervisors of the County of Contra Costa, State of California, that: WHEREAS, an election was duly and regularly held in the San Ramon Valley Unified School District (the “District”) on November 6, 2012, in accordance with Section 1(b)(3) of Article XIIIA of the California Constitution, for the purpose of submitting a bond measure to the qualified electors of the District, authorizing the issuance of general obligation bonds in the aggregate principal amount of $260,000,000 (the “Bonds”), and at least 55% of the votes cast were in favor of the issuance of the Bonds; and WHEREAS, Sections 53506 and following of the California Government Code (the “Government Code”), including Section 53508.7 thereof, provide that a school district may issue and sell bonds on its own behalf at a private sale pursuant to Section 15140 and 15146 of the California Education Code (the “Education Code”); and WHEREAS, Section 15140(b) of the Education Code provides that the board of supervisors of a county may authorize a school district over which the county superintendent of schools has jurisdiction, and which has not received a qualified or negative certification in its most recent interim report, to issue and sell bonds on its own behalf without further action of the board of supervisors or officers of the county; and WHEREAS, the Board of Education of the District, a school district under the jurisdiction of the Superintendent of Schools of the County of Contra Costa, adopted on November 13, 2018, a resolution (the “District Resolution”) providing for the issuance of its “San Ramon Valley Unified School District (County of Contra Costa, California) General Obligation Bonds, Election of 2012, Series C,” in an aggregate principal amount not to exceed $60,005,000, in one or more series to be designated by the District (the “Series C Bonds”) pursuant to Section 53506 and following of the Government Code and additionally providing for the negotiated sale thereof pursuant to Sections 15140 and 15146 of the Education Code; and WHEREAS, by said District Resolution, the District has requested that this Board of Supervisors (the “Board”) of the County of Contra Costa (the “County”) authorize the District on its own behalf to issue and sell the Series C Bonds at a negotiated sale, all pursuant to Sections 53506 and following of the Government Code and Section 15140(b) of the Education Code and subject to the terms set forth in the District Resolution, and has represented and warranted to the Board that it has not received a qualified or negative certification in its most recent interim report; NOW THEREFORE, IT IS HEREBY DETERMINED AND ORDERED as follows: Section 1. Recitals. All of the above recitals are true and correct. Section 2. Authorization of District Issuance and Sale . The Board hereby authorizes the issuance and private negotiated sale of the Series C Bonds by the District on its own behalf, pursuant to the terms set forth in the District Resolution and as authorized by and in full compliance with all applicable laws, including but not limited to Sections 15140 and 15146 of the Education Code, as permitted by Section 53508.7 of the Government Code, as determined by the District’s bond counsel. This authorization shall only apply to the Series C Bonds authorized to be issued by said District Resolution. Section 3. Purpose . The purpose of this action is to permit the District to sell its Series C Bonds in the manner that the District determines is in its best interests and the best interests of its taxpayers, as provided in the District Resolution. Section 4. District Responsibilities. Pursuant to Section 15140(c) of the Education Code, the Board of Education of the District shall transmit the District Resolution and a copy of the final debt service schedule for the Series C Bonds, reflecting the principal amounts and interest rates of such Series C Bonds as determined in the sale thereof, to the Treasurer-Tax Collector of the County (the “County Treasurer”) and to the County Controller (the “County Controller”), forthwith after the sale of the Series C Bonds, and in any event no later than the date reasonably requested by such officers, in order to permit the County to establish tax rates and necessary funds or accounts for the Series C Bonds. Section 5. County Responsibilities . (a) The County, including the officers thereof and this Board of Supervisors, assumes no responsibility for any of the proceedings following the adoption of this Resolution which involve or result in the sale and issuance of the Series C Bonds, including but not limited to, any proceedings for the sale and issuance of the Series C Bonds or the validity of the Series C Bonds. (b) The County levies and collects taxes, pays principal and interest on the Series C Bonds when due, and holds the bond proceeds and tax funds for the Series C Bonds that have been duly issued and sold by the District, as otherwise required by law. (c) The County, including the officers and employees thereof and this Board of Supervisors, assumes no responsibility for establishing a tax rate for any new issue of bonds in any year in which the information required by Section 4 hereof to be delivered to the County officers is delivered later than the deadline established by such officers in order to permit compliance with Government Code Section 29100 and following. (d) Except as otherwise provided by this Resolution and by law, neither the County, this Board or any officers, officials or employees of the County shall have any liability hereunder or by reason hereof or in connection with the transactions contemplated hereby and the Series C Bonds shall be payable solely from tax proceeds available therefor as set forth in this Section 5. Section 6. Indemnification of County. The County acknowledges and relies upon the fact that the District has represented that it shall indemnify and hold harmless, to the extent permitted by law, the County and its officers and employees (“Indemnified Parties”), against any and all losses, claims, damages or liabilities, joint or several, to which such Indemnified Parties may become subject because of action or inaction related to the adoption of this Resolution, or related to the proceedings for sale, award, issuance and delivery of the Series C Bonds in accordance herewith and with the District Resolution and that the District shall also reimburse any such Indemnified Parties for any legal or other expenses incurred in connection with investigating or defending any such claims or actions. Section 7. Limited Responsibility for Official Statement. Neither this Board of Supervisors nor any officer of the County has prepared or reviewed the official statement 12-4-18 BOS Minutes 984 of the District describing the Series C Bonds (the “Official Statement”), and this Board of Supervisors and the various officers of the County take no responsibility for the contents or distribution thereof; provided, however, that solely with respect to a section contained or to be contained therein describing the County’s investment policy, current portfolio holdings and valuation procedures, as they may relate to funds of the District held by the County Treasurer, the County Treasurer is hereby authorized and directed to prepare and review such information for inclusion in the District’s Official Statement and in a preliminary Official Statement, and to certify in writing prior to or upon the issuance of the Series C Bonds that the information contained in such section does not contain any untrue statement of a material fact or omit to state any material fact necessary in order to make the statements made therein, in the light of the circumstances under which they are made, not misleading. Section 8. Limited Liability. Notwithstanding anything to the contrary contained herein, in the Series C Bonds or in any other document mentioned herein, neither the County nor the Board shall have any liability hereunder or by reason hereof or in connection with the transactions contemplated hereby, and the Series C Bonds shall be payable solely from tax proceeds and any other moneys of the District available therefore as set forth in the District Resolution and herein. This provision in no manner limits the obligations of the County to levy, collect and hold property taxes for the Series C Bonds as required by law. Section 9. Delivery of Resolution. The Clerk of the Board of Supervisors is hereby directed to deliver a copy of this Resolution to the Superintendent of the District. Section 10. Effective Date: This Resolution shall take effect from and after its adoption. Contact: Timothy Ewell, 925-335-1036 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: December 4, 2018 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stephanie Mello, Deputy cc: 12-4-18 BOS Minutes 985 12-4-18 BOS Minutes 986 12-4-18 BOS Minutes 987 4133-9909-2503.3 CLERK’S CERTIFICATE I, ____________________, Deputy Clerk of the Board of Supervisors (the “Board”) of the County of Contra Costa, do hereby certify that the attached is a full, true and correct copy of a resolution and order duly adopted at a regular meeting of the Board duly and regularly and legally held at the regular meeting place thereof on December 4, 2018, and duly entered in the minutes of said meeting, of which meeting all the members of the Board had due notice and at which a quorum thereof was present. An agenda of said meeting was posted at least 72 hours before said meeting at 651 Pine Street, Room 107, Martinez, California, a location freely accessible to members of the public, and a brief description of said resolution appeared on said agenda. A copy of said agenda is attached hereto. I further certify that I have carefully compared the attached copy with the original minutes of said meeting on file and of record in my office. Said resolution has not been amended, modified or rescinded since the date of its adoption and the same is now in full force and effect. WITNESS my hand this ________ day of ___________________, 2018. Deputy Clerk of the Board of Supervisors County of Contra Costa 12-4-18 BOS Minutes 988 4140-3505-3847.4 RESOLUTION NO. 41/18-19 RESOLUTION OF THE BOARD OF EDUCATION OF THE SAN RAMON VALLEY UNIFIED SCHOOL DISTRICT AUTHORIZING THE ISSUANCE AND SALE OF NOT TO EXCEED $60,005,000 AGGREGATE PRINCIPAL AMOUNT OF BONDS OF SAN RAMON VALLEY UNIFIED SCHOOL DISTRICT BY A NEGOTIATED SALE PURSUANT TO A BOND PURCHASE AGREEMENT PRESCRIBING THE TERMS OF SALE, APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION AND DELIVERY OF A BOND PURCHASE AGREEMENT AND A CONTINUING DISCLOSURE CERTIFICATE, APPROVING THE FORM OF AND AUTHORIZING THE DISTRIBUTION OF AN OFFICIAL STATEMENT FOR THE BONDS, AND AUTHORIZING THE EXECUTION OF NECESSARY DOCUMENTS AND CERTIFICATES AND RELATED ACTIONS WHEREAS, an election was duly called and regularly held in the San Ramon Valley Unified School District (the “District”), located in the County of Contra Costa, California (the “County”), on November 6, 2012, at which the following proposition (as abbreviated pursuant to Section 13247 of the California Elections Code) was submitted to the electors of the District (the “Bond Measure”): “To improve local elementary, middle and high school classrooms, labs and learning facilities by adding classrooms to prevent school overcrowding; upgrading fire, security and earthquake safety; updating science labs, and instructional technology infrastructure for 21st-century learning; improving energy efficiency; and renovating, constructing and equipping schools, facilities and classrooms, shall San Ramon Valley Unified School District issue $260 million in bonds, at legal rates, with citizens’ oversight, annual audits, no funds for administrators’ salaries and all funds benefitting local schools?” and WHEREAS, passage of said proposition required a 55% affirmative vote of the votes cast therein, and at least 55% of the votes cast on said proposition were in favor of issuing said bonds; and WHEREAS, on March 13, 2013, pursuant to Resolution No. 35/12-13 of the Board of Education (the “Board of Education”) of the District, the District issued a portion of such bonds, designated the “San Ramon Valley Unified School District (County of Contra Costa, California) General Obligation Bonds, Election of 2012, Series 2013,” in an aggregate principal amount of $74,995,000; and WHEREAS, on April 23, 2015, pursuant to Resolution No. 51/14-15 of the Board of Education of the District, the District issued a portion of such bonds, designated the “San Ramon Valley Unified School District (County of Contra Costa, California) General Obligation Bonds, 12-4-18 BOS Minutes 989 2 4140-3505-3847.4 Election of 2012, Series 2015,” in an aggregate principal amount of $125,000,000, leaving $60,005,000 aggregate principal amount authorized but unissued under the Bond Measure; and WHEREAS, at this time, the Board of Education deems it necessary and desirable to authorize and consummate the sale of another portion of the bonds, designated the “San Ramon Valley Unified School District (County of Contra Costa, California) General Obligation Bonds, Election of 2012, Series C” (the “Series C Bonds”), with such additional or other series or subseries designations as may be approved as herein provided, in an aggregate principal amount not exceeding $60,005,000, for purposes of financing projects authorized to be financed under the Bond Measure, according to the terms and in the manner hereinafter set forth; and WHEREAS, Sections 53506 and following of the California Government Code (the “Government Code”), including Section 53508.7 thereof, provide that a school district may issue and sell bonds on its own behalf at a private or negotiated sale pursuant to Sections 15140 and 15146 of the California Education Code (the “Education Code”); and WHEREAS, Section 15140(b) of the Education Code provides that the board of supervisors of a county may authorize a school district in the county to issue and sell its own bonds without the further action of the board of supervisors or officers of the county if said school district has not received a qualified or negative certification in its most recent interim report; and WHEREAS, the District has not received a qualified or negative certification in its most recent interim report; and WHEREAS, the Series C Bonds shall be issued and sold by the District on its own behalf at a negotiated sale pursuant to authorization to be obtained from the Board of Supervisors of the County (the “Board of Supervisors”); and WHEREAS, the Board of Education has determined that securing the timely payment of the principal of and interest on the Series C Bonds by obtaining a municipal bond insurance policy with respect thereto could be economically advantageous to the District; and WHEREAS, a form of Bond Purchase Agreement (such Bond Purchase Agreement, in the form presented to this meeting, with such changes, insertions and omissions as are made pursuant to this Resolution, being referred to herein as the “Bond Purchase Agreement”) to purchase the Series C Bonds proposed to be entered into with Stifel, Nicolaus & Company, Incorporated, as underwriter (the “Underwriter”) has been prepared; and WHEREAS, Rule 15c2-12 promulgated under the Securities Exchange Act of 1934 (“Rule 15c2-12”) requires that, in order to be able to purchase or sell the Series C Bonds, the Underwriter must have reasonably determined that the issuer or other obligated person has undertaken in a written agreement or contract for the benefit of the holders of the Series C Bonds to provide disclosure of certain financial and operating information and certain enumerated events on an ongoing basis; and WHEREAS, in order to cause such requirement to be satisfied, the District desires to execute and deliver a Continuing Disclosure Certificate (such Continuing Disclosure Certificate, in the form presented to this meeting, with such changes, insertions and omissions as are made 12-4-18 BOS Minutes 990 3 4140-3505-3847.4 pursuant to this Resolution, being referred to herein as the “Continuing Disclosure Certificate”), a form of which has been prepared; and WHEREAS, the Preliminary Official Statement to be distributed in connection with the public offering of the Series C Bonds has been prepared (such Preliminary Official Statement, in the form presented to this meeting, with such changes, insertions and omissions as are made pursuant to this Resolution, being referred to herein as the “Preliminary Official Statement”); and WHEREAS, Government Code Section 5852.1 requires that the Board of Education obtain from an underwriter, financial advisor or private lender and disclose, prior to authorization of the issuance of bonds with a term of greater than 13 months, good faith estimates of the following information in a meeting open to the public: (a) the true interest cost of the bonds, (b) the sum of all fees and charges paid to third parties with respect to the bonds, (c) the amount of proceeds of the bonds expected to be received net of the fees and charges paid to third parties and any reserves or capitalized interest paid or funded with proceeds of the bonds, and (d) the sum total of all debt service payments on the bonds calculated to the final maturity of the bonds plus the fees and charges paid to third parties not paid with the proceeds of the bonds; and WHEREAS, in compliance with Government Code Section 5852.1, the Board of Education has obtained from PFM Financial Advisors LLC, as financial advisor under Education Code Section 15146(b)(1)(C) and as municipal advisor under Section 15B of the Securities Exchange Act of 1934 (the “Municipal Advisor”), and from the Underwriter the required good faith estimates and such estimates are disclosed and set forth on Exhibit A attached hereto; and WHEREAS, the District has previously adopted a local debt policy (the “Debt Management Policy”) that complies with Government Code Section 8855(i), and the District’s sale and issuance of the Series C Bonds as contemplated by this Resolution is in compliance with the Debt Management Policy; and WHEREAS, the Board of Education has been presented with the form of each document referred to herein relating to the financing contemplated hereby, and the Board of Education has examined each document and desires to approve, authorize and direct the execution of such documents and the consummation of such financing; and WHEREAS, the District desires that the County levy and collect a tax on all taxable property within the District sufficient to provide for payment of the Series C Bonds, and intends by the adoption of this Resolution to notify the Board of Supervisors of the County, the Auditor- Controller of the County, the Treasurer-Tax Collector of the County and other officials of the County that they should take such actions as shall be necessary to provide for the levy and collection of such a tax and payment of principal of and interest on the Series C Bonds, all pursuant to Sections 15250 and 15251 of the Education Code; and WHEREAS, the Board of Education, in anticipation of the issuance of the Series C Bonds, adopted Resolution No. 4/18-19 on July 31, 2018, requesting the County to levy taxes this fiscal year on behalf of the District for payment of the Series C Bonds and provided to the County a projected debt service schedule with respect to the Series C Bonds; and 12-4-18 BOS Minutes 991 4 4140-3505-3847.4 WHEREAS, all acts, conditions and things required by the Constitution and laws of the State of California to exist, to have happened and to have been performed precedent to and in connection with the consummation of the actions authorized hereby do exist, have happened and have been performed in regular and due time, form and manner as required by law, and the District is now duly authorized and empowered, pursuant to each and every requirement of law, to consummate such actions for the purpose, in the manner and upon the terms herein provided; NOW, THEREFORE, BE IT RESOLVED by the Board of Education of the San Ramon Valley Unified School District, as follows: Section 1. Recitals. All of the above recitals are true and correct and the Board of Education so finds. Section 2. Definitions. Unless the context clearly otherwise requires, the terms defined in this Section shall, for all purposes of this Resolution, have the meanings specified herein, to be equally applicable to both the singular and plural forms of any of the terms herein defined. “Auditor-Controller” means the Auditor-Controller of the County or any authorized deputy thereof. “Authorized Officers” means the President of the Board of Education, or such other member of the Board of Education as the President may designate, the Superintendent of the District, the Chief Business Officer of the District, the Assistant Superintendent, Facilities and Operations of the District, or such other officer or employee of the District as the Superintendent may designate. “Board of Education” means the Board of Education of the District. “Board of Supervisors” means the Board of Supervisors of the County. “Bond Purchase Agreement” means the Bond Purchase Agreement relating to the sale of the Series C Bonds by and between the District and the Underwriter in accordance with the provisions hereof. “Bonds” means all bonds, including refunding bonds, of the District heretofore or hereafter issued pursuant to voter-approved measures of the District, including bonds approved by the voters of the District on November 5, 2002, and pursuant to the Bond Measure, as all such Bonds are required by State law to be paid from the interest and sinking fund. “Cede & Co.” means Cede & Co., the nominee of DTC, and any successor nominee of DTC with respect to the Series C Bonds. “Code” means the Internal Revenue Code of 1986. “Continuing Disclosure Certificate” means the Continuing Disclosure Certificate executed and delivered by the District relating to the Series C Bonds. “County” means the County of Contra Costa. 12-4-18 BOS Minutes 992 5 4140-3505-3847.4 “District” means the San Ramon Valley Unified School District. “DTC” means The Depository Trust Company, a limited-purpose trust company organized under the laws of the State of New York, and its successors as securities depository for the Series C Bonds, including any such successor thereto appointed pursuant to Section 9 hereof. “Interest Payment Date” means February 1 and August 1 of each year, commencing on February 1, 2019, or such other dates as may be set forth in the Bond Purchase Agreement. “Investment Agreement” shall have the meaning set forth in Section 15 hereof. “Official Statement” means the Official Statement of the District relating to the Series C Bonds. “Opinion of Bond Counsel” means an opinion of counsel of nationally recognized standing in the field of law relating to municipal bonds. “Owner” means, with respect to any Series C Bond, the person whose name appears on the Registration Books as the registered Owner thereof. “Paying Agent” means The Bank of New York Mellon Trust Company, N.A., or any bank, trust company, national banking association or other financial institution appointed as Paying Agent to act as authenticating agent, bond registrar, transfer agent and paying agent for the Series C Bonds in accordance with Section 8 hereof. “Preliminary Official Statement” means the Preliminary Official Statement of the District relating to the Series C Bonds. “Record Date” means, with respect to any Interest Payment Date for the Series C Bonds, the 15th day of the calendar month immediately preceding such Interest Payment Date, whether or not such day is a business day, or such other date or dates as may be set forth in the Bond Purchase Agreement. “Registration Books” means the books for the registration and transfer of the Series C Bonds maintained by the Paying Agent in accordance with Section 8(d) hereof. “Series C Bonds” means the bonds authorized and issued pursuant to this Resolution, in one or more series or subseries, designated the “San Ramon Valley Unified School District (County of Contra Costa, California) General Obligation Bonds, Election of 2012, Series C,” with such additional or other series or subseries designations as may be approved as herein provided. “State” means the State of California. “Tax Certificate” means the Tax Certificate with respect to the Series C Bonds not issued as Taxable Bonds, executed by the District, dated the date of issuance of the Series C Bonds. “Tax-Exempt” means, with respect to interest on any obligations of a state or local government, that such interest is excluded from the gross income of the holders thereof for federal 12-4-18 BOS Minutes 993 6 4140-3505-3847.4 income tax purposes, whether or not such interest is includable as an item of tax preference or otherwise includable directly or indirectly for purposes of calculating other tax liabilities, including any alternative minimum tax or environmental tax under the Code. “Taxable Bonds” means those Series C Bonds the interest on which is not Tax-Exempt. “Treasurer” means Treasurer-Tax Collector of the County or any authorized deputy thereof. “Underwriter” means Stifel, Nicolaus & Company, Incorporated, as underwriter. Section 3. Authorization and Designation of Bonds. Subject to the authorization of the District by the Board of Supervisors of the County to issue and sell the Series C Bonds without the further action of the Board of Supervisors pursuant to Sections 15140 and 15146 of the Education Code, as permitted by Section 53508.7 of the Government Code, which authorization is hereby respectfully requested, the Series C Bonds described herein are being issued pursuant to the authority of Article 4.5 of Chapter 3, of Part 1 of Division 2 of Title 5 of the Government Code, and other applicable provisions of law, including applicable provisions of the Education Code. The Board of Education hereby authorizes the issuance and sale, by a negotiated sale, of not to exceed $60,005,000 aggregate principal amount of Series C Bonds. The Series C Bonds may be issued in one or more series or subseries and shall be designated “San Ramon Valley Unified School District (County of Contra Costa, California) General Obligation Bonds, Election of 2012, Series C,” with appropriate additional or other series or subseries designations as approved by an Authorized Officer. The proceeds of the Series C Bonds, exclusive of any premium and accrued interest received, shall be applied to finance projects authorized to be financed under the Bond Measure. Section 4. Form of Bonds; Execution. (a) Form of Series C Bonds. The Series C Bonds shall be issued in fully registered form without coupons. The Series C Bonds and the certificate of authentication and registration and the form of assignment to appear on each of them, shall be in substantially the form attached hereto as Exhibit B, with necessary or appropriate variations, omissions and insertions as permitted or required by this Resolution. (b)Execution of Bonds. The Series C Bonds shall be signed by the manual or facsimile signatures of the President of the Board of Education, and countersigned by the manual or facsimile signature of the Clerk of the Board of Education. The Series C Bonds shall be authenticated by a manual signature of a duly authorized signatory of the Paying Agent. (c)Valid Authentication. Only such of the Series C Bonds as shall bear thereon a certificate of authentication and registration as described in subsection (a) of this Section, executed by the Paying Agent, shall be valid or obligatory for any purpose or entitled to the benefits of this Resolution, and such certificate of authentication and registration shall be conclusive evidence that the Series C Bonds so authenticated have been duly authenticated and delivered hereunder and are entitled to the benefits of this Resolution. (d)Identifying Number. The Paying Agent shall assign each Series C Bond authenticated and registered by it a distinctive letter, or number, or letter and number, and shall maintain a record thereof at its principal office, which record shall be available to the District and the County for inspection. 12-4-18 BOS Minutes 994 7 4140-3505-3847.4 Section 5. Terms of Bonds. (a) Date of Series C Bonds. The Series C Bonds shall be dated the date of their delivery, or such other date as shall be set forth in the Bond Purchase Agreement. (b)Denominations. The Series C Bonds shall be issued in denominations of $5,000 principal amount or any integral multiple thereof. (c)Maturity. The Series C Bonds shall mature on the date or dates, in each of the years, in the principal amounts and in the aggregate principal amount as shall be set forth in the Bond Purchase Agreement. No Series C Bond shall mature later than the date which is 25 years from the date of the Series C Bonds, to be determined as provided in subsection (a) of this Section. No Series C Bond shall have principal maturing on more than one principal maturity date. (d)Interest. The Series C Bonds shall bear interest at an interest rate or rates not to exceed 8.00% per annum, payable on the Interest Payment Dates in each year computed on the basis of a 360-day year of twelve 30-day months. Each Series C Bond shall bear interest from the Interest Payment Date next preceding the date of authentication thereof, unless it is authenticated after the close of business on a Record Date and on or prior to the succeeding Interest Payment Date, in which event it shall bear interest from such Interest Payment Date, or unless it is authenticated on or before the Record Date preceding the first Interest Payment Date, in which event it shall bear interest from its dated date; provided, however, that if, at the time of authentication of any Series C Bond, interest is in default on any outstanding Series C Bonds, such Series C Bond shall bear interest from the Interest Payment Date to which interest has previously been paid or made available for payment on the outstanding Series C Bonds. (e)Interest; Tax-Exempt or Taxable. Each series of Series C Bonds may be issued such that the interest on such series of Series C Bonds is Tax-Exempt or such that the interest on such series of Series C Bonds is not Tax-Exempt. The Board of Education hereby finds and determines that, pursuant to Section 5903 of the Government Code, the interest payable on each series of Series C Bonds issued as Taxable Bonds will be subject to federal income taxation under the Code in existence on the date of issuance of such series of Series C Bonds. Section 6. Payment of Bonds. (a) Request for Tax Levy. The money for the payment of principal, redemption premium, if any, and interest on the Series C Bonds shall be raised by taxation upon all taxable property in the District and provision shall be made for the levy and collection of such taxes in the manner provided by law and for such payment out of the interest and sinking fund of the District. The Board of Supervisors and officers of the County are obligated by statute to provide for the levy and collection of property taxes in each year sufficient to pay all principal and interest coming due on the Series C Bonds in such year, and to pay from such taxes all amounts due on the Series C Bonds. The District hereby requests the Board of Supervisors to annually levy a tax upon all taxable property in the District sufficient to redeem the Series C Bonds, and to pay the principal, redemption premium, if any, and interest thereon, and all fees and expenses of the Paying Agent as permitted by Section 15232 of the Education Code, as and when the same become due. (b)Principal. The principal of the Series C Bonds shall be payable in lawful money of the United States of America to the Owner thereof, upon the surrender thereof at the principal corporate trust office of the Paying Agent. 12-4-18 BOS Minutes 995 8 4140-3505-3847.4 (c)Interest; Record Date. The interest on the Series C Bonds shall be payable on each Interest Payment Date in lawful money of the United States of America to the Owner thereof as of the Record Date preceding such Interest Payment Date, such interest to be paid by check or draft mailed on such Interest Payment Date (if a business day, or on the next business day if the Interest Payment Date does not fall on a business day) to such Owner at such Owner’s address as it appears on the Registration Books or at such address as the Owner may have filed with the Paying Agent for that purpose except that the payment shall be made by wire transfer of immediately available funds to any Owner of at least $1,000,000 of outstanding Series C Bonds who shall have requested in writing such method of payment of interest prior to the close of business on the Record Date immediately preceding any Interest Payment Date. (d)Interest and Sinking Fund. Principal and interest due on the Series C Bonds shall be paid from the interest and sinking fund of the District as provided in Section 15146 of the Education Code. (e)Obligation of the District. No part of any fund or account of the County is pledged or obligated to the payment of the Series C Bonds. The obligation for repayment of the Series C Bonds is the sole obligation of the District. (f)Pledge of Taxes. The District hereby pledges all revenues from the property taxes collected from the levy by the Board of Supervisors of the County for the payment of Bonds of the District and amounts on deposit in the interest and sinking fund of the District to the payment of the principal or redemption price of and interest on the Bonds. This pledge shall be valid and binding from the date hereof for the benefit of the owners of the Bonds and successors thereto. The property taxes and amounts held in the interest and sinking fund of the District shall be immediately subject to this pledge, and the pledge shall constitute a lien and security interest which shall immediately attach to the property taxes and amounts held in the interest and sinking fund of the District to secure the payment of the Bonds and shall be effective, binding, and enforceable against the District, its successors, creditors and all others irrespective of whether those parties have notice of the pledge and without the need of any physical delivery, recordation, filing, or further act. The pledge is an agreement between the District and the owners of Bonds to provide security for the Bonds in addition to any statutory lien that may exist, and the Bonds secured by the pledge are or were issued to finance one or more of the projects specified in the applicable voter-approved measure. (g)Insurance. The payment of principal of and interest on all or a portion of the Series C Bonds may be secured by a municipal bond insurance policy as shall be described in the Bond Purchase Agreement. The Bond Purchase Agreement may provide that no municipal bond insurance policy shall be obtained. The Authorized Officers are each hereby authorized and directed to qualify the District for municipal bond insurance for the Series C Bonds and authorize that such insurance be obtained if the present value cost of such insurance is less than the present value of the estimated interest savings with respect to the Series C Bonds. The Authorized Officers are each hereby authorized and directed, for and in the name and on behalf of the District, to execute and deliver a contract or contracts for such insurance if such contract is deemed by the Authorized Officer executing the same to be in the best interests of the District, such determination to be conclusively evidenced by such Authorized Officer’s execution and delivery of such contract. If the Authorized Officers so deem and obtain municipal bond insurance, and such insurance is 12-4-18 BOS Minutes 996 9 4140-3505-3847.4 issued by a mutual insurance company, the Authorized Officers are each hereby authorized and directed to enter into any required mutual insurance agreement substantially in such insurer’s standard form with such changes, insertions and omissions therein as the Authorized Officer executing the same may require or approve, such requirement or approval to be conclusively evidenced by the execution of such agreement by such Authorized Officer. Section 7. Redemption Provisions. (a) Optional Redemption. The Series C Bonds may be subject to redemption, at the option of the District, on the dates and terms as shall be designated in the Bond Purchase Agreement. The Bond Purchase Agreement may provide that the Series C Bonds shall not be subject to optional redemption. (b)Selection. If less than all of the Series C Bonds, if any, are subject to such redemption and are called for redemption, such Series C Bonds shall be redeemed in inverse order of maturities or as otherwise directed by the District (or as otherwise set forth in the Bond Purchase Agreement), and if less than all of the Series C Bonds of any given maturity are called for redemption, the portions of such bonds of a given maturity to be redeemed shall be determined by lot (or as otherwise set forth in the Bond Purchase Agreement). (c)Mandatory Sinking Fund Redemption. The Series C Bonds, if any, which are designated in the Bond Purchase Agreement as term bonds shall also be subject to redemption prior to their stated maturity dates, without a redemption premium, in part by lot (or as otherwise set forth in the Bond Purchase Agreement), from mandatory sinking fund payments in the amounts and in accordance with the terms to be specified in the Bond Purchase Agreement. Unless otherwise provided in the Bond Purchase Agreement, the principal amount of each mandatory sinking fund payment of any maturity shall be reduced proportionately or as otherwise directed by the District by the amount of any Series C Bonds of that maturity redeemed in accordance with subsection (a) of this Section prior to the mandatory sinking fund payment date. The Bond Purchase Agreement may provide that the Series C Bonds shall not be subject to mandatory sinking fund redemption. The Auditor-Controller is hereby authorized to create such sinking funds or accounts for the term Series C Bonds as shall be necessary to accomplish the purposes of this Section. (d)Notice of Redemption. Notice of any redemption of the Series C Bonds shall be mailed by the Paying Agent, postage prepaid, not less than 30 nor more than 60 days prior to the redemption date (i) by first class mail to the County and the respective Owners thereof at the addresses appearing on the Registration Books, and (ii) as may be further required in accordance with the Continuing Disclosure Certificate. Each notice of redemption shall state (i) the date of such notice; (ii) the name of the Series C Bonds and the date of issue of the Series C Bonds; (iii) the redemption date; (iv) the redemption price; (v) the series of Series C Bonds and the dates of maturity or maturities of Series C Bonds to be redeemed; (vi) if less than all of the Series C Bonds of a series of any maturity are to be redeemed, the distinctive numbers of the Series C Bonds of each maturity of such series to be redeemed; (vii) in the case of Series C Bonds of a series redeemed in part only, the respective portions of the principal amount of the Series C Bonds of each maturity of such series to be redeemed; (viii) the CUSIP number, if any, of each maturity of Series C Bonds of a series to be redeemed; (ix) a statement that such Series C Bonds must be surrendered by the Owners at the 12-4-18 BOS Minutes 997 10 4140-3505-3847.4 principal corporate trust office of the Paying Agent, or at such other place or places designated by the Paying Agent; (x) notice that further interest on such Series C Bonds will not accrue after the designated redemption date; and (xi) in the case of a conditional notice, that such notice is conditioned upon certain circumstances and the manner of rescinding such conditional notice. (e)Effect of Notice. A certificate of the Paying Agent that notice of redemption has been given to Owners as herein provided shall be conclusive as against all parties. Neither the failure to receive the notice of redemption as provided in this Section, nor any defect in such notice shall affect the sufficiency of the proceedings for the redemption of the Series C Bonds or the cessation of interest on the date fixed for redemption. When notice of redemption has been given substantially as provided for herein, and when the redemption price of the Series C Bonds called for redemption is set aside for the purpose as described in subsection (g) of this Section, the Series C Bonds designated for redemption shall become due and payable on the specified redemption date and interest shall cease to accrue thereon as of the redemption date, and upon presentation and surrender of such Series C Bonds at the place specified in the notice of redemption, such Series C Bonds shall be redeemed and paid at the redemption price thereof out of the money provided therefor. The Owners of such Series C Bonds so called for redemption after such redemption date shall be entitled to payment thereof only from the interest and sinking fund or the trust fund established for such purpose. All Series C Bonds redeemed shall be cancelled forthwith by the Paying Agent and shall not be reissued. (f)Right to Rescind Notice. The District may rescind any optional redemption and notice thereof for any reason on any date prior to the date fixed for redemption by causing written notice of the rescission to be given to the owners of the Series C Bonds so called for redemption. Any optional redemption and notice thereof shall be rescinded if for any reason on the date fixed for redemption moneys are not available in the interest and sinking fund or otherwise held in trust for such purpose in an amount sufficient to pay in full on said date the principal of, interest, and any premium due on the Series C Bonds called for redemption. Notice of rescission of redemption shall be given in the same manner in which notice of redemption was originally given. The actual receipt by the owner of any Series C Bond of notice of such rescission shall not be a condition precedent to rescission, and failure to receive such notice or any defect in such notice shall not affect the validity of the rescission. (g)Funds for Redemption. Prior to or on the redemption date of any Series C Bonds there shall be available in the interest and sinking fund of the District, or held in trust for such purpose as provided by law, monies for the purpose and sufficient to redeem, at the redemption prices as in this Resolution provided, the Series C Bonds designated in the notice of redemption. Such monies shall be applied on or after the redemption date solely for payment of principal of, interest and premium, if any, on the Series C Bonds to be redeemed upon presentation and surrender of such Series C Bonds, provided that all monies in the interest and sinking fund of the District shall be used for the purposes established and permitted by law. Any interest due on or prior to the redemption date shall be paid from the interest and sinking fund of the District, unless otherwise provided to be paid from such monies held in trust. If, after all of the Series C Bonds have been redeemed and cancelled or paid and cancelled, there are monies remaining in the interest and sinking fund of the District or otherwise held in trust for the payment of redemption price of the Series C Bonds, the monies shall be held in or returned or transferred to the interest and sinking 12-4-18 BOS Minutes 998 11 4140-3505-3847.4 fund of the District for payment of any outstanding bonds of the District payable from such fund; provided, however, that if the monies are part of the proceeds of bonds of the District, the monies shall be transferred to the fund created for the payment of principal of and interest on such bonds. If no such bonds of the District are at such time outstanding, the monies shall be transferred to the general fund of the District as provided and permitted by law. (h)Defeasance of Bonds. If at any time the District shall pay or cause to be paid or there shall otherwise be paid to the Owners of any or all of the outstanding Series C Bonds all or any part of the principal, interest and premium, if any, on the Series C Bonds at the times and in the manner provided herein and in the Series C Bonds, or as provided in the following paragraph, or as otherwise provided by law consistent herewith, then such Owners shall cease to be entitled to the obligation of the District and the County as provided in Section 6 hereof, and such obligation and all agreements and covenants of the District and of the County to such Owners hereunder and under the Series C Bonds shall thereupon be satisfied and discharged and shall terminate, except only that the District shall remain liable for payment of all principal, interest and premium, if any, represented by the Series C Bonds, but only out of monies on deposit in the interest and sinking fund or otherwise held in trust for such payment; and provided further, however, that the provisions of subsection (i) of this Section shall apply in all events. For purposes of this Section, the District may pay and discharge any or all of the Series C Bonds by depositing in trust with the Paying Agent or an escrow agent selected by the District, at or before maturity, money or non-callable direct obligations of the United States of America (including zero interest bearing State and Local Government Series) or other non-callable obligations the payment of the principal of and interest on which is guaranteed by a pledge of the full faith and credit of the United States of America, in an amount which will, together with the interest to accrue thereon and available monies then on deposit in the interest and sinking fund of the District, be fully sufficient to pay and discharge the indebtedness on such Series C Bonds (including all principal, interest and redemption premiums) at or before their respective maturity dates. (i)Unclaimed Monies. Any money held in any fund created pursuant to this Resolution, or by the Paying Agent or an escrow agent in trust, for the payment of the principal of, redemption premium, if any, or interest on the Series C Bonds and remaining unclaimed for two years after the principal of all of the Series C Bonds has become due and payable (whether by maturity or upon prior redemption) shall be transferred to the interest and sinking fund of the District for payment of any outstanding bonds of the District payable from the fund; or, if no such bonds of the District are at such time outstanding, the monies shall be transferred to the general fund of the District as provided and permitted by law. Section 8. Paying Agent. (a) Appointment; Payment of Fees and Expenses. This Board of Education does hereby consent to and confirm the appointment of The Bank of New York Mellon Trust Company, N.A., to act as the initial paying agent for the Series C Bonds. All fees and expenses of the Paying Agent shall be the sole responsibility of the District, and to the extent not paid from the proceeds of sale of the Series C Bonds, or from the interest and sinking fund of the District, insofar as permitted by law, including specifically by Section 15232 of the Education Code, such fees and expenses shall be paid by the District. 12-4-18 BOS Minutes 999 12 4140-3505-3847.4 (b)Resignation, Removal and Replacement of Paying Agent. The Paying Agent initially appointed or any successor Paying Agent may resign from service as Paying Agent and may be removed at any time by the District as provided in the Paying Agent’s service agreement. If at any time the Paying Agent shall resign or be removed, the District shall appoint a successor Paying Agent, which shall be any bank, trust company, national banking association or other financial institution doing business in and having a corporate trust office in California, with at least $100,000,000 in net assets. (c)Principal Corporate Trust Office. The initial Paying Agent, and any successor Paying Agent, shall designate each place or places where it will conduct the functions of transfer, registration, exchange, payment, and surrender of the Series C Bonds, and any reference herein to the “principal corporate trust office” of the Paying Agent shall mean the office so designated for a particular purpose. If no office is so designated for a particular purpose, such functions shall be conducted at the office of The Bank of New York Mellon Trust Company, N.A., in Dallas, Texas, or the principal corporate trust office of any successor Paying Agent. (d)Registration Books. The Paying Agent shall keep or cause to be kept at its principal corporate trust office sufficient books for the registration and transfer of the Series C Bonds, which shall at all times be open to inspection by the District and the County, and, upon presentation for such purpose, the Paying Agent shall, under such reasonable regulations as it may prescribe, register or transfer or cause to be registered or transferred on the Registration Books, Series C Bonds as provided in Sections 9 and 10 hereof. The Paying Agent shall keep accurate records of all funds administered by it and of all Series C Bonds paid and discharged by it. Such records shall be provided, upon reasonable request, to the District in a format mutually agreeable to the Paying Agent and the District. (e)Merger or Consolidation. Any bank, national banking association or trust company into which the Paying Agent may be merged or converted or with which it may be consolidated or any bank, national banking association or trust company resulting from any merger, conversion or consolidation to which it shall be a party or any bank, national banking association or trust company to which the Paying Agent may sell or transfer all or substantially all of its corporate trust business, provided such bank, national banking association or trust company shall be eligible under subsection (b) of this Section shall be the successor to such Paying Agent, without the execution or filing of any instrument or any further act, deed or conveyance on the part of any of the parties hereto, anything herein to the contrary notwithstanding. Section 9. Transfer Under Book-Entry System; Discontinuation of Book-Entry System. (a) Appointment of Depository; Book-Entry System. Unless otherwise specified in the Bond Purchase Agreement, DTC is hereby appointed depository for each series of the Series C Bonds and the Series C Bonds shall be issued in book-entry form only, and shall be initially registered in the name of “Cede & Co.,” as nominee of DTC. One bond certificate shall be issued for each maturity of each series or subseries of the Series C Bonds; provided, however, that if different CUSIP numbers are assigned to Series C Bonds of a series or subseries maturing in a single year or, if Series C Bonds of the same series or subseries maturing in a single year are issued with different interest rates, additional bond certificates shall be prepared for each such maturity. Registered ownership of such Series C Bonds of each such maturity, or any portion thereof, may not thereafter be transferred except as provided in this Section or Section 10 hereof: 12-4-18 BOS Minutes 1000 13 4140-3505-3847.4 (i) To any successor of DTC, or its nominee, or to any substitute depository designated pursuant to clause (ii) of this Section (a “substitute depository”); provided, however that any successor of DTC, as nominee of DTC or substitute depository, shall be qualified under any applicable laws to provide the services proposed to be provided by it; (ii) To any substitute depository not objected to by the District, upon (1) the resignation of DTC or its successor (or any substitute depository or its successor) from its functions as depository, or (2) a determination by the District to substitute another depository for DTC (or its successor) because DTC or its successor (or any substitute depository or its successor) is no longer able to carry out its functions as depository; provided, that any such substitute depository shall be qualified under any applicable laws to provide the services proposed to be provided by it; or (iii) To any person as provided below, upon (1) the resignation of DTC or its successor (or substitute depository or its successor) from its functions as depository; provided that no substitute depository which is not objected to by the District can be obtained, or (2) a determination by the District that it is in the best interests of the District to remove DTC or its successor (or any substitute depository or its successor) from its functions as depository. (b)Transfers. In the case of any transfer pursuant to clause (i) or clause (ii) of subsection (a) of this Section, upon receipt of the outstanding Series C Bonds by the Paying Agent, together with a written request of the District to the Paying Agent, a new Series C Bond for each maturity shall be executed and delivered (in the aggregate principal amount of such Series C Bonds then outstanding), registered in the name of such successor or such substitute depository, or their nominees, as the case may be, all as specified in such written request of the District. In the case of any transfer pursuant to clause (iii) of subsection (a) of this Section, upon receipt of the outstanding Series C Bonds by the Paying Agent together with a written request of the District to the Paying Agent, new Series C Bonds shall be executed and delivered in such denominations, numbered in the manner determined by the Paying Agent, and registered in the names of such persons, as are requested in such written request of the District, subject to the limitations of Section 5 hereof and the receipt of such a written request of the District, and thereafter, the Series C Bonds shall be transferred pursuant to the provisions set forth in Section 10 hereof; provided, however, that the Paying Agent shall not be required to deliver such new Series C Bonds within a period of less than 60 days after the receipt of any such written request of the District. (c)Partial or Advance Refundings. In the case of partial redemption or an advance refunding of the Series C Bonds evidencing all or a portion of the principal amount then outstanding, DTC shall make an appropriate notation on the Series C Bonds indicating the date and amounts of such reduction in principal. (d)Treatment of Registered Owner. The District and the Paying Agent shall be entitled to treat the person in whose name any Series C Bond is registered as the owner thereof, notwithstanding any notice to the contrary received by the District or the Paying Agent; and the District and the Paying Agent shall have no responsibility for transmitting payments to, communicating with, notifying, or otherwise dealing with any beneficial owners of the Series C Bonds, and neither the District nor the Paying Agent shall have any responsibility or obligation, 12-4-18 BOS Minutes 1001 14 4140-3505-3847.4 legal or otherwise, to the beneficial owners or to any other party, including DTC or its successor (or substitute depository or its successor), except for the Owner of any Series C Bonds. (e)Form of Payment. So long as the outstanding Series C Bonds are registered in the name of Cede & Co. or its registered assigns, the District and the Paying Agent shall cooperate with Cede & Co., as sole registered Owner, or its registered assigns in effecting payment of the principal of and interest on the Series C Bonds by arranging for payment in such manner that funds for such payments are properly identified and are made immediately available on the date they are due. Section 10. Transfer and Exchange. (a) Transfer. Following the termination or removal of DTC or successor depository pursuant to Section 9 hereof, any Series C Bond may, in accordance with its terms, be transferred, upon the Registration Books, by the Owner thereof, in person or by the duly authorized attorney of such Owner, upon surrender of such Series C Bond to the Paying Agent for cancellation, accompanied by delivery of a duly executed written instrument of transfer in a form approved by the Paying Agent. Whenever any Series C Bond or Series C Bonds shall be surrendered for transfer, the designated District officials shall execute and the Paying Agent shall authenticate and deliver, as provided in Section 4 hereof, a new Series C Bond or Series C Bonds, of the same maturity, Interest Payment Date and interest rate or rates (for a like aggregate principal amount). The Paying Agent may require the payment by any Owner of Series C Bonds requesting any such transfer of any tax or other governmental charge required to be paid with respect to such transfer. No transfer of any Series C Bond shall be required to be made by the Paying Agent (i) during the period established by the Paying Agent for selection of the Series C Bonds for redemption, and (ii) after any Series C Bond has been selected for redemption. (b)Exchange. The Series C Bonds may be exchanged for Series C Bonds of other authorized denominations of the same maturity, Interest Payment Date and interest rate or rates, by the Owner thereof, in person or by the duly authorized attorney of such Owner, upon surrender of such Series C Bond to the Paying Agent for cancellation, accompanied by delivery of a duly executed request for exchange in a form approved by the Paying Agent. Whenever any Series C Bond or Series C Bonds shall be surrendered for exchange, the designated District officials shall execute and the Paying Agent shall authenticate and deliver, as provided in Section 4 hereof, a new Series C Bond or Series C Bonds of the same maturity and interest payment mode and interest rate or rates (for a like aggregate principal amount). The Paying Agent may require the payment by the Owner requesting such exchange of any tax or other governmental charge required to be paid with respect to such exchange. No exchange of any Series C Bonds shall be required to be made by the Paying Agent (i) during the period established by the Paying Agent for selection of the Series C Bonds for redemption, and (ii) after any Series C Bond has been selected for redemption. Section 11. Bond Purchase Agreement; Sale of Bonds. (a) Bond Purchase Agreement. The form of Bond Purchase Agreement, in substantially the form submitted to this meeting and made a part hereof as though set forth herein, is hereby approved, and the Authorized Officers are 12-4-18 BOS Minutes 1002 15 4140-3505-3847.4 each hereby authorized and directed, for and in the name and on behalf of the District, to execute and deliver the Bond Purchase Agreement in substantially said form, with such changes, insertions and omissions therein as the Authorized Officer executing the same may require or approve, such approval to be conclusively evidenced by the execution and delivery thereof; provided, however, that (a) the true interest cost for the Series C Bonds shall not be in excess of 3.50%, (b) the interest rates on the Series C Bonds shall not exceed 8.00% per annum, (c) the ratio of total debt service to principal of the Series C Bonds shall not exceed four to one, (d) the Underwriter’s discount for the sale of Series C Bonds shall not exceed 0.275% of the principal amount of such Series C Bonds (exclusive of any costs of issuance the Underwriter contracts to pay), and (e) the Series C Bonds shall otherwise conform to the limitations specified herein. The Bond Purchase Agreement shall recite the aggregate principal amount of the Series C Bonds, and the date thereof, the maturity dates, principal amounts and annual rates of interest of each maturity thereof, the initial and semiannual Interest Payment Dates thereof, and the terms of optional and mandatory sinking fund redemption thereof, if any. (b) Method of Sale. The Board of Education hereby finds and determines that the sale of the Series C Bonds at negotiated sale as contemplated herein and by the Bond Purchase Agreement will provide more flexibility in the timing of the sale, an ability to implement the sale in a shorter time period, an increased ability to structure the Series C Bonds to fit the needs of particular purchasers, and greater opportunity for the Underwriter to pre-market the Series C Bonds to potential purchasers prior to the sale, all of which will contribute to the District’s goal of achieving the lowest overall cost of funds. (c) Reserves and Capitalized Interest. In accordance with subsections (i) and (j) of Section 15146 of the Education Code, the Authorized Officers are each hereby authorized to cause to be deposited in the interest and sinking fund of the District proceeds of sale of the Series C Bonds (in addition to any premium or accrued interest received) to fund (i) an annual reserve permitted by Section 15250 of the Education Code, and/or (ii) capitalized interest in an amount not exceeding the interest scheduled to become due on the Series C Bonds for a period of two years from the date of issuance of the Series C Bonds, as shall be set forth in the Bond Purchase Agreement, if any such a deposit is deemed by the Authorized Officer executing the same to be in the best interests of the District. (d) Good Faith Estimates. In accordance with Government Code Section 5852.1 and subsection (b) of Section 15146 of the Education Code, good faith estimates of the following have been obtained from the Municipal Advisor and the Underwriter and are set forth on Exhibit A attached hereto: (a) the true interest cost of the Series C Bonds, (b) the sum of all fees and charges paid to third parties with respect to the Series C Bonds, (c) the amount of proceeds of the Series C Bonds expected to be received net of the fees and charges paid to third parties and any reserves or capitalized interest paid or funded with proceeds of the Series C Bonds, and (d) the sum total of all debt service payments on the Series C Bonds calculated to the final maturity of the Series C Bonds plus the fees and charges paid to third parties not paid with the proceeds of the Series C Bonds. In accordance with Section 15146(b)(4) of the Education Code, the actual costs associated with the issuance of the Series C Bonds shall be presented to this Board of Education at its next scheduled public meeting following the sale of the Series C Bonds. 12-4-18 BOS Minutes 1003 16 4140-3505-3847.4 (e) Costs of Issuance. In accordance with subsection (h) of Section 15146 of the Education Code, to the extent not contracted to be paid by the Underwriter, the Authorized Officers are each hereby authorized to cause to be deposited in a costs of issuance account, which may be held by a bank, national banking association or trust company meeting the qualifications necessary to be a paying agent set forth in Section 8, as cost of issuance administrator, proceeds of sale of the Series C Bonds (exclusive of any premium or accrued interest received) in an amount not exceeding 2.00% of the principal amount of the Series C Bonds sold, as shall be set forth in the Bond Purchase Agreement, for the purposes of paying the costs associated with the issuance of the Series C Bonds. Section 12. Continuing Disclosure Certificate. The Continuing Disclosure Certificate, in substantially the form submitted to this meeting and made a part hereof as though set forth herein, is hereby approved, and the Authorized Officers are each hereby authorized and directed, for and in the name and on behalf of the District, to execute and deliver the Continuing Disclosure Certificate in substantially said form, as is necessary to cause the requirements of Rule 15c2-12 to be satisfied, with such changes, insertions and omissions as the Authorized Officer executing the same may require or approve, such determination, requirement or approval to be conclusively evidenced by the execution of the Continuing Disclosure Certificate by such Authorized Officer. Section 13. Preliminary Official Statement. The Preliminary Official Statement to be distributed in connection with the public offering of the Series C Bonds, in substantially the form submitted to this meeting and made a part hereof as though set forth herein, with such changes, insertions and omissions as may be approved by an Authorized Officer, is hereby approved, and the use of such Preliminary Official Statement in connection with the offering and sale of the Series C Bonds is hereby authorized and approved. The Authorized Officers are each hereby authorized to certify on behalf of the District that such Preliminary Official Statement is deemed final as of its date, within the meaning of Rule 15c2-12 (except for the omission of certain final pricing, rating and related information as permitted by Rule 15c2-12). Section 14. Official Statement. The preparation and delivery of an Official Statement with respect to the Series C Bonds, and its use by the Underwriter in connection with the offering and sale of the Series C Bonds, is hereby authorized and approved. Such Official Statement shall be in substantially the form of the Preliminary Official Statement distributed in connection with the public offering of the Series C Bonds with such changes, insertions and omissions as may be approved by an Authorized Officer, such approval to be conclusively evidenced by the execution and delivery thereof. The Authorized Officers are each hereby authorized and directed, for and in the name of and on behalf of the District, to execute the final Official Statement with respect to the Series C Bonds and any amendment or supplement thereto and thereupon to cause such final Official Statement and any such amendment or supplement to be delivered to the Underwriter. Section 15. Investment of Proceeds. (a) Deposit of Proceeds. As provided in subsection (g) of Section 15146 of the Education Code, (i) the proceeds of the sale of the Series C Bonds, exclusive of any premium or accrued interest received, shall be deposited in the County treasury to the credit of the building fund of the District, (ii) the proceeds deposited in the building fund of the District shall be drawn out as other school moneys are drawn out, and (iii) the bond proceeds withdrawn shall not be applied to any purposes other than those for which the Series C Bonds were issued. In accordance with subsection (g) of Section 15146 of the Education Code, at no time shall 12-4-18 BOS Minutes 1004 17 4140-3505-3847.4 the proceeds of the Series C Bonds be withdrawn by the District for investment outside the County treasury. Amounts in the building fund of the District shall be invested so as to be available for the aforementioned disbursements and the District shall keep a written record of such disbursements. Pursuant to subsection (g) of Section 15146 of the Education Code, any premium or accrued interest received by the District from the sale of the Series C Bonds, shall be deposited in the interest and sinking fund of the District. (b)Investment of Proceeds. All funds held in the interest and sinking fund of the District shall be invested at the sole discretion of the Treasurer of the County pursuant to State law, including Government Code Section 53601 et. seq., and the investment policy of the County, as either may be amended or supplemented from time to time. Proceeds of the Series C Bonds held in the building fund of the District shall be invested at the sole discretion of the Treasurer of the County pursuant to State law, including Government Code Section 53601 et. seq., and the investment policy of the County, as either may be amended or supplemented from time to time. (c)Investment Agreements. To the extent permitted by law, at the written request of an Authorized Officer, each of whom is hereby expressly authorized to make such request, all or any portion of the building fund of the District may be invested on behalf of the District, in investment agreements, including guaranteed investment contracts, float contracts or other investment products (collectively, “Investment Agreements”), which comply with the requirements of each rating agency then rating the Series C Bonds necessary in order to maintain the then-current rating on the Series C Bonds. Pursuant to Section 5922 of the Government Code, the Board of Education hereby finds and determines that the Investment Agreements will reduce the amount and duration of interest rate risk with respect to amounts invested pursuant to the Investment Agreements and are designed to reduce the amount or duration of payment, rate, spread or similar risk or result in a lower cost of borrowing when used in combination with the Series C Bonds or enhance the relationship between risk and return with respect to investments of proceeds of the Series C Bonds and funds held to pay the Series C Bonds. Section 16. Tax Covenants. (a) General. The District shall not take any action, or fail to take any action, if such action or failure to take such action would adversely affect the exclusion from gross income of the interest payable on a Tax-Exempt series of Series C Bonds under Section 103 of the Code. Without limiting the generality of the foregoing, the District hereby covenants that it will comply with the requirements of the Tax Certificate to be executed by the District on the date of issuance of each Tax-Exempt series of Series C Bonds. The provisions of this subsection (a) shall survive payment in full or defeasance of the Series C Bonds. (b)Yield Restriction. In the event that at any time the District is of the opinion that for purposes of this Section it is necessary or helpful to restrict or limit the yield on the investment of any monies held by the Treasurer of the County on behalf of the District, in accordance with this Resolution or pursuant to law, the District shall so request of the Treasurer in writing, and the District shall make its best efforts to ensure that the Treasurer shall take such action as may be necessary in accordance with such instructions. (c)Reliance on Opinion of Bond Counsel. Notwithstanding any provision of this Section, if the District shall provide to the Treasurer of the County an Opinion of Bond Counsel that any specified action required under this Section is no longer required or that some further or 12-4-18 BOS Minutes 1005 18 4140-3505-3847.4 different action is required to maintain the exclusion from federal income tax of interest on Series C Bonds not issued as Taxable Bonds under Section 103 of the Code, the Treasurer may conclusively rely on such Opinion of Bond Counsel in complying with the requirements of this Section and of each Tax Certificate with respect to the Series C Bonds not issued as Taxable Bonds, and the covenants hereunder shall be deemed to be modified to that extent. Section 17. Professional Services. PFM Financial Advisors LLC, shall serve as Municipal Advisor to the District for the Series C Bonds. Orrick, Herrington & Sutcliffe LLP shall serve as bond counsel and disclosure counsel to the District for the Series C Bonds. Stifel, Nicolaus & Company, Incorporated, shall serve as Underwriter for the Series C Bonds. Section 18. Delegation of Authority. The Authorized Officers are hereby authorized and directed, jointly and severally, to do any and all things which they may deem necessary or advisable in order to consummate the transactions herein authorized and otherwise to carry out, give effect to and comply with the terms and intent of this Resolution, including, without limitation negotiating the terms of the insurance policy, if any, referred to herein. Section 19. Approval of Actions. All actions heretofore taken by the officers, employees and agents of the District with respect to the transactions set forth above are hereby approved, confirmed and ratified. Section 20. Debt Management Policy; Notice to California Debt and Investment Advisory Commission. With the passage of this Resolution, the Board of Education hereby certifies that the Debt Management Policy complies with Government Code Section 8855(i), and that the Series C Bonds authorized to be issued pursuant to this Resolution are consistent with such policy, and instructs Bond Counsel, on behalf of the District, with respect to each series of Series C Bonds issued pursuant to this Resolution, (a) to cause notices of the proposed sale and final sale of the Series C Bonds to be filed in a timely manner with the California Debt and Investment Advisory Commission pursuant to Government Code Section 8855, and (b) to check, on behalf of the District, the “Yes” box relating to such certifications in the notice of proposed sale filed pursuant to Government Code Section 8855. Section 21. Filing with County. The Superintendent, or such other officer or employee of the District as the Superintendent may designate, is hereby authorized and directed to report to the Auditor-Controller of the County the final terms of sale of the Series C Bonds, and to file with the Auditor-Controller and with the Treasurer of the County a copy of the executed Bond Purchase Agreement and this Resolution, and the schedule of amortization of the principal of and payment of interest on the Series C Bonds, and to file with the Treasurer of the County a proposed schedule of draws on the building fund of the District, and this Resolution shall serve as the notice required to be given by Section 15140(c) of the Education Code and as the District’s request to the Auditor- Controller of the County and the Board of Supervisors of the County to propose and adopt in each year a tax rate applicable to all taxable property of the District for payment of the Series C Bonds, pursuant to law; and to the other officers of the County to levy and collect said taxes for the payment of the Series C Bonds, to pay in a timely manner to the Paying Agent on behalf of the Owners of the Series C Bonds the principal, interest, and premium, if any, due on the Series C Bonds in each year, and to create in the County treasury to the credit of the District a building fund and an interest and sinking fund pursuant to Section 15146 of the Education Code. 12-4-18 BOS Minutes 1006 19 4140-3505-3847.4 Section 22. Contract with Bondholders. The provisions of this Resolution shall be a contract with each and every owner of Bonds and the duties of the District and of the Board of Education and the officers of the District shall be enforceable by any owner of Bonds by mandamus or other appropriate suit, action or proceeding in any court of competent jurisdiction. Section 23. Amendments. This Resolution may be modified or amended without the consent of the Owners in order to cure ambiguities or provide clarification, provided that such modification or amendment does not materially adversely affect the rights of owners of Bonds. For any other purpose, this Resolution may be modified or amended only with the consent of the Owners of a majority of the aggregate principal amount of all Series C Bonds then outstanding; provided that any such modification or amendment to Section 6(f) or Section 22 shall require the consent of the owners of a majority of the aggregate principal amount of all Bonds then outstanding. No such modification or amendment shall extend the maturity of, reduce the interest rate or redemption premium on or principal amount of any Series C Bond or reduce the percentage of consent required for amendment hereof without the express consent of all the owners so affected. Section 24. Indemnification of County. The District shall indemnify and hold harmless, to the extent permitted by law, the County and its officers and employees (“Indemnified Parties”), against any and all losses, claims, damages or liabilities, joint or several, to which such Indemnified Parties may become subject because of action or inaction related to the adoption of any resolution by the Board of Supervisors of the County authorizing the District to issue and sell the Series C Bonds without the further action of the Board of Supervisors pursuant to Sections 15140 and 15146 of the Education Code, as permitted by Section 53508.7 of the Government Code. The District shall also reimburse any such Indemnified Parties for any legal or other expenses incurred in connection with investigating or defending any such claims or actions. Section 25. Effective Date. This Resolution shall take effect from and after its date of adoption. PASSED AND ADOPTED this day, November 13, 2018. President of the Board of Education of the San Ramon Valley Unified School District ATTEST: Clerk of the Board of Education of the San Ramon Valley Unified School District 12-4-18 BOS Minutes 1007 12-4-18 BOS Minutes 1008 A-1 4140-3505-3847.4 EXHIBIT A GOOD FAITH ESTIMATES The good faith estimates set forth herein are provided with respect to the Series C Bonds in compliance with Section 15146(b)(1)(D) of the California Education Code and Section 5852.1 of the California Government Code. Such good faith estimates have been provided to the District by PFM Financial Advisors LLC, as the District’s financial advisor under Education Code Section 15146(b)(1)(C) and as Municipal Advisor under Section 15B of the Securities Exchange Act of 1934 (the “Municipal Advisor”), and by Stifel, Nicolaus & Company, Incorporated, the underwriter of the Series C Bonds (the “Underwriter”). Principal Amount. The Municipal Advisor and the Underwriter have informed the District that, based on the District’s financing plan and current market conditions, their good faith estimate of the aggregate principal amount of the Series C Bonds to be sold is $60,005,000 (the “Estimated Principal Amount”). True Interest Cost of the Series C Bonds. The Municipal Advisor and the Underwriter have informed the District that, assuming that the Estimated Principal Amount of the Series C Bonds is sold, and based on market interest rates prevailing at the time of preparation of such estimate, their good faith estimate of the true interest cost of the Series C Bonds, which means the rate necessary to discount the amounts payable on the respective principal and interest payment dates to the purchase price received for the Series C Bonds, is 2.962%. Finance Charge of the Series C Bonds. The Municipal Advisor and the Underwriter have informed the District that, assuming that the Estimated Principal Amount of the Series C Bonds is sold, and based on market interest rates prevailing at the time of preparation of such estimate, their good faith estimate of the finance charge for the Series C Bonds, which means the sum of all fees and charges paid to third parties (or costs associated with the Series C Bonds), is $391,013.75, as follows: a) Underwriter’s Discount $165,013.75 b) Credit Enhancement N/A* c) Bond Counsel and Disbursements 47,500.00 d) Disclosure Counsel and Disbursements 25,000.00 e) Municipal Advisor and Disbursements 55,000.00 f) Rating Agency 55,000.00 g) Other Expenses 43,500.00 _________________ * A municipal bond insurance policy with respect to the Series C Bonds is not expected to be obtained. Amount of Proceeds to be Received. The Municipal Advisor and the Underwriter have informed the District that, assuming that the Estimated Principal Amount of the Series C Bonds is sold, and based on market interest rates prevailing at the time of preparation of such estimate, their good faith estimate of the amount of proceeds expected to be received by the District for sale of the Series C Bonds, less the finance charge of the Series C Bonds, as estimated above, and any reserves or capitalized interest paid or funded with proceeds of the Series C Bonds, is $60,005,000. 12-4-18 BOS Minutes 1009 A-2 4140-3505-3847.4 Total Payment Amount. The Municipal Advisor and the Underwriter have informed the District that, assuming that the Estimated Principal Amount of the Series C Bonds is sold, and based on market interest rates prevailing at the time of preparation of such estimate, their good faith estimate of the total payment amount, which means the sum total of all payments the District will make to pay debt service on the Series C Bonds, plus the finance charge for the Series C Bonds, as described above, not paid with the proceeds of the Series C Bonds, calculated to the final maturity of the Series C Bonds, is $67,705,617.18. The foregoing estimates constitute good faith estimates only. The actual principal amount of the Series C Bonds issued and sold, the true interest cost thereof, the finance charges thereof, the amount of proceeds received therefrom and total payment amount with respect thereto may differ from such good faith estimates due to (a) the actual date of the sale of the Series C Bonds being different than the date assumed for purposes of such estimates, (b) the actual principal amount of Series C Bonds sold being different from the Estimated Principal Amount, (c) the actual amortization of the Series C Bonds being different than the amortization assumed for purposes of such estimates, (d) the actual market interest rates at the time of sale of the Series C Bonds being different than those estimated for purposes of such estimates, (e) other market conditions, or (f) alterations in the District’s financing plan, or a combination of such factors. The actual date of sale of the Series C Bonds and the actual principal amount of Series C Bonds sold will be determined by the District based on the need for project funds and other factors. The actual interest rates borne by the Series C Bonds will depend on market interest rates at the time of sale thereof. The actual amortization of the Series C Bonds will also depend, in part, on market interest rates at the time of sale thereof. Market interest rates are affected by economic and other factors beyond the control of the District. The Board of Education has approved the issuance of the Series C Bonds with a maximum true interest cost of 3.50%. 12-4-18 BOS Minutes 1010 B-1 4140-3505-3847.4 EXHIBIT B FORM OF SERIES C BOND Number UNITED STATES OF AMERICA Amount R-__ STATE OF CALIFORNIA $__________ COUNTY OF CONTRA COSTA SAN RAMON VALLEY UNIFIED SCHOOL DISTRICT (COUNTY OF CONTRA COSTA, CALIFORNIA) GENERAL OBLIGATION BONDS, ELECTION OF 2012, SERIES C Maturity Date Interest Rate Dated as of CUSIP No. August 1, 20__ ____% _______ __, 2018 __________ Registered Owner: CEDE & CO. Principal Amount: ________________________________________ DOLLARS San Ramon Valley Unified School District, County of Contra Costa, State of California (the “District”), acknowledges itself obligated to and promises to pay to the Registered Owner identified above or registered assigns, on the Maturity Date set forth above or upon prior redemption hereof, the Principal Amount specified above in lawful money of the United States of America, and to pay interest thereon in like lawful money from the interest payment date next preceding the date of authentication of this Bond (unless this bond is authenticated after the close of business on a Record Date (as defined herein) and on or prior to the succeeding interest payment date, in which event it shall bear interest from such interest payment date, or unless this Bond is authenticated on or before [January 15], 2019, in which event it shall bear interest from the date hereof) at the Interest Rate per annum stated above, payable commencing on [February 1, 2019], and thereafter on February 1 and August 1 in each year, until payment of the Principal Amount. This Bond is issued pursuant to a Resolution adopted by the Board of Education of the District on November 13, 2018 (the “Resolution”). Capitalized undefined terms used herein have the meanings ascribed thereto in the Resolution. The principal hereof is payable to the Registered Owner hereof upon the surrender hereof at the principal corporate trust office of The Bank of New York Mellon Trust Company, N.A., the paying agent/registrar and transfer agent of the District (the “Paying Agent”). The interest hereon is payable to the person whose name appears on the bond registration books of the Paying Agent as the Registered Owner hereof as of the close of business on the 15th day of the month preceding an interest payment date (the “Record Date”), whether or not such day is a business day, such interest to be paid by check or draft mailed to such Registered Owner at the owner’s address as it appears on such registration books, or at such other address filed with the Paying Agent for that purpose. Upon written request, given no later than the Record Date immediately preceding an interest payment date, of the owner of bonds aggregating at least $1,000,000 in principal amount, interest will be paid by wire transfer in immediately available funds to an account maintained in the United States as specified by the Registered Owner in such request. So long as Cede & Co. or 12-4-18 BOS Minutes 1011 B-2 4140-3505-3847.4 its registered assigns shall be the Registered Owner of this Bond, payment shall be made in immediately available funds as provided in the Resolution hereinafter described. This Bond is one of a duly authorized issue of bonds of like tenor (except for such variations, if any, as may be required to designate varying series, numbers, denominations, interest rates, interest payment modes, maturities and redemption provisions), in the aggregate principal amount of $__________, and designated as “San Ramon Valley Unified School District (County of Contra Costa, California) General Obligation Bonds, Election of 2012, Series C” (the “Bonds”). The Bonds were authorized by a vote of at least 55% percent of the voters voting at an election duly and legally called, held and conducted in the District on November 6, 2012. The Bonds are issued and sold by the Board of Education of the District pursuant to and in strict conformity with the provisions of the Constitution and laws of the State, and of the Resolution, and subject to the more particular terms specified in the Bond Purchase Agreement, dated __________, 2018 (the “Bond Purchase Agreement”), by and between the District and Stifel, Nicolaus & Company, Incorporated, as underwriter. The Bonds are issuable as fully registered bonds without coupons in the denomination of $5,000 principal amount or any integral multiple thereof, provided that no Bond shall have principal maturing on more than one principal maturity date. Subject to the limitations and conditions and upon payment of the charges, if any, as provided in the Resolution, Bonds may be exchanged for a like aggregate principal amount of Bonds of the same tenor, interest payment mode, and maturity of other authorized denominations. This Bond is transferable by the Registered Owner hereof, in person or by attorney duly authorized in writing, at the principal corporate trust office of the Paying Agent, but only in the manner, subject to the limitations and upon payment of the charges provided in the Resolution, and upon surrender and cancellation of this Bond. Upon such transfer, a new Bond or Bonds of authorized denomination or denominations of the same tenor, interest payment mode, and same aggregate principal amount will be issued to the transferee in exchange herefor. The District and the Paying Agent may treat the registered owner hereof as the absolute owner hereof for all purposes, and the District and the Paying Agent shall not be affected by any notice to the contrary. [The Bonds are subject to optional and mandatory sinking fund redemption on the terms and subject to the conditions specified in the Resolution and the Bond Purchase Agreement. If this Bond is called for redemption and payment is duly provided therefor, interest shall cease to accrue hereon from and after the date fixed for redemption.] The Board of Education of the District hereby certifies and declares that the total amount of indebtedness of the District, including the amount of this Bond, is within the limit provided by law; that all acts, conditions and things required by law to be done or performed precedent to and in the issuance of this Bond have been done and performed in strict conformity with the laws authorizing the issuance of this Bond; and that this Bond is in substantially the form prescribed by order of the Board of Education duly made and entered on its minutes. The Bonds represent an obligation payable out of the interest and sinking fund of the District, and the money for the 12-4-18 BOS Minutes 1012 B-3 4140-3505-3847.4 payment of principal of, premium, if any, and interest hereon, shall be raised by taxation upon the taxable property of the District. Unless this Bond is presented by an authorized representative of The Depository Trust Company, a New York corporation (“DTC”), to the Paying Agent for registration of transfer, exchange, or payment, and any Bond issued is registered in the name of Cede & Co. or in such other name as is requested by an authorized representative of DTC (and any payment is made to Cede & Co. or to such other entity as is requested by an authorized representative of DTC), ANY TRANSFER, PLEDGE, OR OTHER USE HEREOF FOR VALUE OR OTHERWISE BY OR TO ANY PERSON IS WRONGFUL inasmuch as the Registered Owner hereof, Cede & Co., has an interest herein. This Bond shall not be entitled to any benefit under the Resolution, or become valid or obligatory for any purpose, until the certificate of authentication and registration hereon endorsed shall have been signed by the Paying Agent. IN WITNESS WHEREOF, the Board of Education of the San Ramon Valley Unified School District, County of Contra Costa, State of California, has caused this bond to be signed by its President and countersigned by the Clerk of said Board, as of the date set forth above. President of the Board of Education of the San Ramon Valley Unified School District Countersigned: Clerk of the Board of Education of the San Ramon Valley Unified School District 12-4-18 BOS Minutes 1013 B-4 4140-3505-3847.4 CERTIFICATE OF AUTHENTICATION AND REGISTRATION This is one of the Bonds described in the within-mentioned Resolution and authenticated and registered on ______________. THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A., AS PAYING AGENT By: Authorized Officer 12-4-18 BOS Minutes 1014 B-5 4140-3505-3847.4 ASSIGNMENT For value received the undersigned do(es) hereby sell, assign and transfer unto ______________________________ the within-mentioned Bond and hereby irrevocably constitute(s) and appoint(s) ______________________________ attorney, to transfer the same on the books of the Paying Agent with full power of substitution in the premises. ________________________ I.D. Number _________________________________________ Note: The signature(s) on this Assignment must correspond with the name(s) as written on the face of the within Bond in every particular, without alteration or enlargement or any change whatsoever. Dated: __________________ Signature Guarantee: Note: Signature must be guaranteed by an eligible guarantor institution. 12-4-18 BOS Minutes 1015 12-4-18 BOS Minutes 1016